City Council Resolution 2025-43
Tentative Tract Map No. 33536 – Amendment 1
or as approved by the City Engineer. Street cuts in any base course pavement shall require an asphalt cap of minimum thickness of two inches for a minimum width of one foot on either side of the trench, or as otherwise approved by the City Engineer. Street cut permits may be denied and alternate methods may be required for any construction within a street that was accepted by the City within the prior five years.
4.12 The streets shown:
A. Shall be constructed in conformance with the Summerwind Ranch Specific Plan and Environmental Impact Report (EIR), Addendum(s), mitigations measures and project design features therein, and City standards and policies;
B. Shall be dedicated as public streets;
C. Shall be constructed to Riverside County standards where other City standards are not provided;
D. All cul-de-sac streets shall be built within a 56-foot right-of-way with 36-feet curb to curb except at the bulb and transitions. Cul-de-sac bulbs may be offset and shall use a 48-foot right-of-way radius and a 38-foot curb radius;
E. All local streets shall be built within a 60-foot right of way with 40-feet curb to curb. Collectors and larger shall be constructed per the Summerwind Ranch Specific Plan;
F. Sidewalks, trails, paseos, and other streetscape features shall be constructed in conformance with the Summerwind Ranch Specific Plan; and
G. Improvements shall comply with the Americans with Disability Act (ADA) regulations applicable to public agencies and the latest changes thereto.
Engineering/
Planning
4.13 Plans and specifications for traffic signals shall be submitted for review and approval of the City Engineer. Traffic signals shall be installed as required by the Traffic Impact Mitigation program specified in the Summerwind Ranch Specific Plan and EIR, Addendum(s), and any subsequent traffic studies for the development of this project.
Engineering/
Planning
4.14 Prior to approval of improvement plans for any individual tract phase, the developer shall demonstrate to the satisfaction of the City Engineer, by providing a vertical and horizontal study, that said phase is consistent with design of the adjoining and surrounding areas
Engineering
4.15 No individual portion of the street improvement plans or the street light plans shall receive final approval until the entire respective plan set (for each tract phase) is approved. Construction of streets or other improvements shown on only a portion of a set of improvement plans may be allowed, but at the developer's risk.
Engineering
4.16 The developer shall construct accessible curb ramps per City standards at all street intersections to comply with the requirements of the Americans with Disabilities Act.
Engineering
City Council Resolution 2025-43
Tentative Tract Map No. 33536 – Amendment 1
4.17 The street system may be used to carry storm water runoff based on the following standards:
A. The street section shall contain the 25-year storm flow between the curbs. The maximum curb face height shall be 6-inches for all curb and gutter fronting a residential lot and a maximum 8-inches in all other areas;
B. The street section shall contain the 100-year storm flow within the right-of-way; and
C. Cross gutters are required at intersections, unless flows are intercepted by storm drains, to the satisfaction of the City Engineer.
Engineering
4.18 The design engineer shall call-out the points within the street system where the design storm water flows exceed the street capacity standards established in the aforementioned condition. Catch basins and connector pipes shall collect the storm drainage at all points within Tentative Tract Map 33536 – Amendment 1 where the storm drainage exceeds street capacity.
Engineering
4.19 Any required bus stops, paseos, or similar features shall be shown on the improvements plans for each phase.
Engineering/
Planning
4.20 The developer shall install street name signs, striping, and all related signage approved by the City at all intersections and locations deemed prudent by the City Engineer. All necessary signs, striping, and signage, or other in-lieu temporary measures during the construction period, as required for public safety shall be in place, per City and/or Caltrans Standards, prior to the issuance of the first building permit in each phase.
4.21 Prior to issuance of Building Permit, the applicant shall provide a trip generation tracking table demonstrating anticipated trips generated by each major phase of development as well as an associated report of completed improvements for review and acceptance by the City of Calimesa. This report shall demonstrate compliance with the assumptions contained within the TIA and ensure timely completion of assumed improvements. This includes improvements assumed to be constructed by others including the City. If, at any time, improvements assumed within the approved TIA, or acceptable alternatives necessary to meet capacity and safety standards as approved by the City of Calimesa, are not complete at the time of Page 2 of 2 acceptance of monitoring and status reports, the City may, at its discretion, refrain from issuance of a building permit.
4.22 Prior to issuance of building permit, the applicant shall pay all development impact fees, TUMF fees, transportation fees and fair-share contributions necessary for timely completion of improvements and support traffic in each phase. The applicant shall provide an updated engineering cost estimate for each improvement for which a fair-share is required for review and approval by the City of Calimesa and Caltrans as applicable. Such approved cost estimate will be the basis for payment of a fair-share. If improvements are altered or adjusted by the jurisdiction with control over such improvement at any time, the cost estimate and fair-share calculations will be based on the altered or adjusted improvement as necessary to provide sufficient capacity for planned development. The appropriate fair-share shall then be allocated and paid by the applicant
4.23 Prior to issuance of building permit for the respective phases of development listed below, the applicant shall construct the following project features.
City Council Resolution 2025-43
Tentative Tract Map No. 33536 – Amendment 1
4.24 Phase 2: Project to construct Roberts Road at its ultimate full section width as an Arterial (110-foot right-of-way) from the Project’s northern boundary to the Project’s southern boundary consistent with City standards.
4.25 Phase 2: Project to construct Street A at its ultimate full-section width as a Divided Collector (78-foot right-of-way) through the Project site consistent with City standards.
4.26 Phase 2: Project to construct Singleton at its ultimate half-section width as an Arterial (110-foot right-of-way) from Roberts Road to Street C consistent with City standards. Project to construct 12-feet of pavement on the south side of Singleton Road from Roberts Road to Street C to facilitate access.
4.27 Phase 3: Project to construct Street B at its ultimate full-section width as a Divided Collector (78-foot right-of-way) throughout the Project site consistent with City standards.
4.28 Phase 3: Project to construct Street C at its ultimate full-section width as a Divided Collector (78-foot right-of-way) throughout the Project site consistent with City standards.
4.29 Phase 3: Project to construct Singleton Road as a Major roadway (88-foot right-of-way) from Street C to San Timoteo Canyon Road consistent with City standards. Project to construct 12-feet of pavement on the south side of Singleton Road from Street C to San Timoteo Canyon Road to facilitate site access.
TRAILS AND PASEOS
4.30 Plans and specifications for paseos and trails shall be submitted concurrently in conjunction with parks plans street improvement plans, or on a separate plan.
Engineering/
Planning
4.31 The developer shall make reasonable efforts to provide pedestrian connections between the bulbs of cul-de-sacs and pedestrian connections to and from other paseos and trails shall be incorporated, where feasible.
Safety, cost, and compliance with the Americans with Disabilities Act shall be considered.
Engineering/
Planning
SINGLETON ROAD BRIDGE, WILDLIFE-WETLANDS CROSSING
4.32 The developer shall be responsible for the complete construction of (46-foot right-of-way) for the Singleton Road wetlands crossing. The developer shall be required to reach the following milestones in designing and constructing the wetlands crossing.
A. The developer shall make application to all Federal and State agencies for necessary permits prior to any building permit in Phase 2 of the Summerwind Ranch Specific Plan, Applications that require engineering design documents shall be made at the earliest possible time to facilitate the construction timing specified herein; B. The developer shall initiate design of the wetlands crossing and submit design plans to the City prior to the Resource Agencies.
C. The developer shall initiate design of the wetlands crossing prior to the first residential Building permit (including model homes) in Phase 2 of the Summerwind Ranch Specific Plan and shall provide updates to the City on a regular basis as to the status of the design. Sufficient time shall be included in the design schedule for public comment to be received regarding the proposed design aesthetics; and D. Prior to receiving the first residential Building permit in Phase 3 of the Summerwind Ranch Specific Plan, the developer shall have wetlands
City Council Resolution 2025-43
Tentative Tract Map No. 33536 – Amendment 1
crossing plans substantially complete and shall demonstrate to the City's satisfaction that they have a workable plan to fund the construction during the build-out of Phase 3A. The wetlands crossing shall be open for emergency traffic as a minimum prior to the first building permit in Phase 3B or as required by the mitigation measures of the adopted EIR, whichever is earlier.
ROBERTS ROAD BRIDGE
4.33 Pursuant to Section 8.6 Roberts Road Bridge of the Amended and Restated Development Agreement, the developer shall provide an analysis and contribute the fair share for the cost of construction of the Garden Air Wash Bridge at Roberts Road. The analysis determining the fair share contribution shall be approved by the City prior to the issuance of the first residential building permit in Phase 2. Should the adjacent project not have received tentative map approvals by Phase 2 in sufficient detail in order for the developer to complete a needs analysis and fair share estimate, the needs analysis and fair share analysis required at Phase 2 will be delayed until the issuance of the first building permit at Phase 4. The developer shall post a bond or provide the funds prior to the issuance of the first building permit in Phase 4. In the event the developer has posted a bond and construction is ready to begin, the developer shall substitute funds for the bonds within 90 days. In the event that the improvement is determined to be needed prior to Phase 4 for the needs of others, the developer shall participate in a reimbursement agreement. (ENG)
WATER
4.34 Prior to final map recordation, the developer shall either install or bond for the installation of water production, transmission, and storage facilities in accordance with the approved water supply assessment for each phase.
These facilities shall include, but are not limited to, the construction and/or participation of reservoirs in Pressure Zones 10, 11, and 12, subject to the terms of a service agreement with the Yucaipa Valley Water District.
Developer shall provide written confirmation from YVWD that all Project requirements have been satisfied.
Engineering/
YVWD
4.35 Prior to final map recordation, the developer shall either install or bond for the installation of both potable water and recycled water facilities required for each phase by the Yucaipa Valley Water District to each residential and commercial lot within the development to provide sufficient water for compliance with SB 221 and SB 610. The developer shall be responsible for connecting to the existing recycled (non-potable) water system. Developer shall provide written confirmation from YVWD that all Project requirements have been satisfied.
Engineering/
YVWD
4.36 All lots shall be served by adequately sized and individually metered water services.
Engineering/
YVWD
4.37 The water mains shall be of sufficient size to accommodate the total domestic and fire flow required for the land division. Domestic flow requirements shall be determined by Yucaipa Valley Water District. Fire flow requirements shall be determined by the Fire Chief.
Engineering/
Fire
City Council Resolution 2025-43
Tentative Tract Map No. 33536 – Amendment 1
4.38 Plans and specifications for the water system facilities shall be submitted for approval to the Yucaipa Valley Water District serving this land division. The developer shall submit written evidence, satisfactory to the City Engineer, indicating that the developer has satisfied all Yucaipa Valley Water District requirements guaranteeing payment and installation of the water improvements.
Engineering/
YVWD
4.39 Prior to the filing of the final map, there shall also be filed with the City Engineer, a statement from Yucaipa Valley Water District indicating the developer is in compliance with the Fire Chiefs fire flow requirements.
Engineering/
YVWD/Fire
4.40 The developer shall provide recycled water distribution facilities, including mainline piping systems with stub-outs to allow future implementation and connections by the "guest" or merchant builders related to Tentative Tract Map 33536 – Amendment 1. The developer and the various "guest" or merchant builders shall provide adequate service connections for domestic and commercial users in compliance with the requirements of the Summerwind Ranch Specific Plan.
Engineering/
YVWD
4.41 The landscaping and the safety fencing at the water tanks (reservoirs), located in Phase 3 on Tentative Tract Map 33536 – Amendment 1, shall be improved in conformance with the Summerwind Ranch Specific Plan. The City of Calimesa Planning Department shall review the aesthetic components of all submitted landscaping and fencing designs to assure compliance with the intent of the Summerwind Ranch Specific Plan requirements.
Engineering/
Planning
STORM DRAINS
4.42 The portions of the Tentative Tract Map 33536 – Amendment 1 storm water control system not bonded for by the developer (and its successors, etc.) shall be the construction obligation of the merchant builder.
Engineering
4.43 All storm drains 36 inches in diameter or less and all outfall basins shall be designed and constructed to Riverside County Flood Control and Water Conservation District (RCFCWCD) Standards and maintained by the City of Calimesa, except as modified by separate agreement between the developer and the City of Calimesa. The maintenance of all Water Quality Management Plan (WQMP) basins, "first flush basins", and related terrace drains, etc. shall be the sole responsibility of the Homeowners’ Association, except as modified under separate agreement between the developer and the City.
Engineering
4.44 All storm drains more than 36 inches in diameter, and structures proposed for maintenance by Riverside County Flood Control and Water Conservation District (RCFCWCD) for detention, retention, or debris basins, shall be designed and constructed to RCFCWCD standards. All plan sets related to any (RCFCWCD) facilities shall be reviewed, checked, and approved by said District prior the recordation of the final map of Tract 33536 – Amendment 1.
The maintenance of all Water Quality Management Plan (WQMP) basins, "first flush basins", and related terrace drains, etc. shall be the sole responsibility of the Homeowners’ Association even if said facilities drain into RCFCD-controlled drainage ways.
Engineering
SEWER
City Council Resolution 2025-43
Tentative Tract Map No. 33536 – Amendment 1
4.45 Approval of this land division and all subsequent land divisions is contingent upon the developer's installation of trunk line public sewers within the proposed public streets. Local main line sewer piping and separate house laterals shall be constructed to serve each lot by the "guest" or merchant builders within Tentative Tract Map 33536 – Amendment 1 and all future tracts, phases, units, and parcel maps.
Engineering/
YVWD
4.46 Plans and specifications for the sewer system facilities shall be submitted for approval to the Yucaipa Valley Water District for review and approval. The developer shall submit written evidence, satisfactory to the City Engineer, indicating that the developer has satisfied Yucaipa Valley Water District requirements guaranteeing payment and installation of the sewer improvements. The developer shall provide the sewer plans to the City for reference.
Engineering/
YVWD
MISCELLANEOUS UTILITIES
4.47 Electrical power, telephone, cable television, and other miscellaneous services (e.g., natural gas, fiber optics, etc.) shall be installed underground with said services available to each lot.
Engineering/
YVWD
4.48 The Design Engineer's proposed resolution of all existing vs. proposed utility conflicts and "changed-condition" issues related to the construction of the improvements of Tentative Tract Map 33536 – Amendment 1 shall be submitted to the City Engineer for approval. Construction work in the area of the conflict shall stop until the City Engineer approves the proposed solution to the conflict.
Engineering/
YVWD
4.49 Any existing utilities within the Summerwind Ranch Specific Plan or areas adjacent thereto that are in conflict with any utilities proposed for Tentative Tract Map 33536 – Amendment 1 shall be relocated at the developer's expense. The final disposition of the utility conflict in question will be to the mutual satisfaction of the utility owner and the City Engineer.
Engineering/
YVWD
LIGHTING
4.50 All project lighting shall be in accordance with applicable Calimesa Municipal Code standards per Number 4 on Page 11 1-9 of the Specific Plan or the Riverside County Department of Transportation Guidelines, as deemed appropriate by the City Engineer. Lighting details and specifications shall be included on street improvement plans or separate plan (i.e., park plans or other), in accordance with the City Engineer's recommendation. All lighting, including street lighting, shall be consistent with the requirement of the Specific Plan relating to low impact lighting in general and particularly where adjacent to open space and conservation lands and parks. All lighting that has the potential to impact wildlife corridors (such as lighting along trails and within designated park areas) shall be of an intensity that is sensitive to wildlife. The use of solar-powered lighting fixtures within designated trails and park areas shall be considered by the developer. For local streets, street lights shall be located at intersections, cul de sacs, and knuckles. Lights in cul-de-sac shall be placed near the BC of the bulb.
Engineering
CONSTRUCTION PLANS
City Council Resolution 2025-43
Tentative Tract Map No. 33536 – Amendment 1
4.51 Prior to construction of any improvements within Tentative Tract Map 33536 – Amendment 1 and all subsequent tracts, phases, units, and parcel maps related to or based on Tentative Tract Map 33536 – Amendment 1, a construction signage and striping plan (based on the W.A.T.C.H. Manual) shall be submitted, for review and approval by the City Engineer. No construction shall be allowed prior to the approval of the requisite construction signage and striping plans.
Engineering
4.52 A 24-inch by 36-inch reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation shall be required.
Engineering
4.53 Construction signage and striping shall be included as a line item in the Engineer's Estimate for bonding purposes. This condition applies to Tentative Tract Map 33536 – Amendment 1 and all subsequent tracts, phases, units, and parcel maps related to or based on Tentative Tract Map 33536 – Amendment 1.
Engineering
4.54 A line item shall be included in the Engineer's Estimate for the personnel needed for twenty-four hour seven days per week (24/7) for tending and maintaining all construction signage and safety apparatus. The personnel shall be available as "on call" with a maximum response time to arrive at the Summerwind Ranch Specific Plan job site of one hour during normal working hours and two-hours outside normal working hours. The telephone numbers for the "on-call" person shall be publicly available at the Riverside County Sheriff’s Department Substation in Calimesa and at the City of Calimesa Fire Station at Calimesa. This condition applies to Tentative Tract Map 33536 – Amendment 1 and all subsequent tracts, phases, units, and parcel maps related to or based on Tentative Tract Map 33536 – Amendment 1. The City of Calimesa's construction inspectors shall have the authority to stop the work in progress until the safety signage/lighting has been restored to a condition acceptable to said inspector.
Engineering
PUBLIC AGENCY FACILITIES
5.01 Prior to the recordation of the first final map, the developer shall secure the written approval from the Yucaipa Valley Water District regarding the public facility site within the tract boundaries. The approval shall specifically address the site's use size, configuration, characteristics, access, and utility service requirements.
Engineering/
YVWD
5.02 Prior to the recordation of the final map in which a public facility site is located, the developer shall arrange for the conveyance of the site to the appropriate agency by deed or dedication.
Engineering
5.03 In the event that the Beaumont Unified School District elects to not acquire one or both school site(s) within Tentative Tract Map 33536 – Amendment 1, the developer shall submit a letter from the District releasing the site(s) for residential development. The development of released school sites shall conform to the Summerwind Ranch at Oak Valley Specific Plan, which sets forth the maximum number of dwelling units per site and regulations for the development of single-family residential units that are consistent with the development standards for "Manors".
Planning
5.04 Fire Station Facilities: See Development Agreement. Planning
YUCAIPA VALLEY WATER DISTRICT
City Council Resolution 2025-43
Tentative Tract Map No. 33536 – Amendment 1
6.01 The developer shall demonstrate compliance with all requirements of the Yucaipa Valley Water District.
Engineering/
YVWD
6.02 Prior to recordation of the first final map or the issuance of the first rough grading permit, the developer shall provide a letter from the Yucaipa Valley Water District to the City Engineer indicating the District's concurrence with the specific location, character, and dimensions of YVWD sites shown on the tentative map.
Engineering/
YVWD
6.03 The Yucaipa Valley Water District requires the property transfer of two (2) groundwater extraction well sites (minimum size of 83’x160’) in locations to be mutually agreed upon.
YVWD
RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
7.01 If this project proposes channels, storm drains 36 inches or larger in diameter or other facilities that could be considered regional in nature, the District would consider accepting ownership of such facilities on written request of the City. Facilities must be constructed to District standards, and District plan check and inspection will be required for District acceptance. Plan check, inspection and administrative fees will be required.
Engineering
CITY OF CALIMESA FIRE DEPARTMENT
8.01 Fire hazard severity zone: this project is in a very high fire hazard severity zone (VHFHSZ). This is a high fire hazard brush area. This project shall comply with the materials and construction methods for exterior wildfire exposure per the 2022 CBC, Chapter 7A (or most recently adopted CBC).
Fire
8.02 Fuel break: a fuel break of one hundred (100) feet brush and weed clearance is required prior to construction. The clearance shall be maintained on a year-round basis.
Fire
8.03 Fuel modification: a fuel modification zone plan shall be required for this project. Requirements shall be site specific to this project. The applicant shall submit plan to the fire department for review and comments or approval.
Maintenance provisions of the greenbelt or fuel modification zones shall be submitted to the fire prevention department for review and comments or approval.
Fire
8.04 Additional fuel modification: an additional fuel modification zone of 100 feet shall be provided on all side(s) of the proposed structure(s). Fuels in this zone are to be thinned and/or removed or otherwise modified to provide a reasonable level of fire defense protection to the proposed structure(s).
Fire
8.05 Smoke alarms: smoke alarms shall be installed per manufacturer’s instructions and in accordance with the 2019 CRC, Section R314. Smoke alarms shall be installed in each sleeping room and outside each separate sleeping area in the immediate vicinity of the bedrooms.
Fire
8.06 Carbon monoxide alarms: carbon monoxide alarms shall be installed per manufacturer’s instructions and in accordance with the 2019 CRC, section R315. Carbon monoxide alarms shall be installed outside of each separate sleeping area in the immediate vicinity of the bedrooms, on every occupiable level of a dwelling unit, including basements. Where a fuel-burning appliance is located within a bedroom or its attached bathroom, a carbon monoxide alarm shall be installed within the bedroom. Only if mixed fuel home. (i.e.
Fire
City Council Resolution 2025-43
Tentative Tract Map No. 33536 – Amendment 1
The dwelling unit contains a fuel-fired appliance or fireplace, or has an attached garage with an opening that communicates with the dwelling unit).
8.07 Fire flow test: provide a current fire flow test report from water purveyor showing there is a water system capable of delivering the minimum fire flow requirements by the 2019 CFC section 507.3, 507.4, and Appendix B.
Fire
8.08 Site plan: prior to building plan approval and construction, the applicant/developer shall provide two copies of a site plan showing the locations of the nearest fire hydrant(s) to the proposed building(s), and provide the distances (dimensioned) of the fire hydrant(s) to the furthest portion of the building(s), measured along an approved route around the exterior of the building.
Fire
8.09 Fire hydrants: provide fire hydrant(s) within 400 feet of all portions of the exterior of all buildings per the 2019 CFC, section 507.5.1. Exception: for group R-3 and group U occupancies, equipped throughout with an approved automatic sprinkler system installed in accordance with section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the distance requirement shall be not more than 600 feet.
Fire
8.10 Fire sprinkler system: all new one- and two-family dwellings shall have an automatic fire sprinkler system regardless of square footage, designed and installed in accordance with the 2019 CRC and/or 2016 NFPA 13D. New accessory dwelling units shall have an automatic residential sprinkler system when the existing house has an automatic residential sprinkler system.
Existing houses without an automatic residential sprinkler system adding an accessory dwelling unit are not required to provide an automatic residential sprinkler system.
Fire
8.11 Address identification: address numbers shall be placed on all new and existing residential buildings in such a manner as to be plainly visible and legible from access roadway/street, in accordance with the 2019 CRC, section R319.1.
Fire
8.12 Fire apparatus access road: approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction.
a. The fire apparatus access road shall comply with the requirements of the 2019 CFC, Section 503 and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. The applicant or developer shall include in the building plans the required fire lanes and include the appropriate lane printing and/or signs.
b. Dimensions: fire apparatus access roads shall have an unobstructed width of not less than 24 feet, exclusive of shoulders, except for approved security gates in accordance with the 2019 cfc section 503.6 and riverside county ordinance no. 787, and unobstructed vertical clearance of not less than 13 feet 6 inches.
Surface fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus of 80,000 pounds and shall be surfaced so as to provide all-weather driving capabilities. Roadways shall have a minimum 48 foot outside turning radius. Dead end access road shall not exceed 150 feet in length.
Fire
8.13 The main electrical panel and all sub-panel(s) shall be labeled on inside cover for all circuits.
Fire
City Council Resolution 2025-43
Tentative Tract Map No. 33536 – Amendment 1
8.14 An approved spark arrestor shall be installed and visible from the ground, spark arrester shall be of stainless steel, copper or brass, woven galvanized wire mesh, twelve (12) gauge, nineteen (19) gauge galvanized wire or twenty four (24) gauge stainless steel, and minimum of 3/8” and 1/2” maximum openings.
Fire
8.15 A solid core, self-closing and latching door shall be installed between garage and living space.
Fire
8.16 Water heater (fuel fired) shall be properly vented to exterior of structure.
Water heater shall be seismic strapped to wall and be located 18” above a garage floor.
Fire
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS (CC&RS)
9.01 Prior to the recordation of the first final map, all organizational documents for a Master Homeowner's Association for the entire project and SubAssociation(s) for applicable project phase, including Covenants, Conditions, and Restrictions (CC&Rs), shall be submitted to and approved by the City Engineer. The developer is responsible for costs associated with the review of these documents. The approved CC&Rs shall be recorded concurrently with recordation of the final map. A certified copy of the final documents shall be submitted to the City Engineer within five (5) days after their recordation.
These provisions shall include, but not be limited to, the following:
A. No dwelling unit in the development shall be sold or a Certificate of Occupancy issued, unless a homeowners association has been legally formed with the right to assess all these properties which are jointly owned or benefited to operate and maintain all other mutually available features of the development including, but not limited to, landscape lots, utilities, and lots for fuel modification purposes.
B. The City shall be identified in the CC&R provisions for enforcement purposes of those CC&R provisions in which the City has interest, as reflected in the following provisions. However, the City shall not be obligated to enforce the CC&Rs.
C. Association bylaws must be established.
D. Provisions for effective ownership, operation, maintenance, and use of all areas listed on Table Ill-3 of the Summerwind Ranch at Oak Valley Specific Plan to be owned or maintained by the Master or Sub-Homeowners' Association.
E. Membership in the homeowners association shall be inseparable from ownership in individual lots.
F. Architectural controls shall be provided and may include, but not be limited to, provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as patios, sunshades, trellises, gazebos, awnings, exterior mechanical equipment, television and radio antenna, consistent with the Summerwind Ranch Specific Plan. These controls shall also include all restrictions on privately or commonly owned lots that are affected by the Fuel Modification Plan to be reviewed and approved by the City of Calimesa Fire Prevention Department.
G. Maintenance standards shall be provided for applicable items listed in Section D (above). Examples of maintenance standards are shown below:
Engineering/
City Attorney
City Council Resolution 2025-43
Tentative Tract Map No. 33536 – Amendment 1
1. All common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, debris, and weeds. All trees and shrubs shall be trimmed so they do not impede vehicular or pedestrian traffic. Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have excessive droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures.
2. All private roadways, sidewalks, and open space areas shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations, and debris on travel ways shall be removed or repaired promptly.
3. Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare.
H. Homeowners association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Calimesa Community Development Department. All plans for exterior improvements shall conform to requirements set forth by the City and the CC&Rs.
I. Provisions regarding parking shall be included in the CC&Rs, including the following:
1. All single-family residential units are required to maintain a twocar garage in accordance with the provisions of the Summerwind Ranch Specific Plan. Ali multiple-family
residential units shall maintain parking spaces in accordance with the development standards within the Specific Plan.
2. Residents shall not store or park any non-motorized vehicles, trailers, or motorized vehicles that exceed 7 feet high, 7 feet wide, and 19 feet long in any parking space, driveway, or private street area except for the purpose of loading, unloading, making deliveries, or emergency repairs except that the homeowners association may adopt rules and regulations to authorize exceptions.
3. Residents shall park vehicles in garage spaces. Storage of items may occur in the garages only to the extent that vehicles may still be parked within the required garage spaces.
4. Trash and recycling bins shall only be displayed on trash pickup days
J. Maintenance of all common areas, landscape lots, fuel modification lots, paseos, trails, and implementation of the Oak Tree Preservation Plan by Public Benefit Corporation
K. A program and/or staff for preventative maintenance of major manufactured slope areas, unless otherwise provided for by alternate means approved by the City.
L. The CC&R's, Public Benefit Corporation, or another legal instrument approved by the City Engineer, shall require the
City Council Resolution 2025-43
Tentative Tract Map No. 33536 – Amendment 1
property owner, successors, tenants (if applicable), and assigns to operate and maintain in perpetuity any postconstruction BMP's described in the approved Water Quality Management Plan for the project.
M. All utility services serving the site shall be installed and maintained underground.
N. The homeowners association shall be required to file the names, addresses, and telephone numbers of at least one member of the homeowners association board and/or, where applicable, a property manager of the project before January 1st of each year with the City for the purpose of contacting the association in the case of emergency or in those cases where the City has an interest in CC&R violations.
O. The homeowners association shall be responsible for establishing and following procedures for providing access to public utilities for maintenance of their facilities within the project area, subject to those agencies' approval; and
P. No amendment to alter, modify, terminate, or change the homeowners association's obligation to maintain the common areas and the project perimeter wall or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate, or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be permitted without the prior written approval of the City Engineer
HOMEBUYER NOTIFICATION
10.01 Prior to recordation of the final map, the developer shall submit to the Community Development Department for review and approval a homebuyer notification document that includes the notifications listed below. The merchant builder shall be responsible for obtaining the signature of each homebuyer prior to the sale of a home and producing the signed form, upon request of the City.
A. A notice that there are Covenants, Conditions, and Restrictions that regulate the property;
B. A notice for the presence of open space in the vicinity and the potential for wildland fires;
C. A notice for the presence of wetlands and a wildlife corridor in the vicinity;
D. A notice that homeowner slope maintenance requirements may be an obligation of home ownership; and,
E. A notice that all landscaping watering is to be done with recycled water pursuant to rules, regulations, and enforcement by the Yucaipa Valley Water District,
Planning
FEES AND FINANCING MECHANISMS
11.01 Developer shall annex into the City-wide CFD for police, fire, paramedic and park services, or in the alternative provide financial contribution in an amount and manner acceptable to the City Engineer or designee to pay for such services. Should Developer utilize the City-wide CFD to finance such services, prior to transfer of parcels or occupancy release, as determined by the City Engineer or designee, the subdivider shall be required to complete the procedures for the annexation of the subdivision property into the City’s Engineering/
Finance Dept
City Council Resolution 2025-43
Tentative Tract Map No. 33536 – Amendment 1
existing Community Facilities District known as “City of Calimesa Public Services Communities Facilities District No. 1 (Law Enforcement, Fire, Paramedic, and Park Maintenance Services)” (the “Services CFD”). This annexation shall be for the purpose of providing funding for police, fire, paramedic and park maintenance services. In connection with this requirement if the CFD financing mechanism is utilized, the subdivider shall be required to consent to the annexation of the subdivision into the Services CFD and agrees to waive and shall waive the right to protest said annexation, and the related special tax and to otherwise cooperate with and timely comply with related steps and actions required to complete the annexation.
Developer is required to provide for the perpetual maintenance of the following items: [1) Public street parkway and median landscaping and irrigation; 2) City owned drainage facilities, basins, and appurtenances; 3) public parks; 4) public paseos and trails (including signing, monumentation and fencing); 5) street lights; 6) other mutually acceptable facilities. Our model contained the following language: 1) Landscaping and maintenance of public and/or common areas within the subdivision that are not otherwise intended to be privately maintained by the property owners in the subdivision]; 2) Onsite drainage facilities including storm drain pipes, inlets, concrete v-gutters, curb and gutters, modular wet land systems, underground chambers; 3) On-site private sewer and water facilities; 4) On-site drive aisles, parking areas, signing and striping, landscaping, walls, and fences; 5) Maintenance responsibilities to comply with the approved Water Quality Management Plan (WQMP) and continuing maintenance of the Best Management Practices. Developer may finance all or a portion of the provision of such maintenance through use of a property owner association (POA), homeowner association (HOA) or financing district mechanism, as determined by and acceptable to the City Engineer in its sole discretion. The financing district mechanism includes the annexation to City of Calimesa Community Facilities District No. 2018-1 (Summerwind Trails) (“CFD No. 2018-1”), for services for the provision of such services or maintenance. The subdivider shall complete the procedures for annexation into CFD No. 2018-1 prior to the recordation of final map of each phase or the transfer or occupancy, as determined by the City, of property within the subdivision. If the determination is for a POA or HOA, evidence of a POA or HOA and its covenants, conditions, and restrictions shall be provided to and approved by the City Engineer or designee, in its sole discretion. In connection with use of a financing district mechanism, the subdivider shall be required to consent to the annexation of the subdivision into CFD No. 2018 and agrees to waive and shall waive the right to protest said annexation, and the related special tax and to otherwise cooperate with and timely comply with related steps and actions required to complete the annexation to such financing district.
Engineering/
Finance Dept
11.02 Fees (Community Facilities District, Transportation Uniform Mitigation Fees, Development Impact Fee Credits): See Development Agreement.
City Council Resolution 2025-43
Tentative Tract Map No. 33536 – Amendment 1
Acknowledgement and Agreement to Conditions of Approval As the Property Owner and Applicant(s) I (we) do hereby acknowledge that these Conditions of Approval have been read, fully understood and are hereby accepted. ______________________________ ______________________________ Applicant Signature Date
______________________________ ______________________________ Property Owner Date
City Council Resolution 2025-43
Tentative Tract Map No. 33536 – Amendment 1
Exhibit C
Yucaipa Valley Water District Service Evaluation
Chris Mann
Division 1
Nyles O’Harra
Division 2
Jay Bogh
Division 3
Lonni Granlund
Division 4
Joyce McIntire
Division 5
12770 Second Street • Post Office Box 730 • Yucaipa, California 92399-0730 (909) 797-5117 • Fax: (909) 797-6381 • www.yvwd.us
June 14, 2022
Preliminary Project Service Evaluation
Expiration Date: June 14, 2023
Project: Summerwind Trails Phases 2 - 5
Project Number: Elements Project ID: 180, Task No: 97374 Applicant:
Jen SoCal 1, LLC
Attn: Paul Onufer
556 S. Fair Oaks Ave. #337
Pasadena, CA 91105
Developer (Owner):
Jen SoCal 1, LLC
Attn: Paul Onufer
556 S. Fair Oaks Ave. #337
Pasadena, CA 91105
Copies to:
Jen SoCal 1, LLC
Attn: Paul Onufer
556 S. Fair Oaks Ave. #337
Pasadena, CA 91105
Kelly Lucia, Planning Manager
City of Calimesa
908 Park Avenue
Calimesa, California 92320
Project Location: Southwest of Interstate 10, Singleton Road, and Roberts Road
Parcel Map Number: 38212 and 31922
Gross Land Area 1140.08 Acres
Drinking Water Provider: Yucaipa Valley Water District
Recycled Water Provider: Yucaipa Valley Water District
Sewer Service Provider: Yucaipa Valley Water District
This Preliminary Project Service Evaluation authorizes the appropriate land-use and planning entity to complete the recordation process for the proposed Project.
Once the specific Project concepts are completed and provided to the Yucaipa Valley Water District, a Development Agreement will be prepared outlining the specific requirements for drinking water, sewer, and recycled water service. The Development Agreement will need to be fully executed by the Yucaipa Valley Water District and the Applicant/Developer prior to the issuance of any building permit.
Preliminary Project Requirements
The District has not received all of the necessary information from the Applicant/Developer to fully evaluate the proposed Project at this time. Therefore, the Applicant should be aware that the following partial list of conditions may not represent the final requirements and conditions for this Project.
1. This Preliminary Project Service Evaluation provides the anticipated service requirements for receiving service from the Yucaipa Valley Water District. This letter may be used to support the recordation of the map, but shall not be used to obtain building permits, or to acquire vested rights related to water and/or sewer service. The provision of water and/or sewer service is contingent upon the Applicant/Developer meeting the requirements of the Yucaipa Valley Water District as provided in a Development Agreement which shall be executed before the issuance of any building permits related to this Project.
2. The Yucaipa Valley Water District recognizes that service conditions, market environment, environmental factors, and regulatory requirements are subject to changes. Therefore, this Preliminary Project Service Evaluation will expire 12 months from the date of this letter as identified above if a Development Agreement has not been executed before the expiration date.
3. Approved water and sewer construction drawings expire one year after their respective approval date. The Applicant/Developer will need to resubmit drinking water, recycled water, and sewer plans for re-evaluation one year after the plans have been approved and signed.
4. The Applicant must comply with the most current rules, regulations, policies, design criteria, and construction standards of this District, as they are amended or may hereafter be amended, whether written or otherwise in effect at the time of construction.
5. Full compliance with all rules, regulations, procedures, and Development Agreements are necessary to receive Certificates of Compliance from the land use or permitting authority.
6. Within the service area of the Yucaipa Valley Water District are other water-related facilities owned by private companies and the State of California. It is the responsibility of the Applicant to determine the impact of these facilities upon the proposed Project.
7. Slopes, walls, and structure overhangs are not allowed within any existing or proposed water or sewer easements. All existing and proposed sewer and water easements shall be a minimum of 20-feet wide with all-weather roadway surfaces and consistent with the latest District standards. Adequate separation must be maintained to ensure the integrity of all existing facilities.
8. The Applicant should review the Yucaipa Valley Water Districts Standards and Drawings for Drinking Water, Sewer, and Recycled Water Facilities to become familiar with general design and construction requirements.
9. The Yucaipa Valley Water District will not allow existing or proposed water or sewer facilities within the proximity of on-site stormwater detention basins without adequate mitigation and protection. The Applicant should coordinate the location of the on-site detention basins with the Engineering Department.
10. The Yucaipa Valley Water District has not reviewed the projected drinking water, recycled water, or sewer demand projections for this Project. The anticipated system demands will modify the preliminary requirements for on-site and off-site facilities. The Applicant should schedule a meeting to discuss this issue.
11. The Yucaipa Valley Water District has not reviewed the projected fire flow requirements for this Project. The fire flow demands will modify the preliminary requirements for on-site and off-site facilities. The Applicant should schedule a meeting to discuss this issue.
12. To properly conduct a review of the proposed infrastructure needed for this Project, the Applicant shall provide utility drawings for other facilities/infrastructure that may cause interference with the existing/proposed water and sewer facilities. These conflicts may include, but not be limited to detention basins, storm drains, electricity, gas, cable, etc.
13. All permits related to water and sewer facilities by other entities shall be at the expense of the Applicant.
14. The Applicant will be responsible for all fees and charges as established by the District for this Project, including, but not limited to the advanced payment of deposits for plan check and inspection of water and sewer related facilities. The Developer shall be responsible for the actual cost of plan check and inspection services required for the Project. Plan check and inspection deposits are typically 10% of the infrastructure construction cost.
A. Before executing a Development Agreement, the District will require an initial deposit from the Development based on the schedule below:
i. An initial deposit of $2,500 and a minimum balance of $1,000 for a Project that involves the construction of 1 to 2 proposed structures; ii. An initial deposit of $5,000 and a minimum balance of $2,000 for a Project that involves the construction of 3 to 5 proposed structures; iii. An initial deposit of $10,000 and a minimum balance of $3,000 for a Project that involves the construction of 6 to 20 proposed structures; iv. An initial deposit of $25,000 and a minimum balance of $5,000 for all other Projects.
B. The minimum balance identified above will be evaluated by the District throughout the Project to make sure the minimum balance is available in the Project account before the District staff completing any Project related task or activity.
15. The Applicant shall be responsible for ensuring the property is within the service boundary of the Yucaipa Valley Water District before the approval of a development agreement with the Yucaipa Valley Water District. All costs related to annexation proceedings shall be the responsibility of the Applicant.
16. This Preliminary Project Service Evaluation does not provide a vested right, guarantee, or commitment of water or sewer related services from the District.
17. The District reserves the right to deny water and/or sewer service to the Project if any of the conditions contained in this letter and/or the Development Agreement are not satisfied.
18. Each parcel must be directly adjacent to the Yucaipa Valley Water District infrastructure that is used to provide service to the parcel.
Special Conditions:
A. Preliminary Potable Water and Non-Potable Water Requirements: The District has not received all of the necessary information to fully evaluate the proposed Project at this time. Therefore the Applicant should be aware that the following partial list of conditions is not representative of the final requirements and conditions for this Project.
i. Potable water will need to be extended on-site and off-site to meet the needs of this project.
ii. Recycled water will need to be extended on-site and off-site to meet the needs of this project.
B. Preliminary Wastewater Requirements: The District has not received all of the necessary information to fully evaluate the proposed Project at this time. Therefore the Applicant should be aware that the following partial list of conditions is not representative of the final requirements and conditions for this Project. i. On-site and off-site sewer infrastructure will be required to meet the needs of this project.
C. Preliminary Construction Water Requirements: The District has not received all of the necessary information to fully evaluate the proposed Project at this time.
Therefore the Applicant should be aware that the following partial list of conditions is not representative of the final requirements and conditions for this Project. i. Construction water will be provided by the District for all phases of construction for the project. Construction water will be metered by the District at the established POC and Intermittent construction meetings may be required between the District and Jen SoCal 1, LLC for construction water locations during construction phasing.
June 14, 2022
Dustin Hochreiter, Senior Engineering Technician Date
Copies to:
Jen SoCal 1, LLC
Attn: Paul Onufer
556 S. Fair Oaks Ave. #337
Pasadena, CA 91105
Kelly Lucia, Planning Manager
City of Calimesa
908 Park Avenue
Calimesa, California 92320
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RESOLUTION NO. 2025-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA APPROVING TENTATIVE PARCEL MAP 38212 FOR FINANCE AND
CONVEYANCE PURPOSES, A PROPOSAL FOR A FINANCE AND
CONVEYANCE SUBDIVISION MAP FOR PHASE 2 OF THE
SUMMERWIND RANCH AT OAK VALLEY SPECIFIC PLAN
(AMENDMENT 5) LOCATED AT THE INTERSECTION OF ROBERTS
ROAD AND SINGLETON ROAD
WHEREAS, Paul Onufer on behalf of Jen SoCal 1, LLC (the “Applicant”) submitted an application for Tentative Parcel Map (TPM) 38212 to the City of Calimesa proposing a subdivision for financing and conveyance purposes within the Summerwind Ranch at Oak Valley Specific Plan, as amended by the Summerwind Ranch at Oak Valley Specific Plan 1, Amendment No. 5 (SPA 22-01), on certain real property located on APNS: 413-180-039,-041, -042, -044, -045, - 046, -047, -048, -049, 413-190-043, -052, -053, -054, -055, -056, -057; and WHEREAS, the requested TPM 38212 is submitted for finance and conveyance purposes, and is conditioned accordingly, as identified in Exhibit 1, herein incorporated, that the lots do not create legal building lots, and this map does not remove any development requirements that were set forth in PC Resolution 2025-04 (for separate TTM 33536 Amendment 1); and WHEREAS, the application for TPM 38212 was submitted concurrently with an application by Jen SoCal 1, LLC for Environmental Assessment (EA) 23-03, General Plan Amendment (GPA) 23-02, Specific Plan Amendment (SPA) 22-01, Tentative Tract Map (TTM) 33536 Amendment 1, and First Amendment to Amended and Restated Development Agreement (DA) 25-02, which along with TPM 38212 are collectively referred to as the (“Project”); and WHEREAS, following the Applicant’s submittal of the Project applications, the Applicant’s CEQA consultants prepared an Environmental Assessment (EA) 23-03, fourth Addendum to the previously certified Summerwind Ranch EIR, herein referred to as the “Fourth Addendum”, and the Fourth Addendum evaluated the Project under the Summerwind Ranch EIR including the approved Mitigation Monitoring and Reporting Program as modified to include the mitigation measures applicable to the Project, herein referred to as the “MMRP”; and WHEREAS, on June 23, 2025, the Planning Commission held a duly noticed public hearing to consider the Fourth Addendum and the Project applications, at which time all interested parties were given the opportunity to be heard and to present evidence and after which the Planning Commission voted to recommend the City Council approve the Project; and WHEREAS, on July , 2025, the City Council held a duly noticed public hearing to consider the Fourth Addendum and the applications for the Project, including TPM 38212, at which time all interested parties were given the opportunity to be heard and to present evidence; and WHEREAS, the documents, staff report, technical studies, appendices, plans, specifications, and other materials that constitute the record of proceedings upon which this resolution is based are on file for public examination during normal business hours at the City of Calimesa City Hall, Community Development Department, 908 Park Avenue, Calimesa, California, 92320; and
WHEREAS, all legal prerequisites have occurred prior to adoption of this Resolution;.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA FINDS, DETERMINES AND DECLARES AS FOLLOWS:
Section 1. The City Council finds that the recitals contained in this Resolution are true and correct.
Section 2. Pursuant to the California Environmental Quality Act (“CEQA”) and CEQA Guidelines, the City Council considered the Summerwind Trails Phases II–V Addendum, previously adopted Addendums and the previously certified Summerwind Ranch EIR (SCH# 2004061035), including the approved Mitigation Monitoring and Reporting Program and statement of overriding considerations, prior to making its decision on the Project and determined that the Project will not result in any new or significant impacts on the environment not already disclosed and analyzed in the Summerwind Ranch EIR.
Section 3. The City Council finds that the proposed TPM 38212 is consistent with the General Plan, as amended by GPA 23-02, and the Summerwind Ranch at Oak Valley Specific Plan, as amended by SPA 22-01.
Section 4. The City Council finds that the site is physically suitable for type and density of development because all structures and related improvements can be accommodated on the subject site consistent with the General Plan, as amended by GPA 23-02, and the Summerwind Ranch at Oak Valley Specific Plan, as amended by SPA 22-01.
Section 5. The City Council finds that the proposed TPM 38212 is in the public interest because the adoption of the proposed subdivision is for future residential development.
Additionally, it is consistent with the land use regulations contained within the General Plan, as amended by GPA 23-02, and the Summerwind Ranch at Oak Valley Specific Plan, as amended by SPA 22-01. The amended map also adds to the variety of housing opportunities throughout the City.
Section 6. The City Council finds the proposed TPM 38212 will protect public health, safety, convenience, and welfare of the City.
Section 7. Based on the preceding findings of this Resolution, the City Council approves TPM No. 3821.
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APPROVED AND ADOPTED, this 21st day of July 2025.
________________________________
Linda Molina, Mayor
ATTEST:
I, Darlene Gerdes, the undersigned, hereby certify that I am the City Clerk of the City Council of the City of Calimesa, California; that Resolution 2025-XX was duly passed and adopted at a meeting of the Calimesa City Council, held on the 21st day of July 2025. ________________________________
Darlene Gerdes, City Clerk
Exhibit A
TENTATIVE PARCEL MAP 38212
CITY COUNCIL RESOLUTION 2025-44
CONDITIONS OF APPROVAL
# Conditions of Approval Department
GENERAL CONDITIONS
1.01 Tentative Parcel Map No. 38212 shall be approved for finance and land conveyance purposes only. A future subdivision map or land use entitlement or permit shall be required prior to development of this property. This map does not remove any conditions of approval for separate land use entitlement or permits or tentative maps approved for this property. No improvement plans shall be processed for TPM 38212.
All
1.02 City project account review shall be performed to determine if any outstanding fees are owed and subsequent fees shall be paid prior to Map recordation.
All
PRIOR TO MAP RECORDATION
2.01 All final tract maps shall be prepared by, or under the direction of, a Registered Civil Engineer authorized to practice land surveying, or a Licensed Land Surveyor and shall comply with the California Subdivision Map Act and to all the requirements of Title 13 of the Calimesa Municipal Code (City of Calimesa Subdivision Ordinance), unless modified by the conditions listed below. Final map shall be reviewed by the City Engineer and approved by the City Council prior to being filed with the County Recorder.
Engineering
2.02 A preliminary subdivision guarantee (title report) is required showing all fee interest holders and encumbrances when the final map is submitted for map check. An updated subdivision guarantee shall be provided before the final map is released for filing with the County Recorder.
Engineering
2.03 Prior to recordation, Developer shall install survey monuments as shown on the final map or shall provide a monumentation cash deposit (or acceptable surety as allowed by the City Engineer) to allow the map to record prior to the placement of monumentation. Surety amount shall be determined by Developer’s Engineer/Surveyor and shall be documented in written form.
Engineering
2.04 Developer shall provide an electronic version of the recorded map to the Public Works Department within 60-day of the final map recording date and prior to release of the monumentation surety.
Engineering
Acknowledgement and Agreement to Conditions of Approval As the Property Owner and Applicant(s) I (we) do hereby acknowledge that these Conditions of Approval have been read, fully understood and are hereby accepted. ______________________________ ______________________________ Applicant Signature Date
______________________________ ______________________________ Property Owner Date
Exhibit C
Tentative Parcel Map No. 38212
TENTATIVE PARCEL MAP NO. 38212 LEGAL DESCRIPTION: AUGUST 2021 "FOR FINANCE AND CONVEYANCE PURPOSES" PAGE 1 OF 1 PAGES OWNER/DEVELOPER ENGINEER / REPRESENTATIVE 25109 jefferson Ave.Suite 200 Murrieta, CA 92562 951-200-6840 PROACTIVE ENGINEERING CONSULTANTS WEST,INC. VICINITY MAP TPM 38212 JEN SoCaL 1 LLC LINE DATA CURVE DATA PARCEL 1 RIVERSIDE LAND CONSERVANCY PHASE 1 O.R. 2003-732045 PARCEL 1 PARCEL 6 PARCEL 9 PARCEL 5 PARCEL 10 PARCEL 4 PARCEL 12 PARCEL 13PARCEL 2 PARCEL 17 PARCEL 16 PARCEL 14 PARCEL 11 PARCEL 3 PARCEL 7 PARCEL 8 SINGLETON ROAD STREET "A"
STREET "B"
STREET "C"
ROBERTS ROAD
PORTION OF PARCEL 14
PARCEL MAP 33105
PARCEL 8
PARCEL MAP 33105
M.B. 243/99-111
P.M.B. 243/99-111
STREET "B" GENERAL NOTES NEW SINGLETON ROAD ARTERIAL HIGHWAY NEW ROBERTS ROAD ARTERIAL HIGHWAY STREET "A", "B" & "C" DIVIDED COLLECTOR INTERSTATE 10 UTILITIES AND DISTRICTS TOPOGRAPHY SOURCE: LEGEND BASIS OF BEARINGS PARCEL "C"
PARCEL 6
PARCEL 9
PARCEL 6
P.M.B. 221 / 56 - 64 PARCEL "B" LLA 05-002
LLA 05-002
PARCEL "A" LLA 05-002 EASEMENT NOTES SINGLETON ROAD BENCHMARK PROPOSED EASEMENT NOTES 1ST REVIEW COPY 8-1-2021 PARCEL 1 FPM 38135 PARCEL 2 FPM 38135 PARCEL 4 FPM 38135 PARCEL
18 PARCEL 15 PARCEL 15
M.B. 465/81-83
TRACT MAP NO. 32702 WATER QUALITY NOTE
AMENDED MAP OF PARCEL MAP NO. 31922
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ORDINANCE NO. 413
AN ORDINANCE OF THE CITY OF CALIMESA APPROVING
FIRST AMENDMENT TO AMENDED AND RESTATED
DEVELOPMENT AGREEMENT 25-02 BETWEEN THE CITY OF
CALIMESA AND JEN SOCAL 1, LLC FOR THE SUMMERWIND
TRAILS PROJECT AT THE SUMMERWIND RANCH AT OAK
VALLEY SPECIFIC PLAN PROJECT ON 853.4 GROSS ACRES
OF REAL PROPERTY LOCATED AT THE INTERSECTION OF
ROBERTS ROAD AND SINGLETON ROAD
WHEREAS, Paul Onufer on behalf of Jen SoCal 1, LLC (the “Applicant”) submitted an application to the City of Calimesa for the First Amendment to Amended and Restated Development Agreement 25-02 (DA 25-02) for 853.4 gross acres for certain real property located on APN): 413-180-039,-041, -042, -044, -045, -046, - 047, -048, -049, 413-190- 043, -052, -053, -054, -055, -056, -057), (the “Property”), which would vest development rights for the Property in accordance with approvals for General Plan Amendment (GPA) 23-02, Specific Plan Amendment (SPA) 22-01, Tentative Tract Map (TTM) 33536 Amendment 1, and Tentative Parcel Map (TPM) 38212, (collectively “the Project”) in exchange for certain public improvements and community benefits; and WHEREAS, a copy of DA 25-02 is attached to this Ordinance as Exhibit 1 and incorporated herein by reference; and
WHEREAS, California Government Code Sections 65864-65869.5 (the “Development Agreement Act”) and Calimesa Municipal Code Sections 18.85.010-
18.85.090 authorize the City Council to enter into a binding development agreement for the development of real property within its jurisdiction with persons having legal or equitable interests in such real property by approval of an ordinance; and WHEREAS, Environmental Assessment (EA) 23-03, a Fourth Addendum to the previously certified Summerwind Ranch EIR has been prepared in accordance with the requirements , herein referred to as the “Fourth Addendum”, and the Fourth Addendum evaluated the Project under the Summerwind Ranch EIR including the approved Mitigation Monitoring and Reporting Program as modified to include the mitigation measures applicable to the Project, herein referred to as the “MMRP”; and WHEREAS, on June 23, 2025, the Planning Commission held a duly noticed public hearing to consider the Fourth Addendum and the Project applications, at which time all interested parties were given the opportunity to be heard and to present evidence and after which the Planning Commission voted to recommend the City Council approve the Project; and
WHEREAS, on July 21, 2025, the City Council held a duly noticed public hearing to consider the Fourth Addendum, the Project (inclusive of DA 25-02), and the Planning Commission’s recommendation, at which time all interested parties were given the opportunity to be heard and to present evidence; and
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WHEREAS, the documents, staff report, technical studies, appendices, plans, specifications, and other materials that constitute the record of proceedings upon which this Ordinance is based are on file for public examination during normal business hours at the City of Calimesa City Hall, Community Development Department, 908 Park Avenue, Calimesa, California, 92320; and
WHEREAS, all legal prerequisites have occurred prior to adoption of this Ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA DOES ORDAIN AS FOLLOWS:
Section 1. Based on substantial evidence found in the administrative record for the Project, including but not limited to all evidence and testimony presented at the abovereferenced public hearings on DA 25-02, the City Council hereby finds as follows:
A. All facts set forth in the Recitals to this Ordinance are true and correct, and incorporated by this reference as if fully set forth herein.
B. The Fourth Addendum has been prepared in compliance with the requirements of CEQA and no further environmental review is required prior to approval of the Project.
C. Approval of DA 25-02 is a legislative act that shall be approved by ordinance and is subject to referendum.
D. The provisions of DA 25-02 are consistent with the City’s General Plan, as amended by GPA 23-02, and the Summerwind Ranch at Oak Valley Specific Plan, as amended by SPA 22-01, because DA-25-02 requires the Project to be developed in a manner compatible with the uses authorized in, and the regulations prescribed for, the subject property.
E. By providing for the orderly development of the Project and necessary public infrastructure, approval of DA 25-02 is in conformity with the General Plan and the Specific Plan and will promote public convenience, general welfare and good land use practice; will not be detrimental to the health, safety and general welfare; will not adversely affect the orderly development of property or the preservation of property values; and will promote and encourage the development of the Project by providing a greater degree of requisite certainty.
Section 2. Based on the findings set forth above in this Ordinance all other evidence in the record, the City Council approves DA 25-02, substantially in the form attached hereto as Exhibit 1.
Section 3. This Ordinance shall take effect 30 days after its final passage. Within 15 days after its passage, the City Clerk shall cause this Ordinance or a summary hereof to be published and posted as required by law.
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INTRODUCED AND PASSED UPON FIRST READING by title only, this __ day of _________ 2025, upon the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
PASSED, APPROVED, AND ADOPTED this __ day of _________ 2025, upon the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
LINDA MOLINA, MAYOR
ATTEST:
___________________________________
DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
___________________________________
STEVEN L. FLOWER, CITY ATTORNEY
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Exhibit A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CALIMESA AND JEN SOCAL 1, LLC FOR THE SUMMERWIND TRAILS PROJECT AT THE SUMMERWIND RANCH
AT OAK VALLEY SPECIFIC PLAN PROJECT
1 84615.015 - 434407.5
FIRST AMENDMENT TO
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
(Summerwind Trails at Oak Valley)
This FIRST AMENDMENT TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT (this “First Amendment”) is made and entered into to be effective on the First Amendment Date (as defined below), between the CITY OF CALIMESA, a municipal corporation organized and existing under the laws of the State of California (“City”) and JEN SOCAL 1 LLC, a California limited liability company (“Developer”), as successor-in-interest to SAN GORGONIO LAND, LLC (“Original Developer”) under that AMENDED AND RESTATED DEVELOPMENT AGREEMENT entered into by Original Developer and City and recorded on July 23, 2018 in the Official Records of Riverside County, California (“Official Records”) as Instrument Number 2018-0294906 (“Development Agreement”). Developer and City are sometimes collectively referred to herein as the “parties” or individually as a “party”.
RECITALS
A. Developer is the owner of the real property known as Phases 2-5 of Summerwind Trails at Oak Valley, which is legally described on Exhibit A to this First Amendment and depicted on the map attached as Exhibit B to this First Amendment (the “Property”).
B. Original Developer has previously completed or assigned to other developers certain portions of the development encumbered and benefitted by the Development Agreement related to the first phase of the original development project (“Phase 1”). Effective December 22, 2020 Original Developer sold and conveyed the Property (i.e., the remainder of the property encumbered by the Development Agreement and also known as Phases 2-5 of the original development project) to Developer for further development, and also assigned to Developer, and Developer assumed, the obligations and benefits under the Development Agreement related to the Property, as well as the remaining obligations and benefits related to Phase 1 that had not been previously assigned to and assumed by other owners/developers within that original Phase 1 portion of the development (collectively, the “Remaining Rights and Obligations”). City consented to the foregoing assignment and assumption of the Development Agreement in that certain Consent to Assignment of Development Agreement and Related Agreements (“Consent”) dated December 10, 2020.
D. City and Developer desire to amend the Development Agreement as set forth herein with respect to the benefits and obligations under the Development Agreement affecting the Property and the Remaining Rights and Obligations. Nothing herein shall be deemed to amend or affect the rights or obligations previously assigned by Original Developer to any other owner or developer of Phase 1 under the Development Agreement, which shall continue to be governed by the Development Agreement prior to amendment by this First Amendment, as such rights and obligations may be amended from time to time by City and any such other developer or owner.
2 84615.015 - 434407.5
AMENDMENT
NOW, THEREFORE, City and Developer agree as follows:
1. DEFINITIONS.
Section 1 of the Development Agreement (“Definitions”) is hereby amended by amending and restating in their entirety the respective definitions of the following terms:
“Agreement” or “Development Agreement” means the
Development Agreement, as amended by the First Amendment. “Days” are calculated per calendar day unless otherwise specified in the applicable Section.
“Developer” is JEN SOCAL 1 LLC, a California limited liability company, and its permitted successors and assigns in interest to the Property and this Development Agreement.
“Fire Station” means the fire station component and its related facilities identified on the Public Safety Facility Plan. “Project” means the proposed development of the Property (Phases 2 through 5 inclusive) as provided in the Development Plan and associated amenities, including without limitation on-site and off-site improvements contemplated by the Development Plan for the Property, as the same may be further defined, enhanced or modified pursuant to the provisions of this Development Agreement. The Project consists of a total of 3,376 dwelling units (out of a total of 4,009 for the entire Summerwind Trails at Oak Valley project including Phase 1) on approximately 853.37 acres. The Project, as such term is used in this Development Agreement from and after the date of the First Amendment, does not include Phase 1, which has been completed, and does not include the Town Center Area.
“Property” is defined in Recital A of the First Amendment. “Term” shall mean and refer to the then existing term of this Development Agreement as it has been previously extended or is hereafter extended pursuant to Section 4 of the Development Agreement, or otherwise.
Section 1 of the Development Agreement (“Definitions”) is hereby amended by the addition thereto of the following defined terms and their respective definitions:
“Alternative Fire Station Site” shall mean and refer to an alternative location acceptable to City and Developer for construction of the Public Safety Facility if
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the Towne Center Site for the Public Safety Facility cannot be timely acquired by City as currently contemplated.
“First Amendment” is the instrument by which the parties have agreed to amend the Amended and Restated Development Agreement and is defined in the first paragraph above.
“First Amendment Date” is the date that the Ordinance approving the First Amendment to the Development Agreement becomes effective. “Public Safety Facility” means the proposed Public Safety Facility comprising approximately 17,625 square feet and more particularly described on the Public Safety Facility Plan.
“Public Safety Facility Plan” is the current plan for the Public Safety Facility, which is attached to the First Amendment as Exhibit F, as the same may be amended from time to time by City and Developer.” “Summerwind Ranch Specific Plan” means the Summerwind
Ranch Specific Plan, Specific Plan Area 1, Amendment No. 1 dated April 18, 2005, as part of Oak Valley Specific Plan 216 and Environmental Impact Report No. 229 Approved October 6, 1988, and Oak Valley Specific Plan Amendment 216A, approved May 22, 1990, as amended by Specific Plan Area 1 Amendment No. 2 dated September 25, 2020, as amended by Specific Plan Area 1 Amendment No. 3 dated September 26, 2022, as amended by Specific Plan Area 1 Amendment No. 4 dated March 20, 2024, and as amended by Specific Plan Area 1 Amendment No. 5 dated _______ __, 2025.
“Town Center Area” means the area designated as Planning Areas TC-1 through TC-10 on the Summerwind Ranch Specific Plan.
2. EXHIBITS.
Exhibits A, B, and C to the Development Agreement are hereby each replaced respectively and in their entirety by Exhibits A, B, and C to this First Amendment.
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Exhibits A, B, and C to this First Amendment are hereby incorporated as though set forth in full.
Exhibit E to the Development Agreement is hereby deleted in its entirety.
Exhibits F and G to this First Amendment are hereby added, respectively, as Exhibits F and G to the Development Agreement. Exhibits F and G to this First Amendment are hereby incorporated as though set forth in full.
The list of Exhibits set forth in Section 2 of the Development Agreement (“Exhibits”) is hereby amended and restated in its entirety to read as follows:
“Exhibit Designation Description
A Legal Description of Developer’s Property
B Map of Developer’s Property
C List of Permits and Approvals Constituting
Project Development Plan
D Land Secured Financing Policy
E Fire DIF Reimbursement Area
F Public Safety Facility
G Temporary Alternative Fire Station Plan
4.1 TERM.
Section 4 of the Development Agreement (Term) is hereby amended and restated in its entirety to read as follows:
“The Original Development Agreement had a term of fifteen (15) years that commenced on July 16, 2007 (the date the Original Development Agreement was recorded) expiring on July 16, 2022. Pursuant to the Amended and Restated Development Agreement, the City and Developer extended the term of the Original Development Agreement by an additional eleven (11) years until July 16, 2033, unless sooner terminated as provided in the Development Agreement.
In consideration of the payment by Developer to City of the sum of Two Hundred and Fifty Thousand Dollars ($250,000) (the “First Amendment Fee”), which must be paid on or prior to First Amendment Date, the term of the Development 1 Note that the number of the sections of the First Amendment are not sequential. Rather, the section numbering in the First Amendment is chosen to match the numbering of the section in the underlying Amended and Restated Development Agreement that is being amended by this section of the First Amendment.
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Agreement is hereby further extended by an additional ten (10) years, to July 16, 2043, with a further option on the part of Developer to further extend the term by an additional period of up to five (5) years, by written notice delivered to City together with payment of an extension fee of One Hundred and Twenty Five Thousand Dollars ($125,000) no later than thirty (30) days after the written notice of extension is delivered to City.”
5. DEVELOPMENT OF THE PROJECT.
Section 5.4 of the Development Agreement is amended and restated in its entirety to read as follows:
“5.4 Fire Station and Public Safety Facilities.
The Summerwind Ranch Specific Plan anticipates the location and construction of a fire station in the Town Center Area for purposes of providing permanent fire protection services to the Project, surrounding new development areas, and the Town Center Area. City has decided that it wishes to include the fire station within a larger Public Safety Facility (as depicted on Exhibit F), which additional Public Safety Facility improvements are not currently the responsibility of Developer under the Development Agreement. Since the Public Safety Facility, which will include the Fire Station, is an integrated facility, City currently desires that the entire Public Safety Facility, including the Fire Station, be designed and constructed at the same time. Subject to extension as provided in Section 23.1 of this Agreement and subject to the provisions of this Development Agreement concerning cost-sharing, public financing, reimbursement, and fee credits, Developer will complete the design, construction, and fixturization, including communications equipment, of the Public Safety Facility on or prior to the date (the “Public Safety Facility Completion Date”) that is three (3) years from the later of: (i) the date the City has obtained title to the Public Safety Facility site and notifies Developer of the availability of the site for Developer’s access and improvement, and (ii) the date that all site and infrastructure improvements to be completed before construction of the Public Safety Facility are in place, including, without limitation, site grading, storm drain, sewer, water, gas, electric, and other dry utilities of adequate capacity, and streets are in place and available for use to the Public Safety Facility (the foregoing are collectively referred to as the “Public Safety Facility Site and Infrastructure Improvements”); provided, that such Public Safety Facility Completion Date shall be subject to extension by Developer upon notice to City for an additional two (2) years if, at the expiration of the initial three (3) year period, the construction of the Public Safety Facility has been commenced but not yet completed due to force majeure events of the nature described in Section 23.1 (based upon the actual period of delay caused by such event(s)) or other third party delays beyond the Developer’s control. Because the need for residential fire protection may precede the need for the level of service required for the development in the Town Center, it is anticipated that the construction of the Public Safety Facility may or may not be phased, as determined by the City. Developer shall post standard payment and performance bonds with the City for the completion of the Public Safety Facility (“Public Safety Facility
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Completion Bonds”) at the time that the final design for the Public Safety Facility is complete and final bids have been received for its cost of construction. Once the Public Safety Facility Completion Bonds have been posted with the City, Developer will have the right to apply the amount of those bonds to City’s Fire Development Impact Fees otherwise applicable to the development within the Property, and, at the time such bonds are posted, any previously posted DIF payment bonds (or alternate security accepted for that purpose) previously posted by Developer in connection crediting of City’s Fire Development Impact Fees as contemplated by subsection c below shall be released and exonerated and returned to Developer. Developer shall proceed with the final design of the Public Safety Facility promptly after the preconditions to commencement of the Public Safety Facility set forth in (i) and (ii) of this Section 5.4 above have been satisfied; a. The City anticipates that it will be able to provide sufficient fire protection to the early phases of the Project by increasing the staffing level at the existing Fire Station 1. Until the construction of the Public Safety Facility, the Developer shall provide annual funding for the operation of existing Fire Station 1 in an amount, calculated with respect to the immediately preceding complete fiscal year, equal to the lesser of: (i) the shortfall, if any, between the annual amount the City collects from the fire component of the City’s Public Safety Community Facilities District ("PSCFD") and $500,000.00 (i.e., 500,000 minus the PSCFD fire component collections for the prior fiscal year); and (ii) $100,000.00. Although the City expects to ultimately secure the necessary funding for this additional staffing through the expansion of its existing PSCFD, which will include the Project, the Town Center Area, and other developments in the City, it is likely that there will be insufficient revenues from the PSCFD available until a significant number of homes are occupied within the PSCFD service area. The staffing of the existing Fire Station 1 may increase over time based upon the service needs of the Project, but such increase shall not increase Developer’s obligations under this Section 5.4.a or alter the formula for its contribution set forth in this paragraph. For purposes of this calculation, one-half, or fifty percent (50%), of the net revenue received by the PSCFD shall be considered to be the fire component. Any payment from Developer required under this Section shall be provided to City by Developer within the later of: (i) ninety (90) days from the start of each fiscal year, and (ii) thirty (30) days after invoicing by City, together with documentation of the PSCFD revenues for the applicable fiscal year. Developer shall be required to annex the development phases of the Project into the PSCFD as these phased developments are completed and certificates of occupancy are issued. Notwithstanding anything herein to the contrary, because there are additional developments and residents that are currently serviced by this PSCFD and other future development projects that will be annexed into the PSCFD, the City and Developer agree that the Developer, through the PSCFD and its payments hereunder, shall not, in any event, be required to fund more than its fair share of staffing costs that will be required to service the Project and the City and Developer shall make such adjustments from time to time as necessary to ensure that that result is achieved.
b. The present plans call for the Public Safety Facility to be located on Parcel 16 of Parcel Map 38135 in the Town Center Area. City shall provide title
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and access to said Parcel 16 for the construction of the Public Safety Facility without cost or expense to Developer, prior to commencement of the Public Safety Facility. If the City chooses to use an Alternative Fire Station Site instead of said Parcel 16 for the location of the Public Safety Facility, then the City shall likewise cause title and access to said Alternative Fire Station Site to be provided to the Developer without cost or expense to Developer. In either event, before construction of the Public Safety Facility commences all of the Public Safety Facility Site and Infrastructure Improvements shall be in place. c. As described in Section 5.4.d. below, Developer shall be entitled to receive fee credits against the City’s Fire Development Impact Fees based upon Developer’s eligible supported costs that are expended to complete the Public Safety Facility. These Developer costs (“Fire DIF Eligible Costs”) shall include all reasonably incurred construction and site development costs, land acquisition costs, as well as applicable soft costs, including all architecture, survey, construction management, plan check and inspection fees and all other applicable City, water district or other governmental entity fees, geotech, legal, tribal monitoring, and other like soft costs, and all reasonable costs for Developer’s services rendered for construction administration and project supervision in connection with development and completion of the Public Safety Facility. Both the City and Developer shall use their best efforts to complete the Public Safety Facility at a cost to the Developer that does not exceed the Fire Development Impact Fees payable with respect to the Project. If the Developer’s total Fire DIF Eligible Costs exceed the Fire Development Impact Fees payable by Developer with respect to the Project, then the City shall reimburse or fund the difference from any other Fire Development Impact Fees collected by the City from other projects as depicted on Exhibit E serviced by the Public Safety Facility and any other funds available to the City under Section 5.4.d below, and, to the extent those additional funding sources are insufficient to fully reimburse the Developer for all Fire DIF Eligible Costs, then City will allow such excess to be funded by the “Extended Term CFD” (as defined in Section 7.3 of this Development Agreement.). Until the Fire DIF Eligible Costs have been incurred or bonded and become available for credit to the City’s Fire Development Impact Fees, Developer shall be allowed to post DIF payment bonds (or other form of security reasonably acceptable to City) to allow crediting of the City’s Fire Development Impact Fees on a current basis as development proceeds on Phases 2-5 in advance of the bonding for Fire DIF Eligible Costs as further provided in Section 8.2 related to Fee Reimbursements and Credits.
d. In addition to the fee credits described in Section 5.4.c. above, to the extent that the Developer’s Fire DIF Eligible Costs exceed the Fire Development Impact Fees payable with respect to the Project, the City shall reimburse the Developer for this portion of the Developer’s Fire DIF Eligible Costs to the extent that the City secures funding for such facilities from any source, including without limitation grants or allocations from the State or Federal Government, in a manner to be more fully detailed in future fee credit and reimbursement agreements between the City and Developer, and as further provided in Section 8.2 related to Fee Reimbursements and Credits.”
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Section 5.8 of the Development Agreement is amended and restated in its entirety to read as follows:
“5.8 Affordable Housing.
The Parties acknowledge that the Project and the project planned for the Town Center Area fall within the City’s Municipal Code Section 18.130 for Inclusionary Housing. It is intended by the Summerwind Ranch Specific Plan that the Project will meet the City’s Municipal Code requirements by either:
(i) constructing or causing the construction of the required amount of affordable units for the Project within the Town Center Area, or, at Developer’s option, in Planning Area B-2 in the Project, or (ii) paying an affordable housing in-lieu fee for the Project. City agrees that it may require payment of the affordable housing in-lieu fee by Developer only if Developer fails to obtain tax credits for construction of the affordable units allocable to the Project before the outside date for commencement of construction of those affordable units set forth below (i.e., issuance of the 500th building permit within Phase 2 of the Project). City further agrees that upon receiving a development application from the Town Center Area applicant which includes the Inclusionary Housing Units applicable to the Project and for which in lieu fees have not already been paid, it will use its best efforts to cause the applicant to identify the location for the affordable units within Town Center Area, or, at Developer’s option with respect to the Inclusionary Housing units applicable to the Project, within Planning Area B-2 of the Project.
Developer’s allocable share of the obligations under this Section 5.8 and the Specific Plan with respect to the Project are limited to a total of 120 affordable units, regardless of where located. In order to ensure that the Developer’s Section
18.130 obligations are met with respect to affordable housing, the Parties agree that prior to the issuance of the 500th building permit within Phase 2 of the Project, Developer shall either (1) commence construction or cause commencement of construction of the affordable housing units applicable to the Project, or (2) pay the affordable housing in-lieu fee applicable to those units. If Developer will satisfy its affordable housing obligation by commencing construction of those affordable housing units prior to the issuance of the 500th building permit within Phase 2 of the Project, then it shall cause those affordable units to be completed and made available within 24 months after commencing construction subject to extension due to force majeure events of the nature described in Section 23.1 (based upon the actual period of delay caused by such event(s)) or other third party delays beyond the Developer’s control, and, upon such completion, its affordable housing obligation shall be fully and finally satisfied. In the event Developer provides such additional units within the Project in Planning Area B-2 because of the failure of the provide for the units in the Town Center Area, said units shall be considered by the City to be in addition to the maximum approved units for the Project as it exists at that time and in the Summerwind Ranch Specific Plan, and therefore shall be eligible for, and will constitute a density bonus in accordance with California and local laws.”
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7. PUBLIC FINANCING.
A new Paragraph 7.3 is hereby added to the Development Agreement to read as follows:
“7.3 Extended Term Communities Facilities District and Additional Financing Mechanisms.
At Developer’s request from time to time, City will, in its good faith discretion, consider the financing of certain components of the Public Improvements through tax increment financing mechanisms, including but not limited to, an Extended Term CMFA CFD (“Extended Term CFD”). The Extended Term CFD (which would have up to 8 or 10 Improvement Areas) would be authorized to reimburse for any additional fees or improvements identified in this Development Agreement that were not previously reimbursed from a prior Improvement Area or be issued to pay off a portion of the special taxes. Once the above fees or improvements (identified in the Extended CFD Resolution) are fully reimbursed, the City would be able to recover any maintenance or repair costs for the above facilities with the special taxes that are authorized to be levied per the extended term in the Rate and Method of Apportionment.”
8.2 REIMBURSEMENTS.
Section 8.2(a) of the Development Agreement is amended and restated in its entirety to read as follows:
“(a) The City acknowledges that the Developer may be required to pay certain fees, assessments and exactions which may be expended for certain public improvements and other public benefits which will benefit lands within the City outside the Project area of the Property. Pursuant to Government Code Section 65865.2, the City hereby agrees that as future Development Impact Fees, assessments and exactions are imposed on future projects which have benefited from the fees, assessments and exactions paid by the Developer, the City shall promptly reimburse the Developer to the extent that such fees, assessments and exactions paid by Developer, in excess of Developer’s required fee contribution addressing the impacts of its Project, have benefited lands outside of the Property, but only to the extent that the City actually receives or collects such fees, assessments or exactions, for a period equal to fifteen (15) years following issuance of the 1st Certificate of Occupancy in Phase 2.”
Section 8.2(d) of the Development Agreement is hereby amended and restated in its entirety to read “Intentionally Omitted.” Section 8.2(e) of the Development Agreement is hereby amended and restated in its entirety to read as follows:
“(e) Additionally, if not resolved between the City and the adjacent City of Beaumont, Developer shall reimburse the City an amount of $210,703 for the costs of the completed design and construction of the portions of Cherry Valley Boulevard and Palmer Drive pursuant to the Loan Agreement for
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such improvements that was executed between the City of Calimesa and the City of Beaumont on November 16, 2010. This payment of $210,703, and any applicable interest due, shall be made by Developer to City prior to the issuance of the 630th residential building permit on the Project, or as otherwise agreed to by the City.
City acknowledges that such payment has been made by Developer prior to the First Amendment Date and no further payment shall be required under this Section
8.2(e).”
8.3 DEVELOPMENT AGREEMENT FEE.
With respect to Section 8.3 of the Development Agreement, City acknowledges that all fees specified by Section 8.3 of the Development Agreement have been paid as of the First Amendment Date. Developer agrees to the pay the First Amendment Fee specified in Section 3 of this First Amendment when due, and acknowledges that its obligation to pay the First Amendment Fee is distinct, separate, and apart from the obligation to pay the previously paid fees specified in Section 8.3 of the Development Agreement.
8.4 PARK CONTRIBUTION.
Section 8.4 of the Development Agreement is hereby amended and restated in its entirety to read as follows:
“8.4 Park Contribution
The approved Specific Plan includes improved park and community recreation facilities totaling approximately 90.5 acres. This park phasing is planned as follows:
Phase 1= 7.2 acres parks (* actual acreage based on recorded parcel map, which is larger than what is listed in the original Specific Plan) Phase 2= 8.4 acres parks & 6.3 acres of community recreation Phase 3= 24.1 acres parks
Phase 4= 20.8 acres parks
Phase 5 = 23.7 acres parks
Total = 90.5 acres”
To the extent that the City imposes park fees for park land acquisition and improvement costs (including soft costs) whether as Quimby fees or based upon development impact fees or exactions, the City shall grant in lieu credit against those park fee components provided that the Developer dedicates, designs and constructs these parks. These in lieu fee credits are further defined within Section
8.2 (b). The City will not grant park fee credits for street parkway landscaping, unimproved open space, trails, or privately owned park facilities, however the City
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will grant additional dollar-for-dollar park fee credits for the park contribution from Developer to the City as described above.
Together, when the parks are constructed or bonded for with both DIF payment bonds and traditional payment and performance bonds, which can be drawn upon for cash in the event fee credits are granted prior to obligation to build improvement per Section 8.2 (b), Developer will have met its parkland obligations for the Project whether as Quimby fees or based upon development impact fees or exactions so long as the City’s park requirements and in lieu park credits, as defined above are satisfied. Full in lieu credit for the Project’s park fees will be subject to a detailed accounting as further defined in a separate reimbursement agreement.
In the same manner as provided above with respect to the Fire Development Impact Fees, Developer will post standard payment and performance bonds with the City for completion of the parks at the time that the final location and design of the appliable park is complete and final bids have been received for the construction of that park. Once the applicable performance and payment bonds have been posted with the City, Developer will have the right to apply the amount of those bonds to City’s park fees otherwise applicable to development within the Property, and, at the time such bonds are posted, any previously posted DIF bonds (or alternate security accepted for that purpose) with respect to park fees shall be reduced, released and/or exonerated, as applicable and as further described below. Until the payment and performance bonds for the park improvements have been posted and become available for credit to the City’s park fees, Developer shall be allowed to post DIF payment bonds (or other form of security reasonably acceptable to City) to allow crediting of park fees and Quimby fees on a current basis as development proceeds on Phases 2-5 as further provided in Section 8.2 related to Fee Reimbursements and Credits.
Because the amount of bonded park fees in a given Phase will at times exceed the cost of constructing the park improvements in that Phase (including both the hard and soft costs of constructing such park and the value of the land dedicated for that park), there will be times where a portion of the DIF bond for that Phase needs to remain in place even after the payment and performance bond for the park improvements in that Phase has been posted and the park area offered for dedication. In that event, the DIF bond for that Phase will be reduced (to reflect the excess of remaining credits to be applied in addition to the park construction costs) rather than released and exonerated at the time the performance and payment bonds are posted. When, in a subsequent Phase, the total cost of all parks in the current and prior Phases of development exceeds the total amount of the DIF bonds previously posted for the current and prior Phases, then the reduced DIF Bonds will be released and exonerated in full. So, for example, if the fee credits bonded in Phase 2 were $3 Million, and the cost of the park improvements in Phase 2 (including hard and soft costs and the value of land dedication) were $2 Million, then the DIF Bond is Phase 2 would be reduced to $1 Million once the park costs in Phase 2 had been bonded with payment and performance bonds, and that remaining reduced DIF Bond would be subsequently released when the park improvements in a subsequent Phase exceeds the amount of the DIF Bonds posted
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in that subsequent Phase plus the additional $1 Million DIF bond remaining in place from the Phase 2 park improvements.
Developer shall complete the preliminary design of the Community Recreation Center, to be located in Planning Area B-7, prior to the issuance of the 500th building permit within Phase 2 of the Project. Construction shall commence on the Community Recreation Center prior to the issuance of the 100th building permit within Phase 3 of the Project and shall be completed and made available for community use within 18 months thereafter due to force majeure events of the nature described in Section 23.1 (based upon the actual period of delay caused by such event(s)) or other third party delays beyond the Developer’s control.” Section 8.5 of the Development Agreement is hereby amended and restated in its entirety to read as follows:
8.5 TRAFFIC UNIFORM MITIGATION FEES.
8.5 Traffic Uniform Mitigation Fees (“TUMF”); Construction of TUMF Facilities.
“Except as expressly provided in the following sentence, notwithstanding any other provision of this Development Agreement or any other agreement entered into between City and any predecessor of Developer which has been assigned to Developer, Developer’s sole obligations with respect to any TUMF improvements, including without limitation the Cherry Valley Boulevard/I-10 Interchange (including without limitation on- and off-ramps) and the Singleton Road/I-10 Interchange (including without limitation on-and off-ramps) and the Sandalwood Road/I-10 Interchange (including without limitation on-and off-ramps) shall be limited to payment of the Project’s allocable TUMF Fees for the improvements within the Project at the time of issuance of certificates of occupancy, and Developer shall not be required to otherwise fund, advance, design, construct or bond for any TUMF Improvements. Notwithstanding the general limitation of the prior sentence, Developer shall fund up to Four Hundred and Twelve Thousand Dollars ($412,000) of remaining Phase 1 TUMF fee obligations with respect to the Phase 1 development upon request of City and in accordance with the existing “TUMF Improvement and Credit/Reimbursement Agreements” (the “Remaining Phase 1 Obligations”). In addition, to the extent the Remaining Phase 1 Credit Amount is not sufficient to fund the remaining costs of completing the Plans, Specifications and Estimate work (the “PSE Work”) still to be completed with respect to the Cherry Valley Boulevard/I-10 Interchange, which total cost of PSE Work (including the portion to be funded by the Remaining Phase 1 Obligations) is currently estimated to have a total remaining cost to complete as of the First Amendment Date of Two Million Two Hundred Thousand Dollars ($2,200,000), then Developer shall also fund the reasonable cost of such PSE Work in excess of the Remaining Phase 1 Obligations, and all amounts so advanced by Developer in excess of the Phase 1 Obligations shall be credited toward the first subsequent TUMF Fees that would thereafter have otherwise been payable with respect to development in any of Phases 2-5. Except for such remaining funding obligation
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from Phase 1 for the Remaining Phase 1 Obligations and except for the funding of the reasonable PSE Work costs in excess of the Remaining Phase 1 Credit Amount, Developer shall have no further obligations under any TUMF Improvement and Credit/Reimbursement Agreements or any further obligation to advance the timing of any TUMF Fee payments. Without limiting the foregoing, City and Developer agree that the “TUMF Improvement and Credit/Reimbursement Agreements”, as defined in the Consent, are hereby terminated; provided, that. without limitation of the foregoing, pursuant to Section 18.105.030.G.2 of the TUMF Ordinance, or equivalent provision of any successor TUMF Ordinance, and to the extent such credit is authorized by the WRCOG, Developer will receive credit for all eligible costs associated with the Developer’s construction of TUMF Facilities, if any, against the fees otherwise due from Developer under the TUMF Ordinance.
Moreover, City and Developer acknowledge and agree that the deposit of $450,000 specified in former Section 8.5(b) has been paid by the developer of Phase 1 and Developer has no further obligation for same.”
.8.6 ROBERTS ROAD BRIDGE
Section 8.6 of the Development Agreement is hereby amended and restated in its entirety to read as follows:
“8.6 Roberts Road Bridge.
(a) Developer, together with other development projects in the City that are determined to have a traffic impact on the need for the Roberts Road Bridge that is proposed to traverse the Garden Air Wash (the "Bridge Improvement"), shall pay for the design and construction of the Bridge Improvement. No City funds shall be contributed to the Bridge Improvement. (b) The Developer has agreed, and is hereby obligated to design and construct the Bridge Improvement, with the understanding that Developer shall be entitled to reimbursements for payments exceeding its fair share as provided herein and receive fee credits against the City’s Street and Traffic DIF fee for all eligible supported Bridge costs as defined herein.
(c) The fair share study referenced in Section 8.6(d) of this Development Agreement has been completed and has determined that the developers of the property subject to the Mesa Verde Specific Plan are obligated to pay fifty percent (50%) of the total cost of the Bridge Improvement. (d) Initially, Developer shall be obligated to pay its fifty percent (50%) share of the total estimated cost of the Bridge Improvement. As other new development projects are constructed in close proximity to the Roberts Road Bridge, and as reflected in the fair share analysis required in condition 4.25 of the Conditions of Approval to the Specific Plan, the City will condition those other development projects to pay their fair share obligation as a reimbursement of Developer’s Bridge costs that exceed Developer’s fair share. In no event shall the
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City be required to use City funds to reimburse Developer the difference between Developer’s initial fifty percent (50%) payment and Developer’s fair share. (e) Developer shall use its best reasonable efforts to complete the permitting and design of the Bridge prior to issuance of the 200th Certificate of Occupancy in Phase 3, and construction of the Bridge shall commence not later than the issuance of the first certificate of occupancy in Phase 4 of the Project; provided, however, if for any reason, at least fifty percent (50%) of the total cost of the Bridge Improvement has not yet been collected or secured from other developments prior to the outside date for commencement of the Bridge Improvement, then the commencement of construction of the Bridge Improvement may be delayed by Developer at its election until sixty (60) days after that other fifty percent (50%) of the total cost has been collected or secured by the City and the City has provided Developer with written notice thereof. (f) The Bridge Improvement is now defined within the City’s adopted Nexus Study for Development Impact Fees dated August 8, 2017, as amended by______ dated ___, 2025. As such, the Bridge is identified as a component of the City’s Street and Traffic Facilities DIF fee and Developer may request fee credit for eligible costs under the City Development Impact Fee program for amounts paid for the Bridge Improvement up to the amount of its fair share. The Developer’s Bridge Improvement costs shall include all reasonably incurred construction and site development costs, land acquisition costs (if required), as well as all soft costs (design, environmental permitting, construction management, fees, bonds and permits) and all other reasonable costs required to design and construct the Bridge. Assuming the subsequent approval thereof, the preliminary design and construction of the Bridge may include a combination of embankment grading on both sides of the creek, and a creek bridge span crossing that allows for an appropriate street travel lane section width and a sufficient wildlife corridor crossing under the Bridge.
(g) In addition to the fee credits and reimbursements specified elsewhere in this Section 8.6, Developer shall be entitled to recoup costs not otherwise reimbursed or credited for the design and construction of the Bridge Improvement from the Extended Term CFD.”
8.7 COMMUNITY BENEFIT CONTRIBUTION.
Existing Section 8.7 shall be retitled Section 8.7(a).
City acknowledges that all Community Benefit Contribution amounts payable with respect to Phase 1 of the Project pursuant to Section 8.7 (now Section 8.7(a)) of the Development Agreement have been paid in full and no further amounts are due with respect to such Phase 1 improvements. Developer shall continue to be obligated to make
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the Community Benefit Contributions when and as due under Section 8.7 with respect to Phases 2 through 5 of the Project.
Section 8.7(b) is added and shall read as follows: “Developer shall contribute to the City, which will then contribute to the Morongo Band of Mission Indians, Fifty Thousand Dollars ($50,000) toward a Tribal Cultural Landscape Study. This payment shall be made by Developer to the City within ninety (90) days of the First Amendment Date of this Development Agreement.”
10 ENFORCEMENT.
Section 10 of the Development Agreement is hereby amended in its entirety to read as follows:
“Unless amended or cancelled as provided in this Development Agreement, or modified or suspended pursuant to Government Code Section 65869.5, this Development Agreement is enforceable by either party hereto notwithstanding any change in any applicable general or specific plan, zoning, or subdivision regulation or standard adopted by the City (or by the voters of the City) which alters or amends the Development Plan or is inconsistent with this Development Agreement.” 12 NOTICES.
The address for notices of Developer in Section 12 of the Development Agreement is hereby amended to read as follows:
To the City: The City of Calimesa
908 Park Avenue
Calimesa, CA 92320
Attention: City Manager
Telephone: 909-795-9801
Facsimile: 909-795-4399
With a copy to: Richards Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, CA 90071
Attention: Calimesa City Attorney
Telephone: 213-626-8484
Facsimile: 213-626-0078
To the Developer: JEN SOCAL1 LLC
c/o JPMB Investments, LLC
556 S. Fair Oaks Avenue, #337
Pasadena, CA 91105
Telephone: 909-469-2800
Facsimile: 909-469-2888
Email: [email protected]
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With a copy to: Abram Roy LLP
24025 Park Sorrento, Suite 460
Calabasas, CA 91302
Attention: Dennis S. Roy, Esq.
Telephone: 310.209.8848
Facsimile: 818-925-3026
Email: [email protected]
14 TRANSFERS AND ASSIGNMENTS.
Section 14.2 of the Development Agreement is hereby amended in its entirety to read as follows:
“14.2 Release Upon Transfer.
Upon the sale, transfer or assignment of any or all of the Developer’s rights and interests under this Development Agreement, the Developer shall be released from its obligations under this Development Agreement and all of the Developer’s obligations pursuant to the Development Plan, or other agreements assumed by transferee with respect to the Property, or portion thereof, so transferred, provided that (a) no such transfer or assignment shall release Developer from any default under this Development Agreement of which Developer had written notice from City prior to such transfer or assignment, unless such default is expressly assumed by such transferee or assignee, (b) Developer or transferee has provided the City with written notice of such transfer and (c) the transferee executes and delivers to the City a written agreement in which (i) the name and address of the transferee is set forth, (ii) Developer provides City with an executed agreement, in a form reasonably acceptable to the City Attorney, providing that the transferee expressly and unconditionally assumes all of the obligations of the Developer under this Development Agreement with respect to the Property, or a portion thereof, so transferred and (iii) the transferee provides City with security for the obligations assumed by such transferee equal to the security previously provided by Developer to secure performance of such assigned obligations in accordance with the terms of the Development Plan and this Development Agreement.
Upon any assignment of less than all of Developer’s rights and obligations under this Development Agreement to a successor owner of a portion of the Property, the instrument of assignment may allocate the rights, duties, credits, reimbursements and fees payable by and due to Developer hereunder to the assignor and assignee in such manner that they may reasonably determine are proportionate to the portions of the Property conveyed and stages of development thereof, and, upon City’s consent to such assignment, this Development Agreement shall be deemed amended to reflect such allocation. City consent to any such assignment shall not be unreasonably withheld, conditioned or delayed, and shall be considered an administrative act which may be executed by the City Manager as provided in Section 23.12, and shall not require further approval of the City Council, provided, however that City Manager may, in their discretion, refer such consent to the City Council for its direction or decision. Upon any such consented to assignment, the
17 84615.015 - 434407.5
assignor shall be relieved of any further obligations for the assigned and assumed obligations, and this Development Agreement shall be deemed several in all respects as that relates to the rights and obligations of each Property owner/assignee. Without limitation of the foregoing, no default of one Developer party shall be considered a default of any other Developer party, and any further extensions of this Development Agreement provided for herein shall be separately applied and paid for, in their respective allocable shares, as further defined in the instrument of assignment, by each Developer party with respect to its portion of the Property ”
16 TENTATIVE TRACT MAP EXTENSIONS.
Section 16 of the Development Agreement is amended by deleting the second sentence of said Section and replacing it with the following:
“The City hereby extends the term of any and all Project tentative tract maps and parcel maps, including but not limited to Tentative Tract Map 33536, to coincide with the Term of this Development Agreement, as it may be further extended.” 21 PERIODIC REVIEW PROCEDURE
Section 21.1 of the Development Agreement is amended to read in full as follows:
“21.1 Timing.
The Project is scheduled to be developed in four phases, described as Phases 2, 3, 4 and 5, as shown on Tentative Tract Map 33536. The conditions of approval, mitigation measures and other terms and conditions applicable to those Phases, as set forth in the Conditions of Approval for Tentative Tract Map 33536, are incorporated into this Development Agreement by reference and made a part of the Development Plan.
Pursuant to Government Code Section 65865.1, City shall review Developer’s good faith compliance with the terms, conditions, and covenants of this Development Agreement. Such review shall be undertaken at least once during every twelve (12) month period following the Effective Date of this Development Agreement and continuing throughout the Term or until Developer’s obligations under this Development Agreement has been satisfied. The Developer or its successor shall reimburse City for the actual, reasonable and necessary costs of this review, excluding cost incurred under Section 22 [Default and Enforcement], within thirty (30) days of written demand from City. City’s failure to timely conduct any such review shall not affect the enforceability of this Development Agreement or the Developer’s rights hereunder.”
18 84615.015 - 434407.5
23 GENERAL PROVISIONS.
The terms of Section 23 (General Provisions) of the Development Agreement shall apply to the Development Agreement as amended by this First Amendment, mutatis mutandi.
Without limiting the foregoing, the provisions of Section 23.6 (Recitals and Definitions) shall apply to both the recitals and definitions in this First Amendment and to the recitals and definitions in the Development Agreement, as amended and supplemented by this First Amendment; the provisions of Section 23.7 (Integration) shall be deemed to include the pages of and exhibits attached to this First Amendment, as well as the pages and exhibits to the Development Agreement as amended and supplemented by this First Amendment; and the provisions of Section 23.20 shall be deemed to refer to the exhibits attached to this First Amendment, as well as the exhibits to the Development Agreement as amended and supplemented by this First Amendment.
Except for those public improvements which expressly provide for public funding or financing pursuant to this Development Agreement, the parties acknowledge and agree that nothing in this Development Agreement shall be construed or understood to require Developer to pay prevailing wages with respect to any work of construction or improvement within the Project, and if there is any provision of this Development Agreement that would cause such an unintended result, the parties shall cooperate in good faith to avoid the impact of such unintended result, including modification of this Development Agreement or the implementation thereof as necessary to avoid such result.
IN WITNESS WHEREOF, Developer and City have executed this First Amendment, to be effective as of the First Amendment Effective Date.
THE CITY OF CALIMESA,
a municipal corporation of the State of
California
By: ________________________________
____________, Mayor
JEN SOCAL 1 LLC,
a California limited liability company
By: ________________________________
Paul Onufer
Authorized signatory
84615.015 - 434407.5 EXHIBIT A – Page 1
EXHIBIT A
LEGAL DESCRIPTION OF DEVELOPER’S PROPERTY
84615.015 - 434407.5 EXHIBIT B – Page 1
EXHIBIT B
MAP OF DEVELOPER’S PROPERTY
84615.015 - 434407.5 EXHIBIT C – Page 1
EXHIBIT C
LIST OF PERMITS AND APPROVALS CONSTITUTING PROJECT DEVELOPMENT PLAN
1) Specific Plan Area No. 1 (SP-04-002) - Approved 4/18/05, as amended by SPA 22-01 for SP Amendment No. 5 – Approved 7/21/2025.
2) Environmental Impact Report (EA-04-003) - Certified 4/18/05, and Environmental Assessment 23-03 for EIR Addendum No. 4 – Approved 7/21/2025. 3) General Plan Amendment (GP-04-002) - Approved 4/18/05, as amended by GPA 23-02 – Approved 7/21/2025.
4) Zone Change (ZC-04-002) - Approved 5/2/2005.
5) Vesting Tentative Tract Map 33702 - Approved 6/20/2005. 6) Vesting Tentative Tract Map 33536 - Approved 5/29/07, as amended 7/21/2025. 7) Tentative Parcel Map 33105 - Approved 4/18/05.
8) Tentative Parcel Map 38212 – Approved 7/21/2025.
84615.015 - 434407.5 EXHIBIT D – Page 1
EXHIBIT D
INTENTIONALLY OMITTED
84615.015 - 434407.5 EXHIBIT E – Page 1
EXHIBIT E
PUBLIC SAFETY FACILITY PLAN
TABLE OF CONTENTS (cont.)
Page
84615.015 - 434407.5 EXHIBIT E – Page 2
Publish Date: July 4, 2025
Darlene Gerdes, City Clerk
CITY OF CALIMESA
NOTICE OF PUBLIC HEARING
PUBLIC NOTICE IS HEREBY GIVEN that on July 21, 2025 at 6:00 p.m. in the Norton Younglove Senior Center, 908 Park Avenue, Calimesa, California, the City Council of the City of Calimesa will hold a public hearing (in person) to consider the fifth proposed amendment to the Summerwind Ranch at Oak Valley Specific Plan, associated Environmental Assessment, General Plan Amendment, and Tentative Tract Map No. 33536 Amendment 1, Tentative Parcel Map No.38212, and Development Agreement proposing a residential rephase, as follows:
A REQUEST BY PAUL ONUFER ON BEHALF OF JENSOCAL 1 FOR THE SUMMERWIND TRAILS (PHASES II – V) PROJECT IN THE SUMMERWIND RANCH AT OAK VALLEY SPECIFIC PLAN: ENVIRONMENTAL ASSESSMENT 23- 03 (EA 23-03), GENERAL PLAN AMENDMENT 23-02 (GPA 23-02), SPECIFIC PLAN AMENDMENT 22-01 (SPA 22-01), TENTATIVE TRACT MAP (TTM 33536) AMENDMENT 1, TENTATIVE PARCEL MAP (TPM 38212), AND DEVELOPMENT AGREEMENT 25-02 (DA 25-02) ON A 853.4 GROSS-ACRE PORTION OF THE
SUMMERWIND RANCH SPECIFIC PLAN PROJECT LOCATED
APPROXIMATELY AT THE NORTHWEST OF THE INTERSECTION OF ROBERTS ROAD AND SINGLETON ROAD AT APNS: 413-200-058, -052, -046, 413-190-022, -021, -025, -024, -018:
• EA 23-03, AN ENVIRONMENTAL ASSESSMENT EVALUATING MINOR TECHNICAL CHANGES OR ADDITIONS TO THE PROJECT. THE ANALYSIS
IDENTIFIES THAT NONE OF THE CONDITIONS CITED IN CEQA
GUIDELINES SECTIONS 15162 THROUGH 15164 CALLING FOR THE
PREPARATION OF A SUBSEQUENT OR SUPPLEMENTAL EIR HAVE
OCCURRED, RESULTING IN THE PREPARATION OF THE FOURTH
ADDENDUM TO THE PREVIOUSLY CERTIFIED SUMMERWIND RANCH EIR (SCH# 2004061035).
• GPA 23-02, A PROPOSED AMENDMENT TO THE GENERAL PLAN LAND USE MAP (FIGURE LU-1) TO MODIFY THE LOCATION OF RESIDENTIAL,
SCHOOL, PARK, TRAILS, AND OPEN SPACE DESIGNATIONS TO BE
CONSISTENT WITH THE ASSOCIATED PROPOSED SPECIFIC PLAN
AMENDMENT.
• SPA 22-01, PROPOSED AMENDMENT NO. 5 TO THE SUMMERWIND RANCH
AT OAK VALLEY SPECIFIC PLAN TO MODIFY EXISITNG LAND USE DESIGNATIONS FOR PLANNING AREAS B-6, B-11, B-4 TO RELOCATE A SCHOOL SITE, MODIFYPLANNING AREA D-6 TO REMOVE A WATER
Publish Date: July 4, 2025
Darlene Gerdes, City Clerk
RECLAMATION FACILITY FOR YVWD, AND MODIFY PLANNING AREAS C6, C-7, C-8 FOR A ROAD ALIGNMENT ALONG SINGLETON ROAD. • TENTATIVE TRACT MAP (TTM) NO. 33536 AMENDMENT 1, A REVISION TO THE PREVIOUSLY APPROVED TTM 33536 TO REPHASE FUTURE
RESIDENTIAL DEVELOPMENT AND RECONFIGURATION OF THE
EXISTING PARCELS ON THE PROJECT SITE.
• TENTATIVE PARCEL MAP (TPM) NO. 38212, PROPOSAL TO SUBDIVIDE PHASE 2 RESIDENTIAL FOR FINANCE AND CONVEYANCE PURPOSES • DA 25-02, A PROPOSED SECOND AMENDMENT TO THE DEVELOPMENT
AGREEMENT TO ADDRESS MODIFICATIONS FROM THE PREVIOUSLY
APPROVED DEVELOPMENT PROJECT.
NOTICE IS FURTHER GIVEN that the public may provide comments as follows: 1) Submit written comments to City Hall at the above address, 2) Email comments to the City Clerk at [email protected], or 3) Attend the meeting in person and speak thereon. Please note, mailed and/or emailed comments must be submitted by 5:30 p.m. on July 21, 2025.
PLEASE NOTE that pursuant to Government Code Section 65090, if you challenge the project in court, you may be limited to raising only those issues you raised at the public hearing as described in this Notice or in written correspondence delivered to the City Clerk of the City of Calimesa prior to or at the public hearing.
Publish Date: July 4, 2025
Darlene Gerdes, City Clerk
CITY OF CALIMESA
SPECIFIC PLAN AMENDMENT NO. 5 TO THE SUMMERWIND RANCH AT OAK
VALLEY SPECIFIC PLAN
Publish Date: July 4, 2025
Darlene Gerdes, City Clerk
TENTATIVE TRACT MAP NO. 33536 AMENDMENT 1
Publish Date: July 4, 2025
Darlene Gerdes, City Clerk
TENTATIVE PARCEL MAP NO. 38212
UPDATED May 21, 2024
City of Calimesa Fire
Attn: Tim O’Connell
908 Park Avenue
Calimesa, CA 92320
C.R.&R.
P.O. Box 1208
Perris, CA 92572
The Gas Co.
P.O. Box 3150
San Dimas, CA 91773
Riverside County Flood Control
Attn: Mark Wills
1995 Market Street
Riverside, CA 92501
Phone: (951) 955-1200
City of Redlands
Attn: Brian Foote
35 Cajon Street, #200
Redlands, CA 92373
Southern California Edison
P.O. BOX 300
Rosemead, CA 91772-0001
City of Yucaipa – Planning Department
Attn: Benjamin Matlock
34272 Yucaipa Boulevard
Yucaipa, CA 92399
Riverside County Sheriff’s Department
Attn: Tim Salas
50290 Main St
Cabazon, CA 92230
Phone: (951) 922-7100
Omnitrans Headquarters
1700 W. Fifth Street
San Bernardino, CA 92411
Beaumont City Planning Department
Attn: Carole Kendrick
550 E 6th St
Beaumont, CA 92223
Riverside County Planning Department
4080 Lemon Street
P.O. Box 1409
Riverside, CA 92502-1409
Banning Pass Area Transit
789 North San Gorgonio Avenue
Banning, CA 92220
South Mesa Water District
Attn: Dave Armstrong
391 W Ave L
Calimesa, CA 92320
Phone: (909) 795-2401
Beaumont Unified School District
Attn: Superintendent’s Office
350 West Brookside Avenue
PO Box 187
Beaumont, CA 92223
Riverside Transit Agency
1825 Third Street
P.O. Box 59968
Riverside, CA 92517-1968
City of Banning
Attn: Adam Rush
99 E Ramsey Street
Banning, CA 92220
City of Redlands
Attn: Brian Foote
35 Cajon Street, #200
Redlands, CA 92373
Yucaipa Valley Water District
Attn: Joe Zoba
12770 2nd St
Yucaipa, CA 92399
Phone: (909) 797-5117
Yucaipa/Calimesa Joint Unified School
District
Attn: Eric Vreeman
12797 3rd St
Yucaipa, CA 92399
City of Redlands
Attn: Brian Foote
35 Cajon Street, #200
Redlands, CA 92373
City of Redlands
Attn: Brian Foote
35 Cajon Street, #200
Redlands, CA 92373
Yucaipa Valley Water District
Attn: Matt Porras
12770 2nd St
Yucaipa, CA 92399
Yucaipa/Calimesa Joint Unified School
District
Attn: Cali Binks, Superintendent
12797 3rd St
Yucaipa, CA 92399
City of Redlands
Attn: Brian Foote
35 Cajon Street, #200
Redlands, CA 92373
Beaumont Unified School District
Attn: Krystal Flores, Facilities Coordinator
350 West Brookside Avenue
PO Box 187
Beaumont, CA 92223
Beaumont Cherry Valley Water District
Attn: Dan Jaggers
560 Magnolia Avenue
Beaumont, CA 92223
City of Beaumont
Attn: Christina Taylor
550 E 6th St
Beaumont, CA 92223
UPDATED May 21, 2024
TRIBAL NOTIFICATIONS
Use for SB18 and AB52 Processes
AND Public Hearings
Morongo Band of Mission Indians
ATTN: Ann Brierty, THPO
12700 Pumarra Rd,
Banning, CA 92220
Agua Caliente Band of Mission Indians
Attn: Patricia Garcia-Plotkin, Director
5401 Dina Shore Drive
Palm Springs, CA 92264
San Manuel Band of Mission Indians
Attn: Alexandra McCleary, Cultural Lands Mngr
26569 Community Center Drive
Highland, CA 92346
Augustine Band of Cahuilla Mission Indians
Attn: Amanda Vance, Chairperson
84-001 Avenue 54
Coachella, CA 92236
Cabazon Band of Mission Indians
Attn: Doug Welmas, Chairperson
84-245 Indio Springs Parkway
Indio, CA 92203
Cahuilla Band of Indians
Attn: Daniel Salgado, Chairperson
52701 US Hwy 371
Anza, CA 92539
Los Coyotes Band of Cahuilla and Cupeno
Indians
Attn: Ray Chapparosa, Chairperson
PO Box 189
Warner Springs, CA 92086-0189
Ramona Band of Cahuilla Mission Indians
Attn: Joseph Hamilton, Chairperson
PO Box 391670
Anza, CA 92539
Quechan Tribe of the Fort Yuma Reservation
Jill McCormick, Historic Pres Officer
P.O. Box 1899
Yuma, AZ 85366
Santa Rosa Band of Cahuilla Indians
Attn: Lovina Redner, Tribal Chair
PO Box 391820
Anza, CA 92539
Serrano Nation of Mission Indians
Attn: Wayne Walker, Co-Chairperson
PO Box 343
Patton, CA 92369
Soboba Band of Luiseno Indians
Attn: Joseph Ontiveros, Cultural
Resource Department
PO Box 487
San Jacinto, CA 92581
Torres-Martinez Desert Cahuilla Indians
Attn: Thomas Tortez, Chairperson
PO Box 1160
Thermal, CA 92274
Pechanga Cultural Resources Department
Attn: Mark Macarro, Chairperson
P.O. Box 1477
Temecula, CA 92593
Interested parties:
James Wright Joan Fritz Oak Valley North ONLY:
10329 Calimesa Blvd #4 838 Hilltop Court Jeff Modrzejewski (request via email and hard copy) [email protected] Calimesa, CA 92320 Calimesa, CA 92320 CARE CA
501 Shatto Place, Suite 200
Los Angeles, CA. 90020
Danae Delaney Juanita and Richard Gamez
223 Tanglewood Drive 826 Hilltop Court
Calimesa, CA 92320 Calimesa, CA 92320
David Zaitz Jack Easton
1354 Chestnut Road 5058 Brockton Avenue
Calimesa, CA 92320 Riverside, CA 92506
UPDATED May 21, 2024
Lozeau Drury LLP
Attn: Richard Drury, Komalpreet Toor, Stacey Oborne
1939 Harrison Street, Suite 150
Oakland, CA 94612
Rincon Band of Luiseno Indians
Attn: Chery Madrigal, THPO
One Government Center Lane
Valley Center, CA 92082
Pala Band of Mission Indians
Attn: Shasta Gaughen, THPO
PMB 50, 35008 Pala Temecula Road
Pala, CA 92059
City Council Meeting
Agenda Report
Agenda Item No. 28
SUBJECT: PUBLIC HEARING – BIRTCHER LOGISTICS CENTER AT OAK VALLEY TOWN CENTER – A REQUEST BY RUSSELL PIERCE ON
BEHALF OF QR BIRTCHER OAK VALLEY OWNER, LLC FOR
APPROVAL OF ORDINACE 414, APPROVING DEVELOPMENT
AGREEMENT 25-03 (DA 25-03) BETWEEN QR BIRTCHER OAK
VALLEY OWNER, LLC AND THE CITY OF CALIMESA ON AN
APPROXIMATE 115-ACRE SITE WITHIN THE SUMMERWIND
RANCH AT OAK VALLEY SPECIFIC PLAN AREA 1, AMENDMENT
NO. 4 AS PREVIOUSLY APPROVED PURSUANT TO GENERAL
PLAN AMENDMENT 21-01, SPECIFIC PLAN AMENDMENT 21-01,
AND TENTATIVE PARCEL MAP 37862, AND MAKING
ENVIRONMENTAL FINDINGS UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
MEETING DATE: July 21, 2025
PREPARED BY: Will Kolbow, City Manager
Selenne Sevilla, Senior Planner
RECOMMENDATION: That the City Council:
1. Introduce first reading, by title only, of Ordinance 414, an Ordinance of the City of Calimesa approving that certain Development Agreement 25-03 (DA 25-03) between the City of Calimesa and QR Birtcher Oak Valley Owner, LLC for the Birtcher Logistics Center Project located in the Summerwind Ranch at Oak Valley Specific Plan Area No. 1 and making findings no further environmental analysis is required, pursuant to Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15164.
BACKGROUND: The City Council approved General Plan Amendment 20-01 and Tentative Parcel Map (TPM) 37862 on November 2, 2020 (Resolution Nos. 2020-43 and 2020-44) and adopted the Summerwind Ranch at Oak Valley Specific Plan SP-1, Amendment #2 on November 16, 2020 (Ordinance No. 374). These approvals involved minor modifications to land uses within the Oak Valley Town Center (decrease Business Park land use by 1.5 acres, increase Commercial land use by 2.7 acres, and increase Open Space land use by .6 acres), and included modifications to development provisions which facilitate the future development of warehouse facilities within the Oak Valley Town Center.
On September 6, 2022, the City Council approved five Development Plan Reviews (DPR 21-01 through 21-06) and four Conditional Use Permits (CUP 21-01 through 21-04) (City Council
Resolutions 2022-48, 2022-49, 2022-50, 2022-51, and 2022-52) (collectively, the “Development Approvals”) for four industrial buildings (Buildings A – D), and a “wedge” shaped trailer storage facility totaling approximately 2.25 million square feet of industrial development on approximately 115-acres. The original approval packet with site plans, architectural elevations, detailed renderings, and environmental analysis are included here as Attachment A.
Subsequently on August 12, 2024, Birtcher Development Management, LLC requested a 12-month extension for the five (5) design review applications for the four warehouse buildings and a truck and trailer parking lot on the wedge. The Planning Commission approved the first and only possible extension by PC Resolution 2024-30 extending DPR 21-01 through DPR 21-06 until September 5, 2025.
QR Birtcher Oak Valley Owner, LLC has submitted a request for a Development Agreement with the City of Calimesa to further vest entitlements for the Birtcher Logistics site located within the Summerwind Ranch at Oak Valley Specific Plan Area 1. The requested Development Agreement does not modify the approved land use plan, allowed uses, development provisions or traffic generation for the Summerwind Ranch Specific Plan. Rather, it defines the terms for community benefits including a development agreement payment, contributions to public improvements, and community benefit payments upon issuance of Certificates of Occupancy. These are in addition to the public benefits received at the time of the Development Plan Review (DPR) and Conditional Use Permit (CUP) approvals. Development Agreement 25-03 (DA 25-03) would vest development rights for a finite period obtained through the approvals issued as of the effective date of the ordinance adopting the Development Agreement. Development Agreement 25-03 (DA 25-03) would vest development rights for Development Plan Reviews 21-01 through 21-06 and for Conditional Use Permits 21-01 through 21-04 for a finite period obtained through the approvals issued as of the effective date of the ordinance adopting the Development Agreement.
The Planning Commission conducted a public hearing on June 23, 2025 and adopted PC Resolution 2025-07, recommending that the City Council approve Development Agreement 25-03 (See Attachment B).
DISCUSSION:
PROJECT AREA:
The Development Agreement covers 115-acres of the previously approved Tentative Parcel Map 37862, which is owned by QR Birtcher Oak Valley Owner, LLC. Associated entitlements to this project site are General Plan Amendment (GPA 21-01), Specific Plan Amendment (SPA 21-01), Development Plan Review (DPR 21-02) for the “Wedge,” Development Plan Review (DPR 21-03) and Conditional Use Permit (CUP 21-01) for Building A, Development Plan Review (DPR 21-04) and Conditional Use Permit (CUP 21-02) for Building B, Development Plan Review (DPR 21-05) and Conditional Use Permit (CUP 21-03) for Building C, and Development Plan Review (DPR 21- 06) and Conditional Use Permit (CUP 21-04) for Building D. The land area covered in the Development Agreement is identified in the figure below.
DEVELOPMENT AGREEMENT TERMS:
The proposed Development Agreement includes certain provisions that implement existing requirements of the Summerwind Ranch at Oak Valley Specific Plan. Thus, the Development Agreement provides for Community Benefits including contributions to infrastructure improvements, a development agreement fee, and community benefit payments at Certificate of Occupancy. The primary terms of the Development Agreement are listed in the table below:
Development Agreement Terms
# Item Development Agreement Provision
1. Parties QR Birtcher Oak Valley Owner, LLC and City of Calimesa
2. Site Approximate 115-acre area owned by QR Birtcher Oak Valley Owner, LLC.
3. Term 7-year term from the effective date of the Development Agreement, with two two-year optional extensions, for a total possible term of 11 years.
4. Fees Payment of a Development Agreement fee of $200,000 payable within 30 days of the Agreement Date, and $100,000 for each extension option exercised by Developer, payable within 30 days of the Effective Date of the Extension.
4. Termination By mutual consent of parties or successors in interest, in whole or in part.
5. Vested Rights Developer is obtaining the vested right to proceed with the development of the property in accordance with the Development Approvals, related Conditions of Approval, and terms and conditions of this Agreement.
6. Public Improvements Contribution to, or participation in, construction of Interim and Ultimate Public Improvements within the Oak Valley Town Center, subject to resolution of ongoing litigation between the City of Calimesa and Everest Reinsurance related to infrastructure performance bond obligations of Everest.
7. Community Benefit
Contributions
Developer will make a Community Benefit Contribution (CBC) payment of $0.50 per square foot of constructed industrial buildings within the Project, payable at or before Certificate of Occupancy (COO) of each building, for a total possible CBC payment of $1,125,000 at project build out. Developer payment shall be offset (or reimbursed) by any sales tax produced by a building site in which the City of Calimesa is designated as the point-of-sale, for Bradley Burns sales tax purposes, within five years of the last issued COO.
California Environmental Quality Act:
In accordance with the California Environmental Quality Act (CEQA), Environmental Assessment EA 21-01 previously analyzed the technical changes to the Summerwind Ranch Specific Plan from DPRs 21-02 through 21-06, CUPs 21-01 through 21-04 and resulted in the City Council’s adoption of a Second Addendum and related Mitigation Monitoring and Reporting Program (MMRP) to the Certified Summerwind Ranch FEIR (SCH 2004061035) on September 6, 2022 (Resolution 2022-
46). Staff has determined that the proposed Development Agreement between QR Birtcher Oak Valley Owner, LLC, and the City of Calimesa does not modify the approved land use plan, allowed uses, development provisions, traffic generation or any other issues associated with environmental impacts for the Summerwind Ranch Specific Plan, and result in no additional environmental impacts, and therefore are within the scope of and consistent with the approved EIR Addendum and MMRP, and previously certified Summerwind Ranch Final EIR and related MMRP. Accordingly, no further environmental review is required pursuant to Public Resources Code §§ 21083.3 and 21166, and CEQA Guidelines §§ 15162, 15163, 15164, and 15183.
ATTACHMENTS:
Attachment A: September 6, 2022 CC Agenda Packet (Original DPR and CUP approval packet for reference) - https://www.calimesa.gov/AgendaCenter/ViewFile/Agenda/_09062022-97 Attachment B: PC Resolution 2025-07, Recommending approval of DA 25-03 Attachment C: Ordinance 414
Attachment D: Public Hearing Notification Package
Attachment A:
September 6, 2022 CC Agenda Packet (Original DPR and CUP approval packet for reference) - https://www.calimesa.gov/AgendaCenter/ViewFile/Agenda/_09062022-97
-1-
ORDINANCE NO. 414
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CALIMESA APPROVING DEVELOPMENT AGREEMENT 25-03
BETWEEN THE CITY OF CALIMESA AND QR BIRTCHER OAK
VALLEY OWNER LLC, FOR THE BIRTCHER LOGISTICS
CENTER AT OAK VALLEY TOWN CENTER PROJECT ON 115-
ACRES LOCATED APPROXIMATELY ONE-QUARTER MILE
NORTHWEST OF THE CHERRY VALLEY BOULEVARD/I-10
OVER-CROSSING TO APPROXIMATELY ONE-QUARTER MILE
NORTHWEST OF THE SINGLETON ROAD/I-10 OVERCROSSING
WHEREAS, on September 6, 2022, the City Council adopted City Council Resolutions 2022-48 through 2022-52 (collectively, the “Development Approvals”), approving Development Plan Reviews (DPR) 21-01 through 21-06 and Conditional Use Permits (CUP) 21-01 through 21-04 for four industrial buildings and a trailer storage facility totaling approximately 2.25 million square feet of industrial development on approximately 115-acres (collectively, the “Project”) for the Bircher Logistics Center at Oak Valley Town Center on 115-acres of certain real property located on Assessor Parcel Numbers (APNS): 413-190-006, -007, -033, -034, -035, -036, 413-290-079, -080, -081, - 082, -083 (the “Property”); and
WHEREAS, Russell Pierce on behalf of QR Birtcher Oak Valley Owner, LLC (the “Applicant”), submitted an application to the City of Calimesa for a Development Agreement (DA 25-03) for the Project; and
WHEREAS, a copy of DA 25-03 is attached to this Ordinance as Exhibit 1 and incorporated herein by reference; and
WHEREAS, California Government Code Sections 65864-65869.5 (the “Development Agreement Act”) and Calimesa Municipal Code Sections 18.85.010-
18.85.090 authorize the City Council to enter into a binding development agreement for the development of real property within its jurisdiction with persons having legal or equitable interests in such real property by approval of an ordinance; and WHEREAS, the Project were previously approved in accordance with the California Environmental Quality Act (CEQA), after consideration of Environmental Assessment EA 21-01, which analyzed the technical changes to the Summerwind Ranch Specific Plan from the Development Approvals and the adoption of a Second Addendum and related Mitigation Monitoring and Reporting Program (MMRP) to the Certified Summerwind Ranch FEIR (SCH 2004061035); and
WHEREAS, DA 25-03 does not modify the Project or the Development Approvals, including but not limited to any approved land use plan, allowed uses, development provisions, traffic generation, or any other issues associated with environmental impacts for the Summerwind Ranch Specific Plan, and therefore no further environmental review is required pursuant to Public Resources Code §§ 21083.3 and 21166, and CEQA Guidelines §§ 15162, 15163, 15164, and 15183.
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WHEREAS, on June 23, 2025, the Planning Commission held a duly noticed public hearing to consider DA 25-03, at which time all interested parties were given the opportunity to be heard and to present evidence and after which the Planning Commission voted to recommend the City Council approve DA 25-03; and WHEREAS, on July 21, 2025, the City Council held a duly noticed public hearing to consider DA 25-03, and the Planning Commission’s recommendation, at which time all interested parties were given the opportunity to be heard and to present evidence; and WHEREAS, the documents, staff report, technical studies, appendices, plans, specifications, and other materials that constitute the record of proceedings upon which this Ordinance is based are on file for public examination during normal business hours at the City of Calimesa City Hall, Community Development Department, 908 Park Avenue, Calimesa, California, 92320; and
WHEREAS, all legal prerequisites have occurred prior to adoption of this Ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA DOES ORDAIN AS FOLLOWS:
Section 1. Based on substantial evidence found in the administrative record for the Project, including but not limited to all evidence and testimony presented at the abovereferenced public hearings on DA 25-03, the City Council hereby finds as follows:
A. All facts set forth in the Recitals to this Ordinance are true and correct, and incorporated by this reference as if fully set forth herein.
B. Approval of DA 25-03 is a legislative act that shall be approved by ordinance and is subject to referendum.
C. The provisions of DA 25-03 are consistent with the General Plan and the Summerwind Ranch at Oak Valley Specific Plan, as amended by SPA 22-01, because DA 25-03 provides for the Project to be developed in a manner compatible with the uses authorized in, and the regulations prescribed for, the subject property.
D. By providing for the orderly development of the Project and additional community benefits, approval of DA 25-03 is in conformity with the General Plan and the Specific Plan and will promote public convenience, general welfare and good land use practice; will not be detrimental to the health, safety and general welfare; will not adversely affect the orderly development of property or the preservation of property values; and will promote and encourage the development of the Project by providing a greater degree of requisite certainty.
Section 2. Based on the findings set forth above in this Ordinance all other evidence in the record, the City Council approves DA 25-03, substantially in the form attached hereto as Exhibit 1.
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Section 3. This Ordinance shall take effect 30 days after its final passage. Within 15 days after its passage, the City Clerk shall cause this Ordinance or a summary hereof to be published and posted as required by law.
INTRODUCED AND PASSED UPON FIRST READING by title only, this __ day of _________ 2025, upon the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
PASSED, APPROVED, AND ADOPTED this __ day of _________ 2025, upon the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
LINDA MOLINA, MAYOR
ATTEST:
___________________________________
DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
___________________________________
STEVEN L. FLOWER, CITY ATTORNEY
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Exhibit A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CALIMESA AND QR BIRTCHER
OAK VALLEY OWNER LLC, FOR THE BIRTCHER LOGISTICS CENTER AT OAK
VALLEY TOWN CENTER PROJECT
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO
City of Calimesa
908 Park Avenue
Calimesa CA 92320
Attn: City Clerk
Space Above This Line for Recorder’s Use
(Exempt from Recording Fees per Gov’t Code § 6103)
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE
CITY OF CALIMESA
AND
QR BIRTCHER OAK VALLEY OWNER LLC,
FOR THE LOGISTICS CENTER AT OAK VALLEY TOWN CENTER
DEVELOPMENT
Ordinance No. _______
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DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (this “Agreement”) is entered into as July XX, 2025 (the “Reference Date”), by and between the CITY OF CALIMESA, a California municipal corporation and general law city existing under the Constitution of the State of the California (“City”), on the one hand, and QR BIRTCHER OAK VALLEY OWNER, LLC, a Delaware limited liability Company, ( “Developer”), on the other hand. City and Developer are occasionally referred to in this Agreement collectively as the “Parties” and individually as a “Party.” In consideration of the mutual covenants and agreements contained in this Agreement and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the Parties do hereby agree as follows:
1. RECITALS.
A. This Agreement is entered into pursuant to the authority of California Government Code Sections 65864-65869.5 (the “Development Agreement Act”) and Chapter
18.85 of Title 18 of the Calimesa Municipal Code (the “Development Agreement Ordinance”).
B. Developer has legal or equitable interests in the Property for the development of the Property as provided in this Agreement.
C. On or about September 6, 2022, the City Council approved the development of four industrial buildings and a truck trailer storage lot (“Development”) on approximately 115 acres of real property located approximately a quarter mile northwest of the Cherry Valley Boulevard to approximately a quarter mile northwest of the Singleton Road, within the City of Calimesa, the County of Riverside, State of California (“Property”), as legally described in Exhibit “A” and depicted on Exhibit “B,” attached to this Agreement. The Property includes Assessor Parcel Numbers (APNs) 413-190-006, 413-190-007, 413-190-021, 413-190-025, 413-290-047, and 413-290-075.
D. The “Development Approvals,” which are further described below, consisted of: (1) an amendment to general plan figure LU-1: land use map to accommodate minor changes to the land use designations of three non-contiguous portions of the site to business park (“GPA 21-01”); (2) an amendment to the Summerwind Ranch Specific Plan figures III-1, III-10, IV-68, and IV-70 to conform with GPA 21-01, revise the landscape setback requirements, and provide for administrative procedures for signage and open space amenities (“SPA 21-01”); (3) development plan review (“DPR”) and conditional use permit (“CUP”) for an approximate 705,783 square foot warehouse building; (4) DPR and CUP for an approximate 467,252 square foot warehouse building; (5) DPR and CUP for an approximate 457,267 square foot warehouse building; (6) DPR and CUP for an approximate 619,338 square foot warehouse building; DPR for an approximately 9.2-acre truck and trailer storage lot; and a revision to the adopted conditions of approval for the previously adopted Tentative Parcel Map 37862.
E. GPA 21-01 and SPA 21-01 are final and the Development is subject to and consistent with the City’s General Plan, the Summerwind Ranch Specific Plan, and all of the Development Approvals issued for the Development.
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F. For Developer, (i) the development of the Development is an integral part of Developer’s development plans for the Property; and (ii) this Agreement will provide certainty in timing of the facilities to enable Developer’s Development to proceed as proposed.
G. Developer desires to develop the Property in accordance with the Development Approvals, the provisions of this Agreement, and those laws and regulations of other agencies exercising jurisdiction over the Property.
H. Pursuant to Sections 65867 and 65867.5 of the Development Agreement Act, and the Development Agreement Ordinance, the City Council has found and determined that:
(i) this Agreement implements the goals and policies of, is consistent with, the General Plan, the Summerwind Ranch Specific Plan, supports balanced and diversified land uses, and imposes appropriate standards and requirements with respect to land development and usage in order to maintain the overall quality of life and the environment within City; (ii) based on the City Council’s review of the potential impacts and various potential benefits to City of this Agreement, the City Council has concluded that this Agreement is in the best interests of City and its residents; and (iii) adopting this Agreement constitutes a present and appropriate exercise of City’s police power.
I. The City Council finds, in its independent judgment, that pursuant to the California Environmental Quality Act (“CEQA”), all of the potential impacts on the environment of the Development Approvals and this Development Agreement have been fully analyzed in, and are covered by, the Final Environmental Impact Report for the Summerwind Ranch at Oak Valley Amendment No. 1 to the Oak Valley Specific Plan Area No. 1 (SCH#2004061035) (“Summerwind Ranch EIR”) which was certified by the City Council on April 18, 2005 pursuant to Resolution No. 2005-14, and the Addendum to the Summerwind Ranch EIR (“EIR Addendum”), which was approved by the City Council on November 2, 2020 pursuant to Resolution No. 2020-42, and the Addendum to the Summerwind Ranch EIR (“Second EIR Addendum”) which was approved by the City Council on September 6, 2022 pursuant to Resolution No. 2022-46. The City Council further finds that no further environmental review of this Development Agreement is required, pursuant to CEQA Guidelines sections 15162, 15163 and 15164, and Public Resources Code section 21166.
2. DEFINITIONS.
In addition to the terms set forth in Section 1 (Recitals), above, this Agreement uses a number of additional terms having specific meanings, as defined below, and which are distinguished by having the initial letter capitalized when used in this Agreement. The defined terms include the following:
A. “CEQA” means the California Environmental Quality Act, Cal. Pub. Res.
Code§ 21000, et seq., and the State CEQA Guidelines, 14 Cal. Code Reg. § 15000, et seq., as amended from time to time.
B. “City Development Impact Fees” or “City DIF” means and includes all development impact fees charged by City in connection with the approval or issuance of permits for the development of property, including, without limitation:
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(1) City’s General Government Facilities Fees;
(2) City’s Streets and Traffic Facilities Fees;
(3) City’s Library Facilities Fees;
(4) City’s Park Fees (including without limitation, Park Development and Recreational Facilities Mitigation Fees, and land acquisition and improvement costs); (5) City’s Storm Drain Facilities Fees;
(6) City’s Fire Protection Facilities Fees;
(7) City’s Police Facilities Fees;
(8) Affordable housing in lieu fee; and
(9) Any and all other fees charged by City in connection with development of the Property for the purpose of defraying all or a portion of the cost of mitigating the impacts of the Property and development of the public facilities related to development of the Property, including without limitation any new categories of development impact fees adopted after the Effective Date of this Development Agreement; and (10) Any similar City fees, charges and exactions required for the development of the Property.
C. “City Development Impact Fees” or “City DIF” does not mean and excludes (i) processing fees and charges of every kind and nature imposed by City generally to cover the estimated actual costs to City of processing applications for Development Approvals; (ii) TUMF (Western Riverside County Transportation Uniform Mitigation Fee), as determined and imposed by WRCOG); (iii) MSHCP (Western Riverside County Multiple Species Habitat Conservation Plan Mitigation Fee) as determined and imposed by the Western Riverside County Regional Conservation Authority(RCA); and (iv) any other fees established by Federal, State, County, and multi-jurisdictional agencies, laws and/or regulations that City is required or agrees to enforce as against the Property or the Development.
D. “Development” means the improvement of the Property for the purposes of constructing structures, improvements and facilities on the Property, including the maintenance, repair and replacement of any building, structure, improvement, landscaping or facility after its construction and completion on the Property.
E. “Development Agreement”, or “Agreement”, means this Logistics Center at Oak Valley Town Center Agreement approved ________, pursuant to Ordinance No. _____.
F. “Development Approvals” means any and all permits, licenses, consents, rights and privileges, and other actions approved or issued by City previously in connection with the Property on or before the Effective Date, including but not limited to:
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(1) CC Resolution 2022-47 approving GPA 21-01, amending the Land Use, Open Space, and Trails Maps in the General Plan;
(2) Ordinance No. 382 SPA 21-01, adopting Specific Plan Amendment SP-1, Amendment 3 (Summerwind Ranch);
(3) CC Resolution 2022-48 approving DPR 21-02, for design review of the “Wedge” truck and trailer parking facility, subject to Conditions of Approval; (4) CC Resolution 2022-49 approving DPR 21-03 and CUP 21-01, for proposed industrial development consisting of the approximately 705,783 square foot “Building A” and related site improvements;
(5) CC Resolution 2022-50 approving DPR 21-04 and CUP 21-02, for proposed industrial development consisting of the approximately 467,252 square foot “Building B” and related site improvements;
(6) CC Resolution 2022-51 approving DPR 21-05 and CUP 21-03, for proposed industrial development consisting of the approximately 457,267 square foot “Building C” and related site improvements;
(7) CC Resolution 2022-52 approving DPR 21-06 and CUP 21-04, for proposed industrial development consisting of the approximately 619,338 square foot “Building D” and related site improvements; and
(8) All extensions of approvals granted to Developer, including but not limited to,
All of the Development Approvals are on file in the City Clerk’s Office.
G. “Environmental Determinations” means the following:
(1) “EIR” or “Summerwind Ranch EIR” means the Environmental Impact Report for the Summerwind Ranch at Oak Valley Amendment No. 1 to the Oak Valley Specific Plan Area No. 1 (SCH#2004061035), including Mitigation Monitoring and Reporting Program, CEQA Findings of Fact, and statement of overriding considerations, certified by the City Council of the City of Calimesa on April 18, 2005, pursuant to Resolution No. 2005-14, subject to Sections 4.A. and 4.13. of this Agreement;
(2) “EIR Addendum” or “Oak Valley Town Center EIR Addendum” means the Addendum to the Summerwind Ranch EIR (EA 20-03), including Mitigation Monitoring and Reporting Program, approved by the City Council of the City of Calimesa on November 2, 2020, pursuant to Resolution No. 2020-42, subject to Sections 4.A. and 4.13. of this Agreement;
(3) “Second EIR Addendum” means the Addendum to the
Summerwind Ranch EIR (EA 21-01), including Mitigation Monitoring and Reporting Program,
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approved by the City Council of the City of Calimesa on September 6, 2022, pursuant to Resolution No. 2022-46.
(4) “Consistency Finding” shall mean the findings made by the City Council pursuant to Public Resources Code 21166 and CEQA Guidelines sections 15162, 15163 and 15164, that the impacts of this Development Agreement have been fully analyzed in, and are fully covered by, the Summerwind Ranch EIR and the EIR Addendum, subject to Sections 4.A. and 4.13. of this Agreement and Ordinance No. 375 approving this Agreement; (5) “Land Use Regulations” means all ordinances, resolutions, codes, rules, regulations and official written policies of City adopted and effective on or before the Effective Date governing the Development and use of the Property, including, without limitation, the permitted use of the Property, the density or intensity of use, the rate of development of land, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, the design, improvement and construction standards and specifications applicable to the Development, and the Development Approvals.
Land Use Regulations does not mean and excludes City Development Impact Fees. Land Use Regulations are listed on Exhibit “C.”
H. “Oak Valley Town Center Project” means the entire mixed use development to be constructed on the Property subject to the Summerwind Ranch Specific Plan as amended by the Oak Valley Town Center Specific Plan pursuant to Summerwind Ranch Specific Plan SP-1, Amendment 2 (SPA 20-01), as adopted on November 16, 2020 pursuant to Ordinance No. 374.
I. “Ordinance” means Ordinance No. ___, adopted ________, approving this Development Agreement.
J. “Person” means any natural person, a partnership, a joint venture, an unincorporated association, a limited liability company, a corporation, a trust or any other legal entity, including governmental and quasi-governmental agencies, authorities, boards, bureaus, commissions, departments or other political subdivisions or political bodies.
K. “Public Improvements” means the streets, trails, paseos, parks, infrastructure and other public facilities that are to be constructed and dedicated to City or other public entities and which are part of the proposed Development. Public Improvements collectively include (i) off-site improvements and (ii) on-site improvements, as further described in Infrastructure Cost Reimbursement Agreement (“ICRA”).
L. “Reservation of Authority” means the rights and authority excepted from the assurances and rights provided to Developer under this Agreement and reserved to City under Section 4.B. of this Agreement.
M. “Subsequent Development Approvals” means any and all permits, licenses, consents, rights and privileges, and other actions approved or issued by City subsequent to the Effective Date in connection with the Development that do not prevent development of the Property for the uses and to the density or intensity of development set forth in this Agreement and that are consistent with the Land Use Regulations. As contemplated in the City Council’s
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November 16, 2020 approval of the Oak Valley Town Center Project and associated Development Approvals, the definition of Subsequent Development Approvals includes, but is not limited to, any Development Plan Review(s) and Conditional Use Permit(s) for industrial (including distribution/logistics/warehouse) uses within the Oak Valley Town Center Project that are consistent with the Development Approvals.
N. “Subsequent Land Use Regulations” means any and all ordinances, resolutions, codes, rules, regulations and official written policies of City adopted and effective after the Effective Date governing development and use of the Property.
O. “Transfer” means any lease, sale, encumbrance, assignment or other transfer of all or any portion of the Property or any interest therein.
P. “Transferee” means a Person that acquires an interest in the Property pursuant to a Transfer and agrees to assume Developer’s obligations under this Agreement with respect to the interest, including but expressly not limited to, any assignee, successor, buyer, purchaser, lessor, lender, or other transferee of any kind.
3. GENERAL TERMS OF THE DEVELOPMENT AGREEMENT.
A. Term. The Term of this Agreement shall commence on the Effective Date and shall continue for seven years thereafter (the “Initial Term”). Developer shall have the option to extend the Initial Term for an additional two years (the “First Extended Term”) upon notice to the City at least 30 days before the expiration of the Initial Term, which notice must be accompanied by payment to City of an Extension Fee of one hundred thousand dollars ($100,000) as required by Section 5.A.(4) of this Agreement. Developer shall have the option to extend the First Extended Term for an additional two years (the “Second Extended Term”) upon notice to the City at least 30 days before the expiration of the First Extended Term, which notice must be accompanied by payment to City of an additional Extension Fee of one hundred thousand dollars ($100,000) as required by Section 5.A.(4) of this Agreement. Any further extension of the Term beyond the Second Extended Term shall require an amendment of this Agreement.
B. Effective Date. This Agreement shall be effective, and the obligations of the Parties to this Agreement shall be effective on the date that Ordinance No. _____ approving this Agreement becomes effective (the “Effective Date”). The Parties shall approve an Operating Memorandum pursuant to Section 3.C.(4), confirming the Effective Date of the Agreement.
C. Amendment of Development Agreement.
(1) Initiation of Amendment. Any Party may propose an amendment to this Agreement. The Parties agree that it may be beneficial to enter into additional agreements or modifications of this Agreement in connection with the implementation of the separate components of the Development upon mutual agreement of the Parties. (2) Procedure. Except as set forth in Section 3.C.(4), below, the procedure for proposing and adopting an amendment to this Agreement shall be the same as the procedure required for entering into this Agreement under the Development Agreement Act.
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(3) Consent. Except as otherwise provided in this Agreement, any amendment to this Agreement shall require both Parties’ written consent. No amendment to all or any provision of this Agreement shall be effective unless set forth in writing and signed by each Parties’ duly authorized representatives.
(4) Operating Memoranda. Refinements and further development of the Development may demonstrate that changes are appropriate with respect to the details and performance of the Parties under this Agreement. The Parties desire to retain a certain degree of flexibility with respect to those items covered in general terms under this Agreement. If and when the Parties mutually find that changes, adjustments, or clarifications are appropriate to further the intended purposes of this Agreement, they may, unless otherwise required by law, effectuate the changes, adjustments, or clarifications without amendment to this Agreement through one or more operating memoranda mutually approved by the Parties. The operating memoranda may be approved on behalf of City by the City Manager, or the person designated in writing by the City Manager, and by any corporate officer or other person designated for the purpose in a writing signed by a corporate officer or other legally authorized representative on behalf of Developer.
After execution of an operating memoranda it shall be attached to and incorporated into this Agreement as addenda. Unless otherwise required by law or by this Agreement, no changes, adjustments, or clarifications shall require prior notice or hearing, public or otherwise. An operating memorandum may not be used by the City Manager or Community Development Director as a means to avoid an amendment to the Oak Valley Town Center Projector to increase the density, intensity or types of uses or development standards in the Specific Plan or Current Zoning Ordinance.
D. Cancellation and Termination. This Agreement may be cancelled, in whole or in part, by mutual consent of the Parties or their successors in interest in accordance with Government Code Section 65867. Unless terminated earlier, pursuant to the terms of this Agreement, this Agreement shall automatically terminate and be of no further effect upon the expiration of the Term. Termination of this Agreement, for any reason, shall not, by itself, affect any right or duty arising from entitlements or approvals set forth under the Development Approvals. Notwithstanding any other Section in this Agreement, the Phase 2 improvement obligations (as further defined in Section 7.D) shall become void and have no effect if Developer informs City in writing of either (i) its intent to seek discretionary approvals from City for a development that is inconsistent with the Development Approvals and this Agreement or (ii) Developer’s decision to abandon the Development Approvals
4. DEVELOPER’S RIGHTS AND LIMITATIONS REGARDING
DEVELOPMENT OF THE PROPERTY.
A. Right to Develop.
(1) Right to Develop. Developer shall have a vested right to develop the Property for the Term of this Agreement in accordance with, and to the extent of, the Development Approvals and this Agreement.
(2) Vested Rights. By entering into this Agreement and relying thereon, Developer is obtaining the vested rights to proceed with the Development of the Property in
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accordance with the Development Approvals and the terms and conditions of this Agreement. By entering into this Agreement and relying thereon, City is securing certain public benefits that enhance the public health, safety and welfare, a partial listing of which benefits is set forth in Section 1 of this Agreement.
(3) Permitted Uses. The Parties agree that the uses listed in Summerwind Ranch Specific Plan as amended by the Oak Valley Town Center Project and as otherwise provided in the Current Zoning Ordinance as of the Effective Date (included in the Land Use Regulations set forth in Section 2 and Exhibit “C”) are permitted and shall remain permitted uses for the Property.
(4) Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the rate or timing of development, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to the Development, shall be those contained in the Development Approvals and those Land Use Regulations not inconsistent with the Development Approvals that were in full force and effect as of the Effective Date. (5) Subsequent Development Approvals. City shall accept for processing, review and action all applications for Subsequent Development Approvals, and City staff shall use their reasonable efforts to process the applications in an expeditious manner, taking into account City’s staffing levels; and all requisite development fees imposed by City or any other federal, state, county, regional or multi-jurisdictional agency shall be calculated and paid by Developer at such time as payment for the fees is due and payable, for all or a portion of the Property. Unless otherwise requested by Developer, City shall not, without good cause, amend or rescind any Subsequent Development Approvals respecting the Property after City has granted the same. Environmental review of applications for Subsequent Development Approvals shall be conducted in accordance with CEQA.
(6) Development in Accordance with Agreement and Applicable Law:
Timing of Development. Developer’s commencement and completion of the Development shall be in accordance with this Agreement, including, without limitation, the Development Approvals, the Environmental Determinations set forth in Section 2 and in compliance with all laws, regulations, rules, and requirements of all non-City governing entities with jurisdiction over the Property. Except as set forth in Agreement, regardless of any future enactment, by initiative, or otherwise, Developer may, in its discretion, develop the Property in one phase or in multiple phases at such times as Developer deems appropriate within the exercise of its subjective business judgment. City agrees that Developer may apply for and receive permits, maps, occupancy certificates and other entitlements to develop and use the Property at any time, provided that the application is made in accordance with this Agreement and the Land Use Regulations. (7) Changes and Amendments. It is contemplated by City and Developer that Developer may, from time to time, seek amendments to one or more of the Development Approvals. Any amendments are contemplated by City and Developer as being within the scope of this Agreement as long as they are consistent with the Land Use Regulations and shall, upon approval by City, continue to constitute the Development Approvals as referenced
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in this Agreement. The Parties agree that any amendments shall not constitute an amendment to this Agreement nor require an amendment to this Agreement.
B. Reservation of Authority by City.
(1) Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the Development:
a. Processing fees and charges of every kind and nature imposed by City generally to cover the estimated actual costs to City of processing applications for Subsequent Development Approvals.
b. City Developer Fees of any kind, of the categories set forth in Section 2.C. of this Agreement, or such additional fee categories adopted after the Effective Date of this Agreement, including without limitation, City Development Impact Fees charged by City in connection with the approval or issuance of permits for the development of property, and all application and processing fees customarily imposed on the type of entitlement and/or permit sought at the rate, and in the amount, imposed by City pursuant to the fee schedule, resolution or ordinance in effect at the time the application is deemed complete and accepted by City for action, or for which fees are otherwise designed to reimburse City’s expenses attributable to processing the applications for entitlements, permits, or both.
c. Procedural regulations consistent with this Agreement relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matters of procedure. d. Changes adopted by the City Council in the California Building Code, California Residential Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, or California Electrical Code, California Green Building Standards Code, California International Property Maintenance Code, California Energy Code, California Historical Building Code, California Existing Building Code, Uniform Housing Code, California Administrative Code and Uniform Code for the Abatement of Dangerous Buildings and similar uniform codes as required by and in accordance with State law. e. Rules, regulations and official policies governing permitted uses of the land, density, and design, improvement, and construction standards and specifications existing after the Effective Date that are not in conflict with the Development Approvals and this Agreement.
f. Rules, regulations and official policies governing permitted uses of the land, density, and design, improvement, and construction standards and specifications existing after the Effective Date that are in conflict with the Development Approvals, provided Developer has given written consent to the application of the rules, regulations and policies to the Development.
g. Federal, state, county and multi-jurisdictional laws, regulations and fees (including but expressly not limited to TUMF and MSHCP) that City is
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required or agrees to enforce as against the Property or the Development, whether or not the laws and regulations are in conflict with the Development Approvals. h. Notwithstanding anything to the contrary in this Agreement, City may apply City regulations (including amendments to the Land Use Regulations) adopted by City after the Effective Date, in connection with any Subsequent Development Approvals, or deny or impose conditions of approval on any Subsequent Development Approvals, if City determines that City’s failure to make such application or to deny or impose conditions of approval on any Subsequent Development Approvals would place the residents or occupants of the Property or City’s residents, or both, in a condition adverse to their safety or health, or both. (2) Future Discretion of City. Notwithstanding any other provision of this Section 4.B., this Agreement shall not prevent City, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations that do not conflict with the Development Approvals, nor shall this Agreement prevent City from denying or conditionally approving any Subsequent Development Approval on the basis of any Subsequent Land Use Regulations that do not conflict with the Development Approvals. (3) Modification or Suspension by Federal, State, County, or MultiJurisdictional Law. In the event that federal, or state laws or regulations, enacted after the Effective Date, prevent or preclude compliance with one or more of the provisions of this Agreement, the provisions of this Agreement shall be modified or suspended as may be necessary to comply with the federal or state laws or regulations, and this Agreement shall remain in full force and effect to the extent it is not inconsistent with the laws or regulations and to the extent the laws or regulations do not render the remaining provisions impractical to enforce. (4) Intent. Developer has reasonably entered into this Agreement and will proceed with the Development of the Property on the assumption that City has adequately provided for the public health, safety and welfare through the Land Use Regulations. In the event that any future, unforeseen public health or safety emergency arises, City agrees that it shall attempt to address the emergency in such a way as not to impact the Development in accordance with the Development Approvals, and if that is not possible, to select the option for addressing the emergency that has the least adverse impact on the Development in accordance with the Development Approvals.
C. Regulation by Other Public Agencies. Other public agencies not subject to City’s control may possess authority to regulate aspects of the Property and the Development and this Agreement does not limit the authority of other public agencies.
D. Timing of Development. Except as set forth in Agreement, regardless of any future enactment, by initiative, or otherwise, Developer may, in its discretion, develop the Property in one phase or in multiple phases at such times as Developer deems appropriate within the exercise of its subjective business judgment. City agrees that Developer may apply or and receive permits, maps, occupancy certificates and other entitlements to develop and use the Property at any time, provided that the application is made in accordance with this Agreement and the Land Use Regulations. The Parties expressly reject the holding of Pardee Construction
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Company v. City of Camarillo (1984) 37 Cal. 3d 465, with regard to any authority regulating the phasing of Development and construction on the Property.
E. No Conflicting Enactments. Except as otherwise provided by this Agreement, neither the City Council nor any other City agency shall enact a rule, regulation, ordinance or other measure applicable to the Property that is inconsistent or conflicts with the terms of this Agreement.
(1) Moratorium and Other Voter-Approved Measures.
a. Subject to Section 4.D.(1)(c), it is Developer’s and City’s intent that no moratorium or other limitation (whether relating to all or part of the Development, or enacted by initiative or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), development plan approvals, site plans, construction permits, occupancy certificates, or other entitlements for use approved, issued or granted within City, or portions of City, shall apply to the Development to the extent the moratorium or other limitation would restrict Developer’s right to develop the Property as provided by this Agreement and the Development Approvals in such order and at the rate as Developer deems appropriate as limited or regulated by this Agreement.
b. Subject to Section 4.D.(1)(c), it is Developer’s and City’s intent that no other limitation (whether relating to all or part of the Development, or enacted by initiative or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), development plan approvals, site plans, construction permits, occupancy certificates, or other entitlements for use approved, issued or granted within City, or portions of City, shall apply to the Development to the extent the other voter-approved limitation would restrict Developer’s right to develop the Property as provided by this Agreement in accordance with the uses, densities and development standards under the Development Approvals as limited or regulated by this Agreement.
c. Notwithstanding Section 4.D.1(a) or (b), no provision of this Agreement is intended to, nor shall it be deemed to, limit the right of the voters to adopt a referendum invalidating any portion of all of this Agreement pursuant to Government Code Section 65867.5(a).
d. City shall reasonably cooperate with Developer in order to keep this Agreement in full force and effect. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, the Parties hereby agree to reasonably cooperate in defending the action. Costs of defense and indemnification shall be provided by Developer in accordance with Section 8 (Indemnification). In the event of any litigation challenging the effectiveness of this Agreement or any portion of this Agreement, this Agreement shall remain in full force and effect while the litigation, including any appellate review, is pending, except as otherwise provided by court order or mutual agreement of the Parties. The filing of any third party lawsuit(s) against City or Developer relating to this Agreement, the Development Approvals or to other development issues affecting the Property shall not delay or stop the development, processing, or construction of the Development, unless the third party obtains a court order preventing the activity or as otherwise
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mutually agreed to by the Parties, in which case the Term of this Agreement shall be tolled until such court order is effect or a final judgment is issued. (2) Consistency between this Agreement and Current Laws. City represents that as of the Effective Date there are no City rules, regulations, ordinances, policies or other measures in force that would interfere with the Development or the use of all or any part of the Property in accordance with this Agreement. In the event of any inconsistency between the Land Use Regulations, Development Approvals and this Agreement, the provisions of Land Use Regulations shall control.
5. COMMUNITY BENEFITS AND CONTRIBUTIONS.
A. Fees. The following Fees shall be used by City for the benefit of City and City’s residents as determined in the City Council’s sole and absolute discretion. The Fees are not intended to be and is not an exaction or development impact fee. (1) Development Agreement Fee. In consideration of the benefits received by Developer pursuant to the terms of this Agreement, Developer shall pay a one-time fee of two hundred thousand dollars ($200,000) (“Initial Fee”) within thirty (30) days of the Effective Date of this Agreement.
(2) Community Benefit Fees. In consideration of the benefits received by Developer pursuant to the terms of this Agreement, Developer shall pay a Community Benefit Contribution (“CBC”) in the amount of fifty cents ($0.50) per square foot of constructed industrial buildings (shell) within the Development. The CBC shall be paid on a per-building (shell) basis prior to issuance of Certificate of Occupancy for each applicable building. (3) Extension Fees. In order for Developer to exercise its option under Section 3.A of this Agreement to extend the Initial Term and First Extended Term of this Agreement, Developer’s notice to City must be accompanied by payment to City of an Extension Fee of one hundred thousand dollars ($100,000). In order for Developer to exercise its option under Section 3.A of this Agreement to extend the First Extended Term of this Agreement, Developer’s notice to City must be accompanied by payment to City of an additional Extension Fee one thousand dollars ($100,000).
B. Responsible Party. All persons or entities holding title or interest in any portion of the Property, including any, each and all successors, assigns or other transferees of Developer shall be separately responsible for payment of any and all City DIF and all other Fees of any kind for that portion of the Property developed by the person or entity.
C. Reimbursement. In the event Developer has not exercised the First Extended Term City shall reimburse Developer up to the full amount of CBC payments made by Developer to City pursuant to Section 5.A of this Agreement on a dollar-for-dollar basis from sales tax revenue generated by a point-of-sale located in the Development, and actually received by the City, during the 5 years following the issuance of the last Certificate of Occupancy for a building within the Development. In the event Developer has executed the First Extended Term, City shall reimburse Developer 75% of CBC payments made by Developer to City pursuant to Section 5.A of this Agreement on a dollar-for-dollar basis from sales tax revenue generated by a point-of-sale
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located in the Development, and actually received by the City, during the 5 years following the issuance of the last Certificate of Occupancy for a building within the Development. In the event Developer has executed the Second Extended Term, City shall reimburse Developer 50% of CBC payments made by Developer to City pursuant to Section 5.A of this Agreement on a dollar-fordollar basis from sales tax revenue generated by a point-of-sale located in the Development, and actually received by the City, during the 5 years following the issuance of the last Certificate of Occupancy for a building within the Development.
6. OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL PERMITS
A. The Developer shall apply for such other permits and approvals as may be required by other governmental or quasi-governmental agencies having jurisdiction over development of the Development (such as public utilities, community service districts, utility districts, or other federal or state agencies) to the extent required for the development of, or provision of, services and facilities to the Development. The City shall cooperate with and assist the Developer in obtaining such permits and approvals, and, where necessary in making application for such approvals or permits. The Developer shall be solely responsible for all costs and shall be responsible for the processing of all such permits.
7. DEVELOPERS OBLIGATIONS TO CONSTRUCT PUBLIC AND OFFSITE IMPROVEMENTS.
A. Developer’s Public Improvements Obligations. The Parties acknowledge that City is in litigation with Everest Reinsurance (“Everest”) regarding performance bonds for the completion of Public Improvements. In the event: (1) Everest does not complete the Public Improvements, or (2) City does not collect sufficient funds (through a judgment or settlement) from Everest to cover the costs to complete the Public Improvements, Developer agrees to either construct or pay for Developer’s net fair share of Public Improvements. Developer has sole discretion to decide whether to construct Public Improvements or pay the cost to construct its fair share of Public Improvements. Developer’s fair share for the Public Improvements shall be further defined in the Infrastructure Cost Reimbursement Agreement (“ICRA”), which shall be negotiated between the relevant stakeholders within 12 months from the final resolution of the lawsuit with Everest. In the event an ICRA is not negotiated within 12 months, Developer can satisfy the obligations in Section B below by making a payment of the four million dollars ($4,000,000.00) to the City which the parties hereto acknowledge and agree shall be used exclusively to fund Public Improvements consisting of roadway and storm drain improvements that directly benefit the Property within 12 months of developer’s payment which approval of such Public Improvements shall not be unreasonably withheld by the City and which funding by City shall occur within 12 months of developer’s payment
B. Scope and Phasing of Public Improvements. The Phase 1 improvements shall be identified in the ICRA and shall be constructed or funded within 24 months of the first of either: (1) the resolution of the City’s action against Everest, or (2) prior to the end of the Term of this Development Agreement. Notwithstanding anything to the contrary above, Developer’s obligation to fund its fair share of Phase 1 shall not exceed four million dollars ($4,000,000.00).
The second phase of the Public Improvements (“Phase 2”) consists of the remaining Public Improvements. Phase 2 must be completed before the issuance of the first Certificate of
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Occupancy within the Development. Construction funding by Developer in Phase 2 shall include any accrued fair share amount, plus interest to be negotiated in the aforementioned ICRA, not paid in Phase 1 due to the payment cap for Phase 1. The ICRA shall include reasonable security.
C. Effect of Everest Settlement. If City is awarded damages in connection with the Everest lawsuit, City agrees to contribute all damages awarded (less actual litigation fees and costs) toward construction of the Phase 1. City also agrees, in the event that any settlement agreement between City and Everest concerning the Everest lawsuit is entered into, that the City will use reasonable efforts to obtain a provision obligating Everest to hold harmless and unconditionally release Developer from any and all pending or future claims asserted by Everest relating to bonds, Public Improvements, or any other duties or obligations owed to City.
D. Reimbursement. Through the ICRA, City also agrees to condition the development of Oak Valley Town Center (“OVTC”) for the contribution/reimbursement of both; i) its fair share to the Phase 1 Public Improvements and ii) its fair share to the Phase 2 Public Improvements, for reimbursement to whomever performs the work and/or funds the Public Improvements on behalf of the OVTC.
E. Maintenance of Improvements. Responsibility for the ongoing maintenance of Public Improvements provided by Developer pursuant to this Agreement shall be apportioned between the Parties in accordance with the terms of this Section 7.B. (1) City. Maintenance of Dedicated Public Improvements. City shall maintain all dedicated and accepted Public Improvements, including, but not limited to, public streets and related walls, streetlights, and public storm drainage facilities, unless otherwise dedicated to and accepted by other applicable public entities. (2) Developer Maintenance of Landscaping and Storm Drain Facilities.
Developer shall maintain all landscaping on the portion of the Property owned and controlled by Developer and all storm drainage facilities on the Property owned and controlled by Developer.
F. Easements. Developer agrees to grant to City the easements over its Property as are reasonably needed for the construction and maintenance of public improvements, except to the extent the easements would have a material adverse economic effect on the Development. The grants shall be at no additional cost to Developer or City.
8. INDEMNIFICATION.
A. Developer agrees to defend, indemnify and hold harmless City and its elected and appointed officials, boards, commissions, and its agents, officers, consultants, contractors, attorneys and employees (“Indemnified Parties”) from and against any third-party claim, action or proceeding against the Indemnified Parties to set aside, void or annul the approval of this Agreement, any Development Approvals, Environmental Determinations, Subsequent Development Approvals, future environmental determinations and/or related approvals contemplated by this Agreement, and from any liabilities, judgments, damages, losses, costs, and expenses, including but not limited to reasonable attorneys’ fees and court costs, which City may incur as a result of such claim, action or proceeding. Developer’s duties under this Section 8.A. are solely subject to and conditioned upon the Indemnified Parties written request to Developer to
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indemnify the Indemnified Parties. City shall promptly notify Developer of any claim, action or proceeding filed and served against City to challenge, set aside, void, annul, limit or restrict the approval and continued implementation and enforcement of this Agreement, including but not limited to challenges of the environmental review of the Development and this Agreement conducted pursuant to the California Environmental Quality Act. Developer and City agree to confer and cooperate with respect to such third party litigation. Developer shall deposit $100,000 with the City for the expected reasonable costs of any defense, which shall be held in a segregated account for defense costs only. Upon City’s determination that Developer’s account for defense costs is below $25,000, City may request that Developer replenish the account up to at least $100,000, and Developer shall replenish the account to $100,000 within ten (10) business days of City’s notification. Without in any way limiting the provisions of this Section 8.A., the Parties agree that this Section 8 shall be interpreted in accordance with the provisions of California Civil Code Section 2778 in effect as of the Effective Date.
B. Notwithstanding Section 8.A., and as a separate and distinct obligation of Developer, Developer agrees to indemnify and hold harmless the Indemnified Parties from and against each and every claim, action, proceeding, cost, fee, legal cost, damage, award or liability of any nature arising from alleged damages, including but expressly not limited to reasonable attorneys’ fees and court costs, alleged to have been caused or caused to third parties and alleging that the Indemnified Parties is or are liable therefor as a direct or indirect result of City’s approval of this Agreement, any Development Approvals, Environmental Determinations, Subsequent Development Approvals, future environmental determinations and/or any related approvals contemplated by this Agreement. Developer’s duties under this Section 8.B. are solely subject to and conditioned upon the Indemnified Parties written request to Developer to indemnify the Indemnified Parties. City shall promptly notify Developer of any claim, action or proceeding filed and served against the City by third parties. Developer and City agree to confer and cooperate with respect to such third party litigation. Developer shall deposit $100,000 with the City for the expected reasonable costs of any defense, which shall be held in a segregated account for defense costs only. Upon City’s determination that Developer’s account for defense costs is below $25,000, City may request that Developer replenish the account up to at least $100,000, and Developer shall replenish the account to $100,000 within ten (10) business days of City’s notification. Without in any way limiting the provisions of this Section 8.B., the Parties agree that this Section 8.B. shall be interpreted in accordance with the provisions of California Civil Code Section 2778 in effect as of the Effective Date.
C. With respect to the indemnity obligations under Section 8.A and Section 8.B, City has the option to either (1) approve the attorney(s) that Developer selects, hires or otherwise engages to defend City and the other City Indemnitees hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided, however, that Developer shall reimburse City for any and all reasonable expenses and costs incurred for such defense, including attorneys’ fees and court costs, upon billing and accounting therefor. City has the right, upon reasonable notice, to change its election at any time.
D. All indemnity provisions set forth in this Agreement, including but expressly not limited to this Section 8, shall survive termination or expiration of this Agreement for any reason.
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E. Local. State and Federal Laws. Developer and its contractors shall carry out the design and construction of all private improvements on the Property and all Public Improvements in conformity with all applicable laws, including, without limitation, all applicable federal, state and local occupation, employment, prevailing wage, safety and health laws, rules, regulations and standards. Developer agrees to indemnify, defend and hold the Indemnified Parties (as defined in Section 8 of this Agreement) harmless from and against any cost, expense, claim, charge or liability relating to or arising directly or indirectly from any breach by or failure of Developer or its contractor(s) or agents to comply with the laws, rules, regulations or standards.
9. PERIODIC REVIEW OF COMPLIANCE WITH AGREEMENT.
A. Periodic Review. City and Developer shall review this Agreement at least once every 12-month period from the Reference Date. City shall notify Developer in writing of the date for review at least thirty (30) calendar days prior thereto. The periodic review shall be conducted in accordance with Government Code Section 65865.1. During each periodic review, Developer shall be required to demonstrate good faith compliance with the terms of this Agreement, and Developer agrees to furnish reasonable evidence of good faith compliance as City, in the exercise of its reasonable discretion, may require. If requested by Developer, City agrees to provide to Developer, a certificate that Developer, or a duly authorized Transferee, is in compliance with the terms of this Agreement, provided Developer reimburses City for all reasonable and direct costs and fees incurred by City with respect thereto.
B. Failure to Conduct Annual Review. The failure of City to conduct the annual review shall not be a default under this Agreement. Further, Developer shall not be entitled to any remedy for City’s failure to conduct this annual review.
C. Initiation of Review by City Council. In addition to the annual review, the City Council may at any time initiate a review of this Agreement by giving written notice to Developer. Upon initiation of periodic review under this Section 9.C. of this Agreement, the periodic review shall be carried out in accordance with Section 9.A of this Agreement.
10. DEFAULT; REMEDIES; DISPUTE RESOLUTION.
A. Notice of Default. In the event of failure by a Party to substantially perform any material term or provision of this Agreement, the non-defaulting Party shall have those rights and remedies provided in this Agreement, provided that the non-defaulting Party has first provided to the defaulting Party a written notice of default in the manner required by this Section 10 identifying with specificity the nature of the alleged default and the manner in which the default may satisfactorily be cured.
B. Cure of Default. Upon the receipt of the notice of default, the alleged defaulting Party shall promptly commence to cure, correct or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of the default not later than ten (10) calendar days after receipt of notice thereof if the breach of this Agreement involves the payment of money, or not later than thirty (30) calendar days after receipt of notice thereof if the breach of this Agreement does not involve the payment of money; provided, however, that if the breach may not reasonably be cured within the thirty (30)
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calendar day period, then a default shall exist only if the cure of the breach is not commenced within the thirty (30) calendar day period or thereafter is not diligently prosecuted to completion.
C. Developer’s Remedies. Due to the size, nature and scope of the Property and its development, it will not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After the implementation, Developer may be foreclosed from other choices it may have had to utilize the Property and provide for other benefits. Developer has invested significant time and resources and performed extensive planning and processing of the Development of the Property in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Development in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money that would adequately compensate Developer for its efforts. For the above reasons, City and Developer agree that damages would not be an adequate remedy if City fails to carry out its obligations under this Agreement and that Developer shall have the right to seek and obtain specific performance as a remedy for any breach of this Agreement. Moreover, City would not have consented to this Agreement if it were to be subject to damages for breach or rescission of this Agreement. Therefore, Developer specifically agrees that it has no authority under this Agreement or otherwise to seek monetary damages or restitution against City for any breach or rescission of this Agreement by City, and agrees not to seek monetary damages or restitution against City for breach or rescission of this Agreement.
D. City Remedies. In the event of an uncured default by Developer of the terms of this Agreement, City, at its option, may institute legal action in law or in equity to cure, correct or remedy the default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement by specific performance as its sole and exclusive remedy. Furthermore, City, in addition to or as an alternative to exercising the remedies set forth in this Section 10.D., in the event of a material default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to this Agreement and/or the Development Agreement Act, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in the Development Agreement Act.
E. Non-Binding Mediation. In the event of a dispute under this Agreement, and if the dispute cannot be settled within fifteen (15) business days through informal negotiations between designated officers of each Party who have the appropriate authority to settle the dispute, the Parties agree to attempt in good faith to settle the dispute by non-binding mediation in the County of Riverside before one mediator agreed to by the Parties prior to the commencement of any legal or administrative proceeding against each other for any alleged violation of the Agreement. The mediation shall be administered by JAMS or other mediation service mutually agreed to by the Parties, and pursuant to rules and procedures agreed to by the Parties with the mediator. If the Parties are unable to agree upon an individual to serve as mediator, the requirement of each Party to submit to non-binding mediation for the dispute shall be waived. The non-binding mediation requirement shall not apply to either Party’s efforts to seek equitable relief preventing the dissemination of any Confidential Information or other equitable relief for any other purpose. As used in this Section, “Confidential Information” means any of the following:
(i) information that relates to or reflects the existence and content of any meeting, discussion, and communication related thereto for mediation purposes, and/or the fact the parties are contemplating and discussing such mediation; (ii) any information or document that is not a public
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record within the meaning of the California Public Records Act; or (iii) any other information or document protected from disclosure pursuant to any federal or state privilege, statute, ordinance or other law. Confidential Information includes all material, non-public, information, written or oral, whether or not it is marked as such, that is disclosed or made available to the receiving party, directly or indirectly, through any means of communication or observation. Any use or disclosure of Confidential Information shall be subject to California Evidence Code sections 1115-1129 and 1152.
F. Judicial Review. Based on the foregoing, in the event Developer judicially (including by way of a reference proceeding) challenges the application of a Subsequent Land Use Regulation as being in violation of this Agreement and as not being a land use regulation adopted pursuant to the Reservation of Authority, Developer shall bear the burden of proof in establishing that the rule, regulation or policy is inconsistent with the Land Use Regulations, the Development Approvals, or both and City shall thereafter bear the burden of proof in establishing that the rule, regulation or policy was adopted pursuant to and in accordance with the Reservation of Authority and was not applied by City in violation of this Agreement.
11. MORTGAGEE PROTECTION; CERTAIN RIGHTS TO CURE.
A. Encumbrances on the Property. This Agreement shall not prevent or limit Developer from encumbering the Property or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance (“Mortgage”) in which the Property, or a portion thereof or interest therein, is pledged as security, and contracted for in good faith and fair value in order to secure financing with respect to the construction, development, use or operation of the Property.
B. Mortgagee Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Property or any portion thereof by a holder of a beneficial interest under a Mortgage, or any successor or assignee to the holder (“Mortgagee”), whether pursuant to foreclosure, trustee’s sale, deed in lieu of foreclosure, lease termination or otherwise, shall be subject to all of the terms and conditions of this Agreement.
C. Mortgagee Not Obligated. No Mortgagee will have any obligation or duty under this Agreement to perform the obligations of Developer or other affirmative covenants of Developer under this Agreement, or to guarantee performance. In addition, the Mortgagee shall have no right to develop or operate the Property without fully complying with the terms of this Agreement, and to the extent that any covenant to be performed by Developer is a condition to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City’s performance under this Agreement.
D. Notice of Default to Mortgagee: Right of Mortgagee to Cure. City shall, upon written request to City, deliver to each Mortgagee a copy of any notice of default given to Developer under the terms of this Agreement, at the same time the notice of default is provided to Developer. The Mortgagee shall have the right, but not the obligation, to cure, correct or remedy
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the default, within sixty (60) calendar days after the receipt of the notice from City for monetary defaults, or within sixty (60) calendar days after Developer’s cure period has expired for non-monetary defaults, or, for the defaults that cannot reasonably be cured, corrected or remedied within the period, the Mortgagee may cure, correct or remedy the default if the Mortgagee commences to cure, correct or remedy the default within the sixty (60) calendar day period, and continuously and diligently prosecutes the cure to completion. If the default is of a nature that can only be remedied or cured by the Mortgagee upon obtaining possession of the Property, the Mortgagee shall have the right to seek to obtain possession with diligence and continuity through foreclosure, a receiver or otherwise, and shall be permitted thereafter to remedy or cure the default within the time as is reasonably necessary to cure or remedy the default but in no event more than ninety (90) calendar days after obtaining possession. If a default cannot, with diligence, be remedied or cured within the ninety (90) calendar day period, then the period shall be extended to permit the Mortgagee to effect a cure or remedy so long as Mortgagee commences the cure or remedy during the ninety (90) calendar day period, and thereafter diligently pursues the cure to completion.
12. ASSIGNMENTS AND OTHER TRANSFERS OF INTEREST IN
PROPERTY OR AGREEMENT.
A. Assignments and Other Transfers.
(1) Restrictions on Assignments and Other Transfers. Developer shall not Transfer all or any portion of its interests in the Property together with all its right, title and interest in this Agreement, or the portion thereof that is subject to the transferred portion of the Property, to any Transferee until such time as the Public Improvements have been accepted by City, unless City has approved the Transfer prior to its completion. City shall not unreasonably withhold or unreasonably delay consent to the Transfer provided that: (1) the Transferee has specifically assumed in writing the obligations, or a portion of the obligations of Developer, to design, construct, install and complete the Public Improvements for the Property as identified in this Agreement; (2) the Transferee has the experience and financial capacity to complete the Public Improvements as identified in this Agreement; and (3) the Transferee has obtained replacement bonds, accepted by City for the Public Improvements as identified in this Agreement (in which event, City shall release Developer’s corresponding public improvement bonds). In the event of any Transfer pursuant to this Section 12, (i) Developer shall notify City within twenty (20) calendar days prior to the Transfer of the name of the Transferee, together with the corresponding entitlements being transferred to the Transferee and (ii) the agreement between Developer and the Transferee pertaining to the Transfer shall provide that the Transferee shall be liable for the performance of those obligations of Developer under this Agreement that relate to the transferred property, if any, or shall confirm that Developer and all Transferees shall remain jointly liable for the design and construction of Public Improvements as identified in this Agreement pursuant to this Agreement.
(2) Rights and Duties of Assigns and Other Transferees. Any, each and all assigns and other Transferees of Developer shall have all of the same rights, benefits, duties and obligations of Developer under this Agreement. All entities holding title to a portion of the Property shall be jointly liable for the design and construction of the Public Improvements for that portion of the Property as set forth in this Agreement, except as provided in this Agreement (which
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specifically excludes the Phase 2 construction obligation if the developer informs City in writing of either (i) its intent to seek discretionary approvals from City for a development that is inconsistent with the Development Approvals and this Agreement or (ii) Developer’s decision to abandon the Development Approvals)or as may be modified in an Operating Memorandum pursuant to Section 3 .C.( 4 ). Notwithstanding this Section 12.A.(2) or any other provisions of this Agreement, no Transferee of the Property shall be responsible for the design or construction of any Public Improvements ( or any portion thereof) except those that bear a direct relationship, i.e., “nexus” to the development of the Property.
B. Estoppel Certificates.
(1) Written Request. Either Party may at any time deliver written notice to the other Party requesting an estoppel certificate (the “Estoppel Certificate”) stating: (i) this Agreement is in full force and effect and is a binding obligation of the Parties; (ii) this Agreement has not been amended or modified either orally or in writing or, if so amended, identifying the amendments; and (iii) no default in the performance of the requesting Party’s obligations under this Agreement exists or, if a default does exist, the nature and amount of any default. (2) Thirty (30) Days to Respond. A Party receiving a request for an Estoppel Certificate shall provide a signed certificate to the requesting Party within thirty (30) days after receipt of the request.
(3) Authorized Signatories. The City Manager or any person designated by the City Manager may sign the Estoppel Certificates on behalf of City. Any officer of Developer may sign on behalf of Developer.
(4) Reliance. An Estoppel Certificate may be relied on by assignees and mortgagees.
(5) Reimbursement. In the event that one Party requests an Estoppel Certificate from the other, the requesting Party shall reimburse the other Party for all reasonable and direct costs and fees incurred by the Party with respect thereto. (6) Failure to Provide Estoppel Certificate. Failure by a Party to provide an Estoppel Certificate within thirty (30) calendar days after receipt of the request therefor shall be deemed confirmation that this Agreement is in full force and effect, has not been amended or modified either orally or in writing and that no defaults in the performance of the requesting Party’s obligations under this Agreement exist.
13. MISCELLANEOUS.
A. Notices. All notices permitted or required under this Agreement must be in writing and shall be effected by: (i) personal delivery; (ii) first class mail, registered or certified, postage fully prepaid; or (iii) reputable same-day or overnight delivery service that provides a receipt showing date and time of delivery, addressed to the following Parties, or to such other address as any Party may from time to time designate in writing in the manner as provided in this Agreement:
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To City: City of Calimesa
908 Park Avenue Calimesa CA 92320
Attn: City Manager
To Developer: QuadReal Property Group Limited Partnership 666 Burrard Street, Suite 800
Vancouver, BC V6C 2X8
[email protected]; [email protected];
[email protected]
Attn: Randy Wu, Associate, Development; John Simpson,
Director, Legal; Chief Legal Officer
Allen Matkins Leck Gamble Mallory & Natsis LLP
2010 Main Street, Suite 800
Irvine, CA 92614
[email protected]
Attn: Jonathan Shardlow
Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service, and shall be deemed received on the third (3rd) business day from the date it is postmarked if delivered by registered or certified mail.
B. Force Majeure. In addition to specific provisions of this Agreement, performance by either Party under this Agreement shall not be deemed to be in default where delays or failures to perform are due to the elements, fire, earthquakes or other acts of God, epidemic or pandemic, strikes, labor disputes, lockouts, acts of the public enemy, riots, insurrections, wars, terrorism, governmental restrictions imposed or mandated by other governmental entities, or other acts of god beyond the party’s reasonable control (collectively “force majeure events”). City and Developer may also extend times of performance under this Agreement in writing. If any force majeure event occurs, the term of this Agreement and the time for performance may be tolled upon the mutual agreement of the Parties for the duration of each such event, provided that the term of this Agreement shall not be tolled or extended under any circumstances for more than a combined total of five (5) years. Developer shall have the right to apply for one (1) year tolling periods based on any such force majeure event. Upon demonstration by Developer of the facts warranting a tolling of this Agreement, the City may grant a tolling of the Agreement, not to exceed one (1) year. Over the term of the Agreement, the Developer can request up to five (5) tolling periods or extensions for a combined total of five (5) years. Any tolling period or other extension shall be reflected by an amendment to the Agreement.
C. Binding Effect. This Agreement, and all of the terms and conditions of this Agreement, shall be binding upon and inure to the benefit of the Parties, any subsequent developer of all or any portion of the Property or the Property, and their respective assigns, heirs or successors in interest, whether or not any reference to this Agreement is contained in the instrument by which the Person acquired an interest in the Property. The provisions of this Agreement shall constitute mutual covenants that shall run with the land comprising the Property for the benefit thereof, and the burdens and benefits of this Agreement shall bind and inure to the benefit of each of the Parties
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to this Agreement and all successors in interest to the Parties to this Agreement for the term of this Agreement.
D. Independent Entity. In entering into and performing this Agreement, each of Developer and City is acting as an independent entity and not as an agent of the other in any respect.
E. Agreement Not to Benefit Third Parties. This Agreement is made for the sole benefit of the Parties, and no other person shall be deemed to have any privity of contract under this Agreement nor any right to rely on this Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on this Agreement nor be deemed to be a third party beneficiary under this Agreement.
F. Nonliability of City Officers and Employees. No official, officer, employee, agent or representative of City, acting in his/her official capacity, shall be personally liable to Developer, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or connection with this Agreement, or for any act or omission on the part of City.
G. Venue. In the event of any judicial action between the Parties under this Agreement, proper venue shall be in the Superior Court of Riverside County.
H. Remedies Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
I. No Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought and referring expressly to this Section 13.1. No delay or omission by either Party in exercising any right or power accruing upon non-compliance or failure to perform by the other Party under any of the provisions of this Agreement shall impair any right or power or be construed to be a waiver thereof, except as expressly provided in this Agreement.
No waiver by either Party of any of the covenants or conditions to be performed by the other Party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions of this Agreement.
J. Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the Parties.
K. Construction. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, the masculine gender includes the feminine and vice versa, “or” is not exclusive,
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“includes” and “including” are not limiting, “shall,” “will” or “agrees” are mandatory, and “may” is permissive.
L. Recordation. This Agreement shall be recorded by City with the County Recorder of Riverside County within the period required by California Government Code Section 65868.5. Amendments approved by the Parties, and any cancellation or termination of this Agreement, shall be similarly recorded.
M. Captions and References. The captions of the sections of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and interpretation of this Agreement. Reference in this Agreement to a section or exhibit are the sections and exhibits of this Agreement.
N. Time. Time is of the essence in the performance of this Agreement and for each and every term and condition of this Agreement as to which time is an element.
O. Entire Agreement. This Agreement, including all exhibits attached hereto, constitutes the final, complete and exclusive statement of the terms of the agreement between the Parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous oral or written negotiations, discussions and agreements between the Parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms of this Agreement. No Party has been induced to enter into this Agreement, by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement.
P. Exhibits. Exhibits “A” - “C” identified as follows, are attached to this Agreement and are incorporated in this Agreement as though set forth in full:
“A”: Legal Description of Property
“B”: Site Map
“C”: List of Development Approvals and Land Use Regulations Q. Counterpart Signature Pages. For convenience the Parties may execute and acknowledge this Agreement in counterparts and when the separate signature pages are attached to this Agreement, shall constitute one and the same complete agreement.
R. Authority to Execute. Developer warrants and represents that: (i) it is duly organized and existing; (ii) it is duly authorized to execute and deliver this Agreement; (iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement; (iv) Developer’s entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound; and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware that could prevent Developer from entering into or performing its obligations set forth in this Agreement.
S. Subsequent Amendment to Authorizing Statute. This Agreement has been entered into in reliance upon the provisions of the Development Agreement Act in effect as of the Effective Date. Accordingly, notwithstanding any other provision in this Agreement, to the extent
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that subsequent amendments to the Development Agreement Act would affect the provisions of this Agreement, the amendments shall not be applicable to this Agreement unless necessary for this Agreement to be enforceable or required by law, or unless this Agreement is modified pursuant to the provisions set forth in this Agreement and Government Code Section 65868 as in effect on the Effective Date.
T. Governing Law and Venue. This Agreement and any dispute arising under this Agreement shall be governed and interpreted in accordance with the laws of the State of California. The Parties understand and agree that this Agreement is not intended to constitute, nor shall be construed to constitute, an impermissible attempt to contract away the legislative and governmental functions of City, and in particular, City’s police powers. In this regard, the Parties understand and agree that this Agreement shall not be deemed to constitute the surrender or abnegation of City’s governmental powers over the Property. Legal actions must be instituted and maintained in the Superior Court of the County of Riverside, Central Division, State of California, or in the United States District Court for the Central District of California. Developer specifically waives any rights provided to it pursuant to California Code of Civil Procedure Section 394 or federal or state statutes or judicial decisions of like effect. [INTENTIONALLY LEFT BLANK; SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, Developer and City have executed this Agreement as of the Reference Date.
“DEVELOPER”
QR Birtcher Oak Valley Owner LLC,
a Delaware limited liability Company
By:
Name:
Its:
By:
Name:
Its:
“CITY”
CITY OF CALIMESA,
a California municipal corporation
Linda Molina, Mayor
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EXHIBIT “A”
LEGAL DESCRIPTION OF PROPERTY
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EXHIBIT “B”
SITE MAP
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EXHIBIT “C”
LIST OF DEVELOPMENT APPROVALS AND LAND USE REGULATIONS
The General Plan, applicable Specific Plan(s), subdivision map, and the Calimesa Municipal Code in effect as of the Effective Date of the Development Agreement, and on file with the City Clerk of the City of Calimesa, including but not limited to, the following:
1. City of Calimesa General Plan, including each element thereof, the Land Use Element Map, Circulation Map, and text amendments, as amended through and including General Plan Amendment (GPA 21-01) approved September 6, 2022, pursuant to Resolution 2022- 47;
2. Summerwind Ranch Specific Plan (sometimes referred to as the “Summerwind Ranch at Oak Valley Specific Plan SP-1, Amendment 1”) (SP-04-002) as adopted on April 18, 2005 pursuant to Resolution No. 2005-21; and as amended by the Summerwind Ranch Specific Plan SP-1, Amendment 2 (SPA 20-01) (sometimes referred to as the “Oak Valley Town Center Specific Plan”), as adopted on November 16, 2020 pursuant to Ordinance No. 374; and as further amended by the Summerwind Ranch Specific Plan SP-1, Amendment 3 (SPA 21-01), as adopted on September 19, 2022 pursuant to Ordinance No. 382;
3. Development Plan Review 21-02 as adopted on September 6, 2022, pursuant to Resolution 2022-48;
4. Development Plan Review 21-03 and Conditional Use Permit 21-01 as adopted on September 6, 2022, pursuant to Resolution 2022-49;
5. Development Plan Review 21-04 and Conditional Use Permit 21-02 as adopted on September 6, 2022, pursuant to Resolution 2022-50;
6. Development Plan Review 21-05 and Conditional Use Permit 21-03 as adopted on September 6, 2022, pursuant to Resolution 2022-51;
7. Development Plan Review 21-06 and Conditional Use Permit 21-04 as adopted on September 6, 2022, pursuant to Resolution 2022-52; and
8. Current Zoning Ordinance, which includes the City’s Zoning Ordinance, Title 18 of the - Calimesa Municipal Code, as amended through and including the Effective Date.
Publish Date: July 11, 2025
Darlene Gerdes, City Clerk
CITY OF CALIMESA
NOTICE OF PUBLIC HEARING
PUBLIC NOTICE IS HEREBY GIVEN that on July 21, 2025 at 6:00 p.m. in the Norton Younglove Senior Center, 908 Park Avenue, Calimesa, California, the City Council of the City of Calimesa will hold a public hearing (in person) to consider the following:
A REQUEST BY RANDY WU AND RUSSELL PIERCE ON BEHALF OF QR
BIRTCHER OAK VALLEY OWNER, LLC FOR THE BIRTCHER COMMERCE CENTER AT OAK VALLEY TOWN CENTER PROJECT: DEVELOPMENT PLAN REVIEW (“DPR”) 21-02 (“WEDGE” TRAILER STORAGE FACILITY ON TPM 37862 PARCELS 5 AND 6), DPR 21-03 AND CONDITIONAL USE PERMIT (“CUP”) 21-01 (BUILDING A – TPM 37862 PARCEL 4), DPR 21-04 AND CUP 21-02 (BUILDING B – TPM 37862 PARCEL 3), DPR 21-05 AND CUP 21-03 (BUILDING C – TPM 37862 PARCEL 2), DPR 21-06 AND CUP 21-04 (BUILDING D – TPM 37862 PARCEL 1),
CONSIDERATION OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
CALIMESA AND QR BIRTCHER OAK VALLEY OWNER, LLC ON AN
APPROXIMATE 115-ACRE SITE LOCATED ONE-QUARTER MILE NORTH OF
CHERRY VALLEY BOULEVARD TO ONE-QUARTER MILE NORTH OF
SINGLETON ROAD IN THE SUMMERWIND RANCH AT OAK VALLEY SPECIFIC
PLAN, AND MAKING ENVIRONMENTAL FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL QUAKITY ACT (CEQA), AS FOLLOWS:
• DEVELOPMENT AGREEMENT 25-03: A PROPOSED DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF CALIMESA AND APPLICANT
PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 65864-65869.5 AND CHAPTER 18.85 OF THE CALIMESA MUNICIPAL CODE. THE
DEVELOPMENT AGREEMENT ESTABLISHES A 7-YEAR TERM WITH TWO
OPTIONAL EXTENSIONS WHICH WOULD EXTEND THE EFFECTIVE DATE
FOR BIRTCHER DESIGN REVIEW AND CONDITIONAL USE PERMIT
APPLICATIONS TO COINCIDE WITH THE DEVELOPMENT AGREEMENT TERM. THE DEVELOPER WILL OBTAIN VESTED RIGHTS TO DEVELOP IN ACCORDANCE WITH THE SEPTEMBER 6, 2022, DEVELOPMENT
APPROVALS. THE DEVELOPER WILL PROVIDE COMMUNITY BENEFIT CONTRIBUTIONS.
• ENVIRONMENTAL ASSESSMENT 21-01: ENVIRONMENTAL ASSESSMENT EA 21-01 PREVIOUSLY ANALYZED TECHNICAL CHANGES TO THE
SUMMERWIND RANCH SPECIFIC PLAN FROM GENERAL PLAN
AMENDMENT 21-01, SPECIFIC PLAN AMENDMENT 21-01, AND TENTATIVE PARCEL MAP 37862 FOR THE OAK VALLEY TOWN CENTER AND
Publish Date: July 11, 2025
Darlene Gerdes, City Clerk
RESULTED IN THE CITY COUNCIL’S ADOPTION OF SECOND ADDENDUM
TO THE PREVIOUSLY CERTIFIED SUMMERWIND RANCH FEIR (SCH
2004061035) ON SEPTEMBER 6, 2022. STAFF HAS DETERMINED THAT THE
PROPOSED DEVELOPMENT AGREEMENT DOES NOT MODIFY THE
RECENTLY APPROVED LAND USE PLAN, ALLOWED USES, OR
DEVELOPMENT PROVISIONS FOR THE SUMMERWIND RANCH SPECIFIC
PLAN, AND THEREFORE RESULTS IN NO ADDITIONAL ENVIRONMENTAL IMPACTS. ALL ENVIRONMENTAL IMPACTS FOR THE SUMMERWIND
RANCH SPECIFIC PLAN WERE ALREADY ANALYZED THROUGH EA 21-01 THE SECOND ADDENDUM TO THE EIR ADOPTED ON SEPTEMBER 6, 2022.
CITY STAFF HAS DETERMINED THAT NO FURTHER ENVIRONMENTAL
REVIEW IS REQUIRED IN CONNECTION WITH THE APPROVAL OF THE DEVELOPMENT AGREEMENT.
NOTICE IS FURTHER GIVEN that the public may provide comments as follows: 1) Submit written comments to City Hall at the above address, 2) Email comments to the City Clerk at [email protected], or 3) Attend the meeting in person and speak thereon. Please note, mailed and/or emailed comments must be submitted by 5:30 p.m. on Monday, July 21, 2025.
PLEASE NOTE that pursuant to Government Code Section 65090, if you challenge the project in court, you may be limited to raising only those issues you raised at the public hearing as described in this Notice or in written correspondence delivered to the City Clerk of the City of Calimesa prior to or at the public hearing.
Publish Date: July 11, 2025
Darlene Gerdes, City Clerk
CITY OF CALIMESA
SITE
413-950-017
Shelby Bixler
1032 Little Leaf St
Calimesa CA 92320
413-950-018
Janette Llaban
1036 Little Leaf St
Calimesa CA 92320
413-950-019
James Daniel Erickson
1040 Little Leaf St
Calimesa CA 92320
413-950-020
Riza Ilisan
1044 Little Leaf St
Calimesa CA 92320
413-950-021
Eva Lorraine Garcia
1048 Little Leaf St
Calimesa CA 92320
413-950-022
Llerena Carlos & Olga
1052 Little Leaf St
Calimesa CA 92320
413-950-023
Craig C Sanders
1056 Little Leaf St
Calimesa CA 92320
413-950-024
Jared Ray Buenting
1060 Little Leaf St
Calimesa CA 92320
413-950-025
Dynasty Louise Machado
1064 Little Leaf St
Calimesa CA 92320
413-950-026
Charles Tyler Jewell
1068 Little Leaf St
Calimesa CA 92320
413-950-027
Kristen Williams
1072 Little Leaf St
Calimesa CA 92320
413-950-028
Nanci Garcia
1076 Little Leaf St
Calimesa CA 92320
413-950-029
Adriana Mejia
1080 Little Leaf St
Calimesa CA 92320
413-950-030
Antonio S Vazquez
1084 Little Leaf St
Calimesa CA 92320
413-950-031
Naimah P Cleveland
1088 Little Leaf St
Calimesa CA 92320
413-950-032
Maria Briones-castellanos
1092 Little Leaf St
Calimesa CA 92320
413-950-033
Berenice Padilla
1096 Little Leaf St
Calimesa CA 92320
413-950-035,960-025
Summerwind Trails East Assn
3155 D Sedona Ct #150
Ontario CA 91764
413-951-001
Eliza Togni Ballester
1099 Little Leaf St
Calimesa CA 92320
413-951-002
Quinn Jackson
1095 Little Leaf St
Calimesa CA 92320
413-951-003
Max Monreal
1091 Little Leaf St
Calimesa CA 92320
413-951-004
Jesus Guevara
1087 Little Leaf St
Calimesa CA 92320
413-951-005
Michael Christopher Camarena
1083 Little Leaf St
Calimesa CA 92320
413-951-006
Alicia Ortega
1079 Little Leaf St
Calimesa CA 92320
413-951-007
Louis Enciso
1075 Little Leaf St
Calimesa CA 92320
413-952-001
Taylor Adriana Hubbs
1063 Little Leaf St
Calimesa CA 92320
413-952-002
Sukhman Oberoi
1059 Little Leaf St
Calimesa CA 92320
413-952-003
Frederick Nathaniel Crutcher
1055 Little Leaf St
Calimesa CA 92320
413-952-004
Sharon Lea Lovely
1051 Little Leaf St
Calimesa CA 92320
413-952-005
Janette Catalina Aragon
1047 Little Leaf St
Calimesa CA 92320
413-952-006
Julio Hernandez Trujillo
1043 Little Leaf St
Calimesa CA 92320
413-952-007
Patrick Shand
1035 Little Leaf St
Calimesa CA 92320
413-952-008
Luann Harris
1027 Little Leaf St
Calimesa CA 92320
413-952-009
Rodriguez Randy
1019 Little Leaf St
Calimesa CA 92320
413-960-001
Naleni Phagu
1100 Little Leaf St
Calimesa CA 92320
413-960-002
Fred Douglas Walker
1104 Little Leaf St
Calimesa CA 92320
413-960-003
Sun Heng Meas
1108 Little Leaf St
Calimesa CA 92320
413-960-004
Gomez Teela & Nelson
1112 Little Leaf St
Calimesa CA 92320
413-960-005
Brandon Joseph Saylor
1116 Little Leaf St
Calimesa CA 92320
413-960-006
David Castro
1120 Little Leaf St
Calimesa CA 92320
413-960-007
Lorain Ann Williams
1124 Little Leaf St
Calimesa CA 92320
413-960-008
Christian Biscaro
1128 Little Leaf St
Calimesa CA 92320
413-960-009
Armijo Trust
1132 Little Leaf St
Calimesa CA 92320
413-960-010
Darrin Thurber
1136 Little Leaf St
Calimesa CA 92320
413-960-011
Diane Crystal Bonds
1140 Little Leaf St
Calimesa CA 92320
413-960-012
Georgina Arredondo
1144 Little Leaf St
Calimesa CA 92320
413-960-013
Kylee Carrillo
1148 Little Leaf St
Calimesa CA 92320
413-960-014
Isaac Herminio Ibarra
1152 Little Leaf St
Calimesa CA 92320
413-960-015
Albert O Abifade
1156 Little Leaf St
Calimesa CA 92320
413-960-016
Elmore Pagado
1160 Little Leaf St
Calimesa CA 92320
413-960-017
Travis Buenting
1168 Little Leaf St
Calimesa CA 92320
413-960-018
Hector C Davis
1172 Little Leaf St
Calimesa CA 92320
413-960-019
Andretti Castellanos
1176 Little Leaf St
Calimesa CA 92320
413-960-020
David Terriquez Martinez
1180 Little Leaf St
Calimesa CA 92320
413-960-021
Richard Luna
1184 Little Leaf St
Calimesa CA 92320
413-960-022
Buddy Joseph Serrato
1188 Little Leaf St
Calimesa CA 92320
413-960-023
Cari A Geiss
1192 Little Leaf St
Calimesa CA 92320
413-960-024
Maria Guadalupe Cardenas
1196 Little Leaf St
Calimesa CA 92320
413-961-001
Matthew J De Hoog
1016 Lichen Ct
Calimesa CA 92320
413-961-002
Ashley Healani Garcia
1020 Lichen Ct
Calimesa CA 92320
413-961-003
Dillon Li
1019 Lichen Ct
Calimesa CA 92320
413-961-004
Rodrigo Ernes Murguia
1015 Lichen Ct
Calimesa CA 92320
413-961-005
Jaden Nicholi Handzlik
1011 Lichen Ct
Calimesa CA 92320
413-961-006
Reyna Isabel Perez Serrano
1007 Lichen Ct
Calimesa CA 92320
413-961-007
Corpuz Erlinda
1003 Lichen Ct
Calimesa CA 92320
413-961-008
Manuel Ruiz
1183 Little Leaf St
Calimesa CA 92320
413-961-009
Jepen M Acosta
1179 Little Leaf St
Calimesa CA 92320
413-961-010
Mario Bautista
1175 Little Leaf St
Calimesa CA 92320
413-961-011
Kevin Caverley
1171 Little Leaf St
Calimesa CA 92320
413-961-012
Mark Fabito
1167 Little Leaf St
Calimesa CA 92320
413-961-013
Joshua Armstrong
1155 Coriander St
Calimesa CA 92320
413-961-014
Ike De La Pena
1151 Coriander St
Calimesa CA 92320
413-961-015
Byron Haroldo Torres
1147 Coriander St
Calimesa CA 92320
413-961-016
Lila Emily Avila
1143 Coriander St
Calimesa CA 92320
413-962-003
Kyle Robert Stevenson
1011 Barberry Ln
Calimesa CA 92320
413-962-004
Elizabeth Ramirez
1116 Little Leaf St
Calimesa CA 92320
413-962-005
Berthon Morgan Thomas Le
1019 Barberry Ln
Calimesa CA 92320
413-962-006
Chad Everett Thomas
1023 Barberry Ln
Calimesa CA 92320
413-962-007
Cecia Elizabeth Peraza
1107 Little Leaf St
Calimesa CA 92320
413-962-008
Angelica Cardenas
1103 Little Leaf St
Calimesa CA 92320
413-963-001
Brandon Michael Trussell
1024 Barberry Ln
Calimesa CA 92320
413-963-002
Anthony Richard Gonzales
1020 Barberry Ln
Calimesa CA 92320
413-963-003
Iligardi Vasquez
1016 Barberry Ln
Calimesa CA 92320
413-963-004
Kuldeep Singh
1012 Barberry Ln
Calimesa CA 92320
413-963-009
Kelsey Ann Smith
1011 Heliotrope Ct
Calimesa CA 92320
413-963-010
Raul A & Jessica Bravo
11235 Linaro Rd
Rancho Cucamonga CA 91730
413-963-011
Paul Quinn Vega
1019 Heliotrope Ct
Calimesa CA 92320
413-963-012
Clarence Lott
1020 Heliotrope Ct
Calimesa CA 92320
413-963-013
Julia Cardenas
1132 Coriander St
Calimesa CA 92320
413-963-014
Matthew Antonio Melendez
1136 Coriander St
Calimesa CA 92320
413-963-015
Yin Soun
1140 Coriander St
Calimesa CA 92320
413-963-016
Rudy Abundio Sauseda
1144 Coriander St
Calimesa CA 92320
413-963-017
Christina Marie Hart
1148 Coriander St
Calimesa CA 92320
413-963-018
Terry Brooks
1155 Little Leaf St
Calimesa CA 92320
413-963-019
Giovanni Fajardo
1151 Little Leaf St
Calimesa CA 92320
413-963-020
Juan Angel Zamora
1147 Little Leaf St
Calimesa CA 92320
413-963-021
Jacqueline Flores
1143 Little Leaf St
Calimesa CA 92320
413-963-022
Raymundo Quintero
1139 Little Leaf St
Calimesa CA 92320
413-963-023
Hao Sei Pengshung
1135 Little Leaf St
Calimesa CA 92320
413-963-024
Arredondo-zavala Trust
1131 Little Leaf St
Calimesa CA 92320
413-963-025
Octavio Galvan
1127 Little Leaf St
Calimesa CA 92320
413-963-026
Mickey David Thexton
1123 Little Leaf St
Calimesa CA 92320
413-963-027
Daniel Robert Christensen
1119 Little Leaf St
Calimesa CA 92320
413-963-028
Jacob M Delgado
1115 Little Leaf St
Calimesa CA 92320
UPDATED May 21, 2024
City of Calimesa Fire
Attn: Tim O’Connell
908 Park Avenue
Calimesa, CA 92320
C.R.&R.
P.O. Box 1208
Perris, CA 92572
The Gas Co.
P.O. Box 3150
San Dimas, CA 91773
Riverside County Flood Control
Attn: Mark Wills
1995 Market Street
Riverside, CA 92501
Southern California Edison
P.O. BOX 300
Rosemead, CA 91772-0001
City of Yucaipa – Planning Department
Attn: Benjamin Matlock
34272 Yucaipa Boulevard
Yucaipa, CA 92399
Riverside County Sheriff’s Department
Attn: Tim Salas
50290 Main St
Cabazon, CA 92230
Phone: (951) 922-7100
Omnitrans Headquarters
1700 W. Fifth Street
San Bernardino, CA 92411
Beaumont City Planning Department
Attn: Carole Kendrick
550 E 6th St
Beaumont, CA 92223
Riverside County Planning Department
4080 Lemon Street
P.O. Box 1409
Riverside, CA 92502-1409
Banning Pass Area Transit
789 North San Gorgonio Avenue
Banning, CA 92220
South Mesa Water District
Attn: Dave Armstrong
391 W Ave L
Calimesa, CA 92320
Phone: (909) 795-2401
Beaumont Unified School District
Attn: Superintendent’s Office
350 West Brookside Avenue
PO Box 187
Beaumont, CA 92223
Riverside Transit Agency
1825 Third Street
P.O. Box 59968
Riverside, CA 92517-1968
City of Banning
Attn: Adam Rush
99 E Ramsey Street
Banning, CA 92220
Yucaipa Valley Water District
Attn: Joe Zoba
12770 2nd St
Yucaipa, CA 92399
Phone: (909) 797-5117
Yucaipa/Calimesa Joint Unified School
District
Attn: Eric Vreeman
12797 3rd St
Yucaipa, CA 92399
City of Redlands
Attn: Brian Foote
35 Cajon Street, #200
Redlands, CA 92373
Yucaipa Valley Water District
Attn: Matt Porras
12770 2nd St
Yucaipa, CA 92399
Yucaipa/Calimesa Joint Unified School
District
Attn: Cali Binks, Superintendent
12797 3rd St
Yucaipa, CA 92399
City of Redlands
Attn: Brian Foote
Beaumont Unified School District
Attn: Krystal Flores, Facilities Coordinator
350 West Brookside Avenue
PO Box 187
Beaumont, CA 92223
Beaumont Cherry Valley Water District
Attn: Dan Jaggers
560 Magnolia Avenue
Beaumont, CA 92223
City of Beaumont
Attn: Christina Taylor
550 E 6th St
Beaumont, CA 92223
UPDATED May 21, 2024
TRIBAL NOTIFICATIONS
Use for SB18 and AB52 Processes
AND Public Hearings
Morongo Band of Mission Indians
ATTN: Ann Brierty, THPO
12700 Pumarra Rd,
Banning, CA 92220
Agua Caliente Band of Mission Indians
Attn: Patricia Garcia-Plotkin, Director
5401 Dina Shore Drive
Palm Springs, CA 92264
San Manuel Band of Mission Indians
Attn: Alexandra McCleary, Cultural Lands Mngr
26569 Community Center Drive
Highland, CA 92346
Augustine Band of Cahuilla Mission Indians
Attn: Amanda Vance, Chairperson
84-001 Avenue 54
Coachella, CA 92236
Cabazon Band of Mission Indians
Attn: Doug Welmas, Chairperson
84-245 Indio Springs Parkway
Indio, CA 92203
Cahuilla Band of Indians
Attn: Daniel Salgado, Chairperson
52701 US Hwy 371
Anza, CA 92539
Los Coyotes Band of Cahuilla and Cupeno
Indians
Attn: Ray Chapparosa, Chairperson
PO Box 189
Warner Springs, CA 92086-0189
Ramona Band of Cahuilla Mission Indians
Attn: Joseph Hamilton, Chairperson
PO Box 391670
Anza, CA 92539
Quechan Tribe of the Fort Yuma Reservation
Jill McCormick, Historic Pres Officer
P.O. Box 1899
Yuma, AZ 85366
Santa Rosa Band of Cahuilla Indians
Attn: Lovina Redner, Tribal Chair
PO Box 391820
Anza, CA 92539
Serrano Nation of Mission Indians
Attn: Wayne Walker, Co-Chairperson
PO Box 343
Patton, CA 92369
Soboba Band of Luiseno Indians
Attn: Joseph Ontiveros, Cultural
Resource Department
PO Box 487
San Jacinto, CA 92581
Torres-Martinez Desert Cahuilla Indians
Attn: Thomas Tortez, Chairperson
PO Box 1160
Thermal, CA 92274
Pechanga Cultural Resources Department
Attn: Mark Macarro, Chairperson
P.O. Box 1477
Temecula, CA 92593
Interested parties:
James Wright Joan Fritz Oak Valley North ONLY:
10329 Calimesa Blvd #4 838 Hilltop Court Jeff Modrzejewski (request via email and hard copy) [email protected] Calimesa, CA 92320 Calimesa, CA 92320 CARE CA
501 Shatto Place, Suite 200
Los Angeles, CA. 90020
Danae Delaney Juanita and Richard Gamez
223 Tanglewood Drive 826 Hilltop Court
Calimesa, CA 92320 Calimesa, CA 92320
David Zaitz Jack Easton
1354 Chestnut Road 5058 Brockton Avenue
Calimesa, CA 92320 Riverside, CA 92506
UPDATED May 21, 2024
Lozeau Drury LLP
Attn: Richard Drury, Komalpreet Toor, Stacey Oborne
1939 Harrison Street, Suite 150
Oakland, CA 94612
Rincon Band of Luiseno Indians
Attn: Chery Madrigal, THPO
One Government Center Lane
Valley Center, CA 92082
Pala Band of Mission Indians
Attn: Shasta Gaughen, THPO
PMB 50, 35008 Pala Temecula Road
Pala, CA 92059