c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant’s Proposal (Exhibit A).
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed eightythree thousand three hundred sixty dollars ($83,360.00) without additional written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff.
5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Consultant’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Consultant’s prospective or then current personnel is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein.
7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any thirdparty requests of Consultant shall be immediately referred to City, without any other actions by Consultant.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.
9. Independent Contractor.
a. Consultant is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Consultant as provided in the Agreement, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered
by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.
13. Compliance with Laws.
a. Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Consultant and/or its employees, officers, or board members.
b. Consultant represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.
14. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license.
15. Indemnity.
a. Indemnification for Professional Liability. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred
by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City.
b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-consultants of Consultant. Consultant shall not be liable to third parties for any liability exempted by statute.
c. General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section.
16. Insurance Requirements.
a. Insurance. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: Dost Engineering, Inc.
Attn: Farid Dost, PE
42230 Zevo Drive
Temecula, CA 92590
18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.
21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
22. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.
Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) nonmonetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Consultant’s Proposal.
30. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. [Signatures on next page]
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
“CONSULTANT”
Dost Engineering, Inc., a corporation
By: Farid Dost
Its: Principal Engineer
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors
EXHIBIT A
EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
EXHIBIT B
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
1 “Engineering excellence, from concept to completion
April 30, 2026
Yu Tagai
City Engineer
130 S. Main Street
Lake Elsinore, CA 92530
Subject: Proposal – Limited Avenue Sidewalk Improvements Project Dear Yu,
Dost Engineering, Inc. is pleased to submit this proposal for professional civil engineering design and construction support services for the Limited Avenue Sidewalk Improvements Project.
The project consists of sidewalk and related improvements along Limited Avenue between Kellogg Street and Main Street. This proposal provides professional civil engineering design and construction support services required to complete improvements within this corridor.
Topographic and right-of-way surveying services for the project corridor will be provided by Guida, Inc., who will serve as a subconsultant to Dost Engineering.
Please find the following exhibits enclosed with this Proposal:
Exhibit A – Project Understanding
Exhibit B – Scope of Services
Exhibit C – Project Schedule
Exhibit D – Compensation
We appreciate the opportunity to support the City on this project and look forward to working together.
Sincerely,
Farid Dost, PE - Principal Engineer
42230 Zevo Drive, Temecula, CA 92590
Office: (951) 404-8591, Cell: (619) 587-3300
2 EXHIBIT A – PROJECT UNDERSTANDING
The project consists of sidewalk and related improvements along Limited Avenue between Kellogg Street and Main Street.
The project corridor includes continuous sidewalk construction, curb and gutter installation, ADA-compliant curb ramps, driveway tie-ins, and roadway improvements consistent with the City’s collector street standards.
The project corridor presents several design challenges, including multiple intersection crossings, reconstruction of existing curb alignments, and the need to create a consistent and continuous streetscape along the length of Limited Avenue. The design will require tying into numerous existing driveways, curb returns, and pedestrian facilities while maintaining ADA compliance and proper drainage.
In addition, the project includes a crossing over Temescal Creek (Reach 6), requiring coordination of sidewalk improvements across the bridge and integration with existing trail facilities along the creek corridor. The design will also address drainage features, including existing inlets, outlets, and connections to adjacent improvements.
Dost Engineering will lead the civil design and coordination effort as the prime consultant, supported by Guida, Inc., who will provide topographic and right-of-way surveying services for the project corridor.
3 EXHIBIT B – SCOPE OF SERVICES
The project will be delivered through a coordinated effort between Guida, Inc. (surveying subconsultant) and Dost Engineering (prime consultant), consistent with the standard project practices.
Guida, Inc. – Surveying Subconsultant
Guida, Inc. will perform topographic and right-of-way surveying services for the Limited Avenue corridor, between Kellogg Street and Main Street. The survey will be tied to the existing horizontal and vertical control where available.
Survey services will include extension of horizontal and vertical control, field mapping of visible surface features, and collection of topographic data necessary to support roadway, sidewalk, and drainage design. Features to be located include, but are not limited to, curbs, gutters, driveways, sidewalks, curb ramps, street crossings, utility structures, trees, and other surface improvements.
On the south side of Limited Avenue, the survey will include detailed mapping of the existing asphalt walkway/bikeway and adjacent improvements, including features located beyond the walkway where accessible, to support the proposed sidewalk, curb, and roadway improvements.
On the north side of Limited Avenue, the survey will extend to the top of curb to provide sufficient information for roadway width evaluation and drainage analysis.
Utility structures such as storm drain and sewer manholes and inlets will be observed and documented, including rim elevations, invert elevations where accessible, and pipe size and direction.
Right-of-way services will include research of record maps and field recovery of survey monuments to establish street right-of-way limits and centerline. This information will be incorporated into the survey base mapping.
Survey data will be compiled into an AutoCAD Civil 3D base map at 20-scale, including a digital terrain model (DTM), and will be integrated with available mapping and base data.
Survey Deliverables:
Civil 3D CAD base file with topographic and right-of-way data Signed PDF of topographic survey
Field notes (PDF format)
Field photos (JPG format)
ASCII point files
4 A detailed description of Guida’s services, assumptions, and exclusions is provided in their proposal, which is attached and incorporated herein by reference.
Dost Engineering – Civil Design and Project Management
Dost Engineering will provide civil engineering design, project management, and construction support services for the Limited Avenue corridor, between Kellogg Street and Main Street. The work will be based on existing site conditions and available information.
Project Management and Coordination
Serve as the City’s primary point of contact for the project Coordinate with City staff, Guida, utility agencies, and other stakeholders Manage project schedule, staffing, and deliverables
Conduct site visits and field verification as needed
Coordinate with adjacent property owners for access and design considerations Concept Design Submittal
Incorporate survey base and right-of-way mapping into the design Develop layout for sidewalk, curb and gutter, and roadway improvements along Limited Avenue, including preparation of a separate demolition plan. Establish horizontal and vertical alignment consistent with collector street standards Evaluate and incorporate driveway tie-ins, curb returns, and intersection improvements Develop ADA-compliant curb ramp layouts at all crossings Coordinate pedestrian connectivity across intersections and to existing trail facilities Evaluate bridge crossing at Temescal Creek (Reach 6) and integrate sidewalk improvements across the structure
90% PS&E Submittal
Prepare demolition plans, improvement plans, grading plans, ADA curb ramp details, and erosion control plans
Address roadway widening, curb realignment, and corridor continuity Develop curb profiles, grading transitions to tie into existing driveways, sidewalks, and adjacent improvements
Evaluate and incorporate drainage improvements, including inlets, outlets, and connections to existing systems
Coordinate and resolve utility conflicts
Prepare draft specifications, quantity takeoffs, and engineer’s estimate 100% PS&E Submittal
Prepare final signed construction plans, technical specifications, and bid schedule Address all City review comments from the 90% submittal 5 Finalize design details for roadway, sidewalk, ADA improvements, and drainage Construction Support Services
Attend pre-bid and pre-construction meetings as needed Respond to Requests for Information (RFIs) and provide clarifications Provide limited revisions during bidding and construction phases Dost Engineering Deliverables:
Concept design layout (PDF and CAD formats)
90% improvement plans, grading, ADA ramps, and erosion control (PDF and CAD) Draft specifications, quantities, and cost estimate
100% PS&E plans, technical specifications, and bid schedule Responses to City review comments and minor revisions Construction-phase design support and RFI responses
6 EXHIBIT C – PROJECT SCHEDULE
The following schedule outlines the anticipated timeline for survey, design, and construction support activities. The schedule assumes a Notice to Proceed (NTP) on or around March 31, 2026.
Task Duration Completion Date (Est.)
Survey & Mapping (Guida) 5 weeks May 5, 2026
Concept Design Submittal 5 weeks following
completion of survey June 9, 2026
90% PS&E Submittal 5 weeks July 14, 2026
100% PS&E Submittal 3 weeks August 4, 2026
Construction Support Through bidding August – December 2026 The schedule assumes timely receipt of survey data, prompt City review, and no delays due to access, coordination, or unforeseen site conditions. The timeline will be coordinated with the City to align with the overall project schedule.
7 EXHIBIT D – COMPENSATION
The total fee for services described herein for the Limited Avenue corridor shall be $83,360, inclusive of all labor, materials, and direct costs. The work will be performed on a fixed fee basis and invoiced monthly based on percent completion of each task. The breakdown is as follows:
Dost Engineering (Prime Consultant)
Task Description Fee
Project Management & Coordination $5,200
Concept Design Submittal $17,480
90% PS&E Submittal $17,480
100% PS&E Submittal $14,200
Construction Support Services $1,200
Subtotal – Dost Engineering, Inc. $55,560
Guida, Inc. (Subconsultant – Surveying Services)
Subtotal - Guida, Inc. $27,800
Guida will be compensated a lump sum fixed fee of $27,800 for the topographic and utility survey services as described in Exhibit B and detailed in Attachment 1 – Guida Proposal.
Total Services Fee $83,360
Invoices will be submitted monthly based on the percent completion of each task listed above.
Any additional services beyond the defined scope shall require prior written authorization and may be billed separately.
GUIDA | SAN DIEGO OFFICE
380 STATE PLACE, ESCONDIDO, CA 92029
WWW.GUIDAINC.COM
PROPOSAL
PREPARED FOR: Dost Engineering
Limited Avenue Project
Topographic Mapping
03LTR22-063(Rev01)
DOST _L IM IT E D _G UID A _0 3 L T R22-0 63 (RE V 0 1). DOCX 2 ESCONDIDO | 380 STATE PLACE, ESCONDIDO, CA 92029
CORPORATE (949) 777-2000 | WWW.GUIDAINC.COM
April 30, 2026 03LTR26-063(Rev01)
Farid Dost, PE
Dost Engineering
42230 Zevo Drive
Temecula, CA 92590
PROPOSAL FOR: Limited Avenue Project, Topographic Mapping Dear Farid,
GUIDA appreciates the opportunity to submit our proposal for the referenced project. We have carefully reviewed your request and are pleased to provide the accompanying Scope of Work (Exhibit A) and Schedule and Fee (Exhibit B) for your consideration.
GUIDA is a full-service land surveying, mapping, and geospatial firm delivering precise, reliable results since 1995. With extensive experience across public and private projects, we’ve refined a proven project management and quality control process that ensures timely, accurate deliverables. By combining traditional surveying expertise with advanced technology, we deliver innovative, cost-effective solutions tailored to each client’s needs—always upholding the highest industry standards.
GUIDA is registered with the Department of Industrial Relations under DIR #1000006862, is signatory to a collective bargaining agreement with the International Union of Operating Engineers, Locals 3 and 12, and maintains the required Professional Liability Insurance.
The following proposal was prepared under the supervision of a professional licensed land surveyor and will be valid 120 days from the date noted on this cover letter. All communication associated with this proposal will be coordinated by the undersigned. Thank you very much for your time and we look forward to hearing from you soon.
PREPARED BY: REVIEWED BY:
Justin Height, PLS 6167 REVIEWED BY:
Senior Project Manager Kiel Swanson, PLS
T | 949.777.2063 Senior Project Surveyor
E | [email protected]
CLIENT APPROVAL TO PROCEED:
SIGNATURE PRINTED NAME DATE
DOST _L IM IT E D _G UID A _0 3 L T R22-0 63 (RE V 0 1). DOCX 3 ESCONDIDO | 380 STATE PLACE, ESCONDIDO, CA 92029
CORPORATE (949) 777-2000 | WWW.GUIDAINC.COM
PROJECT UNDERSTANDING
The City has requested topographic mapping and right of way mapping along Limited Avenue, between Kellogg Street and Main Street.
PROJECT LIMITS
SCOPE OF WORK
Project Survey Control
• Establish project survey control to limits of survey area. • Prepare Project Control notes to be included in the topographic mapping.
Topographic Surveying and Mapping
• Perform survey of red area indicated on the Project Limits above. • Our survey will include surface utilities and existing features and topographic features such as high points, low point, and grade breaks. Trees will be located but identification of species will be by “educated guess”. Sewer and storm drain inlets and manholes will be opened to measure depths and note pipe size and direction. • Download and process data. Prepare topographic mapping at 20-scale as a C3D AutoCAD drawing file with DTM surface.
• Limited labeling will be provided where needed to clarify features.
EXHIBIT A
SCOPE OF WORK
Blue = previously completed survey.
Red = limits of Limited Avenue topographic
surveying and mapping, and right of way
mapping, as requested.
Design work primarily focused on the south
side of Limited Avenue. On the south side of
Limited Avenue, survey will include existing
asphalt walkway, curbs, driveways, curb
ramps, street crossings, and any visible
surface improvements or utilities. On the
north side of Limited Avenue, survey will
include up to the top of curb.
DOST _L IM IT E D _G UID A _0 3 L T R22-0 63 (RE V 0 1). DOCX 4 ESCONDIDO | 380 STATE PLACE, ESCONDIDO, CA 92029
CORPORATE (949) 777-2000 | WWW.GUIDAINC.COM
Right of Way Surveying and Mapping
• Research record maps and Corner Records on the Riverside County My Survey Research website. • Perform field survey to recover survey monuments for street right of way mapping purposes. • Download and process field data. Prepare right of way mapping as an AutoCAD/C3D drawing file, including found monuments, street centerline, and street ROW.
ASSUMPTIONS
The following assumptions have been made:
1) Client will notify owners and tenants of our work and arrange for access. 2) No permits of any kind will be required. If permits are required, they will be provided at no cost to the survey team.
EXCLUSIONS
The following services, and all other services not specifically listed herein, are excluded:
1) Traffic control plans, permits, and services if required to safely complete survey work in city streets. 2) Tree identification.
3) Subsurface utility research, locating, and mapping.
4) Right of Way Engineering (appraisal maps, legal descriptions, etc.) 5) Monument Preservation (Corner Records, etc.)
6) Excessive or unreasonable map review comments.
DELIVERABLES
The following deliverables are included:
1) Topographic Mapping in AutoCAD Civil3D format
2) Topographic Mapping as PDF sheet, signed and sealed. 3) Field Notes in PDF format
4) Field Photos in JPG format
5) ASCII Point Files
DOST _L IM IT E D _G UID A _0 3 L T R22-0 63 (RE V 0 1). DOCX 5 ESCONDIDO | 380 STATE PLACE, ESCONDIDO, CA 92029
CORPORATE (949) 777-2000 | WWW.GUIDAINC.COM
SCHEDULE
Based on our current schedule and existing commitments, we anticipate being able to commence work on the surveys within five (5) business days following receipt of a fully executed agreement or written authorization to proceed.
We estimate that the services described herein will be completed and delivered within approximately thirty (30) business days, assuming there are no delays in access, weather, receipt of required information, or other circumstances beyond our control.
FEE
The services defined herein will be completed for a lump sum fee of $27,800. This fee includes costs for prevailing wage labor, equipment, and other direct costs associated with the project.
X HOURLY R ATE SHEET IN CLUDED
EXHIBIT B
SCHEDULE AND FEE
SOU THE RN C ALI FOR NI A L OCAT ION S
ORANGE COUNTY 220 Commerce, Suite 150, Irvine, CA 92602 INLAND EMPIRE 3237 E. Guasti Road, Suite 260, Ontario, CA 91761 | SAN DIEGO 380 State Place, Escondido, CA 92029 W W W . G U I D A I N C . C O M
GUIDA 2025-2026 Southern California Approved Rates (RG20260202).Docx Page 1 of 2 SOUTHERN CALIFORNIA | SURVEY AND MAPPING RATE SHEET
Rates effective July 1, 2025 through June 30, 2026
HOURLY RATES
L A B O R D E S C R I P T I O N H O U R L Y R A T E
Principal $335.00
Senior Project Manager $300.00
Project Manager $275.00
Senior Project Surveyor/Field Supervisor $255.00
Project Surveyor $215.00
Senior Survey Analyst $195.00
Survey Analyst $175.00
Survey Technician $150.00
Project Coordinator $160.00
Survey Intern $110.00
Field Survey Rates (Prevailing Wage Applies)* D A Y B A S E R A T E * * N I G H T B A S E R A T E * * * 1-Person Survey Crew $250.00 $315.00
2-Person Survey Crew $420.00 $525.00
3-Person Survey Crew $550.00 $690.00
Utility Locate Manager $250.00 $315.00
Utility Locate Technician $180.00 $225.00
*1-, 2- and 3-person survey crews are inclusive of survey vehicles, conventional and GPS survey equipment, and associated survey tools, safety equipment, etc. Utility Locate Manager/Technician rate is inclusive of vehicle and utility locating equipment. **The Daytime Base Rate will be charged for work beginning between 6am to 6pm Sunday through Saturday. Overtime will apply as applicable, see below.
***The Night Base Rate will be charged for work beginning between 6pm to 6am, Sunday through Saturday. Overtime will apply as applicable, see below.
MINIMUM HOURLY CHARGE (PREVAILING WAGE ONLY)
Office classifications will be billed based on the hours worked, no minimum hourly charge. Field classifications will be billed on an hourly basis with a minimum of 4, 6, and 8 hours in accordance with prevailing wage requirements.
ESCALATION
Non-represented classifications will escalate annually beginning July 1,2026. All field rates will escalate in accordance with the International Union of Operating Engineers, Local 12.
OVERTIME
Straight time will be billed for all work performed on-site up to 8 hours each day, Monday through Friday. Overtime will begin after 8 hours, Monday through Friday and on Saturdays. Double time will begin after 12 hours and on Sundays and holidays.
The overtime/double labor rates will include:
Overtime (on-site over 8 hours Mon-Fri and Sat) 1.5 times the hourly base rate Sundays and Holidays 2.0 times the hourly base rate
SOU THE RN C ALI FOR NI A L OCAT ION S
ORANGE COUNTY 220 Commerce, Suite 150, Irvine, CA 92602 INLAND EMPIRE 3237 E. Guasti Road, Suite 260, Ontario, CA 91761 | SAN DIEGO 380 State Place, Escondido, CA 92029 W W W . G U I D A I N C . C O M
GUIDA 2025-2026 Southern California Approved Rates (RG20260202).Docx Page 2 of 2 SOUTHERN CALIFORNIA | SURVEY AND MAPPING RATE SHEET
Rates effective through June 30, 2026
OTHER DIRECT COSTS
1. Reimbursable costs including but not limited to delivery or messenger fees, reproduction costs, agency fees, permits, title company fees, etc., shall be billed at cost plus 15%.
2. Travel costs such as per diem, mileage, and lodging will be billed at cost.
3. Subconsultant fees shall be billed at cost plus 15%.
4. Mobile LiDAR equipment shall be billed at $1,457.00 per day.
5. UAS LiDAR equipment shall be billed at $922.00 per day.
6. Utility Locating Sled (Truck Mounted) shall be billed at $2,200.00 per day.
7. Costs related to specialty survey requirements, (i.e., traffic control, specialty equipment, etc.) will be billed at cost plus 15%.
8. Expenses for any special equipment and/or requests shall be at the approval of the client.
PROJECT MAP PROPOSED SIDEWALK
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Shannon Buckley, Assistant City Manager
Date: May 12, 2026
Subject: Lake Elsinore Community Facilities District No. 2015-1 (Safety Services) Declaring Its Intention to Consider Annexing Territory Planning Application No. 2023-06 (PA No. 2023-06) Annexation No. 17
Recommendation
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES), DECLARING ITS
INTENTION TO CONSIDER ANNEXING TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES).
Background
In 2016, the City formed Community Facilities District No. 2015-1 of the City of Lake Elsinore (Safety Services) (“Community Facilities District No. 2015-1” or the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”). The District is authorized to levy a special tax within its boundaries to provide, among others, police protection services, fire protection and suppression services, and paramedic services.
The owner, RSI Development Lake Elsinore, LLC, a Nevada limited liability company, (the “Owner”), owns property containing 96 proposed multi-family residential apartments within the City has requested that the City assist them in annexing territory into CFD No. 2015-1 (Safety Services) to cover the costs associated with safety services. Such property is located at the northwest corner of Eisenhower Drive and Riverside Drive, and southeast corner of Monroe Street and Madison Court.
Discussion
The landowner has advised the City that the area described in Exhibit “B” of the Resolution of Intention to be annexed into CFD No. 2015-1 and that a Rate and Method of Apportionment of the special taxes to be levied as described in Exhibit “C”.
CFD 2015-1 Annexation 17
The proposed total maximum tax rate for multi-family residential units is $635.93 per unit per year, starting Fiscal Year 2025-26. The Annual Special Tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or four percent (4%).
The City has agreed to the annexation into the CFD and the Owners have submitted a "Consent and Waiver" form on file in the City Clerk's Office, to initiate and conduct proceedings pursuant to the Mello-Roos Act of 1982, requesting the annexation of property to CFD No. 2015-1 (Safety Services) and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election.
The next step to annex the property to CFD No. 2015-1 is to publish a notification of the proposed Annexation along with the "Resolution of Intention" and Boundary Map of the proposed Annexation area. A public hearing on the matter will take place on June 23, 2026, and at that time the Council will formally consider approval of Annexation No. 17.
Fiscal Impact
The Owners have made a deposit to pay for the costs of the Annexation.
The Annexation will result in property owners paying a tax of $635.93 per unit for multi-family units, plus an annual escalation of the greater of Consumer Price Index (CPI) or four percent (4%).
Attachments
Attachment 1 – Project Map
Attachment 2 – Resolution of Intention
Exhibits A-G
MADISON
CT
EISENHOWER
DR
RIVERSIDE
DR
LAKE
CREST
DR
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LAKESHORE
DR MAIN ST
NICHOLS RD
FLINT ST
RIVERSIDE DR
MINTHORN ST
10TH ST
COLLIER AVE
COMMUNITY FACILITIES DISTRICT NO. 2015-1
ANNEXATION NO. 17
PROJECT MAP
RESOLUTION NO. 2026-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY
SERVICES), DECLARING ITS INTENTION TO CONSIDER ANNEXING TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY
OF LAKE ELSINORE (SAFETY SERVICES)
Whereas, on March 8, 2016, the City Council (the “City Council”) of the City of Lake Elsinore adopted Resolution No. 2016-022 (the “Resolution of Intention”), declaring its intention to establish Community Facilities District No. 2015-1 of the City of Lake Elsinore (Safety Services) (“Community Facilities District No. 2015-1” or the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”); and
Whereas, after a duly noticed public hearing, the City Council adopted Resolution No. 2016-035 (the “Resolution of Formation”) establishing Community Facilities District No. 2015-1 and calling a special election therein to authorize (i) the levy of special taxes pursuant to the rate and method of apportionment of the special tax, as set forth in Exhibit “C” attached to the Resolution of Intention (the “Original Rate and Method”), and (ii) the establishment of an appropriations limit for Community Facilities District No. 2015-1; and
Whereas, the City Council has received a petition from and signed by RSI Development Lake Elsinore, LLC, a Nevada limited liability company (the “Owner”), requesting (i) the annexation of the territory within the boundaries set forth in Exhibit “A”, hereto (the “Annexation Territory”) to the District; (ii) the levy of the special tax within the Annexation Territory in accordance with the Rate and Method of Apportionment of Special Tax attached as Exhibit “C”, hereto (the “Rate and Method”), which Rate and Method is identical to the Original Rate and Method in all respects except that Appendix A thereto has been updated in accordance with the terms of the Original Rate and Method to reflect the annexation described herein and (iii) the waiving certain election requirements; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SAFETY SERVICES) HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:
Section 1. Recitals. Each of the above recitals is true and correct.
Section 2. Intent to Annex. The City Council declares its intention to conduct proceedings pursuant to the Act for the annexation to the District of the Annexation Territory.
Section 3. Description of Territory Proposed to be Annexed, Annexation Map. The map showing the original boundaries of the District designated as “Map of Proposed Boundaries of Community Facilities District No. 2015-1 of the City of Lake Elsinore (Safety Services),” which map is on file in the office of the City Clerk and was recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code in the City of County Book of Maps of Assessment and Community Facilities Districts in the Assessor-County Clerk-Recorder’s office of the County of Riverside in Book No. 79 Page No. 45-46, on March 14, 2016 as Instrument No. 2016-00978338.
The boundaries of the Annexation Territory proposed to be annexed to the District and be made subject to taxation are as shown on the annexation map set forth in Exhibit “D” hereto (the CC Res. No. 2026-_____
“Boundary Map”). The City Clerk is hereby directed to sign the boundary map and record it with all proper endorsements thereon with the County Recorder of the County of Riverside within 15 days after the adoption of this resolution, all as required by Section 3111 of the Streets and Highways Code of the State of California.
Section 4. Description of Authorized Services. The Services (as defined in the Rate and Method) proposed to be provided for the benefit of the Annexation Territory are public services as defined in the Act, and this City Council finds and determines that the Services to be financed are in addition to those provided in the territory the Annexation Territory, at the present time and do not supplant services already available within the Annexation Territory at the present time. The City Council hereby finds and determines that the description of the Services herein is sufficiently informative to allow taxpayers within the Annexation Territory, to understand what the funds of the District may be used to finance. The Services Incidental Expenses (as defined in the Rate and Method) expected to be incurred within the Annexation Territory are set forth in the Rate and Method. The amount and term of the special tax to be levied by the District within the Annexation Territory and the Services to be provided by the District within the Annexation Territory shall be identical to those within the original boundaries of the District.
Section 5. Levy of Special Taxes. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with the procedures contained in the Act a separate special tax, secured by recordation of a continuing lien against all nonexempt real property in the Annexation Territory, sufficient to pay for the Services and the Services Incidental Expenses. The rate and method of apportionment and manner of collection of the special taxes set forth in Exhibit “C” allows each homeowner within the Annexation Territory to estimate the maximum amount that may be levied against each parcel.
The special taxes for Services may be increased based on the consumer price index by an amount not to exceed four percent (4%) per year to the extent permitted in the Rate and Method. The special tax for Services may be levied for such period as the Services are needed, as further described in Exhibit “B” hereto.
The special taxes are based on the expected demand that each parcel of real property within the Annexation Territory will place on the Services. The City Council hereby determines that the proposed Services are necessary to meet the increased demand placed upon the City and the existing police, fire, rescue and paramedic services in the City as a result of the development of the land proposed for annexation to the District. The City Council hereby determines the rate and method of apportionment of the special taxes set forth in Exhibit “C” to be reasonable. The special tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and such special taxes are not on or based upon value or ownership of real property.
Section 6. Public Hearing. A public hearing (the “Hearing”) on the annexation of the Annexation Territory to the District, the levy of the special tax within the Annexation Territory in accordance with the Rate and Method to finance the Services shall be held at 7:00 p.m., or as soon thereafter as practicable, on June 23, 2026, at the City Cultural Center, 183 North Main Street, Lake Elsinore, California. Should the City Council determine to annex the Annexation Territory to the District, a special election will be held to authorize the levy of the special taxes in accordance with the procedures contained in Government Code Section 53326. If held, the proposed voting procedure at the election will be a landowner vote with each landowner who is the owner of record of land within Annexation Territory at the close of the Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof owned within the Annexation Territory.
Ballots for the special election may be distributed by mail or by personal service.
CC Res. No. 2026-_____
Section 7. Adjustments. The City Council does not intend to make any adjustment in property taxation pursuant to Sections 53313.6 and 53313.7 of the Act.
Section 8. Public Hearing. At the time and place set forth above for the Hearing, any interested person, including all persons owning lands or registered to vote within the Annexation Territory, may appear to be heard.
Section 9. Notice of Public Hearing. The City Clerk is hereby directed to publish a notice (the “Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the Annexation Territory. The City Clerk is further directed to mail a copy of the Notice to each landowner within the Annexation Territory at least 15 days prior to the Hearing. The Notice shall contain the text or a summary of this Resolution, the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed district and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least seven (7) days prior to the date of the Hearing.
Section 10. Effective Date. This Resolution shall be effective upon its adoption.
PASSED and ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 12th day of May 2026.
_____________________________
Robert Magee, Mayor
ATTEST:
_____________________________
Candice Alvarez, MMC, City Clerk
CC Res. No. 2026-_____
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2026-___ was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of May 12, 2026, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Candice Alvarez, MMC, City Clerk
EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of Lake Elsinore Community Facilities District No. 2015-1 (Safety Services) (the “CFD No. 2015-1”) Annexation No. 17 is currently comprised of one (1) parcel, located within the city boundaries. The properties are identified by the following Riverside County Assessor's Parcel Numbers (APNs).
APN Owner Name
379-315-033 RSI Development Lake Elsinore, LLC, a
Nevada limited liability company
EXHIBIT B
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015-1
(SAFETY SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2015-1, as provided by Section 53313 of the Act, will include some or all of the costs attributable to public safety.
These services include police protection services (including but not limited to criminal justice services), fire protection and suppression services, and paramedic services.
In addition to payment of the cost and expense of the foregoing services, proceeds of the special tax may be expended to pay "Administrative Expenses" as said term is defined in the Rate and Method of Apportionment and to establish an operating reserve for the costs of services as determined by the Administrator.
The above services shall be limited to those provided within the boundaries of CFD No. 2015-1 and the Future Annexation Area of CFD No. 2015-1 or for the benefit of the properties within the boundaries of CFD No. 2015-1 and the Future Annexation Area of CFD No. 2015-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2015-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2015-1 before CFD No. 2015-1 was created.
City of Lake Elsinore Page 1
Community Facilities District No. 2015-1 (Safety Services)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SAFETY SERVICES)
OF THE CITY OF LAKE ELSINORE
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2015-1 (Safety Services) (the “CFD No. 2015-1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2016, in an amount determined by the City Council of the City of Lake Elsinore, acting in its capacity as the legislative body of CFD No. 2015-1, by applying the rate and method of apportionment set forth below.
All of the real property in CFD No. 2015-1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2015-1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2015-1, or any designee thereof associated with fulfilling the CFD No. 2015-1 reporting requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2015-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2015-1 for any other administrative purposes of CFD No. 2015-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of Lake Elsinore, or his or her designee. “Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of Riverside.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means the identification number assigned to a parcel by the County Assessor of the County of Riverside.
“CFD” or “CFD No. 2015-1” means the City of Lake Elsinore Community Facilities District No. 2015-1 (Safety Services).
“City” means the City of Lake Elsinore.
“County” means the County of Riverside.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Developed Multi-Family Property” means all Assessor's Parcels of Developed Property for which a building permit or use permit for the construction of a residential structure with two or more
EXHIBIT C
City of Lake Elsinore Page 2
Community Facilities District No. 2015-1 (Safety Services) Residential Units that share a single Assessor's Parcel Number, as determined by the Administrator, has been issued prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. “Developed Single Family Property” means any residential property other than a Developed MultiFamily Property on an Assessor’s Parcel for which a building permit for new construction has been issued by the City on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section E.
“Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th.
“Maximum Special Tax” means the Maximum Special Tax, as applicable, levied within the CFD for any Fiscal Year.
“Future Annexation Area” means any area included inside the boundaries of the proposed boundary map included in Appendix C.
“Proportionately” means for Taxable Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor’s Parcels. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Services” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2015-1 as set forth in Appendix B.
“Special Tax” means the Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
"Special Tax Requirement" means the amount to be collected in any Fiscal Year to pay for certain costs as required to meet the public safety needs of CFD No. 2015-1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for (i) police protection services, (ii) fire protection and suppression services, (iii) paramedic services, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses.
Under no circumstances shall the Special Tax Requirement include funds for bonds. "Taxable Property" means all Assessor’s Parcels within CFD No. 2015-1, which are not Exempt Property.
“Taxable Unit” means a Residential Unit.
City of Lake Elsinore Page 3
Community Facilities District No. 2015-1 (Safety Services) B. RATE AND METHOD OF APPORTIONMENT OF MAXIMUM SPECIAL TAX RATES As of July 1 of each Fiscal Year, commencing July 1, 2016, the Council shall determine the Special Tax Requirement and shall levy the Special Tax upon each of the Assessor’s Parcels within the CFD which constitute a Developed Single Family Property or a Developed Multi-Family Property until the aggregate amount of Special Tax equals the Special Tax Requirement. The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax Requirement.
The Maximum Special Tax for Fiscal Year 2016-2017 for a Developed Single Family Property and a Developed Multi-Family Property are shown below in Table 1.
TABLE 1
MAXIMUM SPECIAL TAX RATES
FISCAL YEAR 2016-2017
Description
Taxable
Unit
Maximum
Special Tax
Developed Single Family Property RU $685
Developed Multi-Family Property RU $419
Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2017 the Maximum Special Tax for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by four percent (4.0%), whichever is greater.
No Special Tax shall be levied on property which, at the time of adoption of the Resolution of Formation for CFD No. 2015-1 is an Exempt Property.
C. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2015-1 from time to time.
Pursuant to California Government Code section 53339 et seq., the rate and method adopted for the annexed property shall reflect the Maximum Special Tax rate at the then current year’s Maximum Special Tax rate as set forth in Appendix A.
D. TERM OF SPECIAL TAX
For each Fiscal Year, the Maximum Special Taxes shall be levied as long as the Services are being provided within the boundaries of CFD No. 2015-1.
E. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2015-1, any Assessor’s Parcel in any of the following categories; (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, City of Lake Elsinore Page 4
Community Facilities District No. 2015-1 (Safety Services) encumbered by or restricted in use by any public entity; (ii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) Assessor’s Parcels which are privately owned but are encumbered by or restricted solely for public uses; (iv) any Assessor’s Parcel which is in use in the performance of a public function as determined by the Administrator; or (v) any Assessor’s Parcel which is not a Developed Single Family Property or a Developed Multi-Family Property.
F. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. The Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the Administrator’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).
G. MANNER OF COLLECTION
The Maximum Special Taxes levied in each Fiscal Year shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.
However, the District may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.
The Maximum Special Taxes when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the Streets and Highways Code. This lien shall be a continuing lien and shall secure each levy of Maximum Special Taxes. The lien of Maximum Special Taxes shall continue in force and effect until the Special Tax ceases to be levied in the manner provided by Section 53330.5 of the Government Code.
City of Lake Elsinore Page 5
Community Facilities District No. 2015-1 (Safety Services)
APPENDIX A
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015-1
(SAFETY SERVICES)
ANNEXATION SUMMARY
Safety Services - It is estimated that the cost of providing police, fire protection, and paramedic services being funded by the Special Tax for the Community Facilities District No. 2015-1 (Safety Services) will be as follows for the Fiscal Year 2016-2017:
$685 per residential unit for Developed Single Family Residential Property $419 per residential unit for Developed Multi-Family Residential Property Annual Escalation - On each July 1, commencing on July 1, 2017 the Maximum Special Tax for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los City of Lake Elsinore Page 6
Community Facilities District No. 2015-1 (Safety Services) Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by four percent (4.0%), whichever is greater.
Annex.
#
Fiscal
Year Tract
Development
Name
No. of
Taxable
Units
Land Use
Category
Maximum
Special
Tax at Annex. Subdivider
Original 2016-17 36557 Terracina 452 Developed Single
Family Property $685.00 Terracina Investors, LLC & C/O Spectrum Communities Original 2016-17 36682 Senterra 74 Developed Single
Family Property $685.00 Pardee Homes
1 2016-17 33486 Makenna Court 81 Developed Single
Family Property $685.00 SAM-McKenna
2 2016-17 28214
-6, -7, -8
Skypointe at
Alberhill Ranch 82 Developed Single Family Property $685.00 KB Homes 3 2018-19 31957 Running Deer 96 Developed Single
Family Property $740.90 SAM-Running Deer
4 2018-19 37381 &
37382 Wasson Canyon II 272 Developed Single Family Property $740.90 Ava Karras 5 2019-20 33267 Westlake 163 Developed Single
Family Property $770.53 Pardee Homes
6 2019-20 37305 Nichols Ranch 168 Developed Single
Family Property $770.53 Nichols RD Partners, LLC
7 2020-21 30698 &
32129 Rosetta Hills 178 Developed SingleFamily Property $801.35 Three Strands Properties & Spectrum Communities 8 2021-22 33370 Tessera 90 Developed Single
Family Property $833.41 JLJ, LP
9 2021-22 33725 &
25475
Tuscany Valley/
Crest 335 Developed SingleFamily Property $833.41 Shopoff Realty Investment 10 2021-22 38008 Ridgeline at
Westridge 60 Developed Single Family Property $833.41 Tri Pointe Homes 11 2021-22 38214-9 Alberhill Ranch 344 Developed Single Family Property $833.41 Alberhill Development, LLC
12 2022-23 37280 Lakeshore 140 Developed Single
Family Property $917.08 Lake Elsinore Lakeshore, LLC & Erin Crowder 13 2022-23 38116 Lakeside 140 Developed Single
Family Property $917.08 Tri Pointe Homes IE-SD, Inc.
14 2023-24 38378 Coastal Mission
Trails 191 Developed Single Family Property $958.90 Vista Emerald, LLC 15 2025-26 34249 Canyon Hills
Estates 133 Developed Single Family Property $1,039.64 Tri Pointe Homes IE-SD, Inc. 16 2025-26 37578 Bamiyan
Marketplace
60 Developed Single
Family Property $1,039.64 Zairey, Inc., a California
Corporation 14 Developed Multi
Family Property $635.93
17 2025-26 13799 Riverside Drive
Apartments 96 Developed Multi Family Property $635.93 RSI Development Lake Elsinore, LLC City of Lake Elsinore Page 7
Community Facilities District No. 2015-1 (Safety Services)
APPENDIX B
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015-1
(SAFETY SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2015-1, as provided by Section 53313 of the Act, will include some or all of the costs attributable to public safety.
These services include police protection services (including but not limited to criminal justice services), fire protection and suppression services, and paramedic services.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses” as said term is defined in the Rate and Method of Apportionment and to establish an operating reserve for the costs of services as determined by the Administrator.
The above services shall be limited to those provided within the boundaries of CFD No. 2015-1 and the Future Annexation Area of CFD No. 2015-1 or for the benefit of the properties within the boundaries of CFD No. 2015-1 and the Future Annexation Area of CFD No. 2015-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2015-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2015-1 before CFD No. 2015-1 was created.
EXHIBIT D
ANNEXATION AND POTENTIAL ANNEXATION BOUNDARY MAPS
MADISON CT
MONROE ST
RIVERSIDE DR EISENHOWER DR ·|}þ74 379-315-033
ANNEXATION MAP NO. 17
COMMUNITY FACILITIES DISTRICT NO. 2015-1
(SAFETY SERVICES)
CITY OF LAKE ELSINORE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
SHEET 1 OF 1 SHEET
\_
ANNEX NO. 17
·|}þ74 ·|}þ7
·|}þ74
§¨¦215 §¨¦15
LAKE ELSINORE
THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BEANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2015-1(SAFETY SERVICES), OF THE CITY OF LAKE ELSINORE, COUNTYOF RIVERSIDE, STATE OF CALIFORNIA. THE BOUNDARIES OF WHICH COMMUNITY FACILITIESDISTRICT ARE SHOWN AND DESCRIBED ON THE MAPTHEREOF WHICH WAS PREVIOUSLY RECORDED ONMARCH 14, 2016 IN BOOK 79 OF MAPS OF ASSESSMENTAND COMMUNITY FACILITIES DISTRICT AT PAGES 45-46 ANDAS INSTRUMENT NO. 2016-00978338 IN THE OFFICE OF THECOUNTY RECORDER OF THE COUNTY OF RIVERSIDE,STATE OF CALIFORNIA. I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2015-1(SAFETY SERVICES), CITY OF LAKE ELSINORE, COUNTY OFRIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY THECITY COUNCIL OF THE CITY OF LAKE ELSINORE AT A REGULARMEETING THEREOF, HELD ON ______ DAY OF ______, 20____, BY RESOLUTION NO. _______________ ___________________________________CITY CLERK CITY OF LAKE ELSINORE FILED IN THE OFFICE OF THE CITY CLERK, CITY OF LAKEELSINORE THIS ______ DAY OF ______, 20___.___________________________________CITY CLERK CITY OF LAKE ELSINORE RECORDED THIS ____ DAY OF _______________, 20____ ATTHE HOUR OF ____ O'CLOCK __M IN BOOK _____PAGE _____ OF MAPS OF ASSESSMENT AND COMMUNITYFACILITIES DISTRICTS IN THE OFFICE OF THE COUNTYRECORDER, IN THE COUNTY OF RIVERSIDE, STATE OFCALIFORNIA. FEE: _____________ NO.: ______________________ PETER ALDANA, ASSESSOR, COUNTY CLERK, RECORDERBY: _______________________________ DEPUTY
- THIS ANNEXATION MAP CORRECTLY SHOWS THE LOT OR PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS CONCERNING THE LINES AND DIMENSIONS OF LOTS OR PARCEL REFER TO THE COUNTY ASSESSOR MAPS FOR FISCAL YEAR 2025-26.
XXX-XXX-XXX ASSESSOR PARCEL NUMBER
LEGEND
CITY BOUNDARYANNEXATION AREA BOUNDARYPARCEL LINE
r ________________________ ___CJL:.bi._�7'1 5\
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING
THE PROPOSEO BOUNDARIES OF THE POTENTIAL
ANNEXATION AREA OF COMMUNITY FA□LITIES
DISTRICT NO. 2015-1 (SAFETY SERVICE5), □TY OF LAKE
ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
WAS APPROVED BY THE □TY COUN□L OF THE □TY
OF LAKE ELSINORE, AT A REGULAR MEETING
THEREOF, HELD ON -1I!!2._ DAY OF 1!M.b, 20...!!L....,
BY ITS RESOLUTION NO. �
o�CM,.,
□TY CLERK ca. 9c,?1W:-:'. □TY OF LAKE ELSINORE
FILED IN THE omCE OF THE □TY CLERK, □TY OF LAKE
ELSINORE, THIS �DAY OF .D'.J=h., 20.!i!.
8u.wJ'fl.�
□TY CLERK
□TY OF LAKE ELSINORE
RECORDED THIS �DAY OF Harch , 20.lk
AT THE HOUR OF lJ:.fi,, O'CLOCK 11.M IN BOOK 21
PAGE '51. OF MAPS OF A5SESSMENT AND COMMUNITY
FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY
RECORDER, IN THE COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA.
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ALBERT A.
WEBB
ASSOCIATES
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THE BOUNDARIES OF THE COMMUNITY FACTLI11ES
DISTRICT. FOR OITAILS CONCERNING THE
UNES ANO DIMENSIONS OF LOTS OR
MAPS FOR FISCAL
PARCELS REFER ro THE COUNTY ASSESSORS YEAR 2016-2017.
BOUNDARIES-POTENTIALANNEXATIONAREA
COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SAFETY SERVICES)
CITY OF LAKE ELSINORE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
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w.o. 14-0295
Petition Form
PETITION TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
REQUESTING TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2015-1 WITHIN THE CITY OF LAKE ELSINORE AND
A WAIVER WITH RESPECTS TO CERTAIN PROCEDURAL MATTERS
UNDER THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND
CONSENTING TO THE LEVY OF SPECIAL TAXES THEREON TO PAY THE
COSTS OF SERVICES TO BE PROVIDED BY THE COMMUNITY FACILITIES
DISTRICT
1. The undersigned requests that the City Council of the City of Lake Elsinore (the “City"), initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”) (Government Code Section 53311 et seq.), for the annexation of territory to community facilities district no. 2015-1 (the “District”) of the property described below and consents to the annual levy of special taxes on such property to pay the costs of services to be provided by the community facilities district.
2. The undersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration and maintenance to provide police protection services, including but not limited to criminal justice services, and fire protection and suppression services in the area surrounding the subject project.
3. The undersigned hereby certifies that as of the date indicated opposite its signature, it is the owner of all the property within the proposed boundaries of the community facilities district described in Exhibit A hereto and as shown on the map Exhibit B hereto.
4. The undersigned requests that a special election be held under the Act to authorize the special taxes for the proposed community facilities district. The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and the undersigned request that the results of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on the annexation of territory to community facilities district no. 2015-1 or at the next available meeting.
5. Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not having such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code. The undersigned expressly waives the word limit requirement for the ballots pursuant to Sections 13247 and 9051 of the Elections Code.
6. The undersigned hereby acknowledges and agrees that the measure submitted in connection with the special election referred to herein, as set forth in the ballot provided to the undersigned, asked voters whether or not the District should be authorized to levy a special tax in order to finance services (the "Services"), as specified in the Resolution No. 2016-022, adopted by the City Council of the City on March 8, 2016 (the “Resolution of Formation”). The Resolution of Formation described the Services to be financed by the District. The Rate and Method of Apportionment of the Special Tax for the District (the “Rate and Method”)
EXHIBIT E
Petition Form
is included in the ballot materials provided to the undersigned for the election (the “Ballot”). The Rate and Method contains detailed provisions specifying (i) the type of the Special Tax and the amount or rate of the Special Tax to be levied on each parcel of property in the District, (ii) the duration of the Special Tax (the fiscal year after which the Special Tax will no longer be levied), and (iii) the use of the revenue derived from the Special Tax to pay for the Services. The undersigned, having received and reviewed the Rate and Method and the Ballot will be, at the time it votes on the measure submitted to voters in the Ballot, in possession the type and amount or rate of the Special Tax, the duration of the Special Tax and the use of the revenue derived from the Special Tax, is fully informed with respect thereto and has a thorough understanding thereof.
7. The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to annex territory to community facilities district no. 2015-1 of the portion of the incorporated area of the City of Lake Elsinore or the special election therein shall be invalidated or affected by any such irregularity, error mistake or departure.
IN WITNESS WHEREOF, I hereunto set my hand this day of , 20 .
[NAME OF LANDOWNER]
By:
Name:
Title:
OWNER'S PROPERTY:
TRACT MAP OR PARCEL MAP NO.
or PROJECT NO.
OWNER'S MAILING ADDRESS:
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE THIS DAY OF , 20 .
City Clerk of the City Council of the City of
Lake Elsinore
620 Newport Center Drive 12th Floor
Newport Beach, Ca 92660
14th April
26 Parcel Map No. 379-315-033
: RSI Development Lake Elsinore LLC
EXHIBIT F
NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2015-1 (SAFETY SERVICES) (ANNEXATION NO. 17)
NOTICE IS HEREBY GIVEN that the City Council of the City of Lake Elsinore on May 12, 2026 adopted its Resolution No. 2026-___, in which it declared its intention to annex territory to existing Community Facilities District No. 2015-1 (Safety Services) (the "CFD No. 2015-1"), and to levy a special tax to pay for certain safety services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter
2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2015-1 is proposed.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as practicable, Tuesday, June 23, 2026 in the City Council Chambers located at 183 N Main St., Lake Elsinore, California 92530, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2015-1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the June 23, 2026 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of Lake Elsinore (www.lake-elsinore.org), and outside of City Hall at 130 S. Main Street, Lake Elsinore, CA 92530. A copy of the Agenda will be made available upon request to the Lake Elsinore City Clerk's office at 951-674-3124 DATED: ____________, 20___ _________________________________________ City Clerk of the City of Lake Elsinore
EXHIBIT G
SPECIAL TAX ELECTION
CITY OF LAKE ELSINORE
ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SAFETY SERVICES) ANNEXATION NO. 17
(June 23, 2026)
This ballot is for the use of the authorized representative of the following owner of land within Annexation No. 17 of the Community Facilities District No. 2015-1 (Safety Services) (“CFD No. 2015-1”) of the City of Lake Elsinore:
Name of Landowner
Number of Acres
Owned Total Votes
RSI Development Lake Elsinore, LLC 4.95 5
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Lake Elsinore (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to be annexed to the CFD No. 2015-1, City of Lake Elsinore, County of Riverside, State of California. Please advise the City Clerk, at (951) 674- 3124 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than June 9, 2026, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on June 23, 2026, at the Clerk’s office at 130 N Main St. Lake Elsinore, CA 92530.
However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on June 23, 2026.
Very truly yours,
Candice Alvarez, MMC,
City Clerk
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
RSI Development Lake Elsinore, LLC
Attn: David R. Lowrie
620 Newport Center Drive, 12th Floor
Newport Beach, CA 92660
379-315-033
ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SAFETY SERVICES) ANNEXATION NO. 17
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT PROPOSITION A: Shall the territory described in Attachment “A” of Resolution No. 2026-__ of the City Council of the City of Lake Elsinore be annexed to Community Facilities District No. 2015-1 of the City of Lake Elsinore (Safety Services)?
MARK “YES” OR “NO”
WITH AN “X”:
YES _________
NO _________
PROPOSITION B: Shall a special tax with a rate and method of apportionment as provided in Attachment “B” to Resolution No. 2026- __ of the City Council of the City of Lake Elsinore be levied to pay for the Services and other purposes described in Resolution No. 2016- 035?
MARK “YES” OR “NO”
WITH AN “X”:
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.
David R. Lowrie
Company Officer
Signature
Print Name
Title
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Shannon Buckley, Assistant City Manager
Date: May 12, 2026
Subject: Annexation No. 32 Into Community Facilities District No. 2015-2 (Maintenance Services) for Assessor’s Parcel Number 379-315-033 (APN 379-315-033) (Riverside Drive Apartments)
Recommendation
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) OF THE CITY OF LAKE ELSINORE, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 32) AND AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN.
Background
On September 22, 2015, the City Council approved Resolution No. 2015-078 establishing Community Facilities District No. 2015-2 (Maintenance Services) of the City of Lake Elsinore (the "CFD No. 2015-2" or "District") for the purpose of levying special taxes on parcels of taxable property to provide certain services which are necessary to meet increased demands placed upon the City.
RSI Development Lake Elsinore, LLC, a Nevada Limited Liability Company (the “Owner”), owns
4.95 gross acres of vacant residential lot within the City. The Owner has requested that the City assist them in annexing territory into CFD No. 2015-2 (Maintenance Services) to cover the costs associated with the maintenance of public improvements. The improvements proposed to be maintained include items such as streetlights, streets, drainage, parks, and graffiti abatement.
Discussion
The landowner has advised the City that the area described in Exhibit “A” of the Resolution of Intention to be annexed into CFD No. 2015-2 and that a Rate and Method of Apportionment of the special taxes to be levied as described in Exhibit “C”.
The original area proposed within Annexation No. 32 will encompass a 96-unit multi-family residential apartment complex within 12 two-story buildings. The territory proposed to be annexed into CFD No. 2015-2 will be included in Tax Zone 37. The proposed total maximum tax rate for Annex No. 32 Into CFD No. 2015-2
Tax Zone 37 is $263 per unit per year for Special Tax A, and $215 per unit per year for Special Tax B. The maximum annual tax rates are proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. See attachment 3 for a maintenance exhibit illustrating which services are being maintained by the CFD.
The Owner has agreed to the annexation into the CFD and submitted a "Consent and Waiver" form on file in the City Clerk's Office, to initiate and conduct proceedings pursuant to the MelloRoos Act of 1982, requesting the annexation of property to CFD No. 2015-2 (Maintenance Services) and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election.
The next step to annex the property to CFD No. 2015-2 is to publish a notification of the proposed district along with the "Resolution of Intention" and Boundary Map of the proposed Annexation area. A public hearing on the matter will take place on June 23, 2026, and at that time the Council will formally consider approval of Annexation No. 32.
Fiscal Impact
On March 1 of each year, every taxable property for which a building permit has been issued will be subject to the special taxes in the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be on undeveloped property within the Tax Zone.
Once developed, the Special Tax A for Tax Zone 37 will generate $25,248 for maintenance services.
Attachments
Attachment 1 – Project Map
Attachment 2 – Resolution of Intention
Exhibits A - G
Attachment 3 – CFD Maintenance Responsibility Map
MADISON
CT
EISENHOWER
DR
RIVERSIDE
DR
LAKE
CREST
DR
·|}þ74
^_
·|}þ74 §¨¦15
LAKESHORE
DR MAIN ST
NICHOLS RD
FLINT ST
RIVERSIDE DR
MINTHORN ST
10TH ST
COLLIER AVE
COMMUNITY FACILITIES DISTRICT NO. 2015-2
ANNEXATION NO. 32
PROJECT MAP
RESOLUTION NO. 2026-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
OF THE CITY OF LAKE ELSINORE, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 32) AND AUTHORIZING THE LEVY OF A
SPECIAL TAXES THEREIN
Whereas, on September 22, 2015, the City Council (the “City Council”) of the City of Lake Elsinore (the “City”) approved Resolution No. 2015-078 establishing Community Facilities District No. 2015-2 (Maintenance Services) of the City of Lake Elsinore, County of Riverside, State of California, defined the "CFD No. 2015-2", for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City; and
Whereas, the City Council has received a written instrument from the landowner in the CFD No. 2015-2 to initiate and conduct proceedings pursuant to the Act, to annex territory to CFD No. 2015-2 and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and Whereas, the City Council has been advised that certain property owners have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD No. 2015-2, that a rate and method of apportionment of the special tax to be levied therein be established;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, ACTING EX OFFICIO AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT 2015-2 (MAINTENANCE SERVICES) OF THE CITY OF LAKE ELSINORE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Intent to Annex. The City Council hereby declares that it proposes and intends to conduct proceedings pursuant to Article 3.5 for the annexation to the Community Facilities District of the territory described in Exhibit A attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed to the Community Facilities District.
Section 2. Name of the Community Facilities District. The name of the existing community facilities district is known as “Community Facilities District No. 2015-2 (Maintenance Services)”.
Section 3. Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed are included within the boundaries within which property may annex to CFD No. 2015-2 and are more particularly described and shown on that certain map entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2015-2 (Maintenance Services) of the City of Lake Elsinore, County of Riverside, State of California,” as recorded on August 19, 2015 in Book 78 of Maps of Assessment and Community Facilities District,
The territory proposed to be annexed to the CFD No. 2015-2 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on CC Res. No. 2026-_____
the map thereof entitled "Annexation Map No. 32, Community Facilities District No. 2015-2 (Maintenance Services), City of Lake Elsinore, County of Riverside, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D.
Section 4. Description of Authorized Services. The services proposed to be financed by CFD No. 2015-2 (the “Services”) are described in Exhibit B attached hereto. The cost of providing the Services includes “incidental expenses,” which include costs associated of CFD No. 2015-2, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2015-2. The Services authorized to be financed by CFD No. 2015-2 are in addition to those currently provided in the territory of CFD No. 2015-2 and do not supplant services already available within that territory.
Section 5. Levy of Special Taxes. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including incidental expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2015-2, will be levied annually within CFD No. 2015-2. The Rate and Method of Apportionment, and manner of collection of the special tax are specified in Exhibit C.
Section 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to be annexed to the CFD No. 2015-2. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation map in his office and shall file a copy of the Annexation Map with the County Recorder of the County of Riverside no later than 15 days prior to the date of the hearing specified in Section 7 hereof.
Section 7. Public Hearing. The City Council hereby fixes 7:00 p.m., or as soon thereafter as practicable, on Tuesday, June 23, 2026, in the City Council Chambers located at 183 N Main St., Lake Elsinore, California 92530, as the time and place when and where the City Council will conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2015-
2. Section 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2015-2.
The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of the Act.
Section 9. Mailing Ballots. In anticipation of its action on Tuesday, June 23, 2026 to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2015-2 a ballot, the full text of which shall be as set forth in Exhibit G hereto, and shall be included in the ballot pamphlet mailed to each qualified elector. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference.
Section 10. Effective Date. This Resolution shall take effect immediately upon it’s adoption.
Section 11. This City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.
CC Res. No. 2026-_____
PASSED and ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 12th day of May 2026.
_____________________________
Robert 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, do hereby certify that Resolution No. 2026-___ was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of May 12, 2026, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Candice Alvarez, MMC, City Clerk
EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance Services) (the “CFD No. 2015- 2”) Annexation No. 32 is currently comprised of one (1) parcel, located within the city boundaries. The property is identified by the following Riverside County Assessor's Parcel Number (APN).
TAX ZONE 37
APN Owners Name
379-315-033 RSI Development Lake Elsinore, LLC,
a Nevada Limited Liability Company
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015‐2 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2015‐2, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right‐of‐ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways,streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right‐of‐way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2015‐2; as well as local roads within residential subdivisions located within CFD No. 2015‐2; and any portions adjacent to the properties within CFD No. 2015‐2; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.
The above services shall be limited to those provided within the boundaries of CFD No. 2015‐2 or for the benefit of the properties within the boundaries of CFD No. 2015‐2, asthe boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2015‐2 only to the extent that they are in addition to those provided in the territory of CFD No. 2015‐2 before CFD No. 2015‐2 was created.
EXHIBIT B
EXHIBIT C
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
OF THE CITY OF LAKE ELSINORE
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2015-2 (Maintenance Services) (the “CFD No. 2015-2” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2015, in an amount determined by the City Council of the City of Lake Elsinore, acting ex officio as the legislative body of CFD No. 2015-2, by applying the rate and method of apportionment set forth below.
All of the real property in CFD No. 2015-2, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2015-2 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2015-2, or any designee thereof associated with fulfilling the CFD No. 2015-2 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2015-2 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2015-2 for any other administrative purposes of CFD No. 2015-2, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of Lake Elsinore, or his or her designee. “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of Riverside.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.
City of Lake Elsinore 2
Community Facilities District No. 2015-2 (Maintenance Services) “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD” or “CFD No. 2015-2” means the City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance Services).
“City” has the meaning set forth in the preamble.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. “County” means the County of Riverside.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2015-2.
City of Lake Elsinore 3
Community Facilities District No. 2015-2 (Maintenance Services) “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2015-2.
“Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit.
“Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property. “Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2015-2 as set forth in the documents adopted by the City Council at the time the CFD was formed. “Single Family Residential Property” means any residential property other than Multi-Family Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2015-2 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.
City of Lake Elsinore 4
Community Facilities District No. 2015-2 (Maintenance Services) “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2015-2, which are not Exempt Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2015-2 at formation; additional Tax Zones may be created when property is annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2015-2 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non-Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi-Family Residential Property and the number of Residential Units shall be determined by the Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. For Parcels of undeveloped property zoned for development of single family attached or multi-family units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single family attached or multi-family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s City of Lake Elsinore 5
Community Facilities District No. 2015-2 (Maintenance Services) Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs.
1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015-2, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2015-2016 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 LLA-2014-2743 Non-Residential Property Acre $121
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2016 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015-2, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property Fiscal Year 2015-2016 within Tax Zone 1 is identified in Table 2 below:
City of Lake Elsinore 6
Community Facilities District No. 2015-2 (Maintenance Services) TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 LLA-2014-2743 Non-Residential Property Acre $121
On each July 1, commencing on July 1, 2016 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015-2, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2015-2016 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 LLA-2014-2743 Acre $121
On each July 1, commencing on July 1, 2016 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
(i) Maximum Special Tax B (Contingent)
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 1 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015-2, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2015- 2016 within Tax Zone 1 is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 LLA-2014-2743 Non-Residential Property Acre $0
City of Lake Elsinore 7
Community Facilities District No. 2015-2 (Maintenance Services) (ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2016 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015-2, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2015-2016 within the Tax Zone is identified in Table 5 below:
TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 LLA-2014-2743 Non-Residential Property Acre $0
On each July 1, commencing on July 1, 2016 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015-2, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2015-2016 within the Tax Zone is identified in Table 6 below:
City of Lake Elsinore 8
Community Facilities District No. 2015-2 (Maintenance Services) TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone
Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 LLA-2014-2743 Acre $0
On each July 1, commencing on July 1, 2016 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2015-2016 and for each following Fiscal Year, the Council shall determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax A Requirement for such Tax Zone;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with Fiscal Year 2015-2016 and for each following Fiscal Year, the Council shall determine the Contingent Special Tax B Requirement and shall levy the Special Tax on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax B (Contingent) equals the Contingent Special Tax B Requirement. The Special Tax B (Contingent) shall be levied for each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Contingent Special Tax B Requirement;
Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Approved Property;
City of Lake Elsinore 9
Community Facilities District No. 2015-2 (Maintenance Services) Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2015-2 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone when annexed and included in Appendix A.
F. TERM OF SPECIAL TAX
For each Fiscal Year, the Special Taxes shall be levied as long as the Services are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2015-2, any Assessor’s Parcel in any of the following categories; (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) Assessor’s Parcels which are privately owned but are encumbered by or restricted solely for public uses; or (iv) any Assessor’s Parcel which is in use in the performance of a public function as determined by the Administrator.
H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2015-2 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2015-2 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.
City of Lake Elsinore 10
Community Facilities District No. 2015-2 (Maintenance Services)
APPENDIX A
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services- The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2025-26. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2015-2.
TAX ZONE 37
APN 379-315-033
Special Tax B Contingent Services – The estimate in the table below breaks down the costs of providing one year’s contingent services for Fiscal Year 2025-26. If necessary, these services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2015-2 Tax Zone 37.
TAX ZONE 37 (CONTINGENT SERVICES)
APN 379-315-033
TAX ZONE 37
FY 2025-26 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Single-Family Residential Property RU $263 $215
Multi-Family Residential Property Acre $5,195 $4,238
Non-Residential Property Acre $5,195 $4,238
Item Description Estimated Cost
1 Lighting $727
2 Streets $428
3 Drainage $700
4 Parks $16,977
5 Graffiti $452
6 Reserves $2,907
7 Admin $3,057
Total $25,248
Item Description Estimated Cost
1 Drainage $14,540
2 Streets $1,295
3 Reserves $2,380
4 Admin $2,380
Total $20,596
City of Lake Elsinore 11
Community Facilities District No. 2015-2 (Maintenance Services) TAX ZONE 37
FY 2025-26 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $5,195 $4,238
City of Lake Elsinore 12
Community Facilities District No. 2015-2 (Maintenance Services)
TAX ZONE SUMMARY
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B Subdivider
Original 1 LLA-2014-2743 2015-16 $121 / Acre $0 / Acre Tractor Supply 1 2 36682 2016-17 $354 / RU $102 / RU Pardee Homes
2 3 PM 29996 2017-18 $951 / Acre $165 / Acre Pasadena Industrial Park, LLC 3 4 PM 36551 2017-18 $2,671 / Acre $201 / Acre ARI Chaney Street, LLC 4 5 TR 32996 2017-18 $378 / RU $321 / RU LE Cottage Lane, LLC 5 6 365-030-001 2018-19 $1,004/ Acre $0 / Acre Lake Elsinore CCR, LLC 6 7 TR 33267 2019-20 $350 / RU $56 / RU Pardee Homes
7 8 PM 37284 2019-20 $1,953 / Acre $0 / Acre Central Plaza 8 9 TR 37305 2019-20 $951 / RU $384 / RU Nichols Rd Partners, LLC 8 10 TR 37305; Lot 169 2019-20 $2,600 / Acre $0 / Acre Nichols Rd Partners, LLC 9 11 TR 32129 & 30698 2020-21 $541 / RU $69 / RU
Donald S. Clurman &
Three Strands Properties, LLC &
Spectrum Communities, LLC
10 12 TR 33370 2021-22 $294 / RU $30 / RU JLJ. LLC
11 13 PM 37534 2021-22 $1,113 / Acre $0 / Acre SRZ Yuma, LLC 12 14 Canceled
12 15 Canceled
13 16 LLA 2019-007 2021-22 $407 / Acre $0 / Acre Wal-Mart Real Estate Business Trust
14 17 TR 38008 2021-22 $366 / RU $123 / RU Tri Pointe Homes IE-SD, Inc. 15 18 TPM 37751 2021-22 $2,188 / Acre $2,540 / Acre Boos-Up Lake Elsinore 16 19 PM 37710 2021-22 $1,034 / Acre $0 / Acre Pennington Industrial, LLC 17 20 TR 37280 2022-23 $323 / RU $5 / RU Lake Elsinore Lakeshore, LLC and Erin Crowder
18 21 TR 38116 2022-23 $387 / RU $82 / RU Tri Pointe Homes IE-SD, Inc. 19 22 TR 38378 2023-24 $358 / RU $7 / RU Vista Emerald, LLC 20 23 TR 28214-9 2023-24 $647 / RU $19 / RU Pulte Home Co. 21 24 BLD-2023-0026B 2023-24 $739 / Acre $288 / Acre Lake Street Properties, LP 22 25 TPM 37710 2024-25 $5,569 / Acre $755 / Acre RA & B Development, LLC 23 26 Canceled
24 27 PM 38195 & PM
38281 2025-26 $1,594 / Acre $0 / Acre
Cambern and Central North, LLC,
& Evergreen-Cambern and
Central South Land, LLC
25 28 TTM 33725 2025-26 $821 / RU $221 / RU KB Home California 29 TTM 25475 2025-26 $604 / RU $157 / RU Management Services 26 30 377-100-003,
377-380-003 2025-26 $5,449 / Acre $2,227 / Acre Cambern Avenue Development Holding Company, LLC 27 31 377-200-045 2025-26 $2,178 / Acre $0 / Acre Parvis Oshideri 28 32 381-320-026 2025-26 $477 / RU $91 / RU Zairey, Inc., a California 33 381-320-020 2025-26 $4,974 / Acre $1,529 / Acre Corporation 29 34 TTM 34249 2025-26 $921 / RU $403 / RU Tri-Pointe Homes ID-SD, Inc. 30 35 TR 37703 2025-26 $1,776 / RU $0 / RU In-N-Out Burgers, a California Corporation
City of Lake Elsinore 13
Community Facilities District No. 2015-2 (Maintenance Services) Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B Subdivider
31 To Be Determined
32 37 379-315-033 2025-26 $263 / RU $215 / RU RSI Development Lake Elsinore, LLC
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2016 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
City of Lake Elsinore 14
Community Facilities District No. 2015-2 (Maintenance Services)
APPENDIX B
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2015-2, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2015-2; as well as local roads within residential subdivisions located within CFD No. 2015-2; and any portions adjacent to the properties within CFD No. 2015-2; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.
The above services shall be limited to those provided within the boundaries of CFD No. 2015-2 or for the benefit of the properties within the boundaries of CFD No. 2015-2, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2015-2 only to the extent that they are in addition to those provided in the territory of CFD No. 2015-2 before CFD No. 2015-2 was created.
City of Lake Elsinore 15
Community Facilities District No. 2015-2 (Maintenance Services)
APPENDIX C
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES
MADISON CT MONROE ST
RIVERSIDE DR EISENHOWER
DR 74}þ|·
379-315-033
ANNEXATION MAP NO. 32
COMMUNITY FACILITIES DISTRICT NO. 2015-2
(MAINTENANCE SERVICES)
CITY OF LAKE ELSINORE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
SHEET 1 OF 1 SHEET THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2015-2(MAINTENANCE SERVICES), OF THE CITY OF LAKE ELSINORE, COUNTYOF RIVERSIDE, STATE OF CALIFORNIA. THE BOUNDARIES OF WHICH COMMUNITY FACILITIESDISTRICT ARE SHOWN AND DESCRIBED ON THE MAPTHEREOF WHICH WAS PREVIOUSLY RECORDED ONAUGUST 13, 2015 IN BOOK 78 OF MAPS OF ASSESSMENTAND COMMUNITY FACILITIES DISTRICT AT PAGE 73 ANDAS INSTRUMENT NO. 2015-0361493 IN THE OFFICE OF THECOUNTY RECORDER OF THE COUNTY OF RIVERSIDE,STATE OF CALIFORNIA. I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICTNO. 2015-2 (MAINTENANCE SERVICES), CITY OF LAKE ELSINORE,COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, WAS APPROVEDBY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AT A REGULARMEETING THEREOF, HELD ON ______ DAY OF ______, 20____, BY RESOLUTION NO. _______________ ___________________________________CITY CLERK CITY OF LAKE ELSINORE FILED IN THE OFFICE OF THE CITY CLERK, CITY OF LAKEELSINORE THIS ______ DAY OF ______, 20___.___________________________________CITY CLERK CITY OF LAKE ELSINORE RECORDED THIS ____ DAY OF _______________, 20____ ATTHE HOUR OF ____ O'CLOCK __M IN BOOK _____PAGE _____ OF MAPS OF ASSESSMENT AND COMMUNITYFACILITIES DISTRICTS IN THE OFFICE OF THE COUNTYRECORDER, IN THE COUNTY OF RIVERSIDE, STATE OFCALIFORNIA. FEE: _____________ NO.: ______________________ PETER ALDANA, ASSESSOR, COUNTY CLERK, RECORDERBY: _______________________________ DEPUTY - THIS ANNEXATION MAP CORRECTLY SHOWS THE LOT OR PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS CONCERNING THE LINES AND DIMENSIONS OF LOTS OR PARCEL REFER TO THE COUNTY ASSESSOR MAPS FOR FISCAL YEAR 2025-26. ^_
CFD 2015-2
TAX ZONE 37
74}|·þ
74}|·þ
15 §¨¦
215 §¨¦
LAKE ELSINORE
XXX-XXX-XXX ASSESSOR PARCEL NUMBER 37 TAX ZONE
LEGEND
PARCEL LINEANNEXATION AREA BOUNDARYCITY BOUNDARY
37 PETITION TO THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE REQUESTING ANNEXING TERRITORY INTO COMMUNITY
FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) OF PROPERTY
WITHIN THE CITY OF LAKE ELSINORE AND A WAIVER WITH
RESPECTS TO CERTAIN PROCEDURAL MATTERS UNDER THE
MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND
CONSENTING TO THE LEVY OF SPECIAL TAXES THEREON TO PAY
THE COSTS OF SERVICES TO BE PROVIDED BY THE COMMUNITY
FACILITIES DISTRICT
1. The undersigned requests that the City Council of the City of Lake Elsinore (the “City”), initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”) (Government Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2015-2 (Maintenance Services) (the “District”) of the property described below and consents to the annual levy of special taxes on such property to pay the costs of services to be provided by the Community Facilities District.
2. The undersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration and maintenance required to keep the landscape lighting, street lighting, flood control facilities, ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy, vigorous and satisfactory working condition.
3. The undersigned hereby certifies that as of the date indicated opposite its signature, it is the owner of all the property within the proposed boundaries of the Community Facilities District described in Exhibit A hereto and as shown on the map Exhibit B hereto.
4. The undersigned requests that a special election be held under the Act to authorize the special taxes for the proposed annexation into Community Facilities District No. 2015-2 The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and the undersigned request that the results of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on annexing territory into Community Facilities District No. 2015-2 or at the next available meeting.
5. Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not having such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code. The undersigned expressly waives the word limit requirement for the ballots pursuant to Sections 13247 and 9051 of the Elections Code.
6. The undersigned hereby acknowledges and agrees that the measure submitted in connection with the special election referred to herein, as set forth in the ballot provided to the undersigned, asked voters whether or not the District should be authorized to levy a special tax in order to finance services (the
EXHIBIT E
"Services"), as specified in the Resolution No. 2015-078, adopted by the City Council of the City on September 22, 2015 (the “Resolution of Formation”). The Resolution of Formation described the Services to be financed by the District. The Rate and Method of Apportionment of the Special Tax for the District (the “Rate and Method”) is included in the ballot materials provided to the undersigned for the election (the “Ballot”). The Rate and Method contains detailed provisions specifying (i) the type of the Special Tax and the amount or rate of the Special Tax to be levied on each parcel of property in the District, (ii) the duration of the Special Tax (the fiscal year after which the Special Tax will no longer be levied), and (iii) the use of the revenue derived from the Special Tax to pay for the Services. The undersigned, having received and reviewed the Rate and Method and the Ballot will be, at the time it votes on the measure submitted to voters in the Ballot, in possession the type and amount or rate of the Special Tax, the duration of the Special Tax and the use of the revenue derived from the Special Tax, is fully informed with respect thereto and has a thorough understanding thereof.
7. The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to annexing territory into Community Facilities District No. 2015-2 of the portion of the incorporated area of the City of Lake Elsinore or the special election therein shall be invalidated or affected by any such irregularity, error, mistake or departure.
IN WITNESS WHEREOF, I hereunto set my hand this day of , 20 . [NAME OF LANDOWNER]
By:
Name:
Title:
OWNER'S PROPERTY:
TRACT MAP OR PARCEL MAP NO.
or PROJECT NO.
OWNER'S MAILING ADDRESS:
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE THIS DAY OF , 20 .
City Clerk of the City Council of the
City of Lake Elsinore
14th April 26
Parcel Map No. 379-315-033
620 Newport Center Drive 12th Floor
Newport Beach, CA 92660
: RSI Development Lake Elsinore LLC
EXHIBIT A
Legal Description
CLTA Preliminary Report Form (02/03/2023) Printed: 12.09.25 @ 07:54 PM
For APN/Parcel ID(s): 379-315-033
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
LOT 154 OF TRACT NO. 13799, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 111, PAGES 59 THROUGH 63 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY.
APN: 379-315-033
Exhibit Page for Plat Image Printed: 12
.09.25 @ 07:55 PM by
SCA0002944.doc / Updated: 03.06.23 Page 1 CA-FNT-FBDO-01500.110051-FBDO-2511447
EXHIBIT F
NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2015-2 (MAINTENANCE SERVICES) (ANNEXATION NO. 32)
NOTICE IS HEREBY GIVEN that the City Council of the City of Lake Elsinore on May 12, 2026 adopted its Resolution No. 2026-___, in which it declared its intention to annex territory to existing Community Facilities District No. 2015-2 (Maintenance Services) (the "CFD No. 2015-2"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2015-2 is proposed.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as practicable, Tuesday, June 23, 2026 in the City Council Chambers located at 183 N Main St., Lake Elsinore, California 92530, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2015-2. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the June 23, 2026 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of Lake Elsinore (www.lake-elsinore.org), and outside of City Hall at 130 S. Main Street, Lake Elsinore, CA 92530. A copy of the Agenda will be made available upon request to the Lake Elsinore City Clerk's office at 951-848-4115.
DATED: ____________, 20___ _________________________________________ City Clerk of the City of Lake Elsinore
EXHIBIT G
SPECIAL TAX ELECTION
CITY OF LAKE ELSINORE
ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) ANNEXATION NO. 32
(June 23, 2026)
This ballot is for the use of the authorized representative of the following owner of land within Annexation No. 33 of the Community Facilities District No. 2015-2 (Maintenance Services) (“CFD No. 2015-2”) of the City of Lake Elsinore:
Name of Landowner
Number of Acres
Owned Total Votes
RSI Development Lake Elsinore, LLC 4.95 5
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Lake Elsinore (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to be annexed to the CFD No. 2015-2, City of Lake Elsinore, County of Riverside, State of California. Please advise the City Clerk, at (951) 848-4115 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than June 9, 2026, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on June 23, 2026, at the Clerk’s office at 130 N Main St. Lake Elsinore, CA 92530.
However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on June 23, 2026.
Very truly yours,
Candice Alvarez, MMC,
City Clerk
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
RSI Development Lake Elsinore, LLC
Attn: David R. Lowrie
620 Newport Center Drive, 12th Floor
Newport Beach, CA 92660
379-315-033
ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) ANNEXATION NO. 32
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR
“NO” WITH AN “X”:
Shall the City Council of the City of Lake Elsinore be authorized to levy a special tax on an annual basis at the rates set forth in the following table:
Land Use Category Maximum Special Tax A Maximum Special Tax B (Contingent)
Multi-Family Residential $263 $215
plus an annual increase on each July 1, commencing on July 1, 2026 the Maximum Special Tax A and Maximum Special Tax B (Contingent) for Developed Property, Approved Property and Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year or ii) by two percent (2.0%), whichever is greater, to finance certain services within the territory identified on the map entitled “Annexation Map No. 32 of Community Facilities District No. 2015-2 (Maintenance Services) City of Lake Elsinore” including lighting, street maintenance, drainage, parks, and graffiti abatement for Special Tax A, and streets and drainage for Special Tax B (Contingent) as provided in the Rate and Method of Apportionment which is attached as Exhibit C to Resolution No. 2026-__ adopted by the City Council of the City of Lake Elsinore on May 12, 2026 (including incidental expenses) and shall an appropriation limit be established for Community Facilities District No. 2015-2 (Maintenance Services) in the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.
David R. Lowrie
Company Officer
Signature
Print Name
Title
PL PL
PL
PL RIVERSIDE DRIVE EXISTING RESIDENTIAL AREA
EXISTING
RESIDENTIAL AREA
EXISTING DRAINAGE
CHANNEL
BUILDING 11 BUILDING 12
BUILDING 9
BUILDING 2
BUILDING 10
BUILDING 8
BUILDING 7
BUILDING 6
BUILDING 5 BUILDING 4
BUILDING 1
BUILDING 3 RIGHT OF WAY CLUBHOUSE RIGHT OF WAY
EXISTING DRAINAGE
CHANNEL
EXISTING
RESIDENTIAL AREA NO PARKING VAN ACCESSIBLE EVCS EVCS NO PARKING NO PARKING ACCESSIBLE VAN ACCESSIBLE VAN NO PARKING
ACCESSIBLE VAN
NO
PARKING
3 C.Y. TRASH BIN 3 C.Y. TRASH BIN 3 C.Y. TRASH BIN
3 C.Y. TRASH BIN 3 C.Y. TRASH BIN 3 C.Y. TRASH BIN
3 C.Y. TRASH BIN 3 C.Y. TRASH BIN 3 C.Y. TRASH BIN
3 C.Y. TRASH BIN 3 C.Y. TRASH BIN 3 C.Y. TRASH BIN
CATV TEL TEL CATV TEL CATV TEL CATV
CATV TEL
CATV TEL TEL CATV
CATV TEL TEL CATV TEL CATV
TEL CATV TEL CATV
PL PL
PL
PL RIVERSIDE DRIVE EXISTING RESIDENTIAL AREA
EXISTING
RESIDENTIAL AREA
EXISTING DRAINAGE
CHANNEL
BUILDING 11 BUILDING 12
BUILDING 9
BUILDING 2
BUILDING 10
BUILDING 8
BUILDING 7
BUILDING 6
BUILDING 5 BUILDING 4
BUILDING 1
BUILDING 3 RIGHT OF WAY CLUBHOUSE RIGHT OF WAY
EXISTING DRAINAGE
CHANNEL
EXISTING
RESIDENTIAL AREA R.O.W. R.O.W.
6' 38'
CL
RIVERSIDE DRIVE APARTMENTS Maintenance Responsibility Exhibit 32281 Riverside Drive, Lake Elsinore, CA | March 11, 2026 c · s c a p e
LANDSCAPE ARCHITECTURE · CAD DRAFTING · 3D
VISUALIZATION
WWW.C-SCAPE-CREATIVE.COM · CORONA, CA
宦 宵 宨 室 宷 宬 容 宨
NORTH 0 30 60 90 120 c · s c a p e
SCALE: 1" = 30' - 0"
RIGHT OF WAY
HOA
CFD
CFD CITY MAINTAINED AREAS:
LANDSCAPE AREAS 4,663 S.F.
6" WIDE CONCRETE MOW CURB 22 L.F.
POTABLE WATER IRRIGATION METER 1 LOCATION
RIVERSIDE DRIVE DRIVEWAY SURFACE 16,920 S.F.
RIVERSIDE DRIVE SIDEWALK 2,140 S.F.
H.O.A. MAINTAINED AREAS:
LANDSCAPE AREAS 40,550 S.F.
6" WIDE CONCRETE MOW CURB 43 L.F.
POTABLE WATER IRRIGATION METER 1 LOCATION
H.O.A. STORM DRAIN SYSTEM - MAIN STORM DRAIN PIPES,
CATCH BASINS, UNDERGROUND CMPS, AND THE MODULAR
WETLAND SYSTEM
MAINTENANCE LEGEND
SYMBOL DESCRIPTION QUANTITY
8'HT. CMU BLOCK
WALL & PILASTER
6'HT. CMU BLOCK PROPERTY WALL
6'HT. CMU BLOCK
PROPERTY WALL
6'HT. CMU BLOCK
PROPERTY WALL
8'HT. CMU BLOCK
WALL & PILASTER
CFD
HOA
RETAINING WALL
VICINITY MAP
N.T.S.
KEYMAP
PROJECT SITE
LINCOLN ST.
TO ORANGE CO.
LAKE ELSINORE
GRAND AVE.
MACHADO ST.
LAKESIDE
HIGH SCHOOL
LAKESHORE DR. RIVERSIDE DR. COLLIER AVE.
TO PERRIS
TO TEMECULA
TO CORONA
GRAND AVE.
CENTER LINE
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Shannon Buckley, Assistant City Manager
Date: May 12, 2026
Subject: Agreement with Edmondson Construction Co. for the Lower Site Development Hardtop Surfaces for the Library Project (CIP Project No.
Z20003)
Recommendation
Approve and authorize the City Manager to execute an Agreement for Public Works Construction with Edmondson Construction Co. In an amount not to exceed $106,049.65 for the for the Lower Site Development Hardtop Surfaces for the Library Project (CIP Project No. Z20003) in such final form as approved by the City Attorney, authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $10,604.96 for construction uncertainties and adjustments, and authorize the City Clerk to record the Notice of Completion once the work is complete.
Background
The City has secured construction funding and has designed a new City Library ready for construction at the corner of Sumner Avenue and Main Street. The building is currently under construction. The lower site development is ready for concrete curbs, approaches, asphalt, and stripping. Staff have made all the required coordination with the effected utility companies, gas, electric, and data lines that were rerouted to accommodate construction. The water quality control basin has been constructed as well as the installation of underground power and low voltage conduits for lighting and cameras.
Discussion
The civil engineering documents have detailed lower site development for construction. On Wednesday, March 23, 2026, a site visit was completed with four qualified contractors to discuss the civil engineering plans and associated scope of work in preparation of submitting a proposal.
Agreement with Edmondson Construction Co
In this construction agreement, the key elements will include the following items:
Install site improvement hardtop surfaces
3" AC / 6" CL II Base 18,555 SF
4" AC / 12" CL II Base (Slot Patch) 96 SF
Signage & Striping for AC Lot 1 LS
Wheel Stops 10 EA
Staff received bids from three of the four contractors that participated in the site visits and are qualified to perform the entire scope of work. The bids are listed below.
Company Amount
Edmonson Construction Co. $106,049.65
Endresen Development Inc. $121,750.00
Cotter Construction $122,500.00
SAS Construction Did Not Propose
Edmonson Construction Co. is the low bidder. At the completion of this scope of work, the site will be ready for the street light poles and security cameras and the power supply to each light fixture.
Fiscal Impact
Funding costs are included in the Fiscal Year 26/27 – 30/31 Capital Improvement Plan (CIP) budget, CIP Project #Z20003.
Attachments
Attachment 1 – Agreement
Exhibit A – Proposal
1 Agreement No. __________
AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
Edmondson Construction Co.
For the
Library Lower Site
Development Hardtop
Surfaces Project
CIP PROJECT NO. Z20003
This Agreement for Public Works Construction (“Agreement”) is made and entered into as of May 12, 2026, by and between the City of Lake Elsinore, a municipal corporation (“City”) and Edmondson Construction Co. (“Contractor”).
The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows:
1. The Project and Project Documents. Contractor agrees to construct the following public improvements (“work”) identified as:
Library Lower Site Development Hardtop Surfaces Project (the “Project”) The City-approved plans for the construction of the Project, which are incorporated herein by reference and prepared by Engineering Resources of Southern California, are identified as:
Civil Plans
The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids, Instructions to Bidders, Bid Documents including Bidder’s Proposal as submitted by the Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and appendices; (2) everything referenced in such documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above-listed documents are made a part of this Agreement as though fully set forth herein.
2. Compensation.
a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder’s Proposal, such contract price being $106,049.65. 2 b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents.
c. Contractor agrees to receive and accept the prices set forth in the Bidder’s Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
3. Completion of Work.
a. Contractor shall perform and complete all work within twenty-five (25) working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project.
c. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of $500.00 per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. 3 4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damage claim against the Contractor.
Any change to the work shall be by way of a written instrument (“change order”) signed by the City and the Contractor, stating their agreement to the following:
a. The scope of the change in the work;
b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance.
The City Engineer is authorized to sign any change order provided that sufficient contingency funds are available in the City’s approved budget for the Project. All change in the work authorized by the change order shall be performed under the applicable conditions of the Project Documents. City and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes.
5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond, each for one-hundred percent (100%) of the contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney.
6. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City.
7. Licenses. Contractor represents and warrants to City that it holds the contractor’s license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license.
8. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, the County and Board Supervisors, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to
4 property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.
Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
9. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. Commercial General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
5 iv. Builder’s Risk Coverage. Prior to the commencement of any construction of the Project, Design-Builder shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder’s risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood). v. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants.
The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general commercial liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of 6 performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
10. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Edmondson Construction Co
Attn: Chance Edmondson
18135 Grand Ave
Lake Elsinore CA 92530
11. Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
12. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.
13. Assignment and Subcontracting. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties for obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
14. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
15. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
16. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 7 17. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.
18. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
19. Authority to Enter Agreement and Administration. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. The City Engineer shall act as the Project administrator on behalf of the City.
20. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
21. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
22. Prevailing Wages.
a. Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. 8 b. Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be enforced.
c. Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d. Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions.
Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. e. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810.
23. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page]
9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Edmondson Construction Co
City Manager
ATTEST:
By: Chance Edmondson
Its: Owner
City Clerk
APPROVED AS TO FORM:
By: Click or tap here to enter text.
Its: Click or tap here to enter text.
City Attorney
Assistant City Manager
EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
Proposal To: License Number: 958561
hereinafter referred to as "OWNER";
Install AC Paving on Auxiliary Parking Lot
4" AC / 12" CL II Base (Slot Patch)
Signage & Striping for AC Lot
Wheel Stops
Notes:
All Work Completed in 1 Move-In.
Prevailing Wage Rates, Acknowledged.
No Export of other trades spoils included.
No removal, relocation & or adjustment of any utilities. No removal of any hazardous materials.
No removal of any buried objects. All area's must be accessible with heavy equipment.
Plans by ERSC dated 8-26-24. Soils by Inland Foundation dated 7-9-24.
ACCEPTED:
Company:
By: Date: By:
Title: Title:
SF
City of Lake Elsinore
130 S Main St
QUANTITY
and materials to construct and complete in a good and workmanlike manner upon the following described real property, only the items indicated below:
Paving Total
18,555
March 26, 2026
TRACT NUMBER: Auxiliary Parking Lot
ITEM DESCRIPTION
Job # 6115E
PROJECT LOCATION:
UNIT PRICE
LS
SF
Contractors State License Board, 1020 North St., Sacramento, CA 95814 Chance Edmondson
30 days from completion of above work.
Contractors are required by law to be licensed by the Contractors' State License Board. Any questions EDMONDSON CONSTRUCTION CO.
18135 Grand Ave - Lake Elsinore, California 92530 - (951) 678-0800 - Fax (951) 678-0884 P.O. BOX 101 - LAKE ELSINORE, CALIFORNIA 92531
President
billings are due on the 10th of the month following. All retention's are due and payable payments upon receipt of invoice(s) covering work completed to date of invoice. Progressive The above prices are firm until: May 1, 2026 Total:
concerning the responsibilities of a contractor may be referred to the Registrar of the Board whose address is:
calendar days be required to complete the above items, owner will make progressive Terms: Net cash, due and payable upon completion. Should more that 30 consecutive $106,049.65
96 Owner to supply water meter (On-Site), soils testing, survey, SWPPP, permits & traffic control. 10 EA
ITEM TOTAL
Attn: Gus Papagolos
3" AC / 6" CL II Base
$106,049.65
1 www.wemovedirt.com
124 W Sumner Ave Lake Elsinore, CA
EDMONDSON CONSTRUCTION CO. proposes to furnish all supervision, labor, equipment Lake Elsinore, CA 92530
REPORT TO SUCCESSOR AGENCY
To: Honorable Chair and Members of the Successor Agency From: Jason Simpson, Executive Director
Prepared by: Candice Alvarez, MMC, City Clerk
Date: May 12, 2026
Subject: Minutes of the Regular Successor Agency Meeting of April 28, 2026 Recommendation
Approve the Minutes.
Attachments
Attachment 1 – Draft Minutes
City of Lake Elsinore Meeting Date:
City Council Meeting April 28, 2026
Minutes - Draft
Meeting Time:
Closed Session: NONE
Mayor Magee Open Session: 7:00 P.M.
Mayor Pro Tem Sheridan
Council Member Tisdale Cultural Center
Council Member Manos 183 N. Main Street
Council Member Carroll Lake Elsinore, CA 92530
1. CALL TO ORDER - 7:00 P.M.
The Regular Meetings of the City Council and the Successor Agency were called to order at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Magee led the Pledge of Allegiance.
3. ROLL CALL
Present: 5 - Council/Agency Members Tisdale, Manos, and Carroll; Mayor Pro Tem/Vice Chair Sheridan; and Mayor/Chair Magee
Absent: 0 - None
4. PRESENTATIONS/CEREMONIALS
4.1 Business in Action Monthly Spotlight for April 2026- El Ranchito Taco Shop Recognize El Ranchito Taco Shop as the City of Lake Elsinore’s Business in Action Monthly Spotlight for April 2026.
Mayor Magee presented the Certificate to Raymond Moon, Jr.
4.2 Presentation of 2025 CPRS Hall of Fa.m.e Award to Jonathan O. Skinner Presentation of an award to Johnathan O. Skinner, Director of Recreation, for his induction into the California Park and Recreation Society’s Hall of Fa.m.e.
Doug Grove, former CPRS President and current CPRS Board of Trustees Member, presented the Award, and Mayor Magee presented a Certificate of Recognition to Johnathan Skinner.
City Council Minutes - Draft April 28, 2026
City of Lake Elsinore Page 2
4.3 Riverside Sheriff's Office 2026 First Quarter Statistical Update Lieutenant Clark presented the update.
5. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
There were no speakers.
12. CITY COUNCIL CONSENT CALENDAR
Moved by Council Member Tisdale, Seconded by Council Member Carroll to approve the City Council Consent Calendar. The motion carried by the following vote:
Yes (5): Council Members Tisdale, Manos, and Carroll; Mayor Pro Tem Sheridan; and Mayor Magee
Absent (0): None
Carried (5 to 0)
6.1 Minutes of the Regular City Council Meeting of April 14, 2026 Approve the Minutes.
This item was approved on the City Council Consent Calendar.
6.2 CC Warrant Report Dated March 23, 2026 to March 29, 2026 Receive and file.
This item was approved on the City Council Consent Calendar.
6.3 CC Warrant Report Dated March 30, 2026 to April 05, 2026 Receive and file.
This item was approved on the City Council Consent Calendar.
6.4 CC Investment Report for March 2026
Receive and file the Investment Report for March 2026.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft April 28, 2026
City of Lake Elsinore Page 3
6.5 Second Reading of an Ordinance Authorizing the Levy of Special Taxes for Annexation Proceedings for Annexation No. 29 into Community Facilities District No. 2015-2 (Maintenance Services) for Tentative Tract Map (TTM) 34249 (Canyon Hills Heights)
Adopt by title only and waive further reading of AN ORDINANCE A.M.ENDING ORDINANCE NO. 2016-1359 OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-2 OF THE CITY OF
LAKE ELSINORE (MAINTENANCE SERVICES) AUTHORIZING THE LEVY OF SPECIAL TAXES.
This item was approved on the City Council Consent Calendar.
6.6 Second Reading of an Ordinance Authorizing the Levy of Special Taxes for Community Facilities District No. 2025-1 (Canyon Hills Heights) Adopt by title only and waive further reading of AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2025-1 OF
THE CITY OF LAKE ELSINORE (CANYON HILLS HEIGHTS) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN SUCH DISTRICT.
This item was approved on the City Council Consent Calendar.
6.7 Annexation No. 30 Into Community Facilities District No. 2015-2 (Maintenance Services) for Tract Map 37703 (In-N-Out)
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX
TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) OF THE CITY OF LAKE ELSINORE, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 30) AND
AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN.
This item was approved on the City Council Consent Calendar.
6.8 Agreement and Escrow Instructions for Purchase and Sale of Real Property Vacant Parcel Spring Street, Lake Elsinore (APN 374-072-013) Approve the purchase of real property located at Vacant Parcel Spring Street, Lake Elsinore (APNs 374-072-013) for $145,000 ratify the City Manager’s execution of the Agreement and Escrow Instructions for Purchase and Sale of Real Property (“Agreement”) and further authorize the City Manager or designee to execute such other ancillary documents as may be necessary to complete the purchase, in such final form as approved by the City Attorney.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft April 28, 2026
City of Lake Elsinore Page 4
6.9 Exclusive Negotiation Agreement with C & C Develop.m.ent Co., LLC Approve and authorize the City Manager to execute an Exclusive Negotiation Agreement (ENA) with C & C Develop.m.ent Co., LLC in such final form as approved by the City Attorney.
This item was approved on the City Council Consent Calendar.
6.10 Change Order No. 1 to the Public Work’s Construction Agreement with Clearwater Pipeline, Inc. for the Water and Sewer Connection for the New City Hall Project
Approve and authorize the City Manager to execute Change Order No.1 to the Public Work’s Construction Agreement with Clearwater Pipeline, Inc. for an a.m.ount not to exceed $143,281.95 for the expanded scope of work for the water and sewer connection in the New City Hall Project (CIP Project No. Z20006).
This item was approved on the City Council Consent Calendar.
6.11 Request to Modify Condition of Approval No. 76(c) Related to Ultimate Improvements for Riverside Drive (SR-74) for the Riverside & Lincoln Commercial Project (PA 2020-92)
Approve the applicant's request to modify Condition of Approval No. 76(c) as stated below:
The Developer shall construct a right turn pocket for the project driveway on Riverside Drive in compliance with the Highway Design Manual. An Encroachment Permit from Caltrans will be required prior to any work done in the State right-ofway along Riverside Drive (State Route 74).
1. Developer shall comply with Caltrans stormwater quality and hydrology requirements.
2. Developer shall underground the overhead power poles along Riverside Drive.
3. Sidewalks impacted by the right turn pocket shall be constructed consistent with the City’s General Plan roadway cross section.
This item was approved on the City Council Consent Calendar.
6.12 Professional Services Agreement with Buckna.m. Infrastructure Group, Inc. for the 2026 Pavement Management Progra.m.
Approve and authorize the City Manager to execute a Professional Services Agreement with Buckna.m. Infrastructure Group, Inc. in an a.m.ount not to exceed $69,400 for the 2026 Pavement Management Progra.m. in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $6,940 for uncertainties and adjustments.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft April 28, 2026
City of Lake Elsinore Page 5
6.13 Agreement with the City of Canyon Lake to Provide Support for Emergency Traffic Control and Road Closures
Approve and authorize the City Manager to execute an Agreement with the City of Canyon Lake for municipal services, including emergency traffic control, road closures, detours, and related restrictions in an hourly rate and in such final form as approved by the City Attorney.
This item was approved on the City Council Consent Calendar.
6.14 Approval of Tract Map No. 33725 for Tuscany Crest
Approve Final Tract Map No. 33725, subject to City Engineer’s acceptance as being true and correct, authorize the City Clerk to sign the map and arrange for recordation, and approve and authorize the City Manager to execute the Construction of Improvement Agreements for Street Improvements and Monumentation for the Tuscany Crest project.
This item was approved on the City Council Consent Calendar.
6.15 July 4th Fireworks Celebration on the Lake
Approve and authorize the City Manager to execute a Special Production Agreement with Pyro Spectacular for the July 4th fireworks show in an a.m.ount not to exceed $55,000 for the Annual Fireworks Show on Lake Elsinore in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $5,500 for uncertainties and adjustments, and the recommended traffic detour map as approved by the City Engineer.
This item was approved on the City Council Consent Calendar.
7. SUCCESSOR AGENCY CONSENT CALENDAR
Moved by Council Member Manos, Seconded by Council Member Carroll to approve the Successor Agency Consent Calendar. The motion carried by the following vote:
Yes (5): Agency Members Tisdale, Manos, and Carroll; Vice Chair Sheridan; and Chair Magee
Absent (0): None
Carried (5 to 0)
7.1 Minutes of the Regular Successor Agency Meeting of April 14, 2026 Approve the Minutes.
This item was approved on the Successor Agency Consent Calendar.
City Council Minutes - Draft April 28, 2026
City of Lake Elsinore Page 6
7.2 SA Warrant Report Dated March 23, 2026 to Mar 29, 2026 Receive and file.
This item was approved on the Successor Agency Consent Calendar.
7.3 SA Warrant Report Dated March 30, 2026 to April 05, 2026 Receive and file.
This item was approved on the Successor Agency Consent Calendar.
7.4 SA Investment Report for March 2026
Receive and file the Investment Report for March 2026.
This item was approved on the Successor Agency Consent Calendar.
8. PUBLIC HEARINGS
9. BUSINESS ITEMS
9.1 Ordinance Regulating Electric Bicycles and Other Electric Transportation Devices
Introduce by title only and waive further reading of AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING TITLE 10, CHAPTER 10.54 OF THE LAKE ELSINORE MUNICIPAL CODE TO REGULATE
AND PROVIDE FOR EFFECTIVE ENFORCEMENT REGARDING ELECTRIC BICYCLES AND OTHER ELECTRIC TRANSPORTATION DEVICES.
Captain Boydd presented the staff report.
Scott Merrill was called to speak.
Moved by Mayor Magee, Seconded by Mayor Pro Tem Sheridan to continue the item to the next Council meeting on May 12, 2026. The motion carried by the following vote:
Yes (5): Council Members Tisdale, Manos, and Carroll; Mayor Pro Tem Sheridan; and Mayor Magee
Absent (0): None
Carried (5 to 0)
10. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES
Greg Langworthy was called to speak.
City Council Minutes - Draft April 28, 2026
City of Lake Elsinore Page 7
11. CITY MANAGER COMMENTS
City Manager Simpson had no comments.
12. CITY ATTORNEY COMMENTS
City Attorney Leibold had no comments.
13. CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED
Council Member Carroll spoke on the 8U Lake Elsinore Girls Softball Championship and the Elsinore Women's Club Dine Out Night at The Bobber fundraiser.
Council Member Tisdale reminded residents to contact Mosquito Vector Control to report mosquito issues and to use Alert LE to report issues throughout the city; and invited residents to the free Firefighter BBQ at Launch Pointe on May 2, 2026, from 11:00 a.m. to 3:00 p.m.
Council Member Manos spoke on election process issues.
Mayor Pro Tem Sheridan addressed Mr. Langworthy regarding his comments; reported on his attendance at Riverside Transit Agency meetings on March 26 and April 16, 2026; and shared that the Cops for Kids Golf Classic event will be held on Friday, May 1, 2026 from 12:00 p.m. to 5:30 p.m. at the Glen Ivy Golf Club.
Mayor Magee thanked staff for doing a fine job at the History Day event; invited the community to the free San Diego Chapter of the Sports Club of America autocross races on Saturday, May 2nd and Sunday, May 3, 2026 in parking lot C of the Diamond Stadium, the Twenty26 Pet Walk on Saturday, May 9, 2026 from 8:30 a.m. to 10:30 a.m. at the Lake Elsinore Levee, the 13th Annual Lake Elsinore Dream Extreme Fishing Derby on Saturday, May 16, 2026 from 5:00 a.m. to 2:00 p.m. at Launch Pointe, and the 2nd Annual Carp Quest on Sunday, May 17, 2026 from 6:00 a.m. to 2:30 p.m. at Launch Pointe; reported on the Riverside County Transportation Commission agreement with Caltrans for the I-15 express lanes, and on his attendance at the Riverside County Transportation Commission Budget and Implementation Committee meeting on April 27, 2026.
14. ADJOURNMENT
The Lake Elsinore City Council adjourned at 8:29 p.m. to the next Regular meeting of Tuesday, May 12, 2026 in the Cultural Center located at 183 N. Main Street. Closed Session will commence at 5:00 p.m. or such later time as noticed on the Agenda, and the regular Open Session business meeting will commence at 7:00 p.m.
Candice Alvarez, MMC
City Clerk
REPORT TO SUCCESSOR AGENCY
To: Honorable Chair and Members of the Successor Agency From: Jason Simpson, Executive Director
Prepared by: Shannon Buckley, Assistant Executive Director Date: May 12, 2026
Subject: SA Warrant Report Dated April 6, 2026 to April 12, 2026 Recommendation
Receive and file.
Discussion
The Warrant Report lists all general checks issued for the Successors Agency of the Redevelopment Agency of the City of Lake Elsinore for the above-mentioned period.
Attachments
Attachment 1 – SA Warrant Summary
Attachment 2 – SA Warrant Listing
APRIL 06, 2026
TO APRIL 12, 2026
CITY OF LAKE ELSINORE SA WARRANT SUMMARY
FUND NO. FUND DESCRIPTION TOTAL
510 SARDA AREA I, II, & III 101,626.25 $
540 SARDA DIAMOND STADIUM 42,500.00
GRAND TOTAL 144,126.25 $
Attachment 1 1 OF 1
APRIL 06, 2026
TO APRIL 12, 2026
CITY OF LAKE ELSINORE SA WARRANT LIST
WARRANT NO. VENDOR NAME AMOUNT
APA26001856 LAKE ELSINORE STORM, LP 101,626.25 $
11356 COTTER CONSTRUCTION, INC. 42,500.00
GRAND TOTAL 144,126.25 $
Attachment 2 1 OF 1
REPORT TO SUCCESSOR AGENCY
To: Honorable Chair and Members of the Successor Agency From: Jason Simpson, Executive Director
Prepared by: Shannon Buckley, Assistant Executive Director Date: May 12, 2026
Subject: SA Warrant Report Dated April 13, 2026 to April 19, 2026 Recommendation
Receive and file.
Discussion
The Warrant Report lists all general checks issued for the Successors Agency of the Redevelopment Agency of the City of Lake Elsinore for the above-mentioned period.
Attachments
Attachment 1 – SA Warrant Summary
Attachment 2 – SA Warrant Listing
APRIL 13, 2026
TO APRIL 19, 2026
CITY OF LAKE ELSINORE SA WARRANT SUMMARY
FUND NO. FUND DESCRIPTION TOTAL
510 SARDA AREA I, II, & III 2,231.54 $
540 SARDA DIAMOND STADIUM 18,293.64
GRAND TOTAL 20,525.18 $
Attachment 1 1 OF 1
APRIL 13, 2026
TO APRIL 19, 2026
CITY OF LAKE ELSINORE SA WARRANT LIST
WARRANT NO. VENDOR NAME AMOUNT
APA26001913 RP LANDSCAPE & IRRIGATION 2,231.54 $
11394 AK SECURITY ALARM LLC 18,293.64
GRAND TOTAL 20,525.18 $
Attachment 2 1 OF 1
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Damaris Abraham, Community Development Director Date: May 12, 2026
Subject: Planning Application No. 2021-19 (Rome Hill Commercial - TPM No. 39493) - A Request to Subdivide an Existing 6.77-acre Parcel into Two Parcels with One Letter Lot Located at the Corner of Grand Avenue and Kathryn Way Applicant: Guy Selleck, GEM Investments, LLC
Recommendation
1. Find that the proposed subdivision is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15162 and 15315 (Class 15, Minor Land Divisions) since the proposed subdivision project would not have a significant effect on the environment and no new environmental documentation is necessary because all potentially significant effects have been adequately analyzed in a previously adopted Mitigated Negative Declaration (MND; SCH No. 2025090173); and
2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 39493 TO SUBDIVIDE AN EXISTING 6.77-ACRE SITE INTO TWO PARCELS (2.19-ACRES AND 4.53-ACRES) AND ONE 0.05-ACRE LETTER LOT FOR THE ROME HILL COMMERCIAL PROJECT LOCATED AT APN 371-150-017.
PA 2021-19 (Tentative Parcel Map No. 39493)
Planning Commission Action
On April 21, 2026, the Planning Commission (Commission) held a duly noticed public hearing and recommended approval of Tentative Parcel Map (TPM) No. 39493. The applicant team was present to address any questions or concerns from the Commission, and no written or oral public comments were made. The Commission recommended approval of the project with a 4-0 vote (Commissioner Martin absent).
Project Location
The project site is located at the corner of Grand Avenue and Kathryn Way within the East Lake District neighborhood. The project site consists of an approximately 6.77-acre undeveloped area and includes Assessor Parcel Number (APN) 371-150-017. The project site is currently zoned as Commercial Manufacturing (C-M) and the average slope does not exceed 20 percent.
Environmental Setting
Table 1: Environmental Setting
Background
On November 15, 2025, the City Council approved the Rome Hill Commercial project to allow two (2) new commercial manufacturing warehouses with office spaces totaling 92,760 sq. ft. with an outdoor storage area as well as other related improvements such as new parking, landscaping, and offsite improvements along Grand Avenue.
The Rome Hill Commercial project’s approvals included the following: General Plan Amendment (GPA) No. 2022-01 to amend the land use designation from General Commercial (GC) and High Density Residential (HDR) to Light Industrial (LI); Zone Change (ZC) No. 2022-02 to rezone from Commercial Park (C-P) and High Density Residential (R-3) to Commercial Manufacturing (C-M); Conditional Use Permit (CUP) No. 2022-17 to allow outdoor storage; Commercial Design Review (CDR) No. 2022-12 to establish the building and site design; and Variance (VAR) No. 2025-08 to reduce the required front yard setback from 15 ft. to 6 ft.; all collectively processed under Planning Application No. 2021-19.
PA 2021-19 (Tentative Parcel Map No. 39493)
In addition to the above entitlement approvals, the City Council also adopted a Mitigated Negative Declaration (MND; SCH No. 2025090173) for the project which determined that any potential environmental impacts would be mitigated to below a level of less than significant.
Project Description
Tentative Parcel Map (TPM) No. 39493 consists of an existing 6.77-acre parcel located within the Commercial Manufacturing (C-M) zoning district. Gem Investments, LLC, proposes to subdivide the parcel into two parcels and one lettered lot with Parcel 1 proposed to be 2.19 acres, Parcel 2 proposed to be 4.53 acres, and Lot A proposed to be 0.05 acres.
The proposed subdivision is to create two new parcels to phase the future construction for the Rome Hill Commercial project, as well as to allow the developer the ability to sell one of the parcels to a future builder. The TPM does not involve any modifications to the previously approved project, as the TPM is only to subdivide the existing parcel. Any future development or modifications to the previous approvals would require a separate application and review processes and may be subject to its own public hearing(s) at Planning Commission and/or City Council.
Analysis
The analysis below provides a discussion of the proposed project’s consistency with the General Plan, the Lake Elsinore Municipal Code (LEMC), and Subdivision Map Act. In addition, the Design Review Committee, including staff from Planning, Building and Safety, Fire, and Engineering Departments and the Elsinore Valley Municipal Water District, has reviewed the project and have 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 Limited Industrial (LI) and is located within the East Lake District neighborhood. The intent of the LI designation is to provide for industrial parks, warehouses, manufacturing, research and development, public and quasi-public uses, and similar and compatible uses with a maximum Floor Area Ratio (FAR) of 0.45.
The project proposes to subdivide the existing 6.77-acre site of the Rome Hill Commercial project into two parcels and one letter lot. The previously approved commercial manufacturing project was found to be consistent with the General Plan at the November 18, 2025 City Council Meeting.
The subdivision does not include any modifications to the previously approved project and would not result in an increase to the approved FAR. Therefore, the proposed subdivision is consistent with the General plan.
Municipal Code Consistency
The project site’s current zoning designation is Commercial Manufacturing (C-M). Pursuant to LEMC Section 17.132.050 and Section 17.132.060 newly created parcels in the C-M district must be a minimum of 20,000 square feet in area and must have a minimum of 100 feet of street PA 2021-19 (Tentative Parcel Map No. 39493)
frontage. The proposed subdivision complies with both the minimum lot area and street frontage requirements outlined in the LEMC.
Legal access to both parcels would be provided by public improvements along Grand Avenue that are to be constructed by the Rome Hill Commercial project and a 40-foot-wide access easement along the southern edge of the project site, satisfying the access standards found in LEMC Section 16.12.030 and 16.12.040. These provisions require vehicular access to all lots and connections to a publicly maintained road. Additionally, TPM No. 39493 conforms to the requirements of LEMC Chapter 16.24 and the Subdivision Map Act. As such, the proposed subdivision is consistent with the LEMC.
Environmental Determination
Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15162, the proposed TPM would not have a significant effect on the environment, and no new environmental documentation is necessary because all potentially significant effects have been adequately analyzed in an earlier Mitigated Negative Declaration (SCH No. 2025090173) which was prepared for the Rome Hill Commercial Project on November 15, 2025. Approval of the TPM will not change the density or the intensity of the use; it simply proposes to subdivide the 6.77-acre into two (2) parcels (2.19 acres and 4.53 acres) with one 0.05-acre letter lot. No substantial changes that require major revisions to the MND exist and no new information of substantial importance that require revision of the earlier MND exist. Therefore, no further environmental documentation is necessary at this time.
In addition, the TPM is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15315 (Class 15, Minor Land Divisions). Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent. Tentative Parcel Map No. 39493 is the subdivision of an existing 6.77-acre parcel into two (2) parcels for future construction of the previously approved Rome Hill Commercial project. As discussed above, the TPM meets the requirements for a Class 15 exemption.
MSHCP Consistency
The site comprising the TPM has also been reviewed for consistency with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). Approximately 4.28 acres of the project site is located in Criteria Cell 5038, which is in MSHCP Elsinore Area Plan, Subunit 3 (Elsinore). On August 19, 2022, the Western Riverside County Regional Conservation Authority (RCA) completed the Joint Project Review (JPR# 22-03-11-01) process and concluded that the project is consistent with both the Criteria and other plan requirements of the MSHCP.
PA 2021-19 (Tentative Parcel Map No. 39493)
Public Notice
Notice of the hearing for this application has been published in the Press-Enterprise newspaper and mailed to property owners within 300 feet of the subject property. As of the writing of this report, no written comments concerning this application have been received by staff.
Attachments
Attachment 1 – TPM Resolution
Attachment 2 – Conditions of Approval
Attachment 3 – GIS Exhibits
Attachment 4 – TPM No. 39493
Attachment 5 – Public Notice Materials
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 39493 TO SUBDIVIDE A 6.77-ACRE SITE INTO TWO PARCELS (2.19-ACRES AND 4.53-ACRES) AND A
0.05-ACRE LETTER LOT FOR THE ROME HILL COMMERCIAL PROJECT LOCATED AT APN 371-150-017
Whereas, Guy Selleck, GEM Investments, LLC, has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2021-19 (Tentative Parcel Map No. 39493) to subdivide the existing 6.77-acre site of the Rome Hill Commercial Project into two parcels including one (1) 2.19-acre parcel and one (1) 4.53-acre parcel, and one (1) 0.05- acre letter lot. Access for the parcels would be provided by a new driveway along Grand Avenue (the “Project” or “TPM”). The proposed TPM involves no changes to the Rome Hill Commercial project’s previously approved entitlements. The site is located at the corner of Grand Avenue and Kathryn Way (APN: 371-150-017);
Whereas, on November 15, 2025, the City Council conducted a duly noticed public hearing and approved the Rome Hill Commercial project which included General Plan Amendment (GPA) No. 2022-01, Zone Change (ZC) No. 2022-02, Conditional Use Permit (CUP) No. 2022-17, Commercial Design Review (CDR) No. 2022-12, and Variance (VAR) No. 2025- 08; all collectively processed under Planning Application No. 2021-19; 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;
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 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 April 21, 2026, at a duly noticed Public Hearing, the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item, and adopted a resolution recommending that the Council Approve TPM No. 39493; and
Whereas, on May 12, 2026, at a duly noticed Public Hearing, the City Council (Council) has considered 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 Council has considered the project and has found it acceptable.
CC Reso. No. 2026-____
Section 2: 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.
Approximately 4.28 acres of the project site is located within an MSHCP criteria cell. Pursuant to the City’s MSHCP Resolution, the project has been reviewed for MSHCP consistency, including consistency with “Other Plan 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.
Approximately 4.28 acres of the project site is located in Criteria Cell 5038, which is in MSHCP Elsinore Area Plan, Subunit 3 (Elsinore). Therefore, a formal and complete LEAP application, LEAP 2022-02 was submitted to the City on January 12, 2022.The JPR application, JPR 22- 03-11-01 was submitted to the Regional Conservation Authority (RCA). The RCA completed the review on August 19, 2022 and found the proposed development consistent with both the Criteria and Other Plan Requirements.
3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines.
On November 22, 2021, Hernandez Environmental Services conducted a field survey of the site to determine whether the project site includes riparian/riverine area or vernal pools.
The project area does not contain any streams or drainages or riparian habitat. The project site is flat with elevations ranging from 1,272 feet AMSL in the northwest corner to 1,289 feet AMSL, which is above the 1,265 feet AMSL limit of CDFW jurisdiction around Lake Elsinore.
No defined bed, bank, channel, or obvious shifts in vegetation that would suggest a drainage feature occur on the site. Furthermore, no vegetation associated with riparian or wetland habitats was found on the site. Therefore, the project site does not contain habitat that may be considered riparian/riverine areas as defined in Section 6.1.2 of the Western Riverside County MSHCP. Due to the lack of suitable riparian habitat on the project site, focused surveys for riparian/riverine bird species listed in Section 6.1.2 of the MSHCP are not warranted.
Vernal pools are seasonal depressional wetlands that occur under Mediterranean climate conditions of the west coast and in glaciated conditions of northeastern and midwestern states. They are covered by shallow water for variable periods from winter to spring but may be completely dry most of the summer and fall. Vernal pools are usually associated with hard clay layers or bedrock, which helps keep water in the pools. Vernal pools and seasonal CC Reso. No. 2026-____
depressions usually are dominated by hydrophytic plans, hydric soils, and evidence of hydrology.
The entire site was evaluated for the presence of habitat capable of supporting branchiopods.
The site was evaluated as described in the USFWS Survey Guidelines for the Listed Large Branchiopods (May 31, 2016). The project area is primarily comprised of sandy loams. The onsite soils do not allow for water pooling on the site for any significant length of time after rain events. No vernal pools, swales, or vernal pool mimics such as ditches, borrow pits, cattle troughs, or cement culverts with signs of pooling water were found on the site. In addition, the site does not contain areas that showed signs of ponding water, hydrophytic vegetation, or soils typical of vernal pools that would be suitable for large branchiopods.
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.
Approximately four acres of the project site are located within the Narrow Endemic Plant Species Survey Area (NEPSSA). The species in this survey area include the following Narrow Endemic Plant Species: Munz's onion (Allium munzii), San Diego ambrosia (Ambrosia pumila), Many-stemmed dudleya (Dudleya multicaulis), Spreading navarretia (Navarretia fossalis), California Orcutt grass (Orcuttia californica), Hammitt's clay-cress (Sibaropsis hammittii), and Wright's trichocoronis (Trichocoronis wrightii).
On November 22, 2021, Hernandez Environmental Services conducted a field survey of the site to determine whether the project site contains suitable habitat for narrow endemic plant species. It was determined that the project site is continually disturbed by the use of motor vehicles and the storage of large materials. No suitable habitat for the above-listed Narrow Endemic Plant Species is present on the site.
The proposed project is therefore consistent with the Protection of Narrow Endemic Plant Species Guidelines.
5. The Project is consistent with the Additional Survey Needs and Procedures.
The MSHCP requires additional surveys for certain species if the project is located in certain locations. Pursuant to MSHCP Figure 6-2 (Criteria Area Species Survey Area), Figure 6-3 (Amphibian Species Survey Areas with Criteria Area), Figure 6-4 (Burrowing Owl Survey Areas with Criteria Area), and Figure 6-5 (Mammal Species Survey Areas With Criteria Area), burrowing owl surveys and surveys for Criteria Area species are required for the subject property prior to approval of a development proposal.
Criteria Area Species
The species in this survey area include the following Criteria Area Species: San Jacinto Valley Crownscale (Atriplex coronata var. notatior), Parish's brittlescale (Atriplex parishii), Davidson's saltscale (Atriplex serenana davidsonii), Thread-leaved brodiaea (Brodiaea filifolia), Roundleaved filaree (Californica macrophylla), Smooth tarplant (Centromadia pungens ssp. laevis), Coulter's goldfields (Lasthenia galbrata var. coulteri), little mousetail (Myosurus minimus var. apus).
CC Reso. No. 2026-____
Approximately 4.28 acres of the project site are located within the survey area for Criteria Area Species. The above-listed Criteria Area Species were not observed on the Project site during the November 22, 2021 field survey. Although a very small amount (0.01 acre) of Traver soils, which are known to retain moisture, are mapped within the northern portion of the site, this area consists of a slope containing artificial fill and debris. It was determined that suitable habitat for these species does not exists on the Project site.
Burrowing Owl
A burrowing owl (Athene cunicularia) habitat assessment was conducted by Hernandez Environmental Services during its November 2021 field survey of the project site. The habitat assessment conducted for this species found that the project site is continually disturbed by the use of motor vehicles on site. No suitable habitat is present on the site due to the lack of small mammal burrows and manmade structures that could be utilized as burrows, such as earthen berms; cement, asphalt, rock, or wood debris piles; or openings beneath cement or asphalt pavement. No suitable burrowing owl habitat occurs on site. This species is not present.
Nevertheless, as a mitigation measure for the proposed project, the City of Lake Elsinore will require a pre-construction presence/absence survey for burrowing owl to be conducted within 30 days of the commencement of project-related grading or other land disturbance activities including vegetation clearing, clearing and grubbing, tree removal, or site water, to ensure that the species has not moved onto the site since completion of the surveys. If burrowing owl have colonized the property site prior to the initiation of construction, the Project proponent shall immediately inform the Wildlife Agencies and the RCA, and prepare a Burrowing Owl Protection and Relocation Plan for approval by RCA and the Wildlife Agencies, prior to initiating ground disturbance. Additionally, if ground-disturbing activities occur, but the site is left undisturbed for more than 30 days, a pre-construction survey will again be necessary to ensure burrowing owl have not colonized the site since it was last disturbed. If burrowing owl are found, the same coordination described above will be necessary.
Therefore, the subject project is consistent with the Additional Survey Needs and Procedures of the MSHCP.
6. The Project is consistent with the Urban/Wildlands Interface Guidelines.
Section 6.1.4 addresses potential indirect impacts to the MSHCP Conservation Area via the Urban Wildland Interface Guidelines. As the Project is urban in nature and is located near the Western Riverside County Regional Conservation Authority (RCA) conserved lands, the Project must comply with all MSHCP Urban/Wildland Interface Guidelines (UWIG) as set forth in Section 6.1.4 of the MSHCP.
7. The Project is consistent with the Vegetation Mapping requirements.
On November 22, 2021, Hernandez Environmental Services conducted a field survey of the project site. The field survey identified plant and animal species found on the project site.
The project site contains approximately 0.05 acre of habitat dominated by Tamarisk (Tamarix sp.). This habitat is located at the northwest corner of the site. The project site contains approximately 6.71 acres of habitat classified as disturbed. These areas are graded and predominantly unvegetated. The only vegetation present within these areas includes scattered ornamental trees including tree of heaven (Ailanthus altissima) and gum tree CC Reso. No. 2026-____
(Eucalyptus sp.).
This mapping is sufficient under the MSHCP and is consistent with the MSHCP vegetation mapping requirements.
8. The Project is consistent with the Fuels Management Guidelines.
Section 6.4 of the MSHCP requires that new developments adjacent to the MSHCP Conservation Area or other undeveloped lands incorporate any fuel/brush management zones and Best Management Practices.
The Project will required to incorporate the BMPs outlined in Volume I, Appendix C of the MSHCP as part of the development pursuant to regulatory and/or County requirements.
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.
Approximately 4.28 acres of the project site is located in the southern portion of Criteria Cell 5038, which is in MSHCP Elsinore Area Plan, Subunit 3 (Elsinore). The balance of the project site is not located within either a criteria cell or Subunit 3. Target conservation in Criteria Cell 5038 will range from 35%-45% of the Cell focusing in the eastern central portion of the Cell.
Conservation within this Cell will focus on grassland habitat. Areas conserved within this Cell will be connected to grassland habitat proposed for conservation in Cell #5036 to the east.
The project site does not contain the grassland habitat sought for conservation in Criteria Cell 5036. Further, the site is not located within the eastern central portion of Criteria Cell 5038 which would provide a connection to Criteria Cell 5036 to the east. Therefore, conservation of the project the site would not contribute to the conservation goals of the Criteria Cell due to the absence of grassland habitat with connectivity to grassland habitat within Criteria Cell 5036 to the east. The proposed project is consistent with the MSHCP.
Section 3: The Council finds and determines that the Project is exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§21000 et seq.: “CEQA”) and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to CEQA Guidelines Section 15162 and Section 15315 because the proposed project would not have a significant effect on the environment, and no new environmental documentation is necessary since all potentially significant effects have been adequately analyzed in an earlier Mitigated Negative Declaration (SCH No. 2025090173) which was prepared for the Rome Hill Commercial project on November 15, 2025. Approval of the TPM will not change the density or the intensity of the use; it simply proposes to subdivide the
6.77-acre into two (2) parcels (2.19 acres and 4.53 acres) and one 0.05-acre letter lot. No substantial changes that require major revisions to the MND exist and no new information of substantial importance that require revision of the earlier MND exist. Therefore, no further environmental documentation is necessary at this time.
CC Reso. No. 2026-____
Section 4: That in accordance with State Planning and Zoning Law and the LEMC, the Council makes the following findings to approve TPM No. 39493:
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 project is located within the General Plan’s Limited Industrial (LI) district. The proposed project is compatible with the objectives, policies, general land uses and programs as identified in the General plan. The proposed project complies with the minimum standards of the Commercial Manufacturing (C-M) district for minimum lot size and street frontage requirements. The proposed project is consistent with the provisions of the LEMC and is therefore found to be consistent with the General Plan.
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 site is an existing undeveloped parcel that is suitable for the proposed Rome Hill Commercial project since it meets the minimum lot area and access requirements. In addition, the project was previously analyzed and determined to comply with all applicable development standards and requirements of the LEMC.
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 project would create an additional parcel without altering existing entitlements, land use designations, or environmental conclusions previously adopted under Mitigated Negative Declaration (SCH No. 2025090173) for the approval of the Rome Hill Commercial project.
The subdivision does not introduce new residential components since the approved development is for a commercial manufacturing warehouse use.
4. The proposed division of land or type of improvements is not likely to result in any significant environmental impacts.
The project is exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§21000 et seq.: “CEQA”) and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to CEQA Guidelines Section 15162 and Section 15315 because the proposed project would not have a significant effect on the environment, and no new environmental documentation is necessary because all potentially significant effects have been adequately analyzed in an earlier Mitigated Negative Declaration (SCH No. 2025090173).
5. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems.
TPM No. 39493 has been designed in a manner consistent with the General Plan and the Lake Elsinore Municipal Code and does not divide previously established communities. In addition, the TPM does not involve any type of improvement(s) since its purpose is to create two new parcels for future construction of the Rome Hill Commercial project.
CC Reso. No. 2026-____
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.
The project has been reviewed by all applicable City departments, including the Engineering Department and outside agencies, and it has been determined that TPM No. 39493 will not conflict with easements for access or use of the property. Legal access to both parcels will be provided via public improvements and access easements to be constructed by the previously approved Rome Hill Commercial project, satisfying the access standards set forth in Lake Elsinore Municipal Code Sections 16.12.030 and 16.12.040.
Section 5: Based upon the evidence presented, both written and testimonial, and the above findings, and the conditions of approval imposed upon the project, the Council hereby finds the project is consistent with the MSHCP and approves TPM No. 39439..
Section 6: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted on this 12th day of May, 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, CC Reso. No. 2026-____
at a regular meeting held on May 12, 2026, and that the same was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
Candice Alvarez, MMC
City Clerk
Applicant’s Initials: _____ Page 1 of 5
CONDITIONS OF APPROVAL
PROJECT: PA 2021-19/TPM 39493
PROJECT NAME: Rome Hill Commercial - TPM No. 39493
PROJECT LOCATION: APN: 371-150-017
APPROVAL DATE:
EXPIRATION DATE:
EXPIRATION DATE:
GENERAL CONDITIONS
1. Planning Application No. 2021-19 (Tentative Parcel Map No. 39493) proposes to subdivide the existing 6.77-acre site of the Rome Hill Commercial project into two parcels, including one (1) 2.19-acre parcel and one (1) 4.53-acre parcel with one (1) 0.05-acre letter lot.
Access for the parcels would be provided by a new driveway along Grand Avenue. The proposed TPM involves no changes to the project’s previously approved entitlements. The site is located at the corner of Grand Avenue and Kathryn Way (APN: 371-150-017).
2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants (Indemnitees) from any claim, action, or proceeding against the Indemnitees to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning approval, implementation and construction of TPM 39493, 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 TPM 39493 or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees, penalties and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. The City will promptly notify the applicant of any such claim, action, or proceeding against the City. If the project is challenged in court, the City and the applicant shall enter into formal defense and indemnity agreement, consistent with this condition
3. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records.
PLANNING DIVISION
4. Tentative Parcel Map No. 39493 shall comply with the State of California Subdivision Map Act, the Canyon Hills Estates Specific Plan, and applicable requirements set forth in the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval.
5. The applicant shall adhere to the Conditions of Approval related to PA 2021-19, the Rome Hill Commercial project. This map does not remove any Conditions of Approval for separate land use entitlements or use permits approved for this land.
6. Any proposed minor revisions to approved TPM shall be reviewed and approved by the Community Development Director or designee. Any proposed substantial revisions to the PA 2021-19/TPM 39493 PC: April 21, 2026
Conditions of Approval CC:
Applicant’s Initials: _____ Page 2 of 5
approved TPM shall be reviewed according to the provisions of the Municipal Code in a similar manner as a new application.
7. If any of the conditions of approval set forth herein fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of all future building permits, deny revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation.
Prior to Recordation of Final Parcel Map
8. A precise survey with closures for boundaries and all lots shall be provided per the LEMC.
9. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD).
BUILDING DIVISION
General Conditions
10. Compliance with Code. All design components shall comply with applicable provisions of the 2025 edition of the California Building, Plumbing and Mechanical Codes: 2025 California Electrical Code; California Administrative Code, 2025 California Energy Codes, 2025 California Green Building Standards, California Title 24 Disabled Access Regulations, and Lake Elsinore Municipal Code.
ENGINEERING DEPARTMENT
General
11. The project shall comply with applicable Conditions of Approval of Rome Hill Commercial as approved by City Council on November 18, 2025.
12. All new submittals for plan check shall be made using the City’s online Citizen Service Portal (CSSP).
13. Applicant shall pay all applicable application and Engineering assessed fees, including without limitation plan check and monumentation inspection fees, at the prevalent rate at time of payment in full.
14. Each parcel shall have legal access to public right of way.
15. The applicant shall record a reciprocal access agreement and emergency vehicle access easement between the primary site and adjacent parcels. A reciprocal access agreement shall be prepared by a licensed Land Surveyor and shall be recorded prior to the Parcel Map approval.
16. Monumentation shall be in accordance with the Lake Elsinore Municipal Code Section 16.32 PA 2021-19/TPM 39493 PC: April 21, 2026
Conditions of Approval CC:
Applicant’s Initials: _____ Page 3 of 5
and the Subdivision Map Act.
17. Applicant shall submit plan check review and approval for the Parcel Map.
18. 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.
19. The Final Water Quality Management Plan shall be completed and approved prior to the Parcel Map approval.
20. Parcel Map shall be recorded prior to any issuance of a building permit.
21. Sufficient public street right-of-way along Grand Avenue on the project side shall be conveyed for public use to provide for a 59-FT half-width right-of-way per Standard No. 93, County of Riverside Ordinance No. 461.11 or as approved by the Riverside County Director of Transportation.
22. It shall be the responsibility of the licensed professional legally authorized to practice land surveying work to install street centerline monuments as required by Riverside County Ordinance No. 461.11. If construction centerline differs, provide a tie to existing centerline of right-of-way. Prior to any construction, survey monuments including centerline monuments, tie points, property corners and benchmarks shall be tied out and a preconstruction corner record or record of survey filed with the County Surveyor pursuant to Section 8771 of the Business & Professional Code.
CITY OF LAKE ELSINORE FIRE MARSHAL
23. The applicant/operator shall comply with all requirements of the Riverside County Fire Department Lake Elsinore Office of the Fire Marshal. Questions should be directed to the Riverside County Fire Department, Lake Elsinore Office of the Fire Marshal at 130 S. Main St., Lake Elsinore, CA 92530. Phone: (951) 671-3124 Ext. 225.
24. This project is in a Local Responsibility, High Fire Hazard Severity Zone of the City of Lake Elsinore as shown on a map on file with the Clerk of the Board of Supervisors. Any buildings, landscape and access constructed within this project shall comply with special construction provisions contained in the 2025 California Wildland Interface Code and California Fire Code.
25. Prior to Building Permit Issuance, the applicant or developer shall provide fire hydrants in accordance with the following:
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 maximum fire flow should not exceed 4000 GPM at 20 PSI for a 4-hour duration, per the 2025 California Fire Code. Specific fire flow will be determined when actual PA 2021-19/TPM 39493 PC: April 21, 2026
Conditions of Approval CC:
Applicant’s Initials: _____ Page 4 of 5
square footage and construction type are provided.
26. In all new buildings and structures which are 5,000 square feet or greater, an approved automatic sprinkler system shall be provided regardless of occupancy classification. Where Sections 903.2.1 – 903.2.21 of the California Fire Code have more restrictive requirements than those listed below, the more restrictive requirements shall take precedence.
27. Prior to building permit issuance, install the approved water system and contact the Fire Department for a verification inspection.
28. If gates are proposed, they must meet Fire Department standards at the time of building permit application.
29. Project access looks to fall within a flood-plain area. Fire department access roads shall be all-weather construction, meaning that they shall be available during any inclement weather event. Please verify that all access roads shall remain open and accessible in the occurrence of flood conditions.
30. Fire apparatus access roads shall have an unobstructed width of not less than twenty–four (24) feet as approved by the Office of the Fire Marshal. The inside turning radius shall be a minimum of 32’, excluding parking. If street parking is to be proposed, the additional width shall be coordinated with the Engineering department to accommodate the necessary added street width. (OFM-01A Fire Department Access Requirements for Commercial and Residential Developments)
31. The Fire Apparatus Access Road shall be of all-weather surface and capable of sustaining an imposed load of 85,000 lbs. GVW. The fire apparatus access road shall be reviewed and approved by the Office of the Fire Marshal and in place during the time of construction. (CFC 501.4)
32. Unless otherwise approved by the Lake Elsinore OFM, dead end fire apparatus access roads shall not exceed:
• For Very High Fire Hazard Severity Zone and High Fire Hazard Severity Zone areas – 660 feet
• For Moderate Fire Hazard Severity Zone areas – 800 feet • For all other areas – 1320 feet
MITIGATION MONITORING AND REPORTING PROGRAM
33. The applicant shall comply with all mitigation measures identified in the Mitigation Monitoring & Reporting Program for Mitigated Negative Declaration (SCH No. 2025090173) for the Rome Hill Commercial project.
PA 2021-19/TPM 39493 PC: April 21, 2026
Conditions of Approval CC:
Applicant’s Initials: _____ Page 5 of 5
I hereby state that I acknowledge receipt of the approved Conditions of Approval for the above named project and do hereby agree to accept and abide by all Conditions of Approval as approved by the City Council of the City of Lake Elsinore on _________ . I also acknowledge that all Conditions shall be met as indicated.
Date:
Applicant’s Signature:
Print Name:
Address:
Phone Number:
0 100 200
US Feet
±
Coordinate System: NAD 1983 StatePlane California VI FIPS 0406 Feet Planning Application No. 2021-19
TPM No. 39493
Aerial Map
Earthstar
Geographics
BRIGHTMAN AVE
GRAND AVE
TURNER ST
TURTLE DOVE DR
VERDA PL VAIL ST
KATHRYN WAY
Vantor
0 120 240
US Feet
±
Coordinate System: NAD 1983 StatePlane California VI FIPS 0406 Feet Planning Application No. 2021-19
TPM No. 39493
Vicinity Map
SANDERS DR
GRAND AVE
HOLT ST LUCERNE
ST
BRIGHTMAN AVE
BENNER ST SANDALWOOD LN
TURNER ST
VERDA PL
RUSSELL ST
VAIL ST
KATHRYN WAY
TURTLE DOVE DR
0 62.5 125
US Feet
±
Coordinate System: NAD 1983 StatePlane California VI FIPS 0406 Feet Planning Application No. 2021-19
TPM No. 39493
General Plan Exhibit
GC - General
Commercial
HDR - High
Density
Residential
LMR -
Low-Medium
Residential
R -
Recreational
R -
Recreational
VAIL ST
GRAND AVE
KATHRYN WAY
0 62.5 125
US Feet
±
Coordinate System: NAD 1983 StatePlane California VI FIPS 0406 Feet Planning Application No. 2021-19
TPM No. 39493
Zoning Exhibit
R3 - High
Density
Residential
CP -
Commercial
Park
VAIL ST
GRAND AVE
KATHRYN WAY
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Lake Elsinore, California, will hold a Public Hearing on May 12, 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. 2021-19 (Rome Hill Commercial – TPM 39493): The proposed project is a request by Guy Selleck, Gem Investments, LLC, for Tentative Parcel Map (TPM) No. 39493 to subdivide the existing 6.76-acre site of the Rome Hill Commercial project into two parcels including one (1) 2.19-acre parcel and one (1) 4.52-acre parcel, and one (1) 0.05-acre letter lot.
Access for the parcels would be provided by a new driveway along Grand Avenue. The Rome Hill Commercial project was previously approved by the City Council on November 18, 2025 which included Commercial Design Review No. 2022-12 for two 46,000 SF commercial manufacturing buildings. The proposed TPM involves no changes to the project’s previously approved entitlements.
Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15162, no new environmental documentation is necessary because all potentially significant effects have been adequately analyzed in an earlier Mitigated Negative Declaration (SCH# 2025090173), which was adopted for the Rome Hill Commercial Project on November 15, 2025. No substantial changes that require major revisions to the MND exist, and no new information of substantial importance that requires revision of the earlier MND exists.
PLANNING COMMISSION RECOMMENDATION: On April 21, 2026, at a duly noticed Public Hearing, the Lake Elsinore Planning Commission by a 4-0 vote recommended that the City Council approve TPM No. 39493.
ALL INTERESTED PERSONS are invited to submit written information, express opinions or otherwise submit written evidence by email to [email protected].
If you wish to legally challenge any action taken by the City on the above matter, you may be limited to raising only those issues you or someone else at the Public Hearing described in this notice, or in written correspondence delivered to the City prior to or at the Public Hearing. If you require accommodation to participate in a Public Hearing, please contact the City Clerk’s office at (951) 374-3124, ext. 269. All Agenda materials are available for review on the City’s website at www.lake-elsinore.org, the Friday before the Public Hearing.
FURTHER INFORMATION on this item may be obtained by contacting Carlos Serna, Associate Planner in the Planning Division at [email protected] or (951) 824-7415.
Candice Alvarez, MMC
City Clerk
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: 0011790930
Customer's Reference/PO Number:
Publication: The Press-Enterprise
Publication Dates: 04/30/2026
Total Amount: $509.11
Payment Amount: $0.00
Amount Due: $509.11
Notice ID: YcZvVeaZ5QiEAU1gmTWp
Invoice Text: [https://res.cloudinary.com/dgqq2xsfd/image/upload/enoticeproduction/exports/1777328617268/image001.jpg] NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Lake Elsinore, California, will hold a Public Hearing on May 12, 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. 2021-19 (Rome Hill Commercial – TPM 39493): The proposed project is a request by Guy Selleck, Gem Investments, LLC, for Tentative Parcel Map (TPM) No. 39493 to subdivide the existing 6.76-acre site of the Rome Hill Commercial project into two parcels including one (1) 2.19-acre parcel and one (1) 4.52-acre parcel, and one (1) 0.05-acre letter lot. Access for the parcels would be provided by a new driveway along Grand Avenue. The Rome Hill Commercial project was previously approved by the City Council on November 18, 2025 which included Commercial Design Review No. 2022-12 for two 46,000 SF commercial manufacturing buildings. The proposed TPM involves no changes to the project’s previously approved entitlements. Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15162, no new environmental documentation is necessary because all potentially significant effects have been adequately analyzed in an earlier Mitigated Negative Declaration (SCH# 2025090173), which was adopted for the Rome Hill Commercial Project on November 15, 2025. No substantial changes that require major revisions to the MND exist, and no new information of substantial importance that requires revision of the earlier MND exists. PLANNING NOPH PA 2021-19 (Rome Hill Commercial Subdivi - 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: 0011790930
FILE NO. 0011790930
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:
04/30/2026
I certify (or declare) under the penalty
of perjury that the foregoing is true and
correct.
Date: April 30, 2026.
At: Riverside, California
______________________________
Signature
NOPH PA 2021-19 (Rome Hill Commercial Subdivi - Page 1 of 1
#12593
9/2/2025
300' Ownership Listing
Prepared for:
371-150-016 & 371-150-017
G E M INVESTMENT PROPERTIES LLC
GRAND AVE
LAKE ELSINORE CA 92530
Steve Galvez
20 Paseo Verde
San Clemente, CA 92673
371-070-001
ANUCHIT RUKSOMBOONDE
1850 W SYCAMORE ST
SAN BERNARDINO CA 92407
371-090-001, 002
ELSINORE MITIGATION SITE LAKE
20 PASEO VERDE
SAN CLEMENTE CA 92673
371-090-003 371-150-009
G E M INVESTMENT PROPERTIES LLC
1207 N EAST ST
ANAHEIM CA 92805
371-090-004
MITIGATION PROP B-MAX
1207 N EAST ST
ANAHEIM CA 92805
371-130-003
COLLIN FLEMING
22531 CANYON LAKE DR
CANYON LAKE CA 92587
371-130-004
MCELRATH JEFFREY A LIVING
TRUST DATED 11/6/2014
20995 ALAMEDA DEL MONTE
WILDOMAR CA 92595
371-130-005
STAR WT
207 S POE ST
LAKE ELSINORE CA 92530
371-130-006
KIMHEAN LY
15063 DANIELLE WAY
LAKE ELSINORE CA 92530
371-130-007
JULIO ERNESTO PACHECO
30261 SPRAY DR
CANYON LAKE CA 92587
371-130-008, 009, 013, 015, 016, 017
ANUCHIT RUKSOMBOONDE
1850 W SYCAMORE ST
SAN BERNARDINO CA 92407
371-130-010
STEVE ANAYA
33210 ZELLER
LAKE ELSINORE CA 92530
371-130-011
WILLIAM REED NICHOLS
32391 ORTEGA HWY
LAKE ELSINORE CA 92530
371-130-012
SAMATH MEN
1241 N STUDEBAKER RD
LONG BEACH CA 90815
371-130-014
ALEJANDRO ZAVALA
14520 WALTER ST
EASTVALE CA 92880
371-142-014
FOR ME ALL
807 E MISSION RD
SAN MARCOS CA 92069
371-150-004
KURT LIVINGSTON
18320 GRAND AVE
LAKE ELSINORE CA 92530
371-150-006, 007
BARBARA BONFIELD
18300 GRAND AVE
LAKE ELSINORE CA 92530
371-150-008
BONFIELD BARBARA REVOCABLE
TRUST DATED 07/03/18
2430 OUR COUNTRY RD
ESCONDIDO CA 92029
371-150-010
TAGHDIRI HUSHMAND TRUST DTD
02/20/98
1207 N EAST ST
ANAHEIM CA 92805
371-150-011
NORMAND DANDURAND
1465 LA RIATA DR
LA HABRA HEIGHTS CA 90631
371-150-012
PROP RMT
31902 AVENIDA EVITA
SAN JUAN CAPO CA 92675
371-150-014
CAROL J HILLARY
18330 GRAND AVE
LAKE ELSINORE CA 92530
371-150-015
JEFFREY RUFF
18322 GRAND AVE
LAKE ELSINORE CA 92530
371-150-016
G E M INVESTMENT PROPERTIES LLC
1207 N EAST ST
ANAHEIM CA 92805
371-150-017
G E M INV PROP
1207 N EAST ST
ANAHEIM CA 92805
371-170-006
KEVIN DELL
32961 JOEL CIR
DANA POINT CA 92629
371-170-022
ROGER PAQUETTE
26587 MAHONIA WAY
MURRIETA CA 92562
371-170-026, 027
ROGER H PAQUETTE
26587 MAHOIA WAY
MURRIETA CA 92562
371-170-032
LUCAS STAN ESTATE OF
2850 TEMPLE AVE
LONG BEACH CA 90806
300' Ownership Listing
371-150-016 & 371-150-017
G E M INVESTMENT PROPERTIES LLC
GRAND AVE
LAKE ELSINORE CA 92530
Steve Galvez
20 Paseo Verde
San Clemente, CA 92673
371-070-001
ANUCHIT RUKSOMBOONDE1850 W SYCAMORE ST
SAN BERNARDINO CA 92407
371-090-001, 002
ELSINORE MITIGATION SITE LAKE20 PASEO VERDE
SAN CLEMENTE CA 92673
371-090-003 371-150-009
G E M INVESTMENT PROPERTIES LLC
1207 N EAST ST
ANAHEIM CA 92805
371-090-004
MITIGATION PROP B-MAX
1207 N EAST ST
ANAHEIM CA 92805
371-130-003
COLLIN FLEMING
22531 CANYON LAKE DRCANYON LAKE CA 92587
371-130-004
MCELRATH JEFFREY A LIVINGTRUST DATED
11/6/2014
20995 ALAMEDA DEL MONTE
WILDOMAR CA 92595
371-130-005
STAR WT
207 S POE ST
LAKE ELSINORE CA 92530
371-130-006
KIMHEAN LY
15063 DANIELLE WAY
LAKE ELSINORE CA 92530
371-130-007
JULIO ERNESTO PACHECO30261 SPRAY DR
CANYON LAKE CA 92587
300' Ownership Listing
371-130-008, 009, 013, 015, 016, 017ANUCHIT
RUKSOMBOONDE
1850 W SYCAMORE ST
SAN BERNARDINO CA 92407
371-130-010
STEVE ANAYA
33210 ZELLER
LAKE ELSINORE CA 92530
371-130-011
WILLIAM REED NICHOLS32391 ORTEGA HWY
LAKE ELSINORE CA 92530
371-130-012
SAMATH MEN
1241 N STUDEBAKER RDLONG BEACH CA 90815
371-130-014
ALEJANDRO ZAVALA14520 WALTER ST
EASTVALE CA 92880
371-142-014
FOR ME ALL
807 E MISSION RD
SAN MARCOS CA 92069
371-150-004
KURT LIVINGSTON
18320 GRAND AVE
LAKE ELSINORE CA 92530
371-150-006, 007
BARBARA BONFIELD
18300 GRAND AVE
LAKE ELSINORE CA 92530
371-150-008
BONFIELD BARBARA REVOCABLETRUST DATED
07/03/18
2430 OUR COUNTRY RD
ESCONDIDO CA 92029
371-150-010
TAGHDIRI HUSHMAND TRUST DTD02/20/98
1207 N EAST ST
ANAHEIM CA 92805
371-150-011
NORMAND DANDURAND
1465 LA RIATA DR
LA HABRA HEIGHTS CA 90631
300' Ownership Listing
371-150-012
PROP RMT
31902 AVENIDA EVITA
SAN JUAN CAPO CA 92675
371-150-014
CAROL J HILLARY
18330 GRAND AVE
LAKE ELSINORE CA 92530
371-150-015
JEFFREY RUFF
18322 GRAND AVE
LAKE ELSINORE CA 92530
371-150-016
G E M INVESTMENT PROPERTIES LLC
1207 N EAST ST
ANAHEIM CA 92805
371-150-017
G E M INV PROP
1207 N EAST ST
ANAHEIM CA 92805
371-170-006
KEVIN DELL
32961 JOEL CIR
DANA POINT CA 92629
371-170-022
ROGER PAQUETTE
26587 MAHONIA WAYMURRIETA CA 92562
371-170-026, 027
ROGER H PAQUETTE
26587 MAHOIA WAYMURRIETA CA 92562
371-170-032
LUCAS STAN ESTATE OF2850 TEMPLE AVE
LONG BEACH CA 90806
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Damaris Abraham, Community Development Director Date: May 12, 2026
Subject: Request to Amend GC Global, LLC‘s Development Agreement to Revise the Community Benefit Fees
Applicant: Vanessa Salladay, GC Global, LLC
Recommendation
1. Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities); and
2. Introduce by title only and waive further reading of AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE DEVELOPMENT AGREEMENT AMENDMENT (DA-2026-02) FOR GC GLOBAL, LLC LOCATED AT 31875 CORYDON ROAD, UNIT 140 (APN: 370-051-010).
Planning Commission Action
On April 21, 2026, the Planning Commission conducted a duly noticed Public Hearing at their regular meeting and recommended approval of the Development Agreement (DA) amendment to the City Council with a 4-0 vote (Commissioner Martin absent). There were no comments from members of the public.
DA 2026-02 (Gelato DA Amendment)
Project Location
Pursuant to Lake Elsinore Municipal Code (LEMC) Section 17.156.040, cannabis businesses are permitted only within the M-1 (Limited Manufacturing) and M-2 (General Manufacturing) zoning districts.
The subject cannabis business is located in the M-1 district at 31875 Corydon Road, Unit 140, approximately 866 feet northwest of the Corydon Road and Cereal Street intersection and encompasses Assessor's Parcel Number (APN) 370-051-010.
Background
On November 28, 2017, the City Council adopted Ordinance No. 1383 (Cannabis Ordinance) to establish land use regulations and permitting requirements for cannabis businesses in LEMC Section 17.156. The Cannabis Ordinance includes regulations such as, but not limited to, allowed types of cannabis businesses, permitted zoning districts, location requirements, and maximum number of cannabis business permits.
In order to operate a cannabis business in the City, a business must have an approved conditional use permit, City business license, and applicable State license(s). The cannabis businesses also enter into a Development Agreement (DA) with the City pursuant to LEMC Chapter 19.12 and Government Code Sections 65864 through 65869.5. The DAs provide a uniform approach to safeguard the City from certain known and unknown impacts and costs on City infrastructure, services and neighborhoods related to the establishment of cannabis related land uses. As such, the DAs include public benefits for the community in the form of payment of Community Benefit Fees (CBF). Under the current terms of the DA, the cannabis businesses are obligated to pay the CBF to the City annually and the fees are assessed based on the floor area square footage for each business at $18 per square foot with an annual four percent (4%) increase in the CBF rate.
Project Description
The cannabis business is requesting to amend their DA to revise the CBF and establish a separate CBF rate for retail (e.g. storefront, delivery to customers) versus non-retail (e.g. cultivation, distribution, manufacturing and testing laboratory) cannabis operations. The proposed amendment also includes revisions to the definitions and general provisions. All other terms and provisions of the previously adopted DA would remain unchanged and would still be applicable.
The requested amendments are as a result of the City Council Cannabis Subcommittee’s response to the cannabis business owners’ concerns with operating a viable and successful cannabis business in the City.
Discussion
Since adopting the Cannabis Ordinance, other surrounding cities as well as Riverside County have allowed cannabis uses within their jurisdiction which has created a competitive market for the cannabis businesses in Lake Elsinore. Due to the growing competition, stringent land use regulations and permitting requirements, and costs associated with operating and managing a cannabis business – the businesses have expressed concerns with their ability to remain in DA 2026-02 (Gelato DA Amendment)
operation. The Cannabis Subcommittee reviewed these concerns and directed staff to amend the Cannabis Ordinance and DAs to alleviate these issues while still ensuring compatible land uses and protecting the general welfare and safety of the community. More specifically, the following is a summary of the proposed DA amendment:
Revised CBF for Cannabis Retail: The CBF rate for cannabis retail would be capped at $25 per square foot. Once the retail CBF rate reaches $25 per square foot, the 4% annual increase will no longer be applicable.
Revised CBF for Cannabis Non-Retail: The CBF rate for cannabis non-retail would be reduced to $5 per square foot with no 4% annual increase. CBF Payments: Cannabis businesses would now have the option to pay their CBF payments in 12 (monthly) equal payments instead of a lump sum payment annually. Floor Area Definition: The definition of “floor area” is proposed to be revised to mean the interior gross floor area square footage of a cannabis facility. In addition, the definition would be clarified to distinguish between cannabis retail and non-retail business floor areas. This revised definition is to create a clear delineation between the types of cannabis uses within a cannabis facility for purposes of calculating a cannabis business’ revised CBF.
Floor Plan Exhibit(s): An updated floor plan exhibit of the cannabis facility would be included to provide a clear delineation between the retail and non-retail floor areas.
Any future changes to the cannabis facility’s floor plan layout would require an amendment to the previously approved CUP subject to the Planning Commission’s review at a separate public hearing. Any CUP amendment that would revise the DA floor plan exhibit would be formalized through an Operating Memoranda pursuant to the terms of the cannabis business’ DA.
Environmental Determination
The proposed project is exempt from the California Environmental Quality Act (Cal. Pub. Res.
Code §§21000 et seq.: “CEQA”) and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to Section 15301 (Class 1, Existing Facilities). Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The proposed project is an existing cannabis business that is operating in a fully developed site and buildings. The proposed amendment to the business’ development agreement would not result in new construction, additional square footage, or expansion of the existing uses.
Public Notice
Notice of the public hearing has been published in the Press-Enterprise newspaper and mailed to property owners within 600 feet of the subject properties. As of the writing of this report, no written comments concerning these applications have been received by staff.
DA 2026-02 (Gelato DA Amendment)
Attachments
Attachment 1 – Ordinance
Exhibit A – Development Agreement Amendment
Attachment 2 – GIS Exhibits
Attachment 3 – Public Notice Materials
Ordinance No. 2026-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE DEVELOPMENT AGREEMENT AMENDMENT (DA2026-02) FOR GC GLOBAL LLC., LOCATED AT 31875 CORYDON ROAD, UNIT 140 (APN: 370-051-010)
Whereas, Vanessa Salladay, GC Global, LLC, has filed an application with the City of Lake Elsinore (City) requesting approval of Development Agreement (DA) No. 2026-02 to amend the DA to revise the Community Benefit Fee (CBF) and establish a separate CBF rate for retail (e.g. storefront, delivery to customers) versus non-retail (e.g. cultivation, distribution, manufacturing and testing laboratory) cannabis operations. The proposed amendment also includes revisions to the definitions and general provisions. The project is located at 31875 Corydon Road (APN: 370-051-010);
Whereas, Section 6.0 of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary projects within a MSHCP Criteria Cell undergo the Lake Elsinore Acquisition Process (LEAP) and Joint Project Review (JPR) to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria;
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 Chapter 19.12 (Development Agreements) of the Lake Elsinore Municipal Code (LEMC) the Planning Commission (Commission) has been delegated with the responsibility of reviewing and making a recommendation to the City Council (Council) whether the development agreement is consistent with the City’s General Plan and whether to approve the development agreement;
Whereas, on April 21, 2026, at a duly noticed public hearing, the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item, and adopted a resolution recommending that the Council approve Development Agreement Amendment No. 2026-02; and
Whereas, on May 12, 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: That in accordance with the MSHCP, the Council makes the following findings for MSHCP consistency:
1. The Project is not subject to the City’s LEAP and the Western Riverside County Regional Conservation Authority’s (RCA) JPR processes as it is not located within a Criteria Cell.
2. The Project is consistent with the Riparian/Riverine Areas, Vernal Pools Guidelines, and the Fuel Management Guidelines as the Project is wholly located within an existing Ord. No. 2026-____
building and does not include any earth disturbing activities therefore Sections 6.1.2 or
6.3.1 of the MSHCP are not applicable.
3. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines and the Additional Survey Needs and Procedures because the project is not located within any Narrow Endemic Plant Species Survey Areas or Critical Species Survey Areas.
4. The Project is consistent with the Fuels Management Guidelines because the Project site is not within or adjacent to any MSHCP Criteria Cell or conservation areas.
5. The Project has been conditioned to pay any applicable MSHCP Local Development Mitigation fees.
Section 2: The Council hereby finds and determines that the Project is categorically exempt from California Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq. “CEQA”) and CEQA Guidelines (14. Cal. Code Regs. §§15000 et seq.), specifically pursuant to Section 15301 (Class 1 – Existing Facilities), because the proposed project is an existing cannabis business that is operating within a fully developed site and building. The proposed amendment to the business’ development agreement would not result in new construction, additional square footage, or expansion of the existing use.
Section 3: That in accordance with California Planning and Zoning Law and the Section
19.12.080.B. of the LEMC, the Council makes the following findings regarding Development Agreement Amendment No. 2026-02:
1. It is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan.
The proposed development agreement amendment will continue to help offset the potential costs incurred by the City associated with the establishment of a cannabis facility within an industrial district. The project site’s General Plan Land Use designation is Limited Industrial (LI). The proposed project is consistent the LI land use designation and with the objectives, policies, general land uses and programs specified in the General Plan.
2. It is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located.
The proposed development agreement amendment will continue to facilitate the establishment of the cannabis facility within an existing industrial building. The cannabis facility has been in operation which includes manufacturing and storage uses consistent with other similar businesses within the Limited Industrial (LI) General Plan Land use designation and the Limited Manufacturing (M-1) Zoning designation.
3. It is in conformity with public convenience, general welfare and good land use practices.
The existing cannabis facility has been operating in a manner that has not resulted in negative impacts to the public and its general welfare. The proposed development agreement amendment will ensure the cannabis facility continues to have beneficial impacts to the surrounding community. Furthermore, the project has been reviewed and conditioned by all applicable City departments to reduce the potential for any adverse effects.
Ord. No. 2026-____
4. It will not be detrimental to the health, safety and general welfare.
The proposed development agreement amendment will not be detrimental to the health, safety, and general welfare of the community because the existing cannabis facility has been operation without negative impacts or concerns. The development agreement amendment will ensure the cannabis facility continues to operate in a safe manner.
Furthermore, the proposed project has been reviewed and conditioned by all applicable City departments to reduce the potential for any adverse effects to the health, safety, and general welfare.
5. It will not adversely affect the orderly development of property or the preservation of property values;
The cannabis facility is an existing business that has been operation without land use issues and has not caused adverse impacts for existing businesses and future developments. The proposed development agreement amendment will ensure the cannabis facility continues to operate as such.
6. It is consistent with the provisions of Government Code Sections 65864 through 65869.5.
The proposed development agreement amendment includes all mandatory provisions required by Government Code § 65865.2 and does not include any provisions that are not authorized by the Development Agreement Act.
Section 4: Approval. The City Council hereby approves the Development Agreement Amendment No. 2026-02 attached hereto as Exhibit A with such modifications as approved by the City Attorney. The Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, the Development Agreement Amendment on behalf of the City of Lake Elsinore. The City Clerk is directed to transmit the Development Agreement Amendment to the County Recorder for recordation no later than ten (10) days after the adoption of this ordinance.
Section 5: Severability. If any provision of this Ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end each phrase, section, sentence, or word is declared to be severable.
Section 6: Effective Date. This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31st) day after the date of adoption.
Section 7: Certification. The City Clerk shall certify to the passage of this Ordinance and shall cause a synopsis of the same to be published according to law Passed and Adopted on this day of ,2026.
Robert E. Magee,
Mayor
Ord. No. 2026-____
Attest:
___________________________________
Candice Alvarez, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, City Clerk of the City of Lake Elsinore, California, do hereby certify that the foregoing Ordinance No. 2026-_ _ was introduced at the Regular meeting of May 12, 2026 and adopted by the City Council of the City of Lake Elsinore, California, at a Regular meeting of , 2026, by the following vote:
AYES
NOES:
ABSTAIN:
ABSENT:
I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Lake Elsinore, California on the _____day of __________, 2026, and on the ______day of _________, 2026.
Candice Alvarez, MMC
City Clerk
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Attn: City Clerk
(Space Above Line For Recorder’s Use Only)
(Exempt from Recording Fees Per Gov. Code § 27383)
_______________ AMENDMENT TO
DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF LAKE ELSINORE
AND
___________________________________
Approved ___________ __, 2025
Ordinance No. 2025-_____
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______________ AMENDMENT TO
DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF LAKE ELSINORE
AND ________________________.
This _________ Amendment to Development Agreement (“Second Amendment”), dated for identification only as of May 20, 2025, is made by and between the City of Lake Elsinore, a California municipal corporation (“City”), and _______________, a California _______________ (“Developer”). This Amendment shall take effect on the “Amendment Effective Date,” as this term is hereafter defined. City and Developer may each be referred to herein individually as a “Party” or collectively as the “Parties.”
RECITALS
A. On ___________, ______, pursuant to Ordinance No. 20__-_____, the City approved and adopted that certain “Development Agreement by and between the City of Lake Elsinore and _____________________,” which Development Agreement was recorded on __________ in the Official Records of Riverside County, California as Instrument No. 20__- _____ (the “Development Agreement”).
B. [If applicable] On ___________, ______, pursuant to Ordinance No. 20__-_____, the City approved and adopted that certain, the City approved and adopted that certain “First Amendment To Development Agreement by and between the City of Lake Elsinore and _________________.,” which Development Agreement was recorded on _________ in the Official Records of Riverside County, California as Instrument No. 20__-_____ (the “First Amendment”).
C. In connection with the Developer Agreement [and the First Amendment], Developer acquired an equitable interest in that certain real property located at _______________________ in the City of Lake Elsinore, County of Riverside, State of California, Assessor Parcel Number ______________, which is within a manufacturing zoning district (the “Site”).
D. The Site is more particularly described in the Legal Description attached hereto as Exhibit A, and the Site is attached hereto as Exhibit B.
E. The total Cannabis Retail Business Floor Area (as defined below) is [ ] sq. ft. The total Non-Retail Cannabis Business Floor Area (as defined below) is [ ] sq. ft. The Floor Plan depicting the total floor area is attached hereto as Exhibit C.
F. Developer affirms that it has an equitable interest in the Site, evidenced by way of a lease with the Property Owner of the Site, [insert name].
G. The Property Owner have provided notarized written consent to the terms of this Amendment and the recordation thereof, attached hereto as Exhibit D.
H. Developer uses the Site for a Cannabis Business in accordance with California Cannabis Laws and the LEMC, as each may be amended from time to time (the “Project”). -2-
I. On __________ __, 2025, the City Council approved Ordinance No. 2025-____ amending the Lake Elsinore Municipal Code (“LEMC”) Chapter 17.156 to: (i) streamline the regulation of cannabis-related business; (ii) to limit the number of cannabis-related business in the City.
J. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the California Legislature adopted Government Code section 65864 et seq. (the “Development Agreement Statute”), which authorizes the City and an individual with an interest in real property to enter into a development agreement that establishes certain development rights in real property that is subject to a development agreement application.
K. Consistent with the requirements of the Development Agreement Statute, the City adopted LEMC, Chapter 19.12 (“Development Agreement Ordinance”), authorizing the use of and establishing the procedures and requirements for the consideration of development agreements within the City along with amendments thereto. LEMC, Section 19.12.020, provides for amendments to a development agreement “is the same as the procedure for entering into an agreement in the first instance.” LEMC, Section 19.12.010 requires submittal of an application along with information and supporting data as requested by the Director of Community Development for consideration of any development agreement. Developer has satisfied this requirement.
L. On _________ __, 2025, the City of Lake Elsinore Planning Commission held a duly noticed public hearing to consider the application for this __________ Amendment and recommended to the City Council approval of this Amendment.
M. On ___________ __, 2025, the City Council held a duly noticed public hearing to consider this ______ Amendment and found and determined that this ___________ Amendment:
(a) is consistent with the objectives, policies, general land uses, and programs specified in the City’s General Plan and any applicable specific plan; (b) is compatible with the uses authorized in, and the regulations prescribed for the Site and the surrounding area and will not adversely affect the orderly development of the Site or the preservation of property values; (c) is in conformity with public convenience, general welfare, and good land use practices; (d) will have an overall positive effect on the health, safety and welfare of the residents of and visitors to the City; and (e) constitutes a lawful, present exercise of the City’s police power and authority under the Development Agreement Statute and Development Agreement Ordinance.
N. Based on the findings set forth in Recital __herein, the City Council entered into this Amendment pursuant to and in compliance with the requirements of the Development Agreement Statute and the Development Agreement Ordinance; and did, therefore, in approving this Amendment introduce for first reading Ordinance No. 2025-___ (the “Enabling Ordinance”).
On __________ __, 2025, the City Council conducted the second reading of the Enabling Ordinance, thereby approving this Amendment to become effective thirty (30) days after the adoption thereof.
-3-
NOW, THEREFORE, in consideration of the mutual terms, obligations, promises, covenants, and conditions contained herein and for other valuable consideration, the sufficiency of which is hereby acknowledged, the Parties, and each of them, agree as follows:
SECTION 1. EXHIBITS
The Development Agreement has attached to it four exhibits designated alphabetically as Exhibit A through Exhibit D. Exhibits A through D of the Development Agreement shall remain in full force and effect except to the extent that the provisions of this Section 1 of the Second Amendment modify those Exhibits.
The following documents are referred to in this _______Amendment, attached hereto and incorporated herein by this reference:
Exhibit A Legal Description
Exhibit B Site Plan1
Exhibit C Floor Plan1
Exhibit D Property Owner’s Consent
1 The Approved Site Plan and Floor Plan exhibits are on file as a public record and available for review at the City of Lake Elsinore’s City Clerk’s Office located at 130 South Main Street, Lake Elsinore, CA 92530.
SECTION 2. REVISIONS TO DEFINITIONS
The words and phrases used in this ______Amendment as defined terms shall have the meaning set forth in Section 2 of the Development Agreement, except as added and/or modified below, which defined terms shall be applicable to both the Development Agreement and the ______Amendment.
“Amendment Effective Date” means the later of: (i) the latest date of execution shown on the signature page hereto; or (ii) the Effective Date of the Enabling Ordinance. The Amendment Effective Date does not amend the Effective Date as defined in the Development Agreement, nor does the Amendment Effective Date modify or change the “Term” or the “Term Commencement Date.”
“Cannabis Business License” or “Cannabis Business Permit” means the City license established and authorized by LEMC, Section 17.156.080, authorizing permissible Cannabis Business activity, which can only be issued upon City approval of a conditional use permit, development agreement, and Additional City Approvals for each proposed Cannabis Business activity project.
“Conditional Use Permit” means Conditional Use Permit No. ____-__ issued by the City to Developer pertaining to Developer’s original development of the Project and any subsequent amendments thereto. In the event that an amendment to the Conditional Use Permit -4-
pertaining to the Suite G Site has not been issued to the Developer as of the Amendment Effective Date, the City hereby reserves its discretion under the police power to approve, conditionally approve, or deny the issuance of any amendment to the Conditional Use Permit. “Development Regulations” means the following regulations as they are in effect as of the Effective Date and to the extent they govern or regulate the development of the Site, but excluding any amendment or modification to the Development Regulations adopted, approved, or imposed after the Effective Date that impairs or restricts Developer’s rights set forth in this Agreement, unless such amendment or modification is expressly authorized by this Agreement or is agreed to by Developer in writing: the City’s General Plan; any existing Specific Plan that include the Site, and, to the extent not expressly superseded by this Agreement, all other land use and subdivision regulations governing the permitted uses, density and intensity of use for obtaining required City permits and approvals for development, and similar matters that may apply to development of the Project on the Site during the Term of this Agreement that are set forth in Title 16 of the LEMC (Subdivisions), Title 17 of the LEMC (Zoning), except that Chapter 17.156 of Title 17 shall be as amended by Ordinance No. 2025-___, and Title 19 of the LEMC (Development). Notwithstanding the foregoing, the term “Development Regulations,” as used herein, does not include any City ordinance, resolution, code, rule, regulation, or official policy governing any of the following: (i) the conduct of businesses, professions, and occupations; (ii) taxes and assessments; (iii) the control and abatement of nuisances; (iv) the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; (v) the exercise of the power of eminent domain; or (vi) the California Building Standards Codes.
“Cannabis Retail Business Floor Area” means interior gross floor area allocated and dedicated to the retail operation of a Cannabis Retail Business and shall include but not limited to reception or entrance lobby area for customer check-in, retail product storage room(s), office(s), and other ancillary area(s) to support the retail operation (including cannabis delivery). “Cannabis Non-Retail Business Floor Area” means interior gross floor area allocated and dedicated to the cannabis non-retail operation(s) of a Cannabis Non-Retail Business, such as cultivation, distribution, manufacturing, and/or testing laboratory, and shall include but not limited to storage room(s) of finished and raw products, office(s), and other ancillary area(s) to support the non-retail operation(s).
SECTION 3. REVISIONS TO GENERAL PROVISIONS
In order to update certain renumbering of the Lake Elsinore Municipal Code, subparts e and f of Section 1.8 of the Development Agreement entitled Termination are hereby amended to read as follows.
e. abandonment of the Developer’s Conditional Use Permit pursuant to LEMC, Section 17.415.070(D), including the failure of the Developer to commence operation of the Project on the Site within the time presented following the approval of the Conditional Use Permit;
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f. suspension or revocation of Developer’s Conditional Use Permit pursuant to LEMC, Section 17.415.070(G);
In order to address the potential for Developer modifications to the square footage of area allocated to the Cannabis Retail Business and/or Cannabis Non-Retail Business, Section 1.9(a) of the Development Agreement entitled Operating Memoranda; Amendment of Agreement is hereby amended to read as follows.
a. Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between the City and the Developer. The Development of the Developer Property may demonstrate that clarifications to this Agreement and the Existing Land Use Regulations are appropriate with respect to the details of performance of the City and the Developer. To the extent allowable by law, the Developer shall retain a certain degree of flexibility as provided herein with respect to all matters, items and provisions covered in general under this Agreement, except for those which relate to the (i) term; or (ii) permitted uses. When and if the Developer finds it necessary or appropriate to make changes, adjustments or clarifications to matters, items or provisions not enumerated in (i) through (ii) above, the Parties shall effectuate such changes, adjustments or clarifications through operating memoranda (the “Operating Memoranda”) approved by the Parties in writing which reference this Section 1.9(a). Operating Memoranda are not intended to constitute an amendment to this Agreement but mere ministerial clarifications; therefore public notices and hearings shall not be required. The City Manager shall be authorized, upon consultation with, and approval of, the Developer, to determine whether a requested clarification may be effectuated pursuant to this Section or whether the requested clarification is of such character to constitute an amendment to this Agreement which requires compliance with the provisions of Section 1.9(b) below. The Parties agree that proposed changes to the Cannabis Retail Business Floor Area and/or the Cannabis Non-Retail Business Floor Area may be addressed by way of an Operating Memoranda and shall generally include and be evidenced by an updated Floor Plan (Exhibit C) reflecting such changes.
SECTION 4. REVISIONS TO COMMUNITY BENEFITS FEE
Section 4.2 of the Development Agreement entitled Community Benefits Fee is hereby amended to add the following subparts c and d:
c. Community Benefits Fee Upon the Amendment Effective Date.
Notwithstanding subparts (a) and (b) above, concurrent with the Amendment Effective Date, and on each anniversary thereafter, Developer shall make payment to the City pursuant to the following fee schedule:
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All Cannabis Business
activities
$[insert rate as of 6/30/25] per square foot
of area allocated to the Cannabis Retail
Business with an annual 4% increase but
in no event to exceed $25 per square foot;
and
$5 per square foot of area allocated to
Cannabis Non-Retail Business with no
annual increase as provided in subpart d.
Developer may elect to make payments of the Community Benefit Fee due on the Amendment Effective Date and each Adjustment Date (as defined herein) in up to 12 (monthly) equal installments, the first installment to be made on the Amendment Effective Date or Adjustment Date, as applicable. Installment payment plans shall be evidenced by separate agreements of the Parties.
d. Annual Increase. In order to account for the increasing cost of providing City services, the Community Benefits Fee set forth in Section 4.2(c) for any Cannabis Retail Business shall be increased annually commencing on each anniversary of the Amendment Effective Date (each of which day shall be continued to be referred to as an “Adjustment Date”) until said fee reaches $25 per square foot of Floor Area. Each Adjustment Date shall be continued to be numbered in sequence (e.g., Third Adjustment Date, Fourth Adjustment Date, etc.).
The annual increase shall not apply to the area allocated and dedicated to any Cannabis Non-Retail Business. Each such annual increase in the Community Benefits Fee shall be determined as follows:
Article 4 of the Development Agreement is hereby amended to add the following Section
4.5:
4.5 Tax Payment and Facility Payment Offset.
a. In the event that the voters of the City of Lake Elsinore approve a Cannabis business tax or any percentage of gross receipts based fee, Developer shall pay the amount established by any such measure or initiative (“Tax Payment”) in accordance with any procedure so established by the City, provided, however, that Developer shall be entitled to an offset, dollar for dollar, of such Tax Payment against the Community Benefit Fee then owing or, alternatively, if the Community Benefit Fee then owing is insufficient to fully satisfy the offset as provided herein, such unsatisfied offset shall be a credit against the payment of any future Community Benefit Fee until such offset is fully satisfied. b. In the event that the voters of the City of Lake Elsinore or the City Council approve a fee based on the square footage of premises where permitted commercial cannabis activities, Developer shall pay the amount established thereby -7-
(“Facility Payment”) in accordance with any procedure so established by the City, provided, however, that Developer shall be entitled to an offset, dollar for dollar, of such Facility Payment against the Community Benefit Fee then owing or, alternatively, if the Community Benefit Fee then owing is insufficient to fully satisfy the offset as provided herein, such unsatisfied offset shall be a credit against the payment of any future Community Benefit Fee until such offset is fully satisfied.
c. Imposition of a Tax Payment and/or a Facility Payment obligation by the City or the voters of the City of Lake Elsinore shall not relieve Developer of its obligation to pay the Community Benefit Fee except for the offset as set forth in Sections 4.5.a, 4.5.b, 4.5.c, and 4.5.d above.
SECTION 5. ADDITIONAL PROVISIONS
5.1 Release. In consideration for this ______________ Amendment and the provisions as set forth herein, and subject to the City Council approving/adopting this ______________ Amendment Developer, on behalf of itself and its respective successors, assigns, officials, directors, officers, employees, insurers, lenders, lien holders, attorneys, agents, and other representatives, do hereby release the City as any and all claims, actions and causes of action, obligations, liabilities, indebtedness, breaches of duty, claims for injunctive and other equitable relief, suits, liens, losses, costs or expenses, including attorney’s fees, of any nature whatsoever, known or unknown, fixed or contingent as of the Amendment Effective Date.
5.2 Counterparts. This ______________ Amendment may be executed in counterparts, each of which so executed shall be deemed an original, and such counterparts together shall constitute but one ______________ Amendment.
5.3 No Other Changes. Except as modified by this ______________ Amendment, the terms and conditions of the Original Development Agreement, remain in full force and effect and shall be incorporated as a part of and interpreted as one integrated agreement covering the subjects included therein. If there are any conflicts between the provisions of this ______________ Amendment and the original Development Agreement, the provisions of this ______________ Amendment shall control.
5.4 Recordation by City Clerk. Pursuant to Government Code Section 65868.5, within ten (10) days of execution of this ______________ Amendment by the Parties, the City Clerk shall record a copy with the Riverside County Recorder. Thereafter, pursuant to Government Code Section 65868.5, the burdens of the ______________ Amendment shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the Parties to the ______________ Amendment.
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IN WITNESS WHEREOF, the Parties have executed this ______________ Amendment as of the dates set forth below.
“CITY”
CITY OF LAKE ELSINORE,
a municipal corporation
Date: By:
Mayor
ATTEST:
By:
Candice Alvarez, MMC, City Clerk
APPROVED AS TO FORM:
By:
David Mann, Acting City Attorney
“DEVELOPER”
____________________________,
a ___________________
Date: By:
_______________, Its: ____________
STATE OF CALIFORNIA )
) §
County of )
On , before me, a
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 of Notary
(Affix seal here)
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA )
) §
County of )
On , before me, a
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 of Notary
(Affix seal here)
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA )
) §
County of )
On , before me, a
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 of Notary
(Affix seal here)
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.