Jurupa Valley City Council
September 5, 2024

ENTRY MONUMENTATION
Entries within RIO VISTA reinforce the “Scenic Southern California” community identity by using natural elements and landscaping climatized to the region. Moreover, these entries act as strong landmarks and provide a sense of orientation within the larger RIO VISTA community. RIO VISTA is generally bordered by Highway 60, Armstrong Road, and Market Street; therefore, careful consideration has been given to the placement and design of entry monumentation. Figure IV-11, Landscape Master Plan,shows the location of the two types of entry monuments withinRIO VISTA, which are described below. All monumentation locations illustrated in this Specific Plan are conceptual; final monument locations will be determined during implementing projects. a. Major Entry Monumentation
Located near the eastern and western entrances to the RIO VISTA community along 20th Street, the Major Entry Monumentation creates a strong sense of arrival and identity for the RIO VISTA community. As shown on Figure IV-12, Major Entry Monumentation, Major Entry Monuments consist of three segments of masonry walls. The taller middle segment is inscribed with the community’s name in steel letters, flanked on either side by shorter wall segments. Stone veneered pilasters are located at the ends of each wall segment, with larger and taller pilasters demarcating the transition from the center to the side wall segments, and shorter pilasters at the ends of the entry monument providing a transition to a Wood Rail Theme Fence adjacent to 20th Street. A specimen tree, flanked by two (2) 36-inch box trees of the species are located behind the wall to provide a striking focal point and shade for pedestrians waiting at the intersection. The entry wall is softened by landscaping that includes deciduous and evergreen trees, flowering shrubs, groundcovers, native grasses and landscape boulders.
b. Minor Entry Monumentation
Minor Entry Monumentation within RIO VISTA is located at the primary access points into residential neighborhoods from 20th Street. These monuments identify the residential enclaves, while providing continuity and connection to the larger community theme. Minor Entry Monuments, as shown in Figure IV-13, Minor Entry Monumentation, consist of a single segment of masonry wall flanked by a stone veneered pilaster and softened by landscaping, which includes deciduous and evergreen trees, flowering shrubs, ground covers, and native grasses, to match the Major Entry Monumentation. Minor entry trees shall be a minimum size of 4-inch caliper trunk and ten (10) feet in height.

Upon the larger of the two pilasters is a raised metal letter “R” signifying the RIO VISTA community. A tree is provided behind the wall to provide a visual amenity as well as shade for pedestrians waiting at the intersection. The entry wall is softened by landscaping that includes deciduous and evergreen trees, flowering shrubs, groundcovers, native grasses and landscape boulders.

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STREETSCAPE LANDSCAPING
Roadways within RIO VISTA form a hierarchy in their arrangement, clearly guiding residents and visitors through the community and between the residential, school, and recreational land uses.

Streetscape landscaping within RIO VISTA reinforces the hierarchy of streets and carries the thematic elements throughout the community. All streetscape landscaping shall be in accordance with Municipal Code Section 9.283, Water Efficient Landscape Design Requirements.

Additionally, manufactured slopes shall be landscaped with low-water use plant species. Details regarding specific streetscapes provided within RIO VISTA are discussed below. a. 20th Street Streetscape with Soft Surface Trail & Bike Path 20th Street is the major backbone road in RIO VISTA and plays an important role in carrying the thematic elements throughout the community. As depicted in Figure IV-14, 20th Street Streetscape with Soft Surface Trail & Bike Path, this portion of 20th Street provides a 130’ wide right-of-way that includes a 64’ wide paved roadway with a 12’ wide landscaped median west of the Roundabout and a painted median east of the Roundabout. This portion of 20th Street includes landscaped parkways and a 5’ meandering sidewalk on both sides of the street. The sidewalks are separated from the curb by a recessed bio-swale, with boulders, native grasses, and groupings of deciduous and evergreen trees. Additionally, this portion of 20th Street includes a 48’ wide parkway containing a 10’ wide Class I Bikeway and an 10’ wide D.G. soft surface trail. Additional landscaped areas are provided on either side of the 48’ wide enhanced parkway.

This 20th Street Soft Surface Trail & Bike Path exists in two locations: (1) within the south side of 20th Street between the approximate eastern boundary of PA 13 and the western intersection of 20th Street and the SCE easement, and (2) within the north side of 20th Street between the western SCE crossing and the western boundary of the Specific Plan Area. b. 20th Street Streetscape (Roundabout to PA 16)
Figure IV-15, 20th Street Streetscape, depicts the portion of 20th Street located between PA 16 and the eastern boundary of the Specific Plan. This segment of 20th Street is includes a 64’ wide paved roadway, 12’ wide landscaped median from PA 16 to the eastern boundary and a painted median at the eastern boundary. This segment also includes a landscaped parkways and a 5’ meandering sidewalk on both sides of the street. Separating the sidewalks from the curb is a recessed bioswale, with boulders, native grasses, scrubs, and groupings of deciduous and evergreen trees. c. Collector Roads
The RIO VISTA Specific Plan provides for landscaped 74’ ROW Collector Roads (i.e. Street B), which serve as a transition between the local roads and Circulation Element 20th Street. As shown on Figure IV-16, Collector Road Streetscape, Collector Roads contain a 44’ wide paved roadway, with 7’ wide curb-adjacent landscaped parkways, 5’ wide sidewalks, and an additional 3’ wide parkway at the outside of the right of way, on both sides of the street. Parkways are planted with Collector Road trees and plants in accordance with Table IV-1, Plant Palette.

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d. Local Roads
Local roads provide vehicular and pedestrian circulation to and within RIO VISTA’s individual neighborhoods. As shown on Figure IV-17, Local Road Streetscape, Local Roads may either be 56’ ROW or 59’ ROW. The 56-foot ROW consist of 36 feet curb-to-curb with 5-foot-wide curbseparated sidewalks and 5 feet of curb-adjacent landscaping on both sides of the street, which allows for parking on one side of the street. The 59-foot ROW consist of 39 feet curb-to-curb with 5-foot-wide curb-separated sidewalks and 5 feet of curb-adjacent landscaping on both sides of the street, which allows for parking on both sides of the street. The right-of-way widths internal to PAs will be determined during the implementation of projects. Parkways are planted with Local Road trees and plants in accordance with Table IV-1, Plant Palette. e. Industrial Collector Road Streetscape
Industrial Collector Roads provide vehicular and pedestrian circulation to RIO VISTA’s Light Industrial and Business Park land uses within PAs 12, 13, and 15. As shown on Figure IV-18, Industrial Collector Road Streetscape, the Industrial Collector Road consist of a 78’ wide ROW that includes a 48’ wide paved roadway and 12’ painted median, with 6’ wide curb-adjacent landscaped parkways and 5’ wide sidewalks, on either side of the street. Parkways are planted with street trees and plants in accordance with Table IV-1, Plant Palette. f. Roundabout Streetscape
Heavy commercial truck traffic is prohibited from entering and exiting the western segment of 20th Street. A roundabout, along with signage and other circulation design features and measures, may be provided within 20th Street to discourage heavy commercial truck traffic from exiting Rio Vista to the west, and within Street A to discourage heavy commercial truck traffic from accessing PA

3. A conceptual roundabout location is illustrated on Figure IV-19, Conceptual Roundabout Streetscape. The final details, design, and location of the roundabout will be determined during the design of implementing project(s). The roundabout will be located on the western side of the SCE Easement along 20th Street, fronting PAs 8 and 19. In addition to the roundabout, additional design features and signage to be determined with implementing project (s) is encouraged to be provided along 20th Street to prohibit heavy commercial truck traffic from exiting Rio Vista to the west, and from accessing PA 3.

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3. LANDSCAPE INTERFACES
RIO VISTA contains seven (7) distinct landscape interfaces, or edge treatments, which provide a visually interesting and practical buffer along the border of adjacent land uses. Each of these interfaces are discussed in detail below.
a. Residential/Off-Site Residential Interface
The elevated residential lots along the westerly portion of the community enjoy scenic views of the surrounding valleys and hillsides. These “view” lots are adjacent to steep, downward slopes that abut existing, off-site residential uses. The view lots will be approximately 75 feet above the neighboring communities, creating a significant buffer between Rio Vista and the existing homes.

As shown on Figure IV-20, Residential/Off-Site Residential Interface, a Tubular Steel Fence runs along the rear property line of the “view” lots to maximize the view potential from these homes.

This Residential/Off-Site Residential interface consists of two different conditions: 1) view lots abutting manufactured slopes and 2) view lots abutting natural open space. In the first condition, the majority of the slope area is preserved in its natural condition; with manufactured slopes landscaped with plants similar in nature and character to the surrounding natural landscape and pruning and thinning of vegetation for fuel modification. In the second condition, natural open space slopes abutting view lots are planted with slope planting in accordance with Table IV-1, Plant Palette. Additional trees are added to the lower portion of the slope in both conditions to provide an additional buffer along the off-site residential neighborhoods. b. Residential/Open Space Interfaces
A landscaped interface is provided between residential land uses and preserved, natural Open Space. Residential lots abutting Open Space land uses feature a 5’ to 6’ tall Tubular Steel Fence, as shown in Figure IV-21, Residential/Open Space Interface. In some locations, manufactured slopes provide a buffer between the open space areas and residential development. Manufactured slopes consist of evergreen and deciduous grove trees, shrubs, and groundcover planting in accordance with Table IV-1, Plant Palette.
c. School (or Residential)/Community Park Interface
A landscaped interface should be provided between the School Site (or residential land uses) and the Community Park, as shown in Figure IV-22, School/Community Park Interface. Where the park occupies higher ground compared to the school or residential, the interface consists of a graded slope planted with shrubs and clusters of trees to frame views from the park and soften the visual impact of the school structures below. Planting material within this interface are consistent with Parks and Recreation planting in accordance with Table IV-1, Plant Palette. A 5’ to 6’ tubular steel fence is provided at the top of the graded slope. The slope contains a concrete V-Ditch to protect the slope and manage stormwater; located at the base of the slope. d. Business Park/Off-Site Residential Interface
A landscaped interface is provided between Business Park land uses and the off-site residential neighborhoods located to the east of the Specific Plan. As shown on Figure IV-23, Business Park/Off-Site Residential Interface, the Business Park land uses will be approximately 65 feet higher in elevation than the adjacent neighborhoods, with the landscaped manufactured 2:1 slope creating a minimum 300-foot buffer between a Business Park building in PA 15 and the nearest residence to the east . In this condition, natural open space slopes abutting Business Park uses are IV. OBJECTIVE DESIGN STANDARDS & DESIGN GUIDELINES
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planted with slope planting in accordance with Table IV-1, Plant Palette. Additional trees are added to the top of slope to provide an additional buffer between the Business Park land uses and off-site residential.
e. Business Park/Open Space Interfaces
A landscaped interface is provided between Business Park land uses and natural Open Space.

Residential lots abutting Open Space land uses feature a security fence, which may be a 5’ to 6’ tall Tubular Steel Fence or other similar material, as shown in Figure IV-24, Business Park/Open Space Interface. Manufactured slopes consisting of evergreen and deciduous grove trees, shrubs, and groundcover installed in accordance with Table IV-1, Plant Palette provide a buffer between the open space areas and Business Park development.
f. Light Industrial/Open Space Interfaces
A landscaped interface is provided between Light Industrial land uses and natural Open Space.

Light Industrial uses abutting Open Space land uses feature a security fence, which may be a 5’ to 6’ tall Tubular Steel Fence or other similar material, as shown in Figure IV-25, Light Industrial/Open Space Interface. This interface condition is provided between PAs 12 and 21C. g. Light Industrial/Residential Interface
A landscaped buffer is provided between Light Industrial land uses within PA 12 and the residential neighborhoods within the southern portion of PA 8. As shown on Figure IV-26, Light Industrial/Residential Interface, the Light Industrial land uses will be approximately 70 feet below the residential neighborhoods, creating a significant buffer between PAs 12 and 8. In this condition, open space slopes abutting the eastern boundary of PA 8 are planted with slope planting in accordance with Table IV-1, Plant Palette. Additional trees at the top of slope along with the existing 50-foot-wide SCE Easement, and residential Local Road provide an additional buffer between the Light Industrial land uses and residential neighborhoods.

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4. WATER TANK SCREENING
Water tanks are located in the northern portion of RIO VISTA to provide water service to the community. The tanks are located within a manufactured slope area, which ensures the tanks are screened from view from the surrounding areas. The water tanks should be painted a natural color to blend into the surrounding vegetation and soils, such as a light tan, green, or other similar earthtoned color. Anti-graffiti coating of up to 12 feet in height shall be provided on the water tank.

As shown in Figure IV-27, Water Tank Screening Plan View, and Figure IV-28, Water Tank Screening Elevation View, the water tanks are primarily surrounded by open space, and are naturally screened by the community’s topography. To screen views of the water tanks from surrounding residential uses, vertical evergreen trees, large canopy evergreen trees, and large and medium shrubs are planted on the slopes leading to up the water tank.

Any wireless communication towers considered on the site shall be designed to minimize the visual impacts of such facilities, and in conformance with Section 9.275 of the City Municipal Code.

5. COMMUNITY FENCES AND WALLS
Walls and fences are provided within RIO VISTA as illustrated on Figure IV-29, Conceptual Wall and Fence Plan, and are predominantly located around the perimeter boundaries of each residential, Light Industrial, and Business Park PA that interfaces with open space, roads, parks, or off-site land uses. Fencing and walls are used to define the limits of property ownership, as well as for the creation of exterior privacy. Interior side and rear yard wall can be Split-Face Block walls, Slump Stone Block walls, Vinyl Fences, or Precision Block walls (Light Industrial and Business Park PAs only), provided it complies with all the applicable provisions in the Specific Plan. Vinyl fencing is prohibited on the perimeters of residential properties. The maximum height of any solid fence or wall located within the front yard setback is 3 feet. The maximum overall height of view fences or combinations fences/walls is 6 feet. Low walls on front and side yards are encouraged, with the exception of areas with retaining walls.

Along building site perimeters and interior to building sites within the Light Industrial and Business Park uses, the installation of fences and walls will be necessary. The final locations and details of these fences and walls will be determined when buildings are designed and oriented during final implementing projects. As shown on Figure IV-29, tubular steel fences and concrete screen walls may be provided around the perimeters of individual building sites. Walls and fences should be provided around loading and dock areas, trailer parking areas, and parking lots to screen on-site uses from public views and public roads.

The walls and fences used within RIO VISTA are major visual elements and have been carefully designed to complement the overall theme. Community walls and fences are an integral component and extension of the building design and surrounding landscape. A strong cohesive appearance is achieved through the use of “community walls” and general overall wall guidelines.

The walls and fencing will provide a durable, long-term community edge. Gates should be complementary in style and color to its associated fence or wall. Design and material for each wall and fence is depicted in Figure IV-30, Wall and Fencing Detail, and described in detail below.

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6. WALLS AND FENCING DETAILS
a. Split-Face Block Wall
Split-Face Block Walls provide a rear and side yard enclosure where privacy or noise attenuation is desired, such as where residential land uses abut roadways, parks, and water quality basins. Split-Face Block Walls are provided for exterior walls and returns visible from public. Split-Face Block Walls are only provided on the exterior side, however, both sides may be Split-Face Block Walls if visible from public on both sides. Split-Face Block Walls are approximately 6’ tall constructed with a precision masonry cap. Pilasters are situated at wall terminus points and are uniformly spaced along the length of the wall to create visual interest. Pilasters should be at least 2” above wall height. b. Precision Block Wall
Precision Block Walls or split-face block walls may be provided on the interior side of the wall along the boundaries of the Light Industrial and Business Park uses that is not visible from the public street or residential areas. Precision Blocks Walls are approximately 5’6” tall constructed with 6x8x16 precision blocks and precast concrete wall caps. Precision block walls are prohibited in residential areas. c. Tubular Steel Fence
To maximize views, Tubular Steel Fencing is situated where residential, Light Industrial, and Business Park land uses abut open space areas or a downhill slope. This fencing may be used within individual building sites around loading and dock areas, truck yards, surface detention basins, and to separate visitor parking lots from employee parking lots. Tubular Steel Fencing is 5’ in height, decorative, powder coated, and constructed from tubular steel pickets with tubular steel posts a maximum of 8’ on center, with split face block pilasters to match the Split-Face Block Wall located at the fence corners. d. Vinyl Fence
Vinyl Fencing may be provided along the boundaries of Business Park and Light Industrial PAs, and shall be located along the side and rear property lines of lots that do not abut open space or public roadways, and where it is not necessary to preserve views. Vinyl Fencing is 5’6” in height and constructed from a neutral tan color vinyl complementary in color to the Split-Face Block Walls with a flat non-reflective finish. The use of vinyl fencing is prohibited on the perimeter of residential lots, but may be used for interior side and rear yard walls not adjacent to open space or public roadways. Vinyl Gates provide access from the side yards to the rear yard of each home in RIO VISTA. Vinyl gates are 4’ wide and 5’6” tall, constructed from a neutral tan color vinyl to match the Vinyl Fence. e. 3-Rail Vinyl Fence
Fencing adjacent to the soft surface D.G. trail consists of 3’ tall 3-Rail Vinyl Fence. Posts are situated along the fence at a maximum of 8’ on center. Trail fencing shall conform to the Jurupa Area Recreation and Park District’s standards and/or City Community Facilities District (CFD) standards as applicable. f. Concrete Tilt-Up Screen Wall
A concrete tilt-up screen wall may be provided along the boundaries of the Light Industrial and Business Park uses within PAs 12, 13, 14, 15, and 16 and within individual building sites around loading and dock areas, truck yards, and parking lots. A solid wall is preferred over fencing when complete visual screening is necessary, or for noise attenuation. Concrete screen walls are designed to range from six (6’) to fourteen (14’) feet tall, consisting of painted concrete tilt-up screen walls, with the top of the walls painted. In addition, concrete screen walls may provide tubular steel fencing rolling gates made of tubular steel fencing for additional security. The final details of the locations and heights of concrete screen walls will be determined when buildings are designed and oriented during implementation of RIO VISTA.

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7. PARK AND RECREATION AMENITIES
Critical to the success of any community is the quality of the community spaces and their successful integration into the community fabric. As shown in Figure II-5, Open Space and Recreation Plan, a variety of recreational opportunities are provided within RIO VISTA. Outdoor recreation experiences are encouraged through the development of a number of parks and extensive walking, biking and soft surface trails. Community lifestyle needs have been anticipated with a variety of recreation experiences, including the Community Park, Neighborhood Parks, tot lots, trails, and open space. The conceptual plans for these amenities are described in detail below. a. Community Park
Centrally located within RIO VISTA, the 14.3-acre Community Park in PA 19 provides a variety of recreational amenities. As conceptually shown in Figure IV-31, Conceptual Community Park Plan, park amenities include tot lots, trails, baseball fields, tennis courts, basketball courts, and open turf play fields. A concession/restroom facility, picnic tables, and drinking fountains may also be located within the Community Park. This selection of amenities can provide for a full range of activities for residents of any age. The portion of PA 19 located within the SCE Easement are prohibited to construct any buildings or structures, however, recreational trails or open fields may be provided. b. Neighborhood Parks
As conceptually shown in Figure IV-32, Conceptual Neighborhood Park Plan, the RIO VISTA Specific Plan also provides for Neighborhood Parks that may range from 0.75 to 1.0-acre to provide recreational amenities in close proximity to residential neighborhoods. These parks include tot-lots, open turf areas, bench seating, picnic tables, and decomposed granite trails. All recreational facilities will be landscaped, and where necessary, irrigated in a manner that is conducive to the type of plant material and landscape setting, in accordance with Section IV.8, Plant Palette. Please note final locations of neighborhood parks shall be determined at implementation of subdivision map(s). c. Trails/Pedestrian Path System
The trails/pedestrian path system is a major recreational element in RIO VISTA. As shown in Figure IV-10, Landscape Master Plan, formal trails and pedestrian paths are situated within residential PAs, adjacent to roadways, and within open space areas. Trail amenities include trail signage, trail head monumentation, and scenic viewpoints, which are provided at various locations throughout the community to be determined by implementing projects. Trails and pedestrian paths encourage recreational activities such as walking, jogging, bicycling, and equestrian use. This element of the community improves pedestrian connectivity between the residential neighborhoods, parks, and school site. Trail fencing shall be in accordance with JARPD standards and/or City CFD standard, as applicable. RIO VISTA contains four (4) distinct trails/pedestrian paths: existing natural foot paths, soft surface D.G. trails, a Class I Bike Path/Trail, and community sidewalks. ● Existing Trails: Please refer to Section II.C.1. Open Space and Recreation Plan Description for an overview of the planned trails system. ● Soft Surface Trail: A 10’ wide decomposed granite soft surface trail also runs parallel to portions of 20th Street and is separated from the Class I Bike Path/Trail by landscaped planters and a 3’ tall 3-rail vinyl fence.
● Class I Bike Path/Trail: A 10’ wide paved trail parallels the portions of the soft surface trail adjacent to 20th Street provides for a Class I Bike Path/Trail through the IV. OBJECTIVE DESIGN STANDARDS & DESIGN GUIDELINES
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community. The Class I Bike Path/Trail runs adjacent to 20th Street, generally transecting the community in an east/west orientation, and runs to the west of the Community Park (PA 19) and to the north of the school site (PA 18). The Class I Bike Path/Trail is buffered on both sides by landscaped planting. In addition to the landscaped buffer, a 3’ tall, 3-Rail Vinyl Fence separates the Class I Bike Path/Trail from the soft surface trail.
● Community Sidewalks: A 5’ wide paved sidewalk is provided on both sides of Local Roads and Collector Roads within RIO VISTA. Sidewalks along Collector Roads are separated from the curb by a 5’ wide parkway planting, to provide an enhanced pedestrian environment along roads within RIO VISTA. As shown, on Figure IV-14, 20th Street Streetscape with Soft Surface Trail & Bike Path, and Figure IV-15, 20th Street Streetscape, the sidewalks along 20th Street meander within an 18’ wide landscaped parkway. On Local Roads, 5’ wide curb-adjacent landscaped zones abut residential lots on one side and a 5’ wide curb-adjacent sidewalk on the other. A 6’ wide paved sidewalk is provided on both sides of Industrial Collector Roads within RIO VISTA to provide enhanced pedestrian connectivity between 20th Street and the Light Industrial/Business Park land uses within RIO VISTA.

The RIO VISTA trail system is enhanced by trailhead monuments and signage, as illustrated on Figure IV-33, Trail Signage and Monumentation. These elements provide information and safety to trail users, and are designed to be attractive, appropriately scaled, and placed at logical locations in RIO VISTA. Illustrations of the trail signage and monumentation are provided in Figure IV-33, Trail Signage and Monumentation. Trailhead monuments and trail signage are to be maintained by JARPD.

8. FUEL MODIFICATION ZONES
Rio Vista contains manufactured slopes which abut the natural open space throughout the community. In these conditions, a Fuel Modification Zone (FMZ) is provided for managing the potential fire hazard that this interface of open space and manufactured slopes presents. A 100- foot FMZ is provided along this interface starting from the structure into the rear yards and beyond into the open space. The FMZ is divided into two 50’ zones. The first zone extends from the back of the home for 50’ and will be irrigated. Plant material and spacing of trees, shrubs and groundcover will be made to be consistent with the recommendations of Cal Fire. The second zone extends another 50’ beyond Zone 1 and be non-irrigated. Pruning, thinning of natural vegetation along with removal of any fire hazardous plants will occur within this zone as consistent with Cal Fire standards.

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9. PLANT PALETTE
These guidelines provide a simple Plant Palette that complements and enhances the thematic setting for the community. In addition, these plant palettes have been selected for their appropriateness to climatic conditions, soil conditions, and concern for maintenance and water conservation.

Plant selection for given project areas should have similar cultural requirements so irrigation can be designed to minimize water use and plant material can thrive under optimal conditions. The plant palettes have been separated into distinct groups and are summarized in Table IV-1, Plant Palette.

As an example, the plants listed under the Parks and Recreation sub-palette column may be provided within the Community Park, and Neighborhood Parks throughout the community.

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Table IV-1 Plant Palette
Plant Material Application Sub-palette
Botanical Name Common Name
20th StreetCollector RoadsEntriesParks and RecreationOpen Space and SlopesIn-Tract ParkwaysIn-Tract Street TreesBasins (and Basin Slopes) TREES
Arbutus "Marina" Marina Arbutus X X X
Chitupa tashkentensis "Pink Dawn" Chitalpa X X X X
Cinnamomum camphora Camphor Tree X X
Geijera parviflora Australian Willow X X X
Koelrueteria bippinata Chinese Flame Tree X X X
Lagerstroemia indica x fauriei Crape Myrtle Cultivars X X X X Magnolia g. 'St. Mary's' Southern Magnolia X X
Parkinsonia aculeata Palo Verde X X X X X X
Pinus eldarica Afghan Pine* X
Pistacia chinensis Chinese Pistache
Platanus a. 'Bloodgood' London Plane Tree X X
Platanus racemose California Sycamore X X X
Podocarpus gracilior Fern Pine X
Pyrus calleryana "Chanticleer" Chanticleer Pear X X
Pyrus calleryana "Bradford" Bradford Pear X
Quercus agrifolia Coast Live Oak* X X X X
Quercus virginiana Southern Live Oak X X X
Rhus lancea African Sumac* X X X
Schinus molle California Pepper* X X X X
Ulmus parvifolia "Drake" Evergreen Elm X

SHRUBS, PERENNIALS, GRASSES AND GROUNDCOVERS
Acacia r. "Lowboy" Spreading Acacia X
Agapanthus africanus Lily-Of-The-Nile X X
Agave vilmoriniana Octopus Agave* X X X
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Plant Material Application Sub-palette
Botanical Name Common Name
20th StreetCollector RoadsEntriesParks and RecreationOpen Space and SlopesIn-Tract ParkwaysIn-Tract Street TreesBasins (and Basin Slopes) Agave americana Century Plant* X X X
Agave a. "Medio-picta" Century Plant* X X X
Anigozanthos Hybrids Kangaroo Paw* X X X X X X
Arbutus unedo Strawberry Tree* X X X X X X
Callistemon v. "Little John" Dwarf Bottlebrush X X X X X X Carex pansa (in basins) Calif. Meadow Sedge X
Ceanothus spp. California Lilac* X X X X X
Baccharis P. 'Pigeon Point' Coyote Brush* X X X X X
Bulbine frutescens Stalked Bulbine* X X X X
Buxus japonica "Winter Gem" Winter Gem Boxwood X X
Cistus x purpureus Rockrose* X X X X X X X
Cistus salviifolius 'Prostratus' Sageleaf Rockrose* X X X X X X Cotoneaster d. "Lowfast" Lowfast Cotoneaster X X X
Dietes vegeta Fortnight Lily X X X X
Dodonea v. 'Purpurea' Purple Hopseed X
Eleagnus pungens Silverberry X
Euonymus spp Evergreen Euonymus X X
Feijoa sellowiana Pineapple Guava X X X X
Helictotrichon sempervirens Blue Oat Grass X X X X X X X Hemerocallis hybrid Daylily X X X X X X
Hesperaloe parviflora Red Yucca* X X X X
Heteromeles arbutifolia Toyon* X X X X
Leucophyllum f. "Green Cloud" Texas Ranger* X X X X
Ligustrum japonicum Privet X
Lavandula angustifolia "Munstead" English Lavender X X X X X X Mahonia repens Creeping Barberry* X X X X X X
Muhlenbergia rigens Deer Grass* X X X X X
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Plant Material Application Sub-palette
Botanical Name Common Name
20th StreetCollector RoadsEntriesParks and RecreationOpen Space and SlopesIn-Tract ParkwaysIn-Tract Street TreesBasins (and Basin Slopes) Myoporum p. "Putah Creek" Myoporum X X X
Myrtus communis 'Compacta' Compact Myrtle X X
Nandina domestica Heavenly Bamboo X X
Pennisetum s. "Cupreum" Purple Fountain Grass X X X X X X Photinia fraseri Red-Tip Photinia X X
Pittosporum t. "Variegata" Variegated Mock Orange X X X Rhaphiolepis spp India Hawthorn X X X
Rhus ovata Sugar Bush* X X X
Rosa spp Rose* X X X X X X
Rosmarinus o. "Huntington Carpet" Prostrate Rosemary* X X X X X X Rosmarinus o. "Tuscan" Upright Rosemary* X X X X X X
Salvia clevelandii 'Winnifred Gilman' Cleveland Sage* X X X X Salvia greggii Autumn Sage* X X X X X X
Salvia leucantha Mexican Sage* X X X X X X
Trachelospermum jasminoides Star Jasmine X X
Verbena peruviana Verbena* X X X X
Westringia fruticose Coast Rosemary* X X X X X
Xylosma congestum Shiny Xylosma X X
VINES
Clytostoma callistegiodes Lavender Trumpet Vine X X
Distictus buccinatoria Blood-Red Trumpet Vine X X
Parthenocissus tricuspidata Boston Ivy X X

TURF GRASS
Tall Fescue Turf X
*Indicates drought-tolerant plant species
** Invasive plants are prohibited in order to protect the appropriate plant species within and surrounding the RIO VISTA community from harmful non-native species and fire hazards. .

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2C. LIGHT INDUSTRIAL & BUSINESS PARK ARCHITECTURAL DESIGN GUIDELINES

1. DESIGN THEME
A portion of the RIO VISTA Specific Plan is a contemporary employment and commerce center containing Light Industrial and Business Park land uses.

The architectural style of the commerce center within RIO VISTA works in concert with the residential architectural styles and emphasizes a contemporary interpretation of the traditional context with a focus on reducing the appearance of building massing with the use of structural articulation. Buildings are characterized by simple and distinct cubic masses with interlocking volumes of wall planes, colors, and materials to create visual appeal, aesthetically pleasing proportions and strong shadow patterns. Colors, materials, and textures can be mixed to create interest.

Design elements are selected to be compatible in character, massing, and materials in order to promote a clean and contemporary feel. Individual creativity and identity is encouraged, but design integrity and compatibility must be maintained among all buildings and between PAs, to reinforce a unified image for RIO VISTA.

The following guidelines apply to all Light Industrial and Business Park buildings within RIO VISTA to ensure that structural development is visually consistent, appealing, and inviting to pedestrians and motorists. Note that building façades that orient inward to truck courts or service areas or that are not clearly visible from abutting public roads, or are not abutting publicly accessible viewing areas, are not required to adhere to the below Building Form guidelines. a. Building Form
Building form is one of the primary elements of architecture. Numerous design aspects, including shape, mass (size), scale, proportion, and articulation, are elements of a building’s “form.” Building forms are especially important for building façades that are visible along the following view corridors:

IV. OBJECTIVE DESIGN STANDARDS & DESIGN GUIDELINES
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• Building façades in PAs 12, 13, 14, and 16 that are visible from 20th Street. • Building façades in PAs 12, 13, and 15 that are visible from the residential neighborhoods to the west, from the off-site residential neighborhoods to the east and north. i. Use simple geometric shapes as the overall building form. Rectangular forms are encouraged to promote balance and visual interest. Avoid arbitrary, complicated building forms.
ii. Long horizontal wall planes visible from a public street should include a combination of periodic changes in exterior building materials, color, decorative accents, and articulated features.
iii. Modulation and variation of building masses between adjacent buildings visible from public streets is encouraged.
iv. Pedestrian entrances to buildings (with the exception of service doors and emergency exit doors) should be obvious, using changes in massing, color, and/or building materials. v. Pedestrian and ground-level building entries intended for visitor use should be recessed or covered by architectural projections, roofs, or arcades in order to provide shade and visual relief.
vi. Architectural and trim detailing on building façades shall be clean, simplistic, and not overly complicated
vii. Materials applied to any elevations shall turn the corner of the building and continue to a logical termination point in relation to other architectural features or massing.

Although provided for illustrative purposes only, the image above shows how building faces visible from public roadways incorporate angular changes in massing, building materials, color, texture, and accents; no loading docks are to be visible from these roadways.

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b. Building Materials, Colors, and Textures
Building materials and colors play a key role in developing a clean, contemporary visual environment; therefore, the selected exterior materials, colors, and textures should complement one another throughout RIO VISTA. Slight variations are encouraged to provide visual interest. i. Appropriate primary exterior building materials include concrete and similar materials, including tilt-up panels. The primary materials should be accented by secondary materials including but not limited to natural or fabricated stone, fire resistant wood siding (horizontal or vertical), and metal.
ii. Trim details may include metal finished in a consistent color, plaster, stone or concrete elements finished consistently with the building treatment. Use of overly extraneous “themed” detailing, like oversized or excessive foam cornice caps, foam molding and window detailing is discouraged.
iii. Material changes should occur at intersecting planes, preferably at the inside corners of wall planes, or where architectural elements intersect. iv. Primary exterior building colors should be light and gray tones. Darker and/or more vibrant accent colors may be provided in focal point areas, such as around building entrances and near outdoor gathering spaces. Bright primary colors, garish use of color and arbitrary patterns or stripes that will clash with this color palette are discouraged, except in signage logos.
v. Exposed downspouts, service doors and mechanical screen colors shall be the same color as the adjacent wall.

Although provided for illustrative purposes only, the image above shows an example of the conceptual accent building materials, colors, and textures desired for building entries.

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c. Windows and Doors
The patterns of window and door openings shall correspond with the overall rhythm of the building and should be consistent in form, pattern, and color within each PA. Guidelines for windows and doors within the commerce center of RIO VISTA are as follows:
i. When possible, the positioning of doors and windows on individual building façades should occur in a symmetrical and repetitive pattern to create continuity. ii. Window styles and trims shall be consistent in form and color in each PA. Window trims shall be finished in a consistent color on each building. iii. Gold or unfinished/untreated metal window or door frames are prohibited. Clear silver anodized frames are allowed.
iv. Glass shall be clear or colored with subtle reflectiveness. Silver glass is prohibited. v. Pedestrian entry doors to buildings shall be clearly defined by features such as off-set planes, overhangs, awnings, accent colors and canopies, or embellished with decorative framing treatments – including but not limited to accent trim and materials. Dark and confined entries, flush doorways (except emergency exit and service doors), and tackedon entry alcoves are discouraged.

Although provided for illustrative purposes only, the image above shows the repetitive and symmetrical patterns and appropriate styles of windows and doors, desired for buildings in the RIO VISTA.

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d. Walls and Fences
The following guidelines for walls and fencing will ensure that these features complement the overall RIO VISTA design theme, and are attractive from public viewing areas, scaled appropriately, durable, and integrated consistently within the Specific Plan area. i. Freestanding walls and fences should not exceed a height of fourteen (14’) feet, measured from the base of the wall/fence to the top of wall/fence. ii. Landscaping may be used for visual screening instead of walls and fences in locations where a solid physical barrier is not needed.
iii. Walls and fences in public view should be built with attractive, durable materials. iv. Internal fencing is allowed, provided that fenced area is not within view of public streets. v. Along public street frontages, long expanses of wall surfaces should be offset and/or architecturally treated to prevent monotony. Techniques to accomplish this may include, but are not limited to: openings, material changes, pilasters and posts, and staggered sections.
vi. Wall and fencing materials shall be compatible with other design elements of RIO VISTA. e. Truck Courts and Loading Docks
i. Loading doors, service docks, storage areas, and equipment areas shall be fully screened from public roads, residential areas, and publicly accessible locations within RIO VISTA, or other public viewing areas. Screening may be accomplished with solid walls or fences that are compatible with the architectural expression of the building. Screening may also be accomplished by the combination of walls, landscaping and berms.

Although provided for illustrative purposes only, the image above shows screening and wall concepts for truck courts and loading docks.

IV. OBJECTIVE DESIGN STANDARDS & DESIGN GUIDELINES
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ii. Light Industrial and Business Park buildings shall not have loading docks on the building façade(s) facing 20th Street or any other public street when the building is directly adjacent to the street.
iii. No truck parking, nor loading or unloading activity is permitted to take place from public streets.
iv. Truck and service vehicle entries should be designed to provide clear and convenient access to truck courts and loading areas such that passenger vehicle, pedestrian, and bicycle circulation is not adversely affected by truck movements. v. Loading bays that are utilized by refrigerated trailers shall have dock seals and be equipped with plug-in electrical outlets.
vi. Conduit should be installed in truck courts in logical locations that would allow for the future installation of charging stations for electric trucks, in anticipation of this technology becoming available in the lifetime of RIO VISTA.
vii. Electrical rooms to hold sufficiently sized electrical panels should be installed to facilitate the future potential installation of electrical connections from the electrical room to dock doors and/or a separate designated location where diesel engine trucks and/or trailers for freezer/refrigerated warehouse space would park and connect to the electrical system. f. Ground or Wall-Mounted Equipment
i. Ground-mounted equipment, including but not limited to mechanical or electrical equipment, emergency generators, boilers, storage tanks, risers, and electrical conduits, should be screened when feasible from public viewing areas including adjacent public roads. Screening may be accomplished with solid walls, fences, or landscaping.

Although provided for illustrative purposes only, the image above conceptually shows the design of truck courts and loading docks.

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ii. Electrical equipment rooms should be located within the building envelope. Pop-outs or shed-like additions are discouraged.
iii. Wall-mounted items, such as roof ladders or electrical panels, should not be located on the building façade facing adjacent public roads. Wall-mounted items should be screened or incorporated into the architectural elements of the building so as not to be visually apparent from the street or other public areas.
g. Rooftop Equipment
i. Rooftop equipment, including but limited to mechanical equipment, electrical equipment, storage tanks, cellular telephone facilities, satellite dishes, vents, exhaust fans, smoke hatches, and mechanical ducts, shall be screened by rooftop screens or parapet walls so as not to be visible from abutting public roads, and publicly accessible locations within RIO VISTA.
ii. Integrate rooftop screens (i.e. parapet walls, equipment bays, etc.) into the architecture of the main building. Wood finished rooftop screens are prohibited. iii. Design the roofs of Industrial buildings to support the future installation of solar panels. h. Trash Enclosures
i. All outdoor refuse containers shall be screened within a permanent, durable enclosure and shall be fully screened from public roads, residential areas, publicly accessible parking lots within RIO VISTA, or other public viewing areas. The enclosure’s design shall reflect the architectural style of adjacent buildings and use similar, high-quality materials. ii. All outdoor trash enclosures shall be constructed with solid roofs to prevent exposure of dumpster contents to rainfall and prevent polluted storm water runoff from these structures. iii. Refuse collection areas shall be located behind or to the side of buildings, away from the building’s main entrance
Although provided for illustrative purposes only, the image above shows how ground or wall-mounted equipment would be secured and screened from public viewing areas with landscaping.

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i. Outdoor Employee Amenities
i. Bicycle racks should be provided at each building or in a common area that serves multiple buildings to
encourage nonvehicular circulation.

Industrial and
Business Park
buildings should
include an outdoor
employee amenity
area, including
tables, shade trees
and/or shade
structures, and chairs
so that workers do
not have to travel offsite for outdoor
enjoyment.
j. Outdoor Lighting
Outdoor lighting of RIO VISTA
is an essential architectural component that provides aesthetic appeal, enhances safe pedestrian and vehicular circulation, and adds to security. Lighting within the public rights-of-way shall adhere to the City of Jurupa Valley’s outdoor light requirements, and other applicable City standards. All other lighting on private property in the Specific Plan should adhere to the following guidelines.
i. Minimize glare and “spill over” light onto public streets and adjacent properties by using downward-directed lights and/or cutoff devises on outdoor lighting fixtures, including spotlights, floodlights, electrical reflectors, and other means of illumination for signs, structures, parking, loading, unloading, and similar areas.

Although provided for illustrative purposes only, the image above shows how rooftop equipment can be screened from public viewing areas.

Although provided for illustrative purposes only, the image above shows the placement of outdoor patio break areas and employee amenities adjacent to buildings.

IV. OBJECTIVE DESIGN STANDARDS & DESIGN GUIDELINES
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ii. Select all lighting fixtures used in the Specific Plan area from the same – or complementary – family of fixtures with respect to design, materials, fixture color, and light color. Use of LED lighting is encouraged.
iii. Lights should be unbreakable metal or plastic, recessed, or otherwise designed to reduce the problems associated with damage and replacement of fixtures. iv. Neon and similar types of lighting are prohibited in all areas within RIO VISTA. v. Locate all electrical meter
pedestals and light
switch/control equipment
in areas with minimum
public visibility or screen
them with appropriate
plant materials.
vi. Illuminate parking lots,
loading dock areas,
pedestrian walkways,
building entrances, and
public sidewalks to the level necessary for building operation and security reasons.

Dimmers and motion detectors are permitted.
vii. Along sidewalks and walkways, the use of low mounted fixtures (ground or bollard height), which reinforce the pedestrian scaled, are encouraged.
viii. Use exterior lights to accent entrances, plazas, activity areas, and special features. ix. To illuminate parking lots or parking structures and their pedestrian links that provide more than five parking spaces for use by the general public, provide a minimum coverage of one foot-candle of light with a maximum of eight foot-candles on the parking or walkway surface, unless otherwise approved by the City of Jurupa Valley for visibility and security. x. To illuminate aisles and passageways within a building complex, provide a maximum of one-half to one foot-candle of maintained lighting.
xi. High Pressure Sodium (HPS) light fixtures are prohibited for site lighting. k. Signage Guidelines
Signage within the Specific Plan area serves a variety of purposes. Signs will identify RIO VISTA and its building occupants and ensure the efficient circulation of vehicle traffic within the site by identifying vehicular entry points and directing vehicles to their on-site destinations. Also, signage will enhance the pedestrian experience through the design of way finding components: directories, directional signage and destination identifiers.

As such, clear, concise, and easy-to-understand signage that is also visually appealing is vitally important for positive worker and visitor experiences at RIO VISTA. General design requirements for signage are as follows:

Although provided for illustrative purposes only, the image above conceptually lighting fixture consistent with the overall theme of Rio Vista, and minimizes glare and spill over onto public streets and adjacent properties.

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i. A Master Sign Program for RIO VISTA shall be prepared and will requires a Site Development Permit approved by the City of Jurupa Valley. Master Sign Program shall be consistent with Section 9.245.040, On-Site Structures and Signs, of the City Municipal Code.
ii. Minor changes to the Master Sign
Program that are consistent with the
Program intent may be approved
administratively by the Community
Development Director.
iii. The following design considerations in
this section should be reflected in the RIO
VISTA Master Sign Program.
iv. The Master Sign Program shall provide
adequate and appropriate project, pylon,
street, building, tenant identification, trail, path, and wayfinding signage for the anticipated variety of building sizes, designs, and uses to ensure that all project signage is designed with a single vision and theme, generally outlined below. All building signage should be in scale with and in proportion to, the primary building facades so that the signage is not ‘overpowering’ and does not dominate the overall appearance. v. The design of the signage shall reflect the type of business and/or uses through its design, material, shape and graphic form.
vi. All signs shall be contained within the parcel to which applicable and shall be so oriented as to preclude hazardous obstructions to person and/or vision of pedestrians and/or vehicle operators.
vii. Building occupant identification signage shall be in keeping with the character established for RIO VISTA with variations allowed to accommodate individual user identities/corporate branding standards.
viii. The method of attaching the signage to the building should be integrated into the Master Sign Program.
ix. Signs should not cover up windows or important architectural features. x. All conductors, conduits, tubing, crossovers, transformers, and other equipment for the illumination of signs shall be concealed and/or incorporated into the building architecture. xi. Exposed wiring, raceways, cords, plugs, or the like will not be permitted. xii. Direction signs may be located at any vehicular or pedestrian decision point. xiii. Vehicular direction signs shall clearly direct to destination anchors within RIO VISTA, onsite parking areas, and truck routes. xiv. Vehicular direction signs shall be consistent in size, shape, and design throughout RIO VISTA.

Although provided for illustrative purposes only, the
image above conceptually shows the signage to be
provided for Rio Vista to enhance the exposure and
visibility of the commerce center.

IV. OBJECTIVE DESIGN STANDARDS & DESIGN GUIDELINES
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xv. Typography on vehicular direction signs should be legible and have enough contrast to be read from an appropriate windshield viewing distance.
xvi. Vehicular direction signs shall incorporate reflective vinyl copy for night-time illumination.
xvii. Freestanding signs and pylon signs are permitted and may consist of the project’s name, project’s logo, tenant logos, and/or tenant text.

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2. LIGHT INDUSTRIAL AND BUSINESS PARK LANDSCAPE GUIDELINES a. The landscape plans required for submission by the Developer to the City of Jurupa Valley must be prepared by a registered landscape architect licensed in the State of California. b. Water-wise native and drought-tolerant adapted plants should be used to provide a visual transition from the surrounding uses in the RIO VISTA community. c. Property owners shall be responsible for construction of the landscape on their own site and for the construction of certain streetscape frontages. Certain sloping streetscape frontages, notably only those with slopes over 5 feet in height, will be installed and maintained by the Master Property Owners’ Association.
d. Landscape elements within the front of a building or visible from the public right-of-way shall be complementary to streetscape landscape and chosen from the appropriate plant palette. e. When development occurs 'out of phase' or after landscape has been installed by others, plant material sizes within the street parkway shall be upgraded to match existing plant material sizes.
f. The landscape plan for each parcel shall reinforce a strong sense of arrival by utilizing the entry/access tree(s) specified for the street onto the site along the entry drive. g. Along the eastern edge of development, berms and/or evergreen tree masses may be placed along the rear property lines of all parcels with east-facing parking lots and/or truck loading docks. The berms and/or evergreen trees shall serve to partially screen and visually soften the vehicular use areas from the off-site residential uses located to the east. h. All permanent irrigation systems are to be below ground, except on slopes, and fully automatic.

Slopes may have a permanent above-ground irrigation system; however, all irrigation lines within 5.0 feet of the toe of slope shall be buried. Use of water conserving systems including, but not limited to, drip irrigation and moisture sensors, etc. is strongly encouraged. Irrigation heads shall be adjusted to minimize overspray and run-off. All irrigation heads adjacent to paved areas, curbs, and turf shall be of the pop-up type. Irrigation system and design shall comply with the City of Jurupa Valley requirements.
i. The landscape plans required for submission by the Developer to the City of Jurupa Valley must be prepared by a registered landscape architect licensed in the State of California. j. Water-wise native and drought-tolerant adapted plants should be used to provide a visual transition from the surrounding uses in the RIO VISTA community. k. Property owners shall be responsible for construction of the landscape on their own site and for the construction of certain streetscape frontages. Certain sloping streetscape frontages, notably only those with slopes over 5 feet in height, will be installed and maintained by the Master Property Owners’ Association.
l. Landscape elements within the front of a building or visible from the public right-of-way shall be complementary to streetscape landscape and chosen from the appropriate plant palette. m. When development occurs 'out of phase' or after landscape has been installed by others, plant material sizes within the street parkway shall be upgraded to match existing plant material sizes.

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n. The landscape plan for each parcel shall reinforce a strong sense of arrival by utilizing the entry/access tree(s) specified for the street onto the site along the entry drive. o. Along the eastern edge of development, berms and/or evergreen tree masses may be placed along the rear property lines of all parcels with east-facing parking lots and/or truck loading docks. The berms and/or evergreen trees shall serve to partially screen and visually soften the vehicular use areas from the off-site residential uses located to the east. p. All permanent irrigation systems are to be below ground, except on slopes, and fully automatic.

Slopes may have a permanent above-ground irrigation system; however, all irrigation lines within 5.0 feet of the toe of slope shall be buried. Use of water conserving systems including, but not limited to, drip irrigation and moisture sensors, etc. is strongly encouraged. Irrigation heads shall be adjusted to minimize overspray and run-off. All irrigation heads adjacent to paved areas, curbs, and turf shall be of the pop-up type. Irrigation system and design shall comply with the City of Jurupa Valley requirements.
q. Backflow control devices are to be located to minimize their adverse visual impact. In addition, such control devices shall be screened by shrubs. r. Undeveloped sites, or portions of sites, held in reserve for future development need not be irrigated or fully landscaped. These areas shall be, at a minimum, seeded with a drought resistant mix to hold down weed growth and to minimize erosion. The use of temporary ongrade irrigation systems is permitted in these areas. All public right-of-waysrights-of-way and required setback areas must be landscaped in a 'permanent' manner within one year of the completion of construction of the public right-of-way.
s. Landscape installation must be in place in accordance with the City of Jurupa Valley guidelines prior to final building permit inspection.
t. Specify landscape plans be prepared by a landscape architect licensed in the State of California. u. Approved landscape plans may not be altered without prior approval of the Community Development Director.

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3. ADDITIONAL GUIDELINES FOR LIGHT INDUSTRIAL & BUSINESS PARK USES This section sets forth additional guidelines that address considerations unique to all uses permitted within the Light Industrial and Business Park PAs within RIO VISTA. These guidelines apply to the design of building sites in PAs 12 through 16 which are intended to accommodate light industrial and business park use(s).
a. Locate the office portion of warehouse buildings at the corner(s) of the building. For buildings adjacent to 20th Street and other public streets, orient the office toward these roads to provide visual interest from the public roadway.
b. Orient and screen elements such as trash enclosure areas, loading bay doors, and service docks in ways that minimize their visibility from 20th Street and other public streets. c. Site design shall specifically address the needs of pick-up, delivery, and service vehicles related to Light Industrial and Business Park land uses. i. Design interior driveways and drive aisles to provide adequate stacking and prevent queuing of vehicles on public streets. Position guardhouses and gates sufficiently inside the site to allow for a minimum of one (1) tractor trailer truck to queue in front of the guardhouse or gate off the public street. Additional or reduced queuing space may be deemed necessary by a building-specific queuing analysis based on the expected traffic volumes of the building occupant.
ii. Locate and design service entrances so they do not interfere with owner/tenant/customer access.
iii. Design loading areas to provide for tractor trailer backing and maneuvering on-site and not from a public street.
iv. Provide appropriate on-site service vehicle parking/turnouts in an efficient, nonobtrusive location appropriate to the scale and needs of the development. v. Vehicle loading/unloading when parked, shall not impede normal traffic flow. d. Architectural design of Light Industrial and Business Park buildings may be utilitarian in form; however, the design should complement RIO VISTA’s overall design theme. e. Textured forms, reveals, or scoring on concrete tilt-up panels is recommended for visual relief and to create a base and cornice expression; however, smooth panels with color variation may be used in lieu of textured finishes.
f. Use primary roof forms that are flat or gently sloping. The ridge line elevation of the primary roof form should not exceed the parapet wall. Change of parapet height is strongly encouraged. g. Avoid the use of arched gable, hip and shed roof forms as a primary roof form. These roof forms may be used as a secondary/accent roof form.
h. With the exception of solar panels, screen all rooftop mounted equipment, where required, from public view using materials complementary to those used on the main structure. i. Interior design, aisles widths, access locations and dimensions are subject to Engineering review and approval at project specific application submittal.

V. SPECIFIC PLAN ADMINISTRATION
SP 16001 Page V-1
V. SPECIFIC PLAN ADMINISTRATION
A. MINOR MODIFICATIONS TO THE SPECIFIC PLAN
The following are considered minor modifications to the Specific Plan that may be processed administratively and may not require further review under CEQA at the discretion of the Community Development Director. Refer to Section 9.240.440 of the City of Jurupa Valley’s Municipal Code (JVMC) for procedures regarding applications for modifications to approved permits.

1. Minor modifications to this Specific Plan text and graphics which do not substantially change the intent of the section of the RIO VISTA Specific Plan being modified.

2. Changes to the target building square footage for any or all of the Planning Areas provided that the overall maximum square footage within this Specific Plan is not exceeded.

3. Construction of buildings across Planning Area (PA) boundaries within the same Land Use Designation which therefore cross over into adjacent PAs, subject to all of the applicable standards and guidelines contained in Chapter III, Permitted Uses and Development Standards, and Chapter IV, Design Guidelines, of this Specific Plan. Buildings constructed across PA boundaries shall not, by themselves, trigger the requirement for a Substantial Conformance.

4. Minor modification of design criteria such as paving treatments, architectural details, landscape treatments, fencing, lighting, and entry treatments when determined by the Community Development Director to be consistent with the design guidelines in this Specific Plan.

5. Final infrastructure facility sizing and precise location of water, sewer, and drainage improvements which must be approved by the City of Jurupa Valley and RCSD.

6. Modifications to public or private roadway ROW design, when such modifications are approved by the City of Jurupa Valley.

7. Modifications to landscape, wall material, wall alignment, and streetscape which are determined by the Community Development Department to be consistent with the Design Guidelines contained in this Specific Plan, and in substantial conformance with all discretionary permit approvals.

8. Modifications to Light Industrial and Business Park Architectural Design Guidelines, such as variation of materials, colors, windows, doors, signage, and/or walls and fences when determined by the Community Development Director to be consistent with the design guidelines in this Specific Plan.

9. Modifications to any architecture, plotting, and building size that have been previously reviewed and approved through the design review process, and in substantial conformance with all discretionary permit approvals.

10. Any use that is not specifically listed in the Permitted Uses tables may be considered a permitted or conditionally permitted use provided that the Community Development Director finds that the proposed use is substantially the same in character and intensity as V. SPECIFIC PLAN ADMINISTRATION
SP 16001 Page V-2
those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls.

11. Expansions or reductions of the net or gross acreage of a given residential PA which does not result in the maximum density of the PA’s Land Use Designation being exceeded or reductions in Open Space Conservation (OS-C) area.

12. Modifications of supplemental design guidelines when determined by the Community Development Director to be consistent with Section IV.B.2, Design Guidelines, in this Specific Plan.

13. Changes to the Phasing Plan, provided infrastructure is available to serve the phase as determined by the Public Works Director.

14. Final infrastructure facility sizing and precise location of water, sewer, and storm drainage improvements when directed by the City Engineer.

15. Roadway alignment when the changes are warranted.

16. Grading of manufactured slopes in Open Space-Conservation PAs 21A through 21E.

17. Modifications of a similar nature to those listed above, which are deemed minor by the Director of the City of Jurupa Valley Community Development Department, because they are consistent with the Goals and intent of this Specific Plan and in conformance with the City of Jurupa Valley General Plan.

18. Any other proposed changes that are determined by the Community Development Director of the City of Jurupa Valley to be minor modifications.

19. Construction of buildings across abutting Planning Area (PA) boundaries 13, 14 and 15 is permitted, subject to the proposed use in the building(s) being permitted in both land uses (i.e., Light Industrial and Business Park) pursuant to Chapter III, Permitted Uses and Development Standards, of this Specific Plan. Buildings constructed across PA boundaries shall not, by themselves, trigger the requirement for a Substantial Conformance.

B. AMENDMENTS TO THE SPECIFIC PLAN
All Specific Plan modifications which do not meet the criteria of a Substantial Conformance as defined in this section or as determined by the Community Development Director of the City of Jurupa Valley shall be deemed to require a Specific Plan Amendment. A change in the number of dwelling units within any PA which results in a dwelling unit density greater than the maximum density for that PA, or which would result in the total number of dwelling units exceeding 1,697, would trigger the need for a Specific Plan Amendment, except in the event that PA 18 is developed with 56 DUs. Specific Plan Amendments may change any or all portions of the Specific Plan document.

In considering approval or disapproval of Specific Plan Amendments, the City Council shall find that the proposed Amendment is in compliance with each of the following:

1. The proposed Amendment is consistent with the General Plan and its Elements in effect at the time of submission; and,
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SP 16001 Page V-3

2. The proposed Amendment does not result in an incompatibility with surrounding land uses with respect to use, development standards, density, or issues of health, public safety, or general welfare; and,

3. The proposed Amendment is consistent with the overall design character and general community structure of the Specific Plan; and,

4. The proposed Amendment, with appropriate mitigation measures, is not likely to increase environmental impacts beyond those identified and mitigated in the RIO VISTA Specific Plan EIR, or substantially and avoidably injure significant wildlife, or their habitat.

Otherwise, the proposed Amendment must be analyzed in accordance with the California Environmental Quality Act.

C. IMPLEMENTING PROJECTS
Development of the RIO VISTA Specific Plan will occur through the processing of a variety of implementing projects, including, but not limited to tract maps, parcel maps, Site Development Permits (SDP), Conditional Use Permits (CUP), and/or site plans. All implementing projects shall be submitted to the Community Development Department for review and processing. The Community Development Department shall review all plans for consistency with the City of Jurupa Valley General Plan, RIO VISTA Specific Plan document and with the JVMC:

1. Park, open space, and trail plans shall be submitted and approved concurrently with associated tentative tract map applications.

2. Tentative tract maps shall include sufficient open space, parks, and trails.

3. Planning Permits (e.g., SDP, CUP) shall be processed in accordance with the JVMC. If the use is not expressly listed as permitted or conditionally permitted by this Specific Plan, the use is prohibited unless the Community Development Director determines the use is substantially similar in character and intensity to the list of permitted and conditionally permitted uses in the Specific Plan.

4. Any application for an SDP shall be processed in accordance with the procedures established herein and with Section 9.240.330, Site Development Permits, of the JVMC, as applicable.

5. The RIO VISTA Specific Plan provides the following framework for implementing projects within the Light Industrial and Business Park PAs:
a. Facilities related to industrial, manufacturing, research and development, may include storage and shipping, but such activities are only permitted as an ancillary use to manufacturing operations. These ancillary uses may include the outdoor storage of fleet vehicles, and storage, assembly, and/or the processing of manufactured goods and materials, prior to their distribution to other facilities, subject to: (1) the approval of one or more of the following entitlements, SDP CUP, and/or General Plan Amendment (GPA) as stipulated below, and (2) the uses identified in Table III-10, Light Industrial and Business Park – Permitted Uses within Section III, Permitted Use and Development Standards, of this Specific Plan.

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SP 16001 Page V-4
i. Manufacturing, assembly, or other allowed uses with ancillary facilities, including but not limited to, storage/shipping, and other operations that support the primary use,, are permitted subject to a SDP, provided that the qualifying manufacturing or assembling operations occur within the same structure, site, or within the same Light Industrial and/or Business Park PA. ii. Manufacturing with ancillary storage and shipping activities or other listed ancillary permitted uses, including the processing of manufactured goods and materials, prior to their distribution to other facilities, may be allowed, subject to Table III-10, Light Industrial and Business Park – Permitted Uses, within Section III, Permitted Uses and Development Standards, of this Specific Plan.
b. Manufacturing with ancillary shipping and/or other similar land uses are required to provide a combination of setbacks, berming, and landscaping, per the Rio Vista Specific Plan Development Standards provided in Sections III.D (Light Industrial Development Standards) and III.E (Business Park Development Standards), and the design criteria provided in Section IV.E (Light Industrial & Business Park Architectural Design Guidelines) to establish a physical and visual buffer from abutting residential off-site land uses.

D. DENSITY TRANSFERS
The Specific Plan area shall be developed with a target of 1,697 dwelling units, or 1,753 dwelling units if PA 18 is developed with residential land uses, on 917.3 acres, as illustrated in Figure II-1, Land Use Plan. Each residential PA is assigned a “Maximum Density” and a “Target DUs” total in Table II-1, Detailed Land Use Summary. The “Maximum Density” is the maximum density permitted for the PA’s land use designation, as defined by the City of Jurupa Valley General Plan.

The “Target DUs” total is the number of dwellings per PA proposed by this Specific Plan and as described in Table II-1, Detailed Land Use Summary.

The proposed number of dwelling units contained in an implementing subdivision application may be more or less than the “Target DUs” specified in any PA without necessitating the preparation of a Specific Plan Amendment provided that:

1. The proposed dwelling unit density within each PA within the implementing subdivision is less than the Maximum Density of each of the affected PAs.

2. The maximum number of dwelling units for the entire Specific Plan is not exceeded when all the proposed units are considered.

VI.IMPLEMENTATION
SP 16001 Page VI-1
VI. IMPLEMENTATION
A. IMPLEMENTATION ACTION PLAN
The RIO VISTA Specific Plan has been prepared pursuant to the provisions of California Government Code § 65451, Article 8, authorizing local government agencies the authority to prepare specific plans of development for any area covered by a General Plan, for the purpose of establishing systematic methods of implementation of the agency’s General Plan. California Government Code §§ 65450 through 65456 establish the authority to adopt a specific plan, identify the required contents of a specific plan, and mandate consistency with the City’s General Plan. According to § 65451, a specific plan shall include text and a diagram or diagrams that specify all of the following details:
 The distribution, location, and extent of the land uses, including open space, within the area covered by the plan (refer to Section II, Specific Plan).  The distribution, location, extent, and intensity of major components of the transportation, sewage, water, drainage, and other essential facilities located within the area covered by the plan and are necessary to support the land uses described in the plan (refer to Section II, Specific Plan).
 The standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable (refer to Section II, Specific Plan, Section III, Permitted Uses and Development Standards, and Section IV, Design Guidelines).
 A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out the items listed above (refer to Section V, Specific Plan Administration).

In response to government requirements, this Specific Plan has been prepared to provide the essential link between the policies and objectives of the City of Jurupa Valley General Plan and the development plan for RIO VISTA. By functioning as a regulatory document, the RIO VISTA Specific Plan provides a means to implement the City of Jurupa Valley’s General Plan within the boundaries of RIO VISTA. In this regard, development plans and entitlements for RIO VISTA shall substantially conform to the regulations and guidelines set forth in this document, as well as applicable City regulations. Where the Specific Plan is silent on a regulation defined elsewhere by the City, the City regulation shall be in force. This Specific Plan identifies site-specific design requirements applicable within RIO VISTA and, as such, adherence to this Specific Plan ensures that the community meets or exceeds City standards for environmental safety, infrastructure, and site planning, while providing provisions for maintenance of aesthetic quality and community identity.

EXHIBIT D
MA 16045 Conditions of Approval
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EXHIBIT D

PLANNING DIVISION

1. PROJECT PERMITTED. MA16045 (GPA 16001, SP 16001, DA16001, TTM 37074 & TTM 38639) is an approval for the Rio Vista Specific Plan to create a master-planned community consisting of Very Low Density Residential (VLDR), Medium Density Residential (MDR), Medium High Density Residential (MHDR), High Density Residential (HDR), Highest Density Residential (HHDR), Light Industrial and Business Park, a public K-6 educational facility, open space and recreation areas, and circulation improvements and the following entitlements:
a. General Plan Amendment No. 16001 to make the Specific Plan and General Plan land uses consistent with one another.
b. Specific Plan No. 16001 replaces the existing Rio Vista Specific Plan No. 243 with new land uses and plan for development.
c. Development Agreement No. 16001 an agreement between the applicant and the City that sets the required community benefits the applicant will provide and the flexibility in the Municipal Code and protection of the approvals through the duration of the development agreement.
d. Tentative Tract Map (TTM 37074) that subdivides individual residential lots for planning areas PA 4, 5 and 6.
e. Tentative Tract Map (TTM 38639) creates a financing map for the Specific Plan area.

2. INDEMNIFY CITY. The applicant, the property owner or other holder of the right to the development entitlement(s) or permit(s) approved by the City for the project, if different from the applicant (herein, collectively, the “Indemnitor”), shall indemnify, defend, and hold harmless the City of Jurupa Valley and its elected city council, its appointed boards, commissions, and committees, and its officials, employees, and agents (herein, collectively, the “Indemnitees”) from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either (i) the City’s approval of the project, including without limitation any judicial or administrative proceeding initiated or maintained by any person or entity challenging the validity or enforceability of any City permit or approval relating to the project, any condition of approval imposed by City on such permit or approval, and any finding or determination made and any other action taken by any of the Indemnitees in conjunction with such permit or approval, including without limitation any action taken pursuant to the California Environmental Quality Act (“CEQA”), or (ii) the acts, omissions, or operations of the Indemnitor and the directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the Indemnitor with respect to the ownership, planning, design, construction, and maintenance of the project and the property for which the project is being approved. The City shall notify the Indemnitor of any claim, lawsuit, or other judicial or administrative proceeding (herein, an “Action”) within the scope of this indemnity obligation and request that the Indemnitor defend such Action with legal counsel reasonably satisfactory to the City. If the Indemnitor fails to so defend the Action, the City shall have the right but not the obligation to do so and, if it does, the Indemnitor shall promptly pay the City’s full cost Conditions for TTM37074 and TTM38639
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thereof. Notwithstanding the foregoing, the indemnity obligation under clause (ii) of the first sentence of this condition shall not apply to the extent the claim arises out of the willful misconduct or the sole active negligence of the City.

3. CONSENT TO CONDITIONS. Within thirty (30) days after project approval, owner or designee shall submit written consent to the required conditions of approval to the Planning Director or designee.

4. FEES. The approval of MA16045 (GPA16001, SP16001, DA16001, TTM 37074 & TTM 38639) shall not become effective until all planning fees have been paid in full.

5. MITIGATION MEASURES. This project shall be subject to and comply with all of the mitigation measures set forth in the adopted Mitigation Monitoring and Reporting Program in connection with the adoption of an Environmental Impact Report prepared for the project.

6. CONFORMANCE TO APPROVED EXHIBITS. The project shall be in conformance to the approved plans (listed below) with any changes in accordance to these conditions of approval:
• Rio Vista Specific Plan No. 16001 dated June 2024.
• Tentative Tract Map No. 37074 dated July 31, 2023
• Tentative Tract Map No. 38639 dated July 31, 2023

7. TTM – APPROVAL PERIOD. An approved or conditionally approved tentative tract map shall expire thirty-six (36) months after such approval or as is stipulated in DA 16001 which ever is the greater, and unless within that period of time, a final map shall have been approved and filed with the County Recorder. Prior to the expiration date, the land divider may apply in writing for an extension of time. Each application shall be made to the Community Development Director prior to the expiration date of the tentative map and shall be accompanied by the fee set forth in Chapter 3.65 or resolution of the City Council.

For schedule "E" maps, the Community Development Director shall forward to the Advisory Agency a recommendation of approval or denial of the application. The Advisory Agency may extend the date on which the map expires for one (1) year and, on further application thereof, may further extend it for a second year, and on further application thereof may further extend it for a third year, and on further application before expiration thereof, may further extend it for a fourth year, and on further application before expiration thereof, may further extend it for a fifth year, and on further application before expiration thereof, may further extend it for a sixth year. The decision of the Advisory Agency shall be final unless the decision is appealed pursuant to the provisions of Section 7.15.

8. OWNERSHIP AND MAINTENANCE OF THE COMMON AREA. Covenants, Conditions, and Restrictions (CC&Rs) shall be approved by the Community Development Director and City Engineer. The CC&Rs shall be recorded concurrently with the final map or prior to the recordation of the final map, providing for maintenance of the property in perpetuity. The CC&Rs shall, at a minimum, include provisions for the following items unless it is deemed unnecessary by the Community Development Director:
• Formation of a Permanent Organization for the ownership and maintenance of all common areas including, but not limited to, landscaping, open space, common recreation, common parking areas, and circulation systems (areas) in perpetuity.

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• The CC&Rs for each tract shall identify the common areas for ownership and maintenance, whether by the HOA, POA, City or Agency. The common areas shall include the following items as applicable:
(1) Access and Circulation Areas
(2) Drainage Facilities
(3) Reciprocal Access
(4) Private and/or public utility easements
(5) Identify Common Areas (including tot lots, recreational areas, etc.) (6) Allowed users of common areas
(7) Landscaping and Irrigation
(8) On-site Lighting Fixtures
(9) Walls and Fences
(10) Community signage
(11) All on-site stormwater and water quality management post-construction facilities and features (BMPs) shall require maintenance by the property owner(s) or City. Regulations for operations and maintenance shall be clearly stated in the CC&Rs.
(12) Trails, trailheads, and trail signage
(13) Other items the Community Development Director and/or City Engineer deem appropriate.

9. LANDSCAPE MAINTENANCE. All landscaped areas shall be maintained as approved on the final landscape plans in an orderly, attractive and healthy condition. This shall include proper pruning, mowing of turf areas, weeding, removal of litter, fertilization, replacement of plants when necessary, and the regular application of appropriate quantities of water to all landscaped areas. Irrigation systems shall be maintained as approved on the final landscape plans in proper operating condition. Waterline breaks, head/emitter ruptures, overspray or runoff conditions and other irrigation system failures shall be repaired immediately. The applicant shall maintain canopy trees in a manner that they provide the required shade coverage and encourages the canopy to grow to provide shade. Avoid topping trees or pruning the trees in a manner that the trees do not achieve mature height and form.

10. MAINTENANCE OF PROPERTY. The applicant shall maintain the neighborhood as required by the CC&R’s. Property owners and/or tenants of each property shall maintain the lot and be kept free of debris, weeds, abandoned vehicles, code violations, and any other factor or condition that may contribute to potential blight or crime.

11. INCLUSIONARY HOUSING. The Project is subject to Ordinance No. 2022-14, Inclusionary Housing Requirement and Affordable Housing In-Lieu Fee. Within thirty (30) days after the project's approval, the applicant shall notify the Community Development Director, in writing, the method by which the applicant proposes to satisfy the inclusionary housing unit requirement and/or the inclusionary housing in-lieu fee requirement.

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12. TREES IN STREETSCAPE. All trees in the parkway and setback abutting a street shall be a minimum of 36” box in size.

13. GARAGE DOORS. All garages shall have an automatic sectional roll-up door.

14. BACKFLOW DEVICES. The location of all backflow devices shall be approved by the Community Development Director prior to installation. Backflow devices shall be located the greatest extent possible from the property line abutting the street.

15. ALL - PLANNING REVIEW OF GRADING PLANS. Prior to the issuance of any grading permit, the slopes and grade shall be reviewed by the Community Development Director to confirm conformance with the Specific Plan and tract map.

16. GRAFFITI PROTECTION FOR WALLS. Prior to the issuance of any building permit, the applicant shall submit a wall plan that includes anti-graffiti coating or protection for the exterior side of all perimeter walls for City review and approval. The applicant shall remove any graffiti on the property as soon as possible. In addition, if the applicant was notified by the City, the applicant shall remove the graffiti within seven (7) days of the City’s notice.

17. ON-SITE LANDSCAPING. The following items shall be approved by the Community Development Director including landscape and irrigation plans as modified in accordance with this condition prior to the issuance of the first building permit for a residential unit of the subdivision:
a. Complete “Professional Services (PROS)” application (Planning) with payment of fee for the review of the final landscape, irrigation, and shading plans. b. The total cost estimate of on-site landscaping, irrigation, labor, and one-year maintenance.
c. Completed “City Faithful Performance Bond for Landscape Improvements” form with original signatures after the City provides the applicant with the required amount of bond. This bond is for landscaping not within publicly maintained areas.

A performance bond shall be posted at 110% of the total cost estimate of landscaping, irrigation, labor, and one-year maintenance. The Community Development Director may consider a cash bond if appropriate. d. Completed City Agreement for Landscape Improvements
e. Three (3) sets of final on-site landscape, irrigation plans, shading plan with digital copies in 8.5” x 11” that shall address all of the following requirements:
i. All trees in the parkway and setback abutting a street shall be a minimum of 36” box in size.
ii. Compliance with Chapter 9.283 Water Efficient Landscape Design Requirements
iii. Consistent with Specific Plan and municipal code
Prior to the issuance of the first Certificate of Occupancy of the subdivision, the following events shall be satisfied in the order it is listed:
a. Substantial Conformance Letter: The Landscape Architect of Record shall conduct an inspection and submit a letter to the City of Jurupa Valley Community Development Department once the landscape architect has deemed the installation is in conformance to the approved plans.

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b. City Inspection: The City landscape architect shall conduct an inspection of the installation to confirm the landscape and irrigation plan was constructed in accordance to the approved plans.

The phasing of installing landscaping and irrigation for the subdivision may be approved by the Community Development Director. Each phase shall provide the necessary landscaping and irrigation.

18. ON-SITE LANDSCAPING – MODEL HOMES. The following items shall be approved by the Community Development Director, including landscape and irrigation plans as modified in accordance with this condition prior to the issuance of the first building permit for a model home of the subdivision:
a. Complete “Professional Services (PROS)” application (Planning) with payment of fee for the review of the final landscape, irrigation, and shading plans. b. The total cost estimate of on-site landscaping, irrigation, labor, and one-year maintenance.
c. Completed “City Faithful Performance Bond for Landscape Improvements” form with original signatures after the City provides the applicant with the required amount of bond. This bond is for landscaping not within publicly maintained areas.

A performance bond shall be posted at 110% of the total cost estimate of landscaping, irrigation, labor, and one-year maintenance. The Community Development Director may consider a cash bond if appropriate. d. Completed City Agreement for Landscape Improvements
e. Three (3) sets of final on-site landscape, irrigation plans, shading plan with digital copies in 8.5” x 11” that shall address all of the following requirements:
i. All trees in the parkway and setback abutting a street shall be a minimum of 36” box in size.
ii. Compliance with Chapter 9.283 Water Efficient Landscape Design Requirements
iii. Consistent with Specific Plan and municipal code
Prior to the issuance of the first Certificate of Occupancy of the model home, the following events shall be satisfied in the order it is listed:
a. Substantial Conformance Letter: The Landscape Architect of Record shall conduct an inspection and submit a letter to the City of Jurupa Valley Community Development Department once the landscape architect has deemed the installation is in conformance to the approved plans.
b. City Inspection: The City landscape architect shall conduct an inspection of the installation to confirm the landscape and irrigation plan was constructed in accordance to the approved plans.

19. EV CHARGING STATIONS. The site shall provide and install infrastructure for Electrical Vehicle (EV) Charging stations as required under the California Green Building Standards Code. Additionally, the applicant or their successor shall provide evidence that the homeowners would be provided with the option to purchase an Electric Vehicle Charging system for their home. EV charging station plans shall be approved by the Community Development Director prior to the issuance of the first building permit.

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20. OUTDOOR LIGHTING. All outdoor lighting fixtures shall be maintained in good condition.

Light fixtures shall be shielded to prevent any light to flood onto adjacent properties. A photometric plan and exhibits of lighting fixtures shall be approved by the Community Development Director prior to the issuance of the first building permit for a residential unit of the Specific Plan.

21. TRASH COLLECTION. This condition would apply if the project included a trash enclosure. Prior to the issuance of any building permit for the first residential unit of a subdivision, the following shall be completed:
a. Detailed plans for trash enclosure(s) shall be approved by the Community Development Director. Walls of the enclosure and any solid gates shall have graffiti protection coating.
b. A Waste Service Plan shall be approved by the City and the City's franchise waste hauler. The service plan shall identify the location of all carts (trash, mixed recyclables, and green waste) staged for collection. Carts are 26" wide and should be spaced approximately 12" apart or otherwise approved by the City and City’s franchise waste hauler.
c. An approval or clearance letter making reference to the Waste Service Plan from the waste collection agency shall be submitted to the Community Development Department.

22. INCORPORATE CONDITIONS. Prior to the issuance of any building permit, the owner or designee shall include within the first four pages of the working drawings a list of all conditions of approval imposed by the project’s final approval exception may be granted by the Community Development Director in cases where the text would be illegible if all the conditions are condensed within the first four pages.

23. JURUPA AREA RECREATION AND PARK DISTRICT (JARPD). Prior to the issuance of any building permit for a residential unit of the Specific Plan, the applicant shall submit proof of satisfying any fees, dedications, or requirements by the Jurupa Area Recreation and Park District to the Building Official. Notwithstanding the foregoing, the issuance of a building permit for a residential unit within Planning Area 7 of the Specific Plan shall not be conditioned upon these dedications or satisfaction of requirements for the other Planning Areas of the Specific Plan.

24. JARPD CFD. Prior to the issuance of any building permit for a residential unit of the Specific Plan, the applicant shall annex into the existing Jurupa Area Recreation and Park District (JARPD) District-Wide Community Facilities District (CFD) or form a new Community Facilities District (CFD) to contribute to the cost of park maintenance.

25. PROJECT DESIGN APPROVALS. Prior to the issuance of a building permit for a residential unit or a model home, whichever occurs first for Tentative Tract Map No. 37074, a Site Development Permit shall be submitted and approved by the Community Development Director that includes, but is not limited to, the following for review of consistency with the Specific Plan and municipal code:
a. Final Site (Plotting) Plan for dwellings and model homes. b. Architectural Plans for dwellings and model homes
c. Neighborhood Entry Statements (monument signs)
d. Wall and Fence Plan
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e. Community amenities such as mailboxes on-site lighting f.

26. OPEN SPACE AND PRESERVATION.
a. Prior to the issuance of a Certificate of Occupancy for the first residential unit of the Specific Plan, Applicant shall record on Planning Areas 21 A – E, or as approved by the City Manager, an open space deed restriction limiting the use of the property to open space and preservation of the Palmer’s Oak. The documents imposing the deed restrictions on the Open Space Property shall be approved by the City Manager in writing prior to recordation. b. Prior to the issuance of a Certificate of Occupancy for the 170th residential unit of the Specific Plan or grading permit for an Industrial Building in Planning Areas 13 or 15 whichever occurs first, a local non-profit conservation entity or similar entity approved by the City Manager shall be identified by the Applicant, subject to the written approval of the City Manager, which shall be responsible for the maintenance and conservation of the Planning Area 21-D and the Palmer’s Oak (“Conservation Entity”). Within two weeks of the approval of the Conservation Entity, or as extended by the City Manager, Applicant shall convey (land dedication, conservation easement or other means) Planning Area 21-D to the conservation entity free of liens and encumbrances other than the restriction limiting the use of the property to open space and preservation of the Palmer’s Oak. Until such time that PA 21-D is conveyed to the Conservation Entity, the Applicant shall continue to maintain, preserve, and provide security services for PA 21-D. The documents conveying the Open Space Property to the Conservation Entity shall be approved by the City Manager in writing prior to recordation. c. Prior to issuance of a Grading Permit for PA 13 or PA 15 the applicant shall convey PA 21-D to the Conservation Entity and prior to or upon conveyance of PA 21-D to the Conservation Entity, the Applicant shall pay to the Conservation Entity the sum of two hundred and fifty thousand dollars ($250,000) or other funding mechanism approved by the City Manager to be used as an endowment for the preservation, maintenance, and conservation of the Open Space Property and the Palmer’s Oak subject to such terms as may be approved by the City Manager.

27. 300-FOOT-WIDE LANDSCAPE BUFFER BETWEEN PA 15 BUSINESS PARK AND CRESTMORE HEIGHTS. A minimum of a 300-foot-wide buffer shall be provided between PA 15 Business Park buildings and Crestmore Heights residential buildings. The slope area within the buffer area shall be densely landscaped (consistent with the Specific Plan) and irrigated to minimize potential impacts from the Business Park upon Crestmore Heights.
• Prior to the issuance of the first building permit for PA 15, a plan that demonstrates compliance with this condition and the Specific Plan shall be approved by the Community Development Director.

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• Prior to the issuance of the first Certificate of Occupancy for any Business Park building in PA 15, a 300-foot-wide buffer area shall be provided in accordance with City approval between PA 15 and Crestmore Heights.
o Substantial Conformance Letter: The Landscape Architect of Record shall conduct an inspection and submit a letter to the City of Jurupa Valley Community Development Department once the landscape architect has deemed the installation is in conformance to the approved plans. o City Inspection: The City landscape architect shall conduct an inspection of the installation to confirm the landscape and irrigation plan was constructed in accordance to the approved plans.

28. IMPACT FEES. The applicant shall pay the following impact fees (unless exempt or otherwise required by Development Agreement No. 16001) in accordance to Title 3 of the Municipal Code:
• Development Impact Fee (DIF) Program. The applicant shall pay any owed DIFs by the required deadline pursuant to Chapter 3.75 of the Jurupa Valley Municipal Code.
• Multiple Species Habitat Conservation Plan Mitigation (MSHCP) Fee. The applicant shall pay any owed MSHCP fees by the required deadline pursuant to Chapter 3.80 of the Municipal Code.
• Transportation Uniform Mitigation Fee (TUMF) Program. The applicant shall show proof of payment of TUMF fees by the required deadline pursuant to Chapter 3.70 of the Municipal Code.

29. CONSTRUCTION PHASING. Prior to issuance of the first Certificate of Occupancy for a building within the Light Industrial Planning Areas 12 or 13 (whichever comes first), substantial construction on a minimum of 170 residential units located in one or more of the Rio Vista Specific Plan residential Planning Areas 1 – 9. Substantial construction means the foundation for all buildings have been completed and the vertical construction of buildings have commenced. The Community Development Director shall make the final determination of substantial construction.

30. PHASING OF TRACT. Any subsequent approval of phases or units is at the discretion of the City and if approved, may include additional conditions of approval. Each phase shall provide adequate amenities, parking, circulation, and infrastructure, and subject to the Community Development Director approval.

31. PALMER OAK PRESERVATION PLAN. Prior to the issuance of a grading permit for an industrial building in Planning Area 13, a Palmer Oak Preservation Plan shall be prepared that will include the following the following topics and reviewed and approved by the Community Development Director.

A. Pre-Construction Assessment Survey:

I. The Conservation Entity shall review the grading plan to confirm the closest building and construction is consistent with buffering requirements and submit to the City confirmation of acceptance of the plan.

II. The Conservation Entity shall visually assess the health of the Palmer Oak tree to determine its condition prior to grading.

B. Buffer Zone for Construction Avoidance:

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I. The grading contractor shall install orange construction fencing (or similar) with signage denoting sensitive areas to keep heavy construction activities out of the buffer.

II. The orange construction fencing excluding heavy equipment shall be maintained during construction activities within adjacent Planning Areas (PAs 11, 13 and 15).

C. Worker Environmental Awareness Program (WEAP)
I. Prior to grading commencing, the grading contractor and other construction workers who will be working near the Palmers Oak shall complete a WEAP for onsite construction workers to educate them about the sensitive nature of the Palmer Oak and all of the mitigation and conditions of approval requirements in place for the purpose of protecting the oak tree.

II. The general contractor shall hold copies of WEAP completion logs, confirming the appropriate construction workers have completed the WEAP.

D. Monitoring During Construction:

I. The Conservation Entity shall visually assess the tree during bi-monthly (or as determined by the Conservation Entity) site visits during construction activities within adjacent Planning Areas (PAs 11, 13 and 15) to confirm no visually apparent health changes.

II. The applicant shall adjust the plan as needed based on any changes or unforeseen issues pursuant to feedback from the Conservation Entity.

E. Post-Construction Assessment Survey:

I. After construction is complete, the Conservation Entity shall visually assess the palmer oak’s health again to confirm no apparent changes.

II. The Conservation Entity shall look for signs of stress, damage, or decline caused by construction activities.

III. The Conservation Entity shall implement any necessary remedial actions to support the tree’s recovery.

32. PALMER OAK BUFFER. A minimum 450-foot natural open space buffer from the outer extent of the Palmer Oak shall be provided. No project-related activities, including but not limited to construction, grading, and staging, will be allowed. Fuel modification is allowed within the buffer subject to Riverside County Fire and Community Development Review, as well as clean up and restoration of habitats. A minimum of a 550-foot buffer from the outermost extension of the Palmer Oak and any building is required. Prior to the issuance of a grading permit for Planning Areas (PAs) 13 and 15, a plan demonstrating compliance with this condition and the Specific Plan shall be submitted to and approved by the Community Development Director.

33. Business Park and Light Industrial Planning Areas: Prior to the issuance of a certificate of occupancy for all future development in PAs 12, 13, 14, 15, and 16, all standby emergency generators shall be powered by non-diesel fuel. All facility operators shall train managers and employees on efficient scheduling and load management to eliminate unnecessary truck queuing and idling.

ENGINEERING DEPARTMENT

1. GENERAL REQUIREMENTS (ENGINEERING)
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1.1. The use hereby conditioned is for Tentative Tract Map No. 38639 (“TTM38639”) for finance and conveyance purposes and Tentative Tract Map No. 37074 (“TTM37074”); both being a subdivision of:

Portions of Sections 3 and 4, Township 2 South, Range 5 West, San Bernardino Meridian, as shown by Sectionized survey of the Jurupa Ranch, in the County of Riverside, State of California, recorded in Book 9, Page 33 of Maps, records of San Bernadino County, California.

Exhibit titled Tentative Tract Map No. 38639 and Tentative Tract Map No. 37074 and prepared by Hunsaker and Associates, both dated July 31, 2023, are hereby referenced.

1.2. The Tract Map preparation shall comply with the State of California Subdivision Map Act, the City of Jurupa Valley Municipal Code, the provisions of the Development Agreement No. 16001 (“DA16001”) and Rio Vista Specific Plan (“SP16001”), unless otherwise modified by the conditions listed herein.

1.3. It is expected that the tentative map exhibits are all inclusive of a parcel or parcels of land legally subdivided in compliance with the Subdivision Map Act and local ordinance.

1.4. It is expected that any easements shown on the referenced exhibits are shown correctly and include all the easements that encumber the subject property. The Applicant shall secure approval from all (if any) easement holders for all grading and improvements which are proposed over the respective easement or provide evidence that the easement has been relocated, quitclaimed, vacated, abandoned, easement holder cannot be found, or is otherwise of no affect. Should such approvals or alternate action regarding the easements not be provided, the Applicant may be required to amend or revise the permit.

1.5. Prior to any work in the public right-of-way, the Applicant shall obtain an encroachment permit from the City of Jurupa Valley.

1.6. A Rio Vista Specific Plan Traffic Impact Analysis, dated January 10, 2024, was prepared by EPD Solutions, Inc. and is hereby referenced for preliminary planning purposes only. The City of Jurupa Valley reserves the right to require additional analysis, at the discretion of the City Engineer, and may determine appropriate improvements for intersections and roadway segments where “No Feasible Mitigations” is cited.

1.7. Individual development permits processed in the future within the Specific Plan area shall pay its portion of the fair share of the cost of the offsite improvements. Fair-share contributions will be determined on a building-by-building basis as a share of the impact of the Project as a whole as determined and will be due prior to the issuance of the first certificate of occupancy. Project Applicant responsible for constructing offsite improvements shall enter into a reimbursement agreement with the City.

1.8. A Rio Vista Specific Plan Amendment Vehicle Miles Travelled (VMT) Analysis, dated May 31, 2023, was prepared by Urban Crossroads, and is hereby referenced. To mitigate the project’s VMT impacts, the Applicant shall be responsible for the implementation of the following mitigation measures:

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1.8.1. Construct 12.5 miles of sidewalk within the project’s study area and connect to adjacent network.

1.8.2. Construct 1.08 miles of bike trails and equestrian trails. Bicycle facilities shall be either Class I, II, or IV.

1.8.3. Coordinate with Jurupa Unified School District (JUSD) to implement a school carpool program, if a school is constructed by JUSD.

1.8.4. Provide four bus shelters subject to the approval of Riverside Transit Agency.

1.8.5. Install signal interconnect along 20th Street between Sierra Avenue and Rubidoux Boulevard, and if deemed infeasible, shall pay cash in-lieu to install equivalent length of signal interconnect within the City, at discretion of the City Engineer.

1.9. An encroachment permit shall be required for any construction related activities occurring within Riverside County Flood Control and Water Conservation District (“RCFC&WCD”) right-of-way or involving RCFC&WCD facilities, namely Paramount Estates Master drainage Plan Line A and A2. If a proposed storm drain connection exceeds the hydraulic performance of the existing drainage facilities, mitigation will be required. The encroachment permit application shall be processed after the improvement plan approval.

1.10. All flood control and drainage facilities shall be designed and constructed to RCFC&WCD engineering and maintenance standards. The Applicant shall consult with RCFC&WCD early in the design process regarding materials, hydraulic design, regulatory permitting, and transfer of right-of-way.

1.11. An encroachment permit shall be required for any work within Rubidoux Community Service District (“RCSD”) right-of-way or involving RCSD facilities. The encroachment permit application shall be processed after the improvement plan approval.

1.12. All onsite and offsite water (for potable, recycled water and fire protection purposes) and sanitary sewer facilities shall be designed and constructed in accordance with RCSD Master plans, ordinances, resolutions, and/or latest RCSD standards specifications to the satisfaction of RCSD. The Applicant shall consult with RCSD regarding materials, design, regulatory permitting, and transfer of right-of-way and shall comply with the conditions identified in RCSD’s letter dated June 6, 2024. These improvements are as follows:

1.12.1. Future reservoir serving Pressure Zone 1066, identified as the 20th Street Water Storage Reservoir in RCSD’s 2022 Water Master Plan, shall be constructed by the Applicant and funded by RCSD. This reservoir is to be located on property procured by the Developer and deeded to the District when Constructed. It shall have a storage capacity of 3.65 million gallons. The District will reimburse the Developer under the terms of a future Reimbursement Agreement by crediting to the Developer Water Capacity Fees up to and including the cost of the Reservoir Construction indicated in the 2022 Water Master Plan and 2024 Addendum which is expected to be adopted by the District in the Fall of 2024.

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1.12.2. The 1360’ Pressure Zone Water Storage Reservoir shall have a minimum storage capacity of 1.9 million gallons and is necessary to serve water for the lower elevations of the Development. This is a Developer Funded asset which will be contributed and deeded to the District after it is constructed.

1.12.3. The 1440 Pressure Zone Water Storage Reservoir shall have a minimum storage capacity of 0.3 million gallons and is necessary to serve water at the higher elevations of the Development. This is a Developer Funded asset which will be contributed and deeded to the District after it is constructed.

1.12.4. The 1360’ Booster Pump Station which is necessary to pump water from the existing 1066’ Pressure Zone to the 1360’ Pressure Zone. This pump station will be located near the 20th Street Water Storage Reservoir on land procured by the Developer and shall have the capacity to move 1,060 gallons per minute. This is a Developer Funded asset which will be contributed and deeded to the District after it is constructed.

1.12.5. The 1440’ Booster Pump Station which is necessary to pump water from the 1360’ Pressure Zone to the 1440’ Pressure Zone. This pump station will be located near the 1360’ Pressure Zone Water Storage Reservoir and shall have the capacity to move 140 gallons per minute. This is a Developer Funded asset which will be contributed and deeded to the District after it is constructed.

1.12.6. The 1360’ Redundant Booster Pump Station which is necessary to provide emergency and redundant pumping capability from the 1060’ Pressure Zone to the 1360’ Pressure Zone. It shall be located north of the 60 Freeway near the intersection of Avalon and Le Rue and shall have the capacity to move 350 gallons per minute. This is a Developer Funded asset which will be contributed and deed to the District after it is constructed.

1.12.7. The Wilson Street Intertie with the West Valley Water District. The Rubidoux Community Services District is entering into a separate agreement with the City of Riverside to address the TDS levels in the District’s Wastewater discharged to the City of Riverside Wastewater Treatment Plant which will require the construction of the Wilson Street Intertie when a total of 750 new Equivelent Dwelling Units (“EDU’s” which is defined as the equivalent of one ¾” water meter) are constructed District Wide. This is a District Funded Project that the District the Developer must construct when the 750th EDU is connected to the District’s water transmission and distribution system. The District will reimburse the developer under the terms of a future Reimbursement Agreement by crediting the Developer Water Capacity Fees up to and including the cost of the Intertie indicated in the 2022 Water Master Plan and the 2024 Addendum which is expected to be adopted by the District in the Fall of 2024.

1.12.8. The Upgrading of the existing 8” Diameter District Sewer located in Pacific Avenue from Humble Street south of the 60 Freeway continuing along Mission Boulevard from the intersection of Pacific Avenue and Mission Boulevard to Avalon Street to a 15” Diameter Sewer. This is due to the expected increase in peak flow in this sewer due to the Rio Vista Development and other proposed developments in the area and must be in place and useable before the first sewer connection from the Rio Vista Development discharging to this sewer. Sewer discharges flowing down 20th street do not contribute to flows in this reach of sewer and therefor will not trigger its construction. This is a District Funded Sewer replacement, and the District will reimburse the MA16045 RIO VISTA SPECIFIC PLAN REVISED: 08/05/2024
RESOLUTION NO. CC-2024-XX

Developer under the terms of a future Reimbursement Agreement by crediting to the Developer Sewer Capacity Fees up to and including the cost of the Sewer Replacement indicated in the 2022 Wastewater Master Plan and 2024 Addendum which is expected to be adopted by the District in the Fall of 2024.

1.13. All required mitigations measures shall be satisfied in accordance with the Environmental Mitigation & Monitoring Reporting Program, as applicable.

2. PRIOR TO TRACT MAP No. 38639 RECORDATION (ENGINEERING)

2.1. Tentative Tract Map No. 38639 is a 27-lot subdivision of 907.28 acres and is for finance and land conveyance purposes only. No applications for building or grading permits shall be accepted for the parcel or parcels created by this final map until a future application for development under the Specific Plan has been approved by the City.

2.2. The approval of the tentative and final map does not remove any development requirements set forth with the approval of the Tentative Tract Map No. 37074, the Development Agreement, and the Specific Plan, which must be satisfied with continued development of the land.

2.3. Tract Map No. 38639 (for finance and conveyance purposes) shall not be recorded until all other related Planning cases are approved, unless otherwise approved by the City Engineer.

2.4. After approval of the Tentative Tract Map No. 38639 (for finance and conveyance purposes) and prior to the expiration of said map, the Applicant shall cause the real property included within the tentative map exhibit, or any part thereof, to be surveyed; and Final Tract Map No. 38639 (for finance and conveyance purposes) thereof shall be prepared in accordance to the City Engineer’s requirements, conditions of tentative map approval, in accordance with the provisions of the City of Jurupa Valley Municipal Code Chapter 7.20, and the Subdivision Map Act. All processing shall be through the City of Jurupa Valley.

2.5. Easements for necessary public streets, access, and public utilities shall be dedicated and shown on the final map in accordance with Title 7 of the Municipal Code, Tentative Tract Map No. 38639, and these conditions of approval. It is understood that the tentative map exhibit correctly shows acceptable centerline elevations, all existing easements, traveled ways, and drainage courses, and that the omission or unacceptability may require that the Applicant amend or revise the tentative map as may be necessary to allow a finding on the final map of substantial conformance.

Securities for Tract Map No. 38639 shall only be limited to survey monuments.

2.6. Each parcel of land shall have access from a public road and access easements shall be dedicated on the final map.

2.7. Prior to map approval, all street dedications shall be irrevocably offered to the public and shall continue in force until the City accepts or abandons such offers, unless otherwise approved by the City Engineer. All dedications shall be free of all encumbrances as approved by the City Engineer.

2.8. 20th Street is identified as a Modified Secondary Highway in the Specific Plan with an ultimate right-of-way of 130-feet between the westerly subdivision boundary and MA16045 RIO VISTA SPECIFIC PLAN REVISED: 08/05/2024
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Planning Area 16’s access point, as identified in the Specific Plan, and shall be dedicated on the final map.

2.9. 20th Street is identified as a Modified Secondary Highway in the Specific Plan with an ultimate right-of-way of 100-feet between Planning Area 16’s access point, as identified in the Specific Plan, and approximately 750-feet west of the easterly subdivision boundary and shall be dedicated on the final map.

2.10. 20th Street is identified as a Modified Secondary Highway in the Specific Plan with a varying ultimate right-of-way of 100-feet to 106.3-feet between approximately 750-feet west of the easterly subdivision boundary and the easterly subdivision boundary and shall be dedicated on the final map.

2.11. An access easement for emergency and flood control maintenance purposes over Lot 1 and Lot 27 shall be dedicated on the final map.

2.12. An access easement for emergency purposes over Lot 10, 15, and Lot 24 shall be dedicated on the final map.

2.13. The engineer or surveyor shall set sufficient durable monuments at the time of making the survey for a final map to conform to Section 7.20.100 of the City’s Municipal Code.

The Applicant may execute a secured agreement or cash bond guaranteeing the setting of the monuments upon approval by the City Engineer.

3. PRIOR TO GRADING PERMIT (ENGINEERING)

3.1. In compliance with Jurupa Valley Municipal Code, Chapter 8.70, no grading permit shall be issued until both Tentative Tract Maps (TTMs) and all other pertinent Planning permits are approved and are in effect.

3.2. A grading permit shall be required. All grading shall conform to the California Building Code, as adopted by the City of Jurupa Valley, the City’s Municipal Code Title 8, Riverside County Ordinance 787 Section 7701, the Specific Plan, and all other relevant laws, rules, and regulations governing grading in the City of Jurupa Valley and State of California. Grading shall be performed in accordance with the recommendations of the approved project specific geotechnical report and grading plan.

3.3. The site is partially within RCFC&WCD Paramount Estates Master Drainage Plan (“MDP”) and Rubidoux Master Drainage Plan. In existing conditions, the stormwater runoff tributary to the site and generated onsite is collected by the existing RCFC&WCD’s Sunnyslope Channel and Belltown Market Storm Drain. The project is proposing to extend a storm drain line along 20th Street between the project limits to Avalon Street to the existing Line B of the Belltown Market Storm Drain and shall size all downstream storm drain lines to capture onsite flows originated in the easterly portion of TTM37074 and existing offsite flows tributary to the RCFC&WCD facility. The easterly drainage is divided into four (4) drainage areas. The northern drainage area will convey both onsite and offsite mitigated flows towards Armstrong Road through Planning Area 7, as identified in the Specific Plan. The remaining drainage areas within the westerly portion of TTM37074 will convey onsite flows to existing storm drain lines constructed by Tract Map No. 31894 and within the Paramount Estates MDP.

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3.4. The 10-year storm flow shall be contained within the curb and the 100-year storm flow shall be contained within the street right-of-way. When either of these criteria are exceeded, additional drainage facilities shall be installed.

3.5. An emergency escape path shall be provided for the stormwater runoff at all inlets for the proposed drainage and flood control facilities in the event that the inlets become blocked with debris. To prevent flood damage to the proposed structures, all proposed structures in the vicinity of the inlets and along the emergency escape path shall be protected from flooding by properly elevating the finished floor in relation to the inlets and flow paths.

3.6. The Applicant shall submit a mass grading plan in conformance with the Specific Plan for review and approval of the City Engineer. Securities, in the form of a cash deposit (preferable), bond, or letter of credit shall be submitted as a guarantee of the completion of the grading operations for the project and the implementation and maintenance of erosion control measures.

3.6.1. The grading plan shall be prepared under the supervision of a civil engineer licensed in the state of California (Project Civil Engineer) and he/she must sign the plan. The printed name and contact information of the Project Civil Engineer shall be included on the face of the grading plan.

3.6.2. The grading plan shall provide for acceptance and proper disposal of all offsite drainage flowing onto or through the site. Should the quantities of flow exceed the capacity of the conveyance facility, the Applicant shall provide adequate drainage facilities and/or appropriate easement(s), if necessary, as approved by the City Engineer.

3.6.3. The grading plan shall provide for protection of downstream properties from damages caused by alteration of the drainage patterns, i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement(s), if necessary, as approved by the City Engineer.

3.6.4. Temporary erosion control measures shall be implemented immediately following rough grading to prevent transport and deposition of earthen materials onto downstream/downwind properties, public rights-of-way, or other drainage facilities. Erosion Control Plans showing these measures shall be submitted along with the grading plan for approval by the City Engineer.

3.6.5. Permanent erosion control measures such as the proposed debris basins shall be designed and constructed per Riverside County Santa Ana Water Shed Region Design Handbook for LID BMPs.

3.6.6. Applicant shall provide written proof and authorization from easement holders (if any) for work proposed over easements.

3.7. If grading is required offsite, the Applicant shall obtain a written notarized letter of authorization from the property owner(s) to grade as necessary and provide a copy to the Engineering Department. It shall be the sole responsibility of the Applicant to obtain MA16045 RIO VISTA SPECIFIC PLAN REVISED: 08/05/2024
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any and all proposed or required easements and/or authorizations necessary to perform the grading shown on the site plan and grading exhibits.

3.8. Drainage easements shall be obtained from any affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to City and RCFC&WCD, as applicable, for review and approval.

3.9. Lots which propose retaining walls and/or free-standing walls will require separate permits.

3.10. A hauling permit shall be required where an excess of five hundred (500) cubic yards of earth material for a project site is transported over public roadways to or from the project site. The import/export location and the haul route shall be reviewed and approved by the Engineering Department. If the import/export location is outside of City limits, the Applicant shall provide evidence that the jurisdictional agency has provided all necessary approvals for import/export to/from the site.

3.11. Prior to approval of the grading plan, the Applicant shall prepare a project-specific geotechnical report for review and approval of the City Engineer for TTM37074.The report shall be prepared in accordance with the Riverside County guidelines and include the following:

3.11.1. Pavement design recommendations for 20th Street and internal streets;

3.11.2. Appropriate geologic cross sections, appropriate slope stability analyses, wedge-failure analyses, and liquefaction analyses and recommendations;

3.11.3. Settlement analyses and recommendations for a settlement monitoring program;

3.11.4. Detailed description of the planned grading and construction including maximum depth of proposed cut and fill, a summary of the proposed cut and fill slopes and their maximum heights, and site-specific remedial grading recommendations;

3.11.5. Mapping of previous landslides, through-going outcrops or dikes, and rock fall hazards and recommendations;

3.11.6. Recommendations for fill placement of oversized rock fragments greater than 12 inches in diameter.

3.12. Prior to the approval of the grading plan, the Applicant shall provide documentation of Riverside County approval for blasting operations. Blasting shall be planned in accordance with federal and state regulations and Riverside County Ordinance 787, Section 7701 requirements.

3.13. Prior to approval of the grading plan, a final hydrology and hydraulics report (F-HHR) for the entire subdivision area shall be submitted for review and approval of the City Engineer and RCFC&WCD. Hydraulic calculations are required for all drainage control devices, basins, and storm drain lines.

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RESOLUTION NO. CC-2024-XX

3.13.1. The Developer shall comply with the requirements of the City Engineer based on recommendations of the RCFC&WCD regarding the connections and/or extensions of County Master Plan Facilities.

3.13.2. Post-development storm runoff shall be kept less than or equal to Predevelopment storm runoff for the 2-yr, 5-yr, 10-yr and 100-yr storm events and the 1-hr, 3-hr, 6-hr and 24-hr durations, unless approved otherwise by the City Engineer.

3.14. Prior to the approval of the grading plan, a Final Water Quality Management Plan (FWQMP) shall be submitted in conformance with the requirements of RCFC&WCD for the Santa Ana River Watershed for review and approval of the City Engineer.

3.14.1. It is expected that the conceptual grading and the provisions for water quality management shown on the tentative map exhibit can comply with all requirements for a Final Water Quality Management Plan (F-WQMP) without substantial change.

3.14.2. Any onsite and offsite BMPs shall be designed and sized per the findings of the F-WQMP and F-HHR. Bioretention and biotreatment basins shall be sized to account for the water quality and mitigation volumes. Any changes to the proposed BMP sizing, design, and type; and impacts to the referenced exhibit(s), may require additional approvals.

3.14.3. Basins and the maintenance access roads for the basins shall comply with Appendix C: Basin Guidelines of the Riverside County Santa Ana Water Shed Region Design Handbook for LID BMPs.

3.14.4. The Applicant shall enter into a Water Quality Management Plan and Stormwater BMP Operation and Maintenance Agreement with the City. The agreement shall be recorded, and a certified copy shall be provided to the City Engineer.

3.14.5. Bioretention and biotreatment basins shall be maintained by the City of Jurupa Valley. The detention basin, identified as Basin J in the Specific Plan, shall be maintained by RCFC&WCD. The construction of all necessary improvements along with easements and/or permission from affected property owners to discharge concentrated or diverted tributary flows shall be required prior to the transfer of ownership and maintenance. In the interim, basins shall be maintained by the property owner(s).

3.15. Any required post-construction water quality surface features and facilities such as basins and bio-swales shall be designed and installed per approved project specific WQMP and approved by the Engineering Inspector.

3.16. All improvements plans required for this project and contained herein shall be submitted and substantially complete to the satisfaction of the City Engineer.

3.17. For disturbance of one or more acres, the Applicant shall provide evidence that it has prepared and submitted to the SWRCB a Storm Water Pollution Prevention Plan MA16045 RIO VISTA SPECIFIC PLAN REVISED: 08/05/2024
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(SWPPP). The SWRCB issued WDID number shall be included on the face of the grading plan.

3.18. Access to Lot 27 from 20th Street shall be graded to be accessible by vehicle.

4. PRIOR TO TRACT MAP No. 37074 RECORDATION (ENGINEERING)

4.1. Tentative Tract Map No. 37074 is a 425-lot subdivision within Planning Area 4, 5, 6, and 20 of the Specific Plan. Tract Map No. 37074 is within the first phase of the four identified in the Specific Plan. No applications for building shall be accepted for the parcel or parcels created by this final map until a future site development permit application has been approved by the City.

4.2. Tract Map No. 37074 shall not be recorded until planning cases related to Condition of Approval No. 1 are approved, unless otherwise approved by the City Engineer.

4.3. After approval of the Tentative Tract Map No. 37074 and prior to the expiration of said map, the Applicant shall cause the real property included within the tentative map exhibit, or any part thereof, to be surveyed; and Final Tract Map No. 37074 thereof shall be prepared in accordance to the City Engineer’s requirements, conditions of tentative map approval, the Specific Plan, and in accordance with the provisions of the Development Agreement, City of Jurupa Valley Municipal Code Chapter 7.20, and the Subdivision Map Act. All processing shall be through the City of Jurupa Valley.

4.4. Any subsequent approval of phases or units is at the discretion of the City and if approved, may include additional conditions of approval. The City Engineer may require the dedication and construction of necessary utility, street or other improvements beyond the project boundary, if the improvements are needed for circulation, parking, access, or for the welfare or safety of the public.

4.5. Prior to final map approval for a phase, tract, or approved use area, the Developer shall obtain City Engineer approval of all necessary backbone infrastructure plans including streets, storm drain, sewer, water, reclaimed water, electrical, traffic signal, and traffic signal interconnect required to serve that phase, tract or approved use area.

4.6. A copy of the Covenants, Conditions and Restrictions (CC&R's) for the applicable tract shall be submitted for review and approved by the City Engineer. The CC&R's shall include, but not be limited to, access easements, reciprocal access, private and/or public utility easements as may be relevant to the project.

4.7. The developer shall enter into a Cooperative Agreement with the City and Riverside County Flood Control and Water Conservation District establishing the terms and conditions covering the inspection, operation and maintenance of Master Drainage Plan facilities required to be constructed as part of the project.

4.8. Easements for necessary streets, public utilities, and emergency access shall be dedicated and shown on the final map in accordance with Title 7 of the Municipal Code and these conditions of approval. It is understood that the tentative map exhibit correctly shows acceptable centerline elevations, all existing easements, traveled ways, and drainage courses, and that the omission or unacceptability may require that the MA16045 RIO VISTA SPECIFIC PLAN REVISED: 08/05/2024
RESOLUTION NO. CC-2024-XX

Applicant amend or revise the tentative map as may be necessary to allow a finding on the final map of substantial conformance.

4.9. After recordation and prior to building permit, a copy of the recorded map shall be submitted to the City.

4.10. Prior to map approval, all street dedications shall be irrevocably offered to the public and shall continue in force until the City accepts or abandons such offers, unless otherwise approved by the City Engineer. All dedications shall be free of all encumbrances as approved by the City Engineer and shall be shown on the Final Map in accordance with these conditions of approval and Title 7 of the Municipal Code.

4.11. Access rights shall be relinquished along both sides of 20th Street except at intersecting streets as shown on the tentative map and Specific Plan and along Lot 434 (future school site) and 435 (future school site). Abutter’s rights of access shall be dedicated on the final map.

4.12. Knuckles, cul-de-sacs, and corner cutbacks shall be dedicated per Riverside County Standards.

4.13. 20th Street is identified as a Modified Secondary Highway in the Specific Plan with an ultimate right-of-way of 130-feet between the westerly subdivision boundary and Planning Area 16’s access point, as identified in the Specific Plan, and shall be dedicated on the final map.

4.14. 20th Street is identified as a Modified Secondary Highway in the Specific Plan with an ultimate right-of-way of 100-feet between Planning Area 16’s access point, as identified in the Specific Plan, and approximately 750-feet west of the easterly subdivision boundary and shall be dedicated on the final map.

4.15. 20th Street is identified as a Modified Secondary Highway in the Specific Plan with a varying ultimate right-of-way of 100-feet to 106.3-feet between approximately 750-feet west of the easterly subdivision boundary and the easterly subdivision boundary and shall be dedicated on the final map.

4.16. Public streets identified as “A” Street and “B” Street on the tentative map exhibit are designated as Local Collectors in the Specific Plan and shall be dedicated to provide an ultimate right-of-way of 74-feet.

4.17. Public streets identified as “C” Street through “N” Street, except “M” Street, on the tentative map exhibit are designated as Local Roads in the Specific Plan and shall be dedicated to provide an ultimate right-of-way of 56-feet.

4.18. Public street identified as “M” Street on the tentative map exhibit is designated as a Modified Local Road in the Specific Plan and shall be dedicated to provide an ultimate right-of-way of 59-feet.

4.19. Public streets (not labeled) identified on the tentative map exhibit within Planning Areas 1, 2, 3, 8, and portions of 9 are designated as Local and Collector Roads in the Specific Plan and shall be dedicated to provide an ultimate right-of-way of 56-feet and 74-feet, respectively.

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4.20. Easements for public access and utility purposes shall be dedicated over proposed motor courts.

4.21. All public improvements shall be constructed in conformance with applicable City and County standards to the satisfaction of the City Engineer. In the event that improvements are not completed prior to the map approval, the Applicant shall guarantee the completion of all improvements required to support the development(s) within the boundaries of the final map by executing a Subdivision Improvement Agreement with the City and posting the required security. Provide a monument bond (i.e. cash deposit) in an amount determined by the City or as specified in writing by the Applicant’s Engineer or Surveyor of Record and approved by the City.

4.22. The Applicant shall submit improvement plans for all improvements associated with the phase and as required by the conditions herein including, but not limited to, street improvements, signing and striping, any traffic signal, signal interconnect, streetlights, landscape and irrigation system, BMP facilities, storm drain, water system, and sanitary sewer system. All plans shall be prepared in accordance with the Riverside County Transportation Department “Improvement Plan Check Policies and Guidelines” as adopted by the City Engineer. All improvements plans shall be processed through the City for approval of the City Engineer.

4.22.1. Separate street improvement plans shall be submitted for review and approval of the City Engineer. Street improvements shall include, but not limited to, pavement, base, curb and/or gutter, cross gutters, spandrel, sidewalks, driveway approaches, curb ramps, under sidewalk drains, medians, and pavement tapers/transitions as appropriate.

4.22.2. Signing and striping plans may be shown on the street improvement plans and shall be prepared to extend a minimum of 300 feet beyond the project limits or the limits of striping removal necessary to join existing, as approved by the City Engineer. The Applicant shall be responsible for any additional paving and or removal of existing striping.

4.22.3. Separate Interconnect plans shall be submitted, as applicable, per the latest Caltrans standards and City standards.

4.22.4. Separate streetlight plans shall be prepared in accordance with the City’s Municipal Code and Riverside County Ordinance 460. Streetlights shall be provided in all public streets within the project area in conformance with Riverside County Standard Plan No. 1000. Any pedestrian level lighting in the parkway shall be approved by the City Engineer and Planning Director.

4.22.5. Separate plans must be submitted for the water quality features and facilities improvements for the approval of the City Engineer. The water quality/retention BMPs shall be designed in accordance with applicable requirements of the RCFC&WCD and the City Engineer. Six-foot tubular steel or alternative fence approved by the City Engineer shall be required for any basin.

4.22.6. Separate plans for landscaping and irrigation within the public right-of-way and water quality BMPs shall be submitted for review and approval of the City MA16045 RIO VISTA SPECIFIC PLAN REVISED: 08/05/2024
RESOLUTION NO. CC-2024-XX

Engineer. Landscaping and irrigation shall be designed within a water quality basin that is compatible with the primary function of the BMP. The improvements shall comply with Riverside County Ordinance 461, as adopted by the City, “Comprehensive Landscaping Guidelines and Standards”, and Riverside County Ordinance 859, as adopted by the City. Adequate sight distance shall be provided per Riverside County Standard Plan No. 821.

4.22.7. Separate storm drain plans shall be submitted for review and approval of the City Engineer and RFC&WCD. Necessary easements for storm drain systems, as determined by RFC&WCD shall be shown on the final map “to be dedicated by separate instrument”. Flood control and drainage facilities shall be designed and constructed to RCFC&WCD engineering and maintenance standards including those pertaining to facility alignment and maintenance access to both, inlet and outlet, points.

4.22.8. Separate sanitary sewer and water system plans, including the Zone 1440, Zone 1360, and Zone 1066 reservoirs, pressure booster stations, and pressure reducing valve, and shall be submitted for review approval of the City Engineer and RCSD. Water improvement plans showing the location of fire hydrants shall be approved by the Fire Department. Necessary easements for sewer and water systems on-site, as determined by RCSD, shall be shown on the Final Tract Map “to be dedicated by separate instrument”.

4.22.9. Electrical power, telephone, communication, street lighting, and cable television lines shall be designed to be placed underground in accordance with City of Jurupa Valley Municipal Code Title 7. The Applicant is responsible for coordinating the work with the serving utility company and City of Jurupa Valley. A disposition note describing the above shall be reflected on design improvement plans whenever those plans are required. Written proof confirming initiation of the design and/or application or the relocation, issued by the utility company, shall be submitted to the Engineering Department for verification purposes.

4.23. Prior to the approval of improvement plans and issuance of an encroachment permit, a temporary traffic control plan shall be submitted for review and approval of the City Engineer.

4.24 In-Tract Improvements. Prior to the issuance of a grading permit, a public infrastructure phasing plan for the items 4.24 – 4.49 shall be prepared and submitted for review and approval of the City Engineer. The phasing plan shall include the planned public infrastructure improvements and the timing to complete each relative to the completion of the adjoining tract.

4.24. 20th Street (Between the Westerly Subdivision Boundary and Roundabout)

4.24.1. Two travel lanes within a 26-ft paved section in both directions.

4.24.2. 12-ft landscaped, raised median.

4.24.3. 48-ft parkway to include a 5-ft meandering sidewalk within a 21-ft landscaped area, a 4-ft landscaped buffer area between a 10-ft two-way Class I bikeway and a 10-ft decomposed granite trail, 3-rail fence, curb & gutter, pedestrian MA16045 RIO VISTA SPECIFIC PLAN REVISED: 08/05/2024
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lighting, and streetlights. Parkway shall be on the north side of the street for the first 1250-feet from the westerly subdivision boundary and then shift to the south side from said point to the roundabout.

4.24.4. 18-ft northerly parkway to include a 5-ft meandering sidewalk and landscaping, curb & gutter, and streetlights. Parkway shall be on the south side of the street for the first 1250-feet from the westerly subdivision boundary and then shift to the north side from said point to the roundabout.

4.24.5. No on-street parking shall be permitted.

4.24.6. Note that bikeway and trail shall be located on the northerly parkway, between the westerly subdivision boundary and Street “A”, as identified in the Specific Plan, and shall shift to the southerly parkway at the intersection of 20th Street and Street “A”.

4.24.7. Fiber interconnect shall be installed to the satisfaction of the City Engineer.

4.24.8. Full-width ultimate roadway improvements shall be completed prior to first occupancy of Phase 1, unless otherwise stated in the conditions herein.

4.24.9. No trucks shall be permitted west of the roundabout. Prior to the issuance of a Certificate of Occupancy for any residential unit or business park on a light industrial building, appropriate signage and striping shall be installed.

4.25. 20th Street (Between the Roundabout and Planning Area 16’s Access Point)

4.25.1. Two travel lanes within a 26-ft paved section in the both directions.

4.25.2. 12-ft painted median.

4.25.3. 48-ft southerly parkway to include a 5-ft meandering sidewalk within a 21-ft landscaped area, a 4-ft landscaped buffer area between a 10-ft two-way Class I bikeway and a 10-ft decomposed granite trail, 3-rail fence, curb & gutter, pedestrian lighting, and streetlights.

4.25.4. 18-ft northerly parkway to include a 5-ft meandering sidewalk and landscaping, curb & gutter, and streetlights.

4.25.5. No on-street parking shall be permitted.

4.25.6. Fiber interconnect shall be installed to the satisfaction of the City Engineer.

4.25.7. Curb-to-curb improvements shall be completed prior to first occupancy of Phase 1.

4.26. 20th Street (Between Planning Area 16’s Access Point and 750-ft West of the Eastern Subdivision Boundary)

4.26.1. Two travel lanes within a 26-ft paved section in both directions.

4.26.2. 12-ft landscaped, raised median.

MA16045 RIO VISTA SPECIFIC PLAN REVISED: 08/05/2024
RESOLUTION NO. CC-2024-XX

4.26.3. 18-ft northerly and southerly parkway to include a 5-ft meandering sidewalk and landscaping, curb & gutter, and streetlights.

4.26.4. No on-street parking shall be permitted.

4.26.5. Fiber interconnect shall be installed to the satisfaction of the City Engineer.

4.26.6. Curb-to-curb improvements shall be completed prior to first occupancy of Phase 1.

4.27. 20th Street (Between 750-ft West of the Eastern Subdivision Boundary and the Easterly Subdivision Boundary)

4.27.1. Two travel lanes within a 24-ft paved section in both directions.

4.27.2. Painted median (various width).

4.27.3. 18-ft northerly parkway to include a 5-ft meandering sidewalk and landscaping, curb & gutter, and streetlights.

4.27.4. Southerly parkway (various width) to include a 5-ft curb-adjacent sidewalk, landscaping of various width, curb & gutter, and streetlights.

4.27.5. No on-street parking shall be permitted.

4.27.6. Fiber interconnect shall be installed to the satisfaction of the City Engineer.

4.27.7. Curb-to-curb improvements shall be completed prior to first occupancy of Phase 1.

4.27.8. Applicant shall be responsible for the realignment of 20th Street and the vacation of public right-of-way, as shown on the TTM37074 exhibit.

4.28. 20th Street (Between the Easterly Subdivision Boundary to Rubidoux Boulevard)

4.28.1. Full width pavement rehabilitation or reconstruction as determined by the City Engineer.

4.29. “A” Street and “B” Street (as identified on the TTM37074 exhibit)

4.29.1. 44-ft paved section

4.29.2. 15-ft parkways to include a 5-ft curb-separated sidewalk, curb & gutter, and streetlights.

4.30. Internal public roads to the subdivision, identified as “C” Street through “N” Street, except “M” Street, on the TTM37074 exhibit, shall be improved to full width in accordance with Riverside County Standard No. 105 and as shown on the referenced exhibit.

4.30.1. 10-ft parkways to include a 5-ft curb-separated sidewalk, curb & gutter, and streetlights.

MA16045 RIO VISTA SPECIFIC PLAN REVISED: 08/05/2024
RESOLUTION NO. CC-2024-XX

4.31. Internal public road to the subdivision, identified as “M” Street on the TTM37074 exhibit, shall be improved to full width in accordance with a modified Riverside County Standard No. 105 and as shown on the referenced exhibit.

4.31.1. 39-ft paved section

4.31.2. 10-ft parkways to include a 5-ft curb-separated sidewalk, curb & gutter, and streetlights.

4.32. Proposed knuckles shall be per Riverside County Standard No. 800.

4.33. Meandering sidewalk shall be located 3-ft (minimum) from flow line and 2-ft (minimum) from right-of-way in conformance with riverside County Standard Plan No. 404.

4.34. Intersection of “M” Street (NS) and 20th Street (EW)

4.34.1. Applicant shall be responsible for the design and construction of a threelegged, two-lane roundabout. Design shall be consistent with the Federal Highway Administration (FHWA) guidelines and Riverside County Fire Department guidelines. Any modifications to the existing infrastructure including relocation of utilities and appurtenances to construct the approved design will be the sole responsibility of the Applicant.

4.34.2. Central island shall be landscaped.

4.35. Intersection of “A” Street (NS), identified in TTM37074, and 20th Street (EW)

4.35.1. Intersection shall be a four-legged intersection and shall be a signalized intersection.

4.35.2. Configure lanes to provide:
• Northbound: One shared left-turn, right-turn, and through lane. • Southbound: One shared left-turn, right-turn, and through lane. • Eastbound: One left-turn lane, one through lane and one shared through/right-turn lane.
• Westbound: One left-turn lane, one through lane and one shared through/right-turn lane.

4.35.3. Median shall be designed to provide adequate storage for eastbound and westbound left-turns onto “A” Street.

4.35.4. Property line, corner cut-back, and curb return radius shall be per Riverside County Standard No. 805.

4.36. Intersection of “A” Street (NS), identified in the Specific Plan, and 20th Street (EW)

4.36.1. Intersection shall be a three-legged intersection.

MA16045 RIO VISTA SPECIFIC PLAN REVISED: 08/05/2024
RESOLUTION NO. CC-2024-XX

4.36.2. Applicant shall provide a pedestrian/trail crossing on 20th Street and install any necessary traffic calming devices to the satisfaction of the City Engineer and in conformance with the latest city and state standards.

4.36.3. Median shall be designed to provide adequate storage for eastbound left-turns onto “A” Street.

4.36.4. Property line, corner cut-back, and curb return radius shall be per Riverside County Standard No. 805.

4.37. Intersection of “B” Street (NS), identified in TTM37074, and 20th Street (EW)

4.37.1. Intersection shall be a three-legged intersection and shall be a signalized intersection.

4.37.2. Median shall be designed to provide adequate storage for eastbound left-turns onto “B” Street.

4.37.3. Property line, corner cut-back, and curb return radius shall be per Riverside County Standard No. 805.

4.38. Intersection of Planning Area 12 and 14 Driveway (NS) and 20th Street (EW)

4.38.1. Intersection shall be a four-legged intersection and shall be a signalized intersection.

4.38.2. Property line, corner cut-back, and curb return radius shall be per Riverside County Standard No. 805.

4.39. Intersection of Planning Area 12 and 13 Shared Driveway (NS) and 20th Street (EW)

4.39.1. Intersection shall be a three-legged intersection.

4.39.2. Property line, corner cut-back, and curb return radius shall be per Riverside County Standard No. 805.

4.40. Intersection of Planning Area 16 Driveway (NS) and 20th Street (EW)

4.40.1. Intersection shall be a three-legged intersection.

4.40.2. Property line, corner cut-back, and curb return radius shall be per Riverside County Standard No. 805.

Other Improvements

4.41. Emergency vehicle access roads shall be constructed per Fire Department’s requirements.

4.42. Installation of trash full capture systems, certified by the State Water Resources Control Board (SWRCB), will be required at all new and existing catch basins within the project site to the satisfaction of the City Engineer.

MA16045 RIO VISTA SPECIFIC PLAN REVISED: 08/05/2024
RESOLUTION NO. CC-2024-XX

4.43. The construction of ADA compliant depressed curbs and access ramps shall be required at all new intersections.

4.44. Improvements shall provide appropriate transition to adjacent existing and future infrastructure; design of transition shall be reviewed and approved by the City Engineer.

4.45. Any damages caused by the construction of improvements shall be replaced or repaired in kind to the satisfaction of the City Engineer.

L&LMD, CFD, and Special Districts

4.46. Prior to final map recordation, Applicant shall annex into a community facilities district for entire Specific Plan boundary to provide the operation and maintenance of traffic signals, open space, landscaping and irrigation systems, BMPs features and facilities, trails, lighting, entry monuments, graffiti abatement and other improvements in the public right-of-way, as approved by the City Engineer. The annexation to the CFD shall be in a manner to be approved by the City Engineer and City Attorney.

4.47. Prior to final map recordation, Applicant shall annex into a community service district for public safety services. The agreement to annex to a CFD for Public Safety Services shall be in a manner to be approved by the City Engineer and City Attorney.

Participation in a CFD is intended to fully mitigate the incremental impact of new development on City public safety costs and maintain such levels of service at the standards established in the City’s General Plan.

4.48. The project shall annex into the RCSD’s service area for water, wastewater, and fire protection services or sign an irrevocable agreement to annex in order to receive water, wastewater, and fire protection services for any area outside the RCSD service area.

The Applicant shall process any annexation proceedings to remove any land from other purveyors’ districts for water, wastewater, and fire protection services, as necessary.

Annexation shall comply with conditions provided in the letter from Riverside County Fire Department, dated March 5, 2021.

4.49. Should this project be within any assessment/benefit district, the Applicant shall make application for and pay any reapportionment of the assessments or pay the unit fees in the assessment/benefit district.

Utilities

4.50. Electrical power, telephone, communication, street lighting, and cable television lines shall be designed to be placed underground, with the exception of electrical distribution lines over thirty-four thousand five hundred (34,500) volts, in accordance with City of Jurupa Valley Municipal Code Title 7. The Applicant is responsible for coordinating the work with the serving utility company. A disposition note describing the above shall be reflected on design improvement plans whenever those plans are required. Written proof confirming initiation of the design and/or application or the relocation, issued by the utility company, shall be submitted to the Engineering Department for verification purposes.

5. PRIOR TO ISSUANCE OF BUILDING PERMIT (ENGINEERING)
MA16045 RIO VISTA SPECIFIC PLAN REVISED: 08/05/2024
RESOLUTION NO. CC-2024-XX

5.1. All grading and construction of infrastructure improvements within the public and private right-of-way in accordance with the approved plans, the City of Jurupa Valley Municipal Code Chapter 8.70, and all other applicable requirements, shall be completed to the satisfaction of the City Engineer.

5.2. The Project geotechnical/soils engineer shall provide a Final Grading Certification, certifying to the completion of the grading in conformance with the approved grading plans, the recommendation of the Geotechnical/Soils report approved for this project and the California Building Code.

5.3. A licensed land surveyor or civil engineer shall certify to the completion of grading in conformance with the lines and grades shown on the approved grading plans.

5.4. The Project Civil Engineer shall provide Record ("As-built") Drawings of grading and all infrastructure improvements.

5.5. The Applicant shall submit cost estimates for intersection improvements for the applicable phase as identified in Table 37 of the TIA and the intersection and roadway segment improvements as identified in Table 38 of the TIA for review and approval of the City Engineer.

5.6. The Applicant is responsible for completing construction of all post-construction water quality Best Management Practices (BMPs) facilities and features.

5.7. Utility extensions from the mainline or other points of connection within the public rightof-way require that the Applicant obtain an Encroachment Permit from the Engineering Department. The City shall make a final inspection of work to verify that any impacts that the work might have had to other City owned infrastructure is restored or repaired to the satisfaction of the City Engineer.

6. PRIOR TO BUILDING PERMIT FINAL INSPECTION/ CERTIFICATE OF OCCUPANCY (ENGINEERING)

6.1. Prior to the first certificate of occupancy, all improvement shall be completed and accepted by the City, unless otherwise stated in the conditions herein.

6.2. Prior to the occupancy of any residential units greater than 80% of the units within this subdivision, landscape and irrigation improvements including trails within public streets shall be completed to the satisfaction of the City Engineer.

6.3. Prior to the first certificate of occupancy, the Applicant shall ensure that all streetlights within the public right of way and associated with the individual development are energized.

6.4. Prior to the first certificate of occupancy, the Applicant shall obtain acceptance of applicable water and sewer improvements by RCSD. Written proof shall be provided to the Engineering Department.

6.5. Prior to the first certificate of occupancy, the Applicant shall obtain acceptance of applicable improvements by RCFC&WCD. Written proof shall be provided to the Engineering Department.

MA16045 RIO VISTA SPECIFIC PLAN REVISED: 08/05/2024
RESOLUTION NO. CC-2024-XX

6.6. Prior to the first certificate of occupancy, the Applicant shall implement the mitigation measures to address the project’s VMT impact to the satisfaction of the City Engineer.

6.7. The Applicant shall pay the fair share contributions as determined in Condition of Approval No. 5.5 to the satisfaction of the City Engineer.

6.8. The Applicant shall comply with the provisions of Riverside County Ordinance No. 659 (Development Impact Fees, DIF), as adopted by the City, or later ordinance adopted by the City, which requires the payment of the appropriate fee set forth in the Ordinance in accordance with the fee schedule in effect at the time of the final inspection.

6.9. The Applicant shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of the final inspection.

6.10. Parking for the open spaces, identified in the Specific Plan, shall be provided as required and/or determined by the Community Development Director and/or the City Engineer.

The Applicant hereby agrees that these Conditions of Approval are valid and lawful and binding on the Applicant, and its successors and assigns, and agrees to the Conditions of Approval.

Applicant’s name (Print Form): __________________________________________ Applicant’s name (Signature): ___________________________________________ Date: ________________
ATTACHMENT 3
Ordinance Approving DA 16001
8-2-24
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ORDINANCE NO. 2024-23

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY APPROVING THAT CERTAIN “DEVELOPMENT

AGREEMENT BY AND BETWEEN THE CITY OF JURUPA VALLEY,

CANADIAN PACIFIC LAND, LLC, A FLORIDA LIMITED LIABILITY

COMPANY, RMD INLAND INVESTORS, LLC, A DELAWARE LIMITED

LIABILITY COMPANY, AND MV AVALON, LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY”

THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES ORDAIN AS FOLLOWS:

Section 1. Project. Richmond Planned Communities, Inc. (the “Applicant”) has applied Master Application No. MA 16045 consisting of: 1) General Plan Amendment No. 1600; 2) Specific Plan No. 16001 replacing the existing Rio Vista Specific Plan No. 243 that was adopted by the County of Riverside with new land planning areas, objective design and development standards and development plans; 3) Development Agreement No. 16001; and 4) Tentative Tract Map Nos. 37074 and 38639 to allow the development of up to 1,697 new residential units on 204.4 acres, 1,269,774 square feet of light industrial land use on 58.3 acres, 1,428,768 square feet of business park land use on 82 acres, 510.8 acres of natural open space,

14.3 acres of park and recreational amenities and 13.4 acres of public school site (the “Project” or “MA 16045”). The Project site consists of approximately 917.3 acres and is located north of State Route (SR) 60, between Armstrong Road and Rubidoux Boulevard.

Section 2. Procedural Findings. The City Council of the City of Jurupa Valley does hereby find, determine and declare that:
(a) The application for MA 16045 was processed including, but not limited to, a public notice in the time and manner prescribed by State law and Jurupa Valley Municipal Code. (b) On June 26, 2024, the Planning Commission of the City of Jurupa Valley held a public hearing on MA No. 16045 at which time all persons interested in the Project had the opportunity and did address the Planning Commission on these matters. The Planning Commission hearing was subsequently continued to July 10, 2024 and July 24, 2024 where staff, the Applicant, and the public had an opportunity and did address the Planning Commission regarding the project. Following the receipt of public testimony on July 24, 2024, the Planning Commission closed the public hearing, and voted 4-1 to adopt Resolution No. PC-2024-15 recommending that the City Council approve the Project. (c) Pursuant to the California Environmental Quality Act (“CEQA”) (Cal. Pub.

Res. Code § 21000 et seq.) and the State CEQA Guidelines (the “Guidelines”) (14 Cal. Code Regs. § 15000 et seq.), City staff prepared an Initial Study of the potential environmental effects of the approval of the Project as described in the Initial Study. Based upon the findings contained in the Initial Study, City staff determined that an Environmental Impact Report (“EIR”) should be prepared. An EIR was prepared (SCH # 2022120318) for the Project and its impacts analyzed therein.
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(d) On August 15, 2024, the City Council of the City of Jurupa Valley opened the public hearing and continued the hearing to September 5, 2024. On September 5, 2024 the City Council held a duly noticed public hearing at which the City Council considered MA 16045, including: 1) the EIR, Findings, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations for MA 16045; 2) Development Agreement No. 16001; 3) General Plan Amendment No. 16001; 4) Specific Plan (SP 16001); and 5) Tentative Tract Map Nos. 37074 and 38639. During the public hearing all interested persons had an opportunity to and did testify either in support or in opposition to MA 16045. The City Council considered all the testimony and any comments received regarding MA 16045 prior to prior to adopting the Resolutions and this Ordinance.
1) Following the public hearing, the City Council adopted Resolution No. 2024-____ “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY CERTIFYING AN ENVIRONMENTAL IMPACT REPORT, MAKING FINDINGS,

AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND A

MITIGATION MONITORING AND REPORTING PROGRAM FOR GENERAL PLAN AMENDMENT NO. 16001, SPECIFIC PLAN (SP16001), A DEVELOPMENT AGREEMENT

BY AND BETWEEN THE CITY OF JURUPA VALLEY, CANADIAN PACIFIC LAND, LLC,

A FLORIDA LIMITED LIABILITY COMPANY, RMD INLAND INVESTORS, LLC, A

DELAWARE LIMITED LIABILITY COMPANY, AND MV AVALON, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND TENTATIVE TRACT MAP NOS. 37074 AND 38639 TO PERMIT THE DEVELOPMENT OF UP TO 1,697 NEW RESIDENTIAL UNITS, 1,269,774 SQUARE FEET OF LIGHT INDUSTRIAL LAND USE, 1,428,768 SQUARE FEET OF BUSINESS PARK LAND USE, 510.8 ACRES OF NATURAL OPEN SPACE, 14.3 ACRES OF PARK AND RECREATIONAL AMENITIES, AND 13.4 ACRES FOR A PUBLIC SCHOOL SITE GENERALLY LOCATED NORTH OF STATE ROUTE 60, BETWEEN ARMSTRONG ROAD AND RUBIDOUX BOULEVARD (RIO VISTA PROJECT).”
2) Following the public hearing, the City Council adopted Resolution No. 2024-_________ “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY APPROVING GENERAL PLAN AMENDMENT NO. 16001, ADOPTING SPECIFIC PLAN (SP16001) AND REPEALING SPECIFIC PLAN NO. 243, AND APPROVING TENTATIVE TRACT MAP NOS. 37074 AND 38639 TO PERMIT THE DEVELOPMENT OF UP TO 1,697 NEW RESIDENTIAL UNITS, 1,269,774 SQUARE FEET OF LIGHT INDUSTRIAL LAND USE, 1,428,768 SQUARE FEET OF BUSINESS PARK LAND USE, 510.8 ACRES OF NATURAL OPEN SPACE; 14.3 ACRES OF PARK AND RECREATIONAL AMENITIES AND 13.4 ACRES FOR A PUBLIC SCHOOL SITE GENERALLY LOCATED NORTH OF STATE ROUTE 60, BETWEEN ARMSTRONG ROAD AND RUBIDOUX BOULEVARD (RIO VISTA PROJECT).”
(e) Custodian of Records. The City Clerk of the City of Jurupa Valley is the custodian of records, and the documents and other materials that constitute the record of proceedings upon which this decision is based are located at the Office of the City Clerk, City of Jurupa Valley, 8930 Limonite Avenue, Jurupa Valley, California, 92509. (f) All legal preconditions to the adoption of this Ordinance have occurred. -3-
Section 3. Development Agreement.
(a) Canadian Pacific Land, LLC, a Florida limited liability company, RMD Inland Investors, LLC, a Delaware limited liability company, and MV Avalon, LLC, a California limited liability company (“Owners”) are seeking approval of Development Agreement No. 16001, which agreement would provide: (i) the Owners with assurance that development of the Project may proceed subject to the Project Approvals, rules and regulations in effect at the time of Project approval, and (ii) the City with assurance that certain obligations of the Owner’s will be met. MV Avalon, LLC, owns PA 7 as describe in the Specific Plan and Canadian Pacific Land, LLC, a Florida limited liability company and RMD Inland Investors, LLC, a Delaware limited liability company owns the remainder of the Project Site.
(b) California Government Code Sections 65864-65869.5 (the “Development Agreement Act”) authorize the City to enter into a binding development agreement for the development of real property within its jurisdiction with persons having legal or equitable interest in such real property.
(c) Section 65867 of the Development Agreement Act provides that a public hearing on an application for a development agreement shall be held by the planning agency and by the legislative body. Notice of intention to consider adoption of a development agreement shall be given as provided in Government Code Sections 65090 and 65091 in addition to any other notice required by law for other actions to be considered concurrently with the development agreement.
(d) Section 65867.5(b) of the Development Agreement Act provides that a development agreement shall not be approved unless the legislative body finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan. Section 65867.5(b) of the Development Agreement Act provides that a Development Agreement that includes a subdivision as defined in Section 66473.7, shall not be approved unless the agreement provides that any tentative map prepared for the subdivision will comply with Section 66473.7.

Section 4. Findings for Approval of Development Agreement. In approving Development Agreement No. 16001, the Jurupa Valley City Council hereby makes the following findings:
(a) Development Agreement No. 16001 is consistent with the City’s General Plan including the goals and objectives thereof and each element thereof, in that the Development Agreement would obligate the applicant to contribute Community Benefit payments of over $21,926,000 (net present value) for the enhancement or construction of public facilities, maintenance of infrastructure, supplement public safety, and contribute to general municipal services.
(b) Development Agreement No. 16001 is consistent with the General Plan, as amended, in that it allows for the development of up to 1,697 residential dwelling units at the density ranges allowed under the General Plan, as amended, and furthers the following goals in the General Plan:
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1) LUE -1 Encourages attractive, safe, and well-maintained residential neighborhoods that offer a range of high quality housing opportunities that “fit” the community in which they are to be located; and
2) LUE 4 The Specific Plan increases the amount of natural open space, with provides trails with views and promotes the preservation of natural habitats, including the area around the Palmers Oak.
3) LUE 3.12 Industrial and Business Park Development, the Rio Vista Specific Plan includes Industrial and Business Park planning areas that allows new industrial, manufacturing, research and development uses.
4) HE 1.1: Meeting the Regional Housing Needs Allocation by providing sufficient land at appropriate densities.
5) HE 1.2: Promoting affordable housing by including land use and standards that allow up to 25 units per acre in the HHDR designation. 6) HE 1.4: The Specific Plan encourages housing diversity by incorporating various residential land use densities, ranging from Very Low to Highest Density Residential, to meet community needs.
(c) Development Agreement No. 16001 is consistent with Specific Plan No. 16001 in that:
1) Development Agreement No. 16001 establishes a mechanism for the construction of infrastructure and other public improvements identified in the Specific Plan. 2) The Development Agreement No. 16001 assures that the City will receive certain benefits and improvements that were established to implement goals and objectives of the Specific Plan No. 16001.
(d) Section 65867.5(b) of the Development Agreement Act provides that a Development Agreement that includes a subdivision as defined in Government Code Section 66473.7, shall not be approved unless the agreement provides that any tentative map prepared for the subdivision will comply with Section 66473.7. The project includes the proposed construction of up to 1,697 units, and as such meets the definition of a subdivision under Government Code Section 66473.7. As such, the Development Agreement requires that any tentative map prepared for the subdivision comply with Government Code Section 66473.7. (e) The Development Agreement complies with the requirements of California Government Code Sections 65865 through 65869.5 in that the Development Agreement specifies in detail and contains the following:
1) Provisions in Section 9 requiring periodic review at least every twelve months, at which time the Owner shall be required to demonstrate good faith compliance with the terms of the Development Agreement (California Government Code Section 65865.1). -5-
2) Duration of the Development Agreement, as specified in Section

3.3 of the Agreement as being twenty (20) years (Government Code Section 65865.2). 3) The permitted uses of the property, the density and intensity of use, the maximum height and size of the proposed buildings, and provisions for reservation or dedication of land for public purposes are set forth in Title 7, Subdivisions of the Jurupa Valley Municipal Code, and Title 9, Planning and Zoning, of the Jurupa Valley Municipal Code which is part of the Project Approvals and Applicable Regulations incorporated into the Development Agreement by Sections 2.21 and 4 thereof and vested by the Development Agreement pursuant to Section 4 (Government Code Section 65865.2).
4) Section 4.11 of the Development Agreement provides that any tentative map prepared for the subdivision shall comply with Government Code Section 66473.7 by imposing a condition that sufficient water supply be available to service the residential subdivisions (Government Section 65867.5(c)).
5) Terms and conditions in the Project Approvals and the Development Agreement, require the Owners to construct all necessary public improvements necessary to access and improve the Property for the proposed uses (Government Code Section 65865.2).
(b) Pursuant to Section 65867.5 of the Development Agreement Legislation, the City Council finds and determines that:
1) The Development Agreement provides 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; 2) The Development Agreement is in the best interests of and not detrimental to the public health, safety, and general welfare of City and its residents; 3) Adopting the Development Agreement is consistent with City’s General Plan, and each element thereof and any applicable specific plan, and constitutes a present exercise of City’s police power; and
4) The Development Agreement is being entered into pursuant to and in compliance with the requirements of Government Code Section 65867 of the Development Agreement Legislation.

Section 5. Approval of Development Agreement. The City Council of the City of Jurupa Valley hereby:
(a) Approves Development Agreement No. 16001 entitled “DEVELOPMENT

AGREEMENT BY AND BETWEEN THE CITY OF JURUPA VALLEY, CANADIAN

PACIFIC LAND, LLC, A FLORIDA LIMITED LIABILITY COMPANY, RMD INLAND

INVESTORS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AND MV AVALON, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY” in the substantially the form submitted to the City Council and authorizes the Mayor to execute the Development Agreement -6-
on behalf of the City. The City Council hereby authorizes the City Manager to make minor, nonsubstantive changes to the Development Agreement prior to signature by the Mayor. 1) Upon execution by all parties, an original copy shall be kept on file in the City Clerk’s Office.
2) The City Clerk is directed to record this Development Agreement in the Official Records of the County of Riverside within ten (10) days of the effective date of this Ordinance.
(b) The City Council’s approval of Development Agreement No. 16001 shall only take effect if General Plan Amendment No. 16001, Specific Plan No. 16001, and Tentative Tract Map Nos. 37074 and 38639 are adopted by the City Council.

Section 6. Severability. If any sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid.

Section 7. Certification. The City Clerk of the City of Jurupa Valley shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.

Section 8. Effective Date. This Ordinance shall take effect on the date provided in Government Code Section 36937.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 19th day of September, 2024.
______________________________
Guillermo Silva
Mayor
ATTEST:
_______________________________
Victoria Wasko, CMC
City Clerk
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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )
I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Ordinance No. 2024-23 was regularly introduced at a regular meeting of the City Council held on the 5
th day of September, 2024 and thereafter at a regular meeting held on the 19th day of September, 2024, it was duly passed and adopted by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 19th day of September, 2024 Victoria Wasko, City Clerk
City of Jurupa Valley
Draft: 8-22-24
12774-0169\2874886v14.doc

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO
City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley CA 92509
Attn: City Clerk
Exempt from recording fees pursuant to Govt. Code Sections 6103, 27383 and 27388.1 (Space above for recorder’s use)

DEVELOPMENT AGREEMENT

BY AND BETWEEN
THE

CITY OF JURUPA VALLEY

CANADIAN PACIFIC LAND, LLC, A FLORIDA LIMITED LIABILITY COMPANY,

AND RMD INLAND INVESTORS, LLC, A DELAWARE LIMITED LIABILITY

COMPANY
AND

MV AVALON LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
Draft: 8-22-24
12774-0169\2874886v14.doc -1-

DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into and dated as of September 5, 2024, by and between the CITY OF JURUPA VALLEY, a California municipal corporation and general law city existing under the Constitution of the State of the California (“City”), CANADIAN PACIFIC LAND, LLC, a Florida limited liability company, and RMD INLAND INVESTORS, LLC, a Delaware limited liability company(collectively, “Richland”), and MV AVALON LLC, a California limited liability company (“Monte Vista”) pursuant to the authority of Sections 65864 through 65869.5 of the California Government Code (the “Development Agreement Legislation”) and Article XI, Section 2 of the California Constitution.

City and Owners are occasionally referred to in this Agreement collectively as the “Parties,” and individually as “Party.” Pursuant to the authority contained in the Development Agreement Legislation, as it applies to the City, pursuant to Article XI, Section 2 of the California Constitution, and in consideration of the recitals set forth in Section 1, the mutual covenants set forth in this Agreement, and for the further consideration described in this Agreement, the Parties agree as follows:

1. RECITALS. This Agreement is made for the following purposes and with respect to the following facts, which the Parties agree are true and correct:

1.1 The Development Agreement Legislation authorizes City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property for the following purposes:

1.1.1 Ensuring high quality development in accordance with comprehensive plans;

1.1.2 Reducing uncertainty in the development approval process that might otherwise result in a waste of resources, discourage investment, and escalate the cost of development to the consumer;

1.1.3 Strengthening City’s comprehensive planning process to provide for the most efficient use of public and private resources by encouraging private participation in the comprehensive planning process;

1.1.4 Assuring Owners of land that upon approval, they may proceed with their development projects in accordance with defined policies, rules, regulations, and conditions of approval; and

1.1.5 Providing for the financing and/or construction of necessary public facilities and services.

1.2 The property that is the subject of this Agreement is approximately 917.3 acres in size, is generally located north of State Route (SR) 60, between Armstrong Road and Rubidoux Boulevard and is described on Exhibit ”A” and depicted on Exhibit ”B” attached hereto (the “Property”).

1.3 The Property is subject to the Project Approvals and Applicable Regulations defined in Sections 2.21 and 2.2, respectively, of this Agreement.

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1.4 In addition to the general purposes stated above, the following are among the considerations supporting this Agreement:

1.4.1 This Agreement will provide for the Parties: (a) a high quality development on the Property subject to this Agreement; (b) certainty in the type of development to be undertaken on the Property; and (c) the assurance of adequate public facilities and services to ensure the good of the community regardless of City’s legal authority to impose such requirements under constitutional or statutory authority.

1.4.2 For City, this Agreement serves to provide for: (a) employment growth anticipated to result from the Development of the Property, both during construction and use; (b) an increase in tax revenues anticipated to result from the Development of the Property; (c) a stimulant to economic growth in the community surrounding the Property; and (d) the achievement of the goals and directives of its General Plan.

1.4.3 The development of new commercial buildings, associated office space and residential uses is an integral part of Owners’ development plans for the Property.

Such facilities are expected to bring employment and increased tax revenue for City.

1.5 The Parties desire to enter into a binding agreement for purposes of:
(i) identifying the terms, conditions, and regulations for the Development of the Property; (ii) identifying Owners’ obligations to make certain Community Benefit Contribution, as defined in Section 2.10, and design, construct and install Public Improvements, on the terms and conditions set forth in this Agreement.

1.6 Owners desire to develop the Property in accordance with the provisions of this Agreement, the Applicable Regulations, and the regulations of those other agencies exercising jurisdiction over the Property.

1.7 Owners have applied for, and City has approved, this Agreement in order to create beneficial development of the Property and a physical environment that will conform to and complement City’s goals, create development sensitive to human needs and values, facilitate efficient traffic circulation, and otherwise provide for the Development of the Property in accordance with City’s best interests.

1.8 The City Council has determined that this Agreement is consistent with City’s General Plan and each element thereof, including, without limitation, the goals and objectives thereof.

1.9 The following actions have been taken with respect to this Agreement and the Development:

1.9.1 On July 27, 2024, following a duly noticed and conducted public hearing, the Planning Commission recommended that the City Council approve this Agreement and the Development.

1.9.2 On September 5, 2024, after a duly noticed public hearing, the City Council adopted the following Resolutions approving certain land use entitlements for the Development: (1) Resolution No. 2024-______, Certifying the Environmental Impact Report, and (2) Resolution No. 2024-_____, approving General Plan Amendment No. _____ (GPA No.

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______), and (3) Resolution No. 2024-________ approving Specific Plan SP ________ and Tentative Tract Map (TTM) No. _____________, copies of which are on file in the City Clerk’s Office at City Hall. The Resolutions contain findings pertaining thereto, including those relating to the CEQA documentation for the Development.

1.9.3 On September 5, 2024, following a duly noticed public hearing, the City Council introduced Ordinance No. 2024-____ and on September 19, 2024, held the second reading and adopted Ordinance No. 2024-___, approving Zone Change (ZC) No. ______________, a copy of which is on file in the City Clerk’s Office at City Hall, which Ordinance includes the findings pertaining thereto, including those relating to the CEQA documentation for the Development and this Zone Change’s consistency with City’s General Plan and each element thereof and any specific plans relating to the Property.

1.9.4 On September 5, 2024, following a duly noticed public hearing, the City Council introduced Ordinance No. 2024-___ and on September 19, 2024, held the second reading and adopted Ordinance No. 2024-___, approving this Agreement, a copy of which is on file in the City Clerk’s Office at City Hall, which Ordinance includes the findings pertaining thereto, including those relating to the CEQA documentation for the Development and this Agreement’s consistency with City’s General Plan and each element thereof and any specific plans relating to the Property.

1.10 All actions taken by City have been duly taken in accordance with all applicable legal requirements, including CEQA, and all other requirements for notice, public hearings, findings, votes and other procedural matters.

1.11 City has engaged in extensive studies and review of the potential impacts of the Development, as well as the various potential benefits to City by the Development, and has concluded that the Development is in City’s best interests. In consideration of the Public Improvements to be provided by Owners to City, and in order to strengthen the planning process for the Property and to reduce the economic costs of Development of the Property, City intends to give Owners assurance that Owners can proceed with the Development of the Property in accordance with the Project Approvals and the City’s Applicable Regulations. In reliance on City’s covenants in this Agreement concerning the Development of the Property, Owners have and will in the future incur substantial front-loaded costs in site preparation and construction of infrastructure and facilities in order to develop the Property.

1.12 Pursuant to Section 65867.5 of the Development Agreement Legislation, the City Council has found and determined that: (i) this Agreement implements the goals and policies of City’s General Plan, including each element thereof; (ii) provides 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; (iii) this Agreement is in the best interests of and not detrimental to the public health, safety, and general welfare of City and its residents; (iv) adopting this Agreement is consistent with City’s General Plan, and each element thereof and any applicable specific plan, and constitutes a present exercise of City’s police power; and (v) this Agreement is being entered into pursuant to and in compliance with the requirements of Government Code Section 65867 of the Development Agreement Legislation.

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2. DEFINITIONS. This Agreement uses a number of terms having specific meanings, as defined below. These specially defined terms are distinguished by having the initial letter capitalized when used in this Agreement. The defined terms include the following:

2.1 “Agreement” means this Development Agreement.

2.2 “Applicable Regulations” is defined in Section 4.1.3 of this Agreement.

2.3 “Authorizing Ordinance” means Ordinance No. 2024-___ adopted by City on September 19, 2024 approving this Agreement.

2.4 [Intentionally deleted.]

2.5 “CEQA” means the California Environmental Quality Act (Cal. Pub.

Resources Code, § 21000 et seq.)

2.6 “City” means the City of Jurupa Valley, a California general law city and municipal corporation, duly organized and existing under the Constitution and laws of the State of California, and all of its officials, employees, agencies, and departments.

2.7 “CFD” means a community facilities district established pursuant to the Mello-Roos Community Facilities Act of 1982 (Gov. Code §§ 53311-53368).

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

2.9 “City Manager” means the City Manager of City.

2.10 “Community Benefit Contribution” or “CBC” means the payments described in Section 5.6 of this Agreement.

2.11 “Community Facilities District Policy” means the “Goals and Policies for the Use of the Mello-Roos Community Facilities Act of 1982” adopted by City Council Resolution No. 2014-03 on February 6, 2014.

2.12 “Development” means the improvement of the Property for the purposes consistent with this Agreement and the Project Approvals, including, without limitation, demolition, remediation, grading, the construction of infrastructure and public facilities related to the on-site improvements, the construction of structures and buildings, and the installation of landscaping subject to the Project Approvals.

2.13 “Development Agreement Legislation” means Sections 65864 through 65869.5 of the California Government Code as it exists on the Effective Date.

2.14 “Effective Date” means the date that this Agreement becomes effective in accordance with Section 3.2 of this Agreement.

2.15 “End User” means the Owners of a lot on the Property where: (i) the lot has been finally subdivided and individually (and not in “bulk”) sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and the lot has been finally subdivided and individually (and not in “bulk”) sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and (ii) a certificate of occupancy has Draft: 8-22-24
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been issued for a building on such lot. Notwithstanding the foregoing, the obligations of Sections 5 and 6 of this Agreement shall survive termination as to such End Users.

2.16 “MSHCP” means the Western Riverside County Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan and related amendments and approvals associated therewith.

2.17 “Multi-Family Residential Units--Medium Density” means attached or detached residential units that are on a parcel in which the density is more than eight (8) units per acre and less than twenty three (23) units per acre as designated in the Project Approvals.

2.18 “Multi-Family Residential Units--High Density” means attached or detached residential units that are on a parcel in which the density is twenty three (23) units or more per acre as designated in the Project Approvals.

2.19 “Owners”

2.19.1 The Property is owned by two entities: (1) Canadian Pacific Land, LLC, a Florida limited liability company, and RMD Inland Investors, LLC, a Delaware limited liability company, as tenants in common - Canadian Pacific Land, LLC, as to an undivided fifty percent (50%) interest, and RMD Inland Investors, LLC, as to an undivided fifty (50%) interest (collectively, “Richland”);and (2) MV Avalon LLC, a California limited liability company (“Monte Vista”). The Applicant for the Project Approvals is Richland Planned Communities, Inc., a California corporation. Canadian Pacific Land, LLC and RMD Inland Investors, LLC are affiliated entities of Richland Planned Communities. Inc.

2.19.2 Monte Vista owns that portion of the Property known as PA 7 as designated on the Specific Plan (as defined in Section 2.27) and is described on Exhibit ”A-1” and depicted on Exhibit ”B,” attached hereto (the “Monte Vista Property”).

2.19.3 Richland owns all of the Property except for the Monte Vista Property (“the Richland Property”). Canadian Pacific Land, LLC and RMD Inland Investors, LLC own all of the Richland Property as tenants in common - Canadian Pacific Land, LLC, as to an undivided fifty percent (50%) interest, and RMD Inland Investors, LLC, as to an undivided fifty (50%) interest.

2.19.4 As used in this Agreement, “Owners” means both Richland and Monte Vista and “Owner” means Richland or Monte Vista as designated in portions of the Agreement.

2.19.5 Canadian Pacific Land, LLC, a Florida limited liability company, RMD Inland Investors, LLC, a Delaware limited liability company, and MV Avalon LLC, a California limited liability company, shall be jointly and severally liable for all obligations of the Owners as provided in the Project Approvals, Subsequent Project Approvals, and this Agreement. It shall be the obligations of Canadian Pacific Land, LLC, RMD Inland Investors, LLC, and MV Avalon LLC, as Owners to enter into such agreements between themselves allocating the responsibilities for compliance with the Agreement, Project Approvals and Subsequent Project Approvals and costs of such compliance. City shall have no obligation to honor the terms of such private agreements Draft: 8-22-24
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between the Owners and shall have full authority to proceed against all or each of them, jointly or severally, to enforce the Owners’ obligations under this Agreement.

2.19.6 Richland and Monte Vista hereby designate Brian Hardy to act as the agent on behalf of the Owners with respect to all matters pertaining to the Owners’ obligations concerning this Agreement, including but not limited to, and all matters pertaining to the Public Improvements, subsequent land use applications, community facilities districts concerning the Project Approvals, Subsequent Project Approvals, and this Agreement. Richland and Monte Vista may change the agent pursuant to an Operating Memorandum pursuant to section 3.4.4 signed by Canadian Pacific Land, LLC, RMD Inland Investors, LLC, and MV Avalon LLC, as Owners.

2.20 “Project” means Development of the Property in accordance with the Project Approvals, any Subsequent Project Approvals, and this Agreement, inclusive of the permitted uses and Applicable Regulations set forth in this Agreement. Upon their approval, all Subsequent Project Approvals shall be included within this Agreement’s definition of the Project Approvals and the Project, and therefore shall be automatically vested pursuant to Section 4 of this Agreement.

2.21 “Project Approvals” means all City approvals or entitlements, or both, pertaining to the Project, including, without limitation, the following resolutions and ordinances approving certain entitlements for the Project: (1) Resolution No. 20024_____, Certifying the Environmental Impact Report; (2) Resolution No. 2024-____, approving General Plan Amendment No. GPA No. ________, and (3) Resolution No. 2024-____ adopting Specific Plan No. SP ___________, and Tentative Tract Map (TTM) No. ___________; (4) Ordinance No. 2024-____, adopting Zone Change No. CZ ____________; and (5) Ordinance No. 2024-__, approving this Agreement.

2.22 “Property” means the real property described in Exhibit ”A” and depicted on Exhibit ”B”.

2.23 “Public Improvements” means the improvements described in the Project Approvals.

2.24 “Reservation of Authority” means the rights and authority excepted from the assurances and rights provided to Owners under this Agreement and reserved to City under Section 4.2 of this Agreement.

2.25 “Single-Family Residential Unit” means attached or detached residential units that are on a parcel in which the density is eight (8) units or less per acre as designated in the Project Approvals.

2.26 “Site Map” means the drawing of the Property in its condition as of the Effective Date, attached to this Agreement as Exhibit ”B”.

2.27 “Specific Plan” means the Rio Vista Specific Plan adopted by Resolution No. 2024-____ as part of the Project Approvals.

2.28 “Subsequent Project Approvals” means those Project Approvals issued subsequent to the Effective Date in connection with the Development of the Property.

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2.29 “Subsequent Land Use Regulations” means all ordinances, resolutions, codes, rules, regulations, and official written policies of City adopted and effective after the Effective Date governing the Development and use of the Property.

2.30 “Term” is defined in Section 3.3 of this Agreement.

2.31 “Transferee” means the person to whom Owners sells, assigns, or otherwise transfers all or any portion of Owners’ interests in the Property together with all its right, title, and interest in this Agreement in accordance with Section 12 of this Agreement.

3. GENERAL TERMS.

3.1 Binding Effect of Agreement. From and following the Effective Date, the Development, and City actions on applications for Subsequent Project Approvals affecting the Property, shall be subject to the terms and provisions of this Agreement. The provisions of this Agreement, to the extent permitted by law, constitute covenants that shall run with the Property for the benefit thereof, and the benefits and burdens of this Agreement shall bind and inure to the benefit of the Parties and all successors in interest to the Parties.

3.2 Effective Date. This Agreement, and the obligations of the Parties to this Agreement, shall be effective on the date that Ordinance No. 2024-_____ approving this Agreement becomes effective (the “Effective Date”). The Parties shall approve an operating memorandum pursuant to Section 3.4.4 confirming the Effective Date of this Agreement.

3.3 Term. The term of this Agreement shall commence on the Effective Date and shall continue for twenty (20) consecutive calendar years thereafter (the “Term”), unless Term is otherwise terminated, modified, or extended by circumstances set forth in this Agreement or by mutual consent of the Parties after the satisfaction of all applicable public hearing and related procedural requirements. Notwithstanding the provisions of this Section 3.3, the provisions of Sections 5 and 6 shall survive the expiration or termination of this Agreement.

3.4 Amendment of Agreement.

3.4.1 Initiation of Amendment. Any Party may propose an amendment to this Agreement and 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.

3.4.2 Procedure. Except as set forth in Section 3.4.4 of this Agreement, the procedure for proposing and adopting an amendment to this Agreement shall be the same as the procedure required for entering into this Agreement in the first instance.

3.4.3 Consent. Except as expressly provided in this Agreement, any amendment, including an extension of the Term, to this Agreement shall require the written consent of both Parties, in accordance with law. No amendment to all or any provision of this Agreement shall be effective unless set forth in writing and signed by duly authorized representatives of each of the Parties.

3.4.4 Operating Memoranda. The Parties acknowledge that refinements and further development of the Project may demonstrate that changes are appropriate with Draft: 8-22-24
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respect to the details and performance of the Parties. 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 such changes, adjustments, or clarifications without amendment to this Agreement through one or more operating memoranda mutually approved by the Parties. Without limiting the types of changes or refinements where a formal amendment to this Agreement would not be required, the Parties agree that generally, any reduction in density or intensity of business park or industrial uses of the Property, but not residential uses, is appropriate to be documented in an operating memorandum. The operating memoranda may be approved on City’s behalf by the City Manager, or such person designated in writing by the City Manager, and by any corporate officer or other person designated for such purpose in a writing signed by a corporate officer on behalf of each of the Owners. After execution of an operating memoranda it shall be attached to this Agreement as addenda and become a part of this Agreement. Unless otherwise required by law or by this Agreement, no such changes, adjustments, or clarifications shall require prior notice or hearing, public or otherwise.

3.4.5 Termination. 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. The 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 Project Approvals.

3.4.6 Termination As to End Users. Notwithstanding any other provisions of this Agreement, this Agreement shall automatically terminate with respect to any such lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: (i) the lot has been finally subdivided and individually (and not in “bulk”) sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and the lot has been finally subdivided and individually (and not in “bulk”) sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and (ii) a certificate of occupancy has been issued for a building on such lot. Notwithstanding the foregoing, the obligations of Sections 5 and 6 of this Agreement shall survive termination as to such users.

4. DEVELOPMENT OF THE PROPERTY.

4.1 Right to Develop.

4.1.1 Right to Develop. Owners shall have a vested right to develop the Property during the term of this Agreement in accordance with, and to the extent of, the Project Approvals, Subsequent Project Approvals, and this Agreement.

4.1.2 Effect of Agreement on Applicable 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 Project Approvals and those Applicable Regulations not inconsistent Draft: 8-22-24
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with the Project Approvals which were in full force and effect as of the Effective Date of this Agreement.

4.1.3 Applicable Regulations. Except as otherwise specified in this Agreement and the Project Approvals, the following regulations shall govern the development of the Property (“Applicable Regulations”):

4.1.3.1 The provisions of the Jurupa Valley Municipal Code in effect as of the Effective Date of this Agreement pertaining to property development, including without limitation, Chapter 9.267, Inclusionary Housing Requirement and Affordable Housing In-Lieu Fee;

4.1.3.2 City ordinances and resolutions pertaining to property development in effect as of the Effective Date of this Agreement, and

4.1.3.3 The City’s General Plan, and each element thereof, in effect as of the Effective Date of this Agreement.

4.1.3.4 The City standards in effect as of the Effective Date of this Agreement for construction of City infrastructure improvements.

4.1.4 Subsequent Project Approvals. City shall accept for processing, review and action all applications for Subsequent Project Approvals, and City staff shall use their reasonable efforts to process such applications in an expeditious manner, taking into account City’s staffing levels, and all requisite development fees shall be calculated and paid at such time as payment for such fees is due and payable, for all or a portion of the Property. City further agrees that, unless otherwise requested by Owners, it shall not, without good cause as provided in this Agreement, amend or rescind any Subsequent Project Approvals respecting the Property after City has granted the same.

4.1.5 Development in Accordance with Agreement and Applicable Law.

Subject to the provisions of Section 4.4, if Owners proceeds with Development of the Project, Development shall proceed in accordance with this Agreement (including, without limitation, the Applicable Regulations and the Project Approvals) and in compliance with all laws, regulations, rules, and requirements of all non-City governing entities with jurisdiction over the Property.

4.1.6 Amendments to Project Approvals. It is contemplated by the Parties that Owners may, from time to time, seek amendments to one or more of the Project Approvals. In the event Owners finds that such an amendment is appropriate or desirable, Owners may apply in writing for an amendment to the Project Approvals to effectuate such change. The Parties acknowledge that City shall be permitted to use its sole and absolute discretion in deciding whether to approve or deny any such amendment request; provided, however, that in exercising the foregoing sole and absolute discretion, City shall not apply a standard different than used in evaluating requests of other Owners. Any such amendments are contemplated by the Parties as being within the scope of this Agreement as long as they are consistent with the Applicable Regulations and shall, upon approval by City, continue to constitute the Project Approvals as referenced in this Agreement. The City Community Development Director shall be empowered to issue amendments to Project Approvals if authorized by the Jurupa Valley Municipal Code. The Parties agree that any such approved Draft: 8-22-24
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amendments shall not constitute an amendment to this Agreement nor require an amendment to this Agreement.

4.2 Reservation of Authority by City.

4.2.1 Limitations, Reservations, and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the Development:

4.2.1.1 Processing fees and charges of every kind and nature adopted by City pursuant to state law for costs related to City’s processing of applications for Project Approvals.

4.2.1.2 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.

4.2.1.3 Changes adopted by the City Council in the California Building Code, California Historic Building Code, California Existing Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Green Building Standards Code, California Referenced Standards Code, California Residential Code, International Property Maintenance Code and similar uniform codes as required by and in accordance with the authority granted to City under state law.

4.2.1.4 Except as otherwise authorized in this Section 4.2.1, regulations that are not in conflict with the Project Approvals and this Agreement. Regulations shall be deemed in conflict with the Project Approvals or this Agreement if the Regulations:
(i) alter or change any land use, including permitted or conditional uses, of the Property from that permitted under this Agreement and the Applicable Regulations; (ii) limit or reduce the height or bulk of any structures of the Project from that permitted under this Agreement and the Applicable Regulations; (iii) limit or reduce the density or intensity of the Project from that permitted under this Agreement and the Applicable Regulations; (iv) except as provided in this Agreement, materially increase (by an amount greater than 15%) the cost of performance of, or preclude compliance with, any provision of the Applicable Regulations or Project Approvals; (v) additional public improvements, mitigation measures, or any other additional conditions of approvals not already contained in the Project Approvals; (vi) limit or restrict the availability of public utilities, services, infrastructure or facilities to the Project; or (vii) require the issuance of additional permits or approvals by the City other than those required by the Applicable Regulations.

4.2.1.5 Regulations that are in conflict with the Project Approvals provided Owners has given written consent to the application of such regulations to the Development.

4.2.1.6 Federal, state, county, and multi-jurisdictional laws and regulations that preempt local regulations, or mandate the adoption of local regulations, and are in conflict with the Project Approvals.

4.2.1.7 Subsequent Land Use Regulations adopted by City in connection with any Subsequent Project Approvals, necessary to protect the imminent safety or Draft: 8-22-24
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health, or both, of the residents or occupants of the Property, or the residents or people of City, or both.

4.2.2 Future Discretion of City. Notwithstanding any other provision of this Section 4.2, this Agreement shall not prevent City, in acting on Subsequent Project Approvals, from denying or conditionally approving any Subsequent Project Approval on the basis of the Applicable Regulations or any Subsequent Land Use Regulations not in conflict with the Project Approvals.

4.2.3 Modification or Suspension by Federal, State, County, or MultiJurisdictional Law. In the event that Federal, State, County, or multi-jurisdictional laws or regulations, enacted after the Effective Date, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such Federal, State, County, or multijurisdictional laws or regulations, and this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provision impractical to enforce.

4.2.4 Intent. City acknowledges that Owners have reasonably entered into this Agreement and may proceed with the Development of the Property on the assumption that City has adequately provided for the public health, safety and welfare through the Applicable Regulations. In the event that any future, unforeseen public health or safety emergency arises, City shall attempt to address such emergency in such a way as not to impact the Development in accordance with the Project Approvals, and if that is not possible, to select that option for addressing the emergency which has the least adverse impact on the Development in accordance with the Project Approvals.

4.3 Regulation by Other Public Agencies. It is acknowledged by the Parties that other public agencies not subject to control by City may possess authority to regulate aspects of the Development, and this Agreement does not limit the authority of such other public agencies.

4.4 Timing of Development. Except as set forth in Agreement regardless of any future enactment, by initiative, or otherwise, Owners shall have the discretion to develop the Property, or not develop the Property, in one phase or in multiple phases at such times as Owners deems appropriate within the exercise of its sole and absolute business judgment. Specifically, City agrees that Owners shall be entitled to apply for and receive permits, maps, occupancy certificates, and other entitlements to develop and use the Property at any time, provided that such application is made in accordance with this Agreement and the Applicable Regulations. It is the intent of the Parties to cure the deficiency identified by the Supreme Court in Pardee Construction Company v. City of Camarillo, 37 Cal. 3d 465 (1984), which held the failure of a development agreement to specify the timing of development did not prevent a latter-enacted initiative from applying to the project approvals applicable to the development agreement in question in that case.

4.5 Vested Rights. By entering into this Agreement and relying thereon, Owners are obtaining the vested rights to proceed with the Development of the Property in accordance with the terms and conditions of this Agreement. By entering into this Agreement and relying thereon, City is securing certain public benefits which enhance the public health, safety and welfare, a partial listing of which benefits is set forth in Section 1 of this Agreement.

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4.6 No Conflicting Enactments. Except as otherwise provided by this Agreement, neither the City Council nor any other agency of City shall enact a rule, regulation, ordinance, or other measure applicable to the Property that is inconsistent or conflicts with the terms of this Agreement.

4.6.1 Moratorium. It is the intent of the Parties that no moratorium or other limitation (whether relating to the Development of all or any part of the Development and whether enacted by initiative or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative, or final), site development permits, precise plans, site development plans, grading permits, building permits, occupancy certificates, or other entitlements to use approved, issued, or granted within City, or portions of City, shall apply to the Development to the extent such moratorium or other limitation would restrict Owners’ right to develop the Property as provided by this Agreement in such order and at such rate as Owners deems appropriate at its sole and absolute discretion, as provided by this Agreement. City shall reasonably cooperate with Owners 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 such action. In the event of any litigation challenging the effectiveness of this Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending. The filing of any third party lawsuit(s) against City or Owners relating to this Agreement, the Project 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.

4.6.2 Consistency Between this Agreement and Current Laws. City represents that at the Effective Date there are no rules, regulations, ordinances, policies, or other measures of City in force that would interfere with the Development and use of all or any part of the Property according this Agreement. In the event of any inconsistency between any Applicable Regulation, Development Approval, and this Agreement, the provisions of this Agreement shall control.

4.7 Amendments to Project Approvals. It is contemplated by the Parties that Owners may, from time to time, seek amendments to one or more of the Project Approvals. Any such amendments are contemplated by the Parties as being within the scope of this Agreement as long as they are consistent with the Applicable Regulations and shall, upon approval by City, continue to constitute the Project Approvals as referenced in this Agreement. The Parties agree that any such amendments shall not constitute an amendment to this Agreement nor require an amendment to this Agreement.

4.8 Further Assurances to Owners. The Parties further acknowledge that the public benefits to be provided by Owners to City pursuant to this Agreement are in consideration and reliance upon assurances that the Property can be developed in accordance with the Project Approvals and this Agreement. Accordingly, while recognizing that the Development of the Property may be affected by exercise of the authority and rights reserved and excepted as provided in Section 4.2 of this Agreement, Owners are concerned that normally the judiciary extends to local agencies significant deference in the adoption of land use regulations that might permit City, in violation of Section 4.2, to attempt to apply regulations that are inconsistent with the Project Approvals pursuant to the exercise of the authority and rights reserved and excepted Draft: 8-22-24
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as provided in Section 4.2 of this Agreement. Accordingly, Owners desires assurances that City shall not and City agrees that it shall not further restrict or limit the Development of the Property in violation of this Agreement except in strict accordance with the terms of this Agreement.

4.9 Acquisition of Right of Way for Public Improvements.

4.9.1 To the extent Owners does not have sufficient title or interest in the real property required for the construction or installation of a Public Improvement, Owners shall make a good faith effort to acquire the required property (“Required Property”) in a timeframe calculated to allow for the orderly Development of the Project. If, following this effort, Owners is unable to acquire the Required Property, Owners shall have the right, but not the obligation, to request that City acquire the Required Property pursuant to the provisions of Government Code Section 66462.5, which shall be applicable, regardless of whether Owners is applying for approval of a final map. City shall consider in good faith the acquisition of the Required Property pursuant to an acquisition agreement in substantially the form of Exhibit C (“Acquisition Agreement”), pursuant to the provisions of Government Code Section 66462.5 or Code of Civil Procedure Section 1230.010 and following, as the case may be, including proceedings for immediate possession of the Property pursuant to Code of Civil Procedure Section 1255.410 and following. This Agreement is neither a commitment nor an announcement of an intent by City to acquire any or all of the property required for Off-Site Improvements.

4.9.2 In the event City delays or is unwilling or unable to acquire the Required Property, such conditions of approval shall be automatically deemed waived. The specific acquisition of Right of Way requiring public improvements shall be referenced in the Acquisition Agreement.

4.9.3 Both parties acknowledge and agree that acquisition of the Required Property in accordance with the California Eminent Domain Law, requires more time than the suggested timeframes of Government Code Section 66462.5 allow and therefore, the parties waive these time constraints and the Acquisition Agreement shall so provide. The parties further acknowledge and agree that City cannot exercise its power of eminent domain unless and until a Resolution of Necessity has been duly adopted by the City Council pursuant to law. This Agreement is neither a commitment nor the announcement of an intent by City to acquire any or all of the Required Property for the Public Improvements.

4.9.4 If Owners asks City and City agrees to acquire right-of-way through the use of its power of eminent domain, then Owners and City shall enter into an Acquisition Agreement pursuant to Government Code Section 66462.5 for each Public Improvement. Owners shall deposit with City the actual costs reasonably estimated by City for initiating such proceedings and each stage thereof. Notwithstanding the foregoing provisions of this Section 4.9. City shall not delay or refuse to issue any Future Development Approvals due to the failure or delay of the City to either (i) enter into the Acquisition Agreement; (ii) if necessary, failure to initiate or conclude an eminent domain proceeding, if such a proceeding is necessary to obtain the Required Property; or (iii) approve any improvement plans needed to construct any Public Improvement.

4.10 Term of Map(s) and Other Project Approvals. Pursuant to California Government Code Sections 66452.6(a) and 65863.9, the term of any subdivision or parcel map that has been or in the future may be processed for all or any portion of the Property and the term of each of the Project Approvals (including, without limitation, Future Development Approvals) Draft: 8-22-24
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shall be deemed extended without further required action for a period of time through the scheduled termination date of this Agreement as set forth in Section 3.3 above.

4.11 Requirement of Sufficient Water Supply for Residential Subdivisions.

Any and all tentative subdivision maps approved for the Project shall comply with Government Code section 66473.7, if, and to the extent, required by Government Code Section 65867.5.

5. IMPACT FEES.

5.1 Development Impact Fees. Owners shall pay all Development Impact Fees pursuant to Chapter 3.75 or other provisions of the Jurupa Valley Municipal Code (“DIF”).

The DIF in existence on the Effective Date at the rates on the Effective Date, shall be the sole DIF to be imposed on parcels within the Property for the first ten (10) years of the Term of this Agreement. The DIF during this ten year period is attached hereto as Exhibit ”D” to this Agreement. Thereafter, the DIF and rates of DIF shall be those in effect as of the date of issuance of each building permit for the Project or such other time as the DIF may be paid as required by law. The DIF shall apply only to the City’s DIF and not to the Transportation Uniform Mitigation Fees (“TUMF”), any similar regional impact fees described herein or to any other development impact fees imposed by another governmental agency not under the control, directly or indirectly, of the City. All persons or entities holding title or interest in any portion of the Property, including all successors and assigns of Owners shall be separately responsible for payment of any and all DIF in the amount shown in Exhibit ”D” or as required by this Section for that portion of the Property developed by such person or entity and shall not be responsible for payment of any DIF related to other portions of the Property. Owners shall be entitled to such credits as might be available pursuant to the terms of the DIF or other provisions of the Applicable Regulations and this Agreement. The financing of the acquisition of any Public Improvement through a CFD shall not preclude the grant of credits against any DIF otherwise available with respect to the Public Improvement pursuant to the Applicable Regulations and this Agreement.

5.2 TUMF Fees. Pursuant to Chapter 3.70 of the Jurupa Valley Municipal Code, the TUMF shall be imposed upon Development within the Property at the rate in effect as of the date of issuance of each building permit for the Property or such other time as the fees may be paid as required by law. Owners shall be entitled to such credits as might be available pursuant to the terms of Chapter 3.70 of the Jurupa Valley Municipal Code or the terms of the future allowable fees. Owners acknowledges and understands that TUMF is collected and administered by the Western Riverside Council of Governments and not by the City. All persons or entities holding title or interest in any portion of the Property, including all successors and assigns of Owners shall be separately responsible for payment of any and all TUMF for that portion of the Property developed by such person or entity and shall not be responsible for payment of any TUMF related to other portions of the Property.

5.3 MSHCP Fees. Pursuant to Chapter 3.80 of the Jurupa Valley Municipal Code, Western Riverside County Multi-Species Habitat Conservation Plan Fees (“MSHCP Fee”), the MSHCP Fee shall be imposed upon Development within the Property at the rate in effect as of the date of issuance of each building permit for the Property or such other time as the fees may be paid as required by law. Owners shall be entitled to such credits as might be available pursuant to the terms of Chapter 3.80 of the Jurupa Valley Municipal Code. Owners acknowledges and understands that the MSHCP Fee is administered by the Riverside Conservation Agency and not by the City. All persons or entities holding title or interest in any Draft: 8-22-24
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portion of the Property, including all successors and assigns of Owners shall be separately responsible for payment of any and all MSHCP Fee for that portion of the Property developed by such person or entity and shall not be responsible for payment of any MSHCP Fee related to other portions of the Property.

5.4 Other Regional Development Impact Fees. Owners shall pay other regional development impact fees, or any other development impact fees imposed by another governmental agency imposed upon Development within the Property at the rate in effect as of the date of issuance of each building permit for the Property or such other time as the fees may be paid as required by law.

5.5 Application/Processing Fees. Owners shall pay the application and processing fees for applications for entitlements and permits 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, which fees are designed to reimburse City’s expenses attributable to processing such applications for entitlements, permits, or both.

5.6 Community Benefit Contributions. In consideration of the benefits received by Owners pursuant to the terms of this Agreement, Owners shall pay to City the following Community Benefit Contributions (“CBCs”):

5.6.1 General Municipal Services Contribution.

5.6.1.1 In partial consideration of the benefits provided to Owners under this Agreement and pursuant to the Project Approvals, Owners and its successors shall pay to the City a General Municipal Services Contribution of 1) one thousand dollars ($1,000) per unit Single Family Residential Unit, and 2) seven hundred dollars ($700) per unit for both Multi-Family Residential Units--Medium Density and Multi-Family Residential Units--High Density.

5.6.1.2 The one-time fees specified in this Section shall be payable prior to the issuance of a building permit for the unit (“Services Contribution CBC”).

5.6.1.3 The City may use the contribution for general municipal purposes in order to mitigate the fiscal impact of the Project upon general municipal services.

5.6.2 Annual Public Safety Benefit Contribution.

5.6.2.1 As established in Section 5.7 of this Agreement, upon the creation of the CFD and the levying of special taxes through the CFD, the CFD shall pay to the City an annual Public Safety Benefit Contribution in the initial amount of, subject to the provisions of this Section 5.6.2:

5.6.2.1.1 Three hundred forty three dollars
($343) per Single-Family Residential Unit;

5.6.2.1.2 Two hundred eight dollars ($208)
per Multi-Family Residential Unit--Medium Density;
Draft: 8-22-24
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5.6.2.1.3 One hundred twenty four dollars
($124) per Multi-Family Residential Unit--High Density;

5.6.2.1.4 Two and two tenths cents ($.022) per
square foot of the designated building area of all buildings constructed on Light Industrial property as designated in the Project Approvals;

5.6.2.1.5 Eight and four tenths cents ($.084)
per square foot of the designated building area of all buildings constructed on Business Park property as designated in the Project Approvals;

5.6.2.1.6 Seven cents ($.070) per square foot
of the designated building area of all buildings constructed on Other Nonresidential property as designated in the Project Approvals. Public schools, public recreational facilities and other public facilities are exempt from this Public Safety Benefit Contribution.

5.6.2.2 No special tax shall be levied on undeveloped
property.

5.6.2.3 The Annual Public Safety Benefit Contribution may be used for the following services: (1) police protection services; (2) fire protection services; (3) ambulance and paramedic services; and (4) acquisition of land and construction of public safety facilities.

5.6.2.4 The first Public Safety Benefit Contribution shall be levied by the CFD in the first tax year following the issuance of a building permit for each type of property listed in Section 5.6.2 solely on parcels where a Certificate of Occupancy has been issued. Thereafter, the Public Safety Benefit Contribution shall be levied by the CFD on the property in perpetuity. Commencing July 1st of City’s second fiscal year in which the Public Safety Benefit Contribution is being levied by the CFD, and annually thereafter, the Public Safety Benefit Contribution amount shall automatically increase by the percentage change in the Consumer Price Index (All Urban Consumers; Riverside-San Bernardino-Ontario). The calculation of the percentage change in the Consumer Price Index shall be made using the month of May over the month of May in the prior year and shall have a minimum annual increase of two percent (2%) and a maximum annual increase of six percent (6%). The special tax for the Public Safety Benefit Contribution shall be designated by the CFD, and referred to herein as “Special Tax A” of the CFD.

5.6.3 Annual Facilities Benefit Contribution.

5.6.3.1 As established in Section 5.7, upon the creation of the CFD and the levying of special taxes through the CFD, the CFD shall pay to the City an Annual Facilities Benefit Contribution in the initial amount of, subject to the provisions of this Section

5.6.3:

5.6.3.1.1 Three hundred twenty dollars ($320) per
Single-Family Residential Unit;
Draft: 8-22-24
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5.6.3.1.2 Two hundred thirty dollars ($230) per MultiFamily Residential Unit--Medium Density;

5.6.4.1.3 One hundred forty dollars ($140) per MultiFamily Residential Unit--High Density; and

5.6.3.1.4 Three cents ($0.03) per square foot of the
designated building area of all buildings constructed on Business Park property, Light Industrial Logistics property, and Other Non-residential property as designated in the Project Approvals.

5.6.3.2 The Annual Facilities Benefit contribution would be used for the design and construction of public facilities for the City, including, but not limited, to those public facilities described on the City’s Capital Improvement Plan, as currently adopted or hereafter amended.

5.6.3.3 The first Facilities Benefit Contribution shall be levied by the CFD in the first tax year following the issuance of a building permit for each type of property listed in Section 5.6.3 above, solely on parcels where a Certificate of Occupancy has been issued.

Thereafter, the Facilities Benefit Contribution shall be levied by the CFD on each Parcel for a period of fifty (50) years from the date of the building permit issuance. Commencing July 1st of the City’s second fiscal year in which the Facilities Benefit Contribution is being levied by the CFD, and annually thereafter, the Facilities Benefit Contribution amount shall automatically increase by two percent (2.00%). The special tax for the Facilities Benefit Contribution shall be designated by the CFD, and referred to herein as “Special Tax B” of the CFD.

5.7 Community Facilities District--Community Benefit Contributions.

5.7.1 Owners acknowledges and agrees that the obligations described in Section 5.6 are required by the terms of the Development Approvals and Owners’ obligation to satisfy the obligations of Sections 5.6.2 and 5.6.3. Such obligations may be satisfied by the formation of one or more CFDs. If the City, or a City-controlled public entity, elects not to form the CFD described in this Section 5.7, then City acknowledges and agrees that the CBC established in Sections 5.6.2 and 5.6.3 shall not be imposed upon the Owners, any Transferee of Owners (as provided in Section 12 of this Agreement) or any End User of any portion of the Property. If the Owners fail to file a petition for a CFD or fails to vote in favor of the CFD as described in Section 5.7.2 and 5.7.3, or if the CFD is invalidated by a court of law or is subsequently repealed by the Owners, any Transferee of Owners (as provided in Section 12 of this Agreement) or any End User of any portion of the Property shall remain obligated to pay the CBC obligations of Section 5.6.2 and 5.6.3.

5.7.2 No public entity other than the City or a City-controlled public entity, may form a CFD for the CBCs.

5.7.3 Owners may satisfy its obligations concerning Sections 5.6.2 and

5.6.3 through (i) filing a Petition and Waiver with City to initiate formation of a CFD, or annexation to an appropriate CFD, if one already exists; (ii) voting in favor of such CFD; and (iii) paying all costs associated with the formation of, or annexation to, a CFD.

Draft: 8-22-24
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5.7.4 The City and Owners shall work cooperatively to complete the CFD within twelve (12) months following the date the Owners’ requests the formation of such CFD. City agrees to use reasonable efforts to develop and implement the CFD(s) subject to public hearing and election requirements of applicable State law.

5.7.5 The Maximum Special Tax for services shall be increased each fiscal year based on the increases in contributions described in Section 5.6.

5.7.6 The maximum effective tax rate for assessor’s parcels within each CFD for the Project, including those described in this Section 5.7 and Section 6.5 may not exceed two percent (2.0%) of the reasonably expected value of the parcel with planned vertical improvements determined at the time of formation of the CFD in accordance with the Community Facilities District Policy.

5.7.7 No building permit for any building within the Project Area shall be issued unless and until the Owners have fulfilled their obligations with respect to the formation of the CFD described in this Section 5.7.

5.8 Commercial Truck Enforcement.

5.8.1 Effective enforcement of the City’s Truck Ordinances is essential to the success of the Project and Richland and lessees of non-residential properties in the Project must take responsibility to ensure trucks servicing their buildings comply with the City’s Truck Ordinances.

5.8.2 As used in this section, “Truck Ordinances” shall mean those provisions of the Jurupa Valley Municipal Code regulating parking of and use of trucks on City streets, including but not limited to, Chapter 12.25, Parking Restrictions, and Section

12.35.020, Permissible Vehicle Weight on Streets, Roads, Highways, and Bridges; Truck Routes, as those provisions now exist or may hereafter be amended or modified.

5.8.3 City will fund commercial truck enforcement with incoming revenues from the Public Safety Benefit Contribution described in Section 5.6.3.

5.8.4 With respect to trucking companies and truck drivers providing transportation services to their respective properties, Richland, for itself, and all successors, assigns, and lessees of non-residential properties shall: 1) Notify all truck companies and truck drivers that they must comply with City’s Truck Ordinances through means and text approved by the Director of Community Development; 2) be jointly liable with trucking companies and truck drivers for violations of the City’s Truck Ordinances; and 3) be subject to administrative citations pursuant to Jurupa Valley Municipal Code Chapter 1.20, Administrative Penalties, and other applicable City remedies for violation of these provisions.

5.8.5 With respect to trucking companies and truck drivers providing transportation services to their respective properties, Richland, for itself, and all successors, assigns, and lessees of non-residential properties hereby consent to the City’s use of cameras and other technologies on public streets to identify truck or other vehicles originating from or traveling to non-residential properties within the Project that are in violation of the City’s Truck Ordinances.

Draft: 8-22-24
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5.9 City Right of First Refusal for Planning Area 14. City shall have the right of first refusal to purchase Planning Area 14 as shown on the Project Approvals in accordance with the terms set forth in Exhibit F, City Right of First Refusal Agreement for Planning Area

14. The term of this right of first refusal shall be for five (5) years following the date on which the Parties have fully-executed the Right of First Refusal Agreement (“Execution Date”).

Nothing in this Section 5.10 shall prevent Richland from selling Planning Area 14 within the first five years of the Execution Date, provided the City declines to exercise its right of first refusal.

The City Manager shall have authority to execute the Right of First Refusal Agreement and the Memorandum of Right of First Refusal Agreement on behalf of the City in substantially the forms attached hereto as Exhibit F. The City Manager is authorized to give notice of the City’s intent to purchase Planning Area 14, provided, however, that such notice does not obligate the City to purchase Planning Area 14 unless and until the City Council approves the purchase of Planning Area 14.

5.10 Owners Construction of Equestrian and/or Recreational Facilities.

5.10.1 Owners shall, at their sole cost and expense, construct an Equestrian tie-up area and watering station at community park (Planning Area 18). The equestrian facilities described in this Section 5.10.1 shall be completed and open to the public prior to the issuance of the five hundredth (500th) building permit for the Richland Property.

5.10.2 Owners shall contribute to the City an additional three hundred twenty five thousand dollars ($325,000.00) for new or existing parks and/or recreational facilities and/or additional equestrian-oriented facilities, as determined by the City in its sole discretion, within the Rubidoux/Sunnyslope Area of the City (defined as City Council District 4 as of the Effective Date) prior to issuance of the five hundredth (500th) building permit for the Richland Property.

5.10.3 City shall not grant any building permits for the Project beyond the thresholds established in this Section 5.10 unless and until the equestrian facilities described in Section 5.10.1 are completed and open to the public and the contribution required by Section

5.10.2 has been made to the City.

5.11 Owners Contribution for Master Planning Activities for Rubidoux Area.

Owners shall make a one-time payment to the City of two hundred thousand dollars ($200,000.00) to be used by the City, in its sole discretion, for master planning activities in the Rubidoux Area (defined as District 4 as of the Effective Date), including but not limited to, the North Rubidoux Master Plan and the Downtown Rubidoux Master Plan. This payment shall be made to the City prior to the issuance of the first building permit for a residential unit on the Richland Property.

5.12 Administrative Fee. Owners shall pay to City a one-time administrative fee in the amount of fifty thousand dollars ($50,000) thirty (30) calendar days after the Effective Date of the of this Agreement.

Draft: 8-22-24
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6. OBLIGATIONS OF THE PARTIES.

6.1 Owners’ Obligation to Construct Public Improvements.

6.1.1 Except as provided in Section 6.2, Owners shall, at Owners’ sole cost and expense, design, construct, install, and finally complete the Public Improvements described in the Project Approvals to be dedicated or conveyed to a public agency (“Public Improvements”).

6.1.2 The design, construction, installation, and final completion of the Public Improvements shall be in conformance with the Applicable Regulations in effect on the Effective Date. The City Engineer shall approve, in writing, all Plans and Specifications for construction, installation, and final completion of the Public Improvements.

6.1.3 Except as otherwise provided in this Agreement, the Public Improvements shall be completed at such time as set forth in the Project Approvals.

6.1.4 The Parties shall enter into City’s standard subdivision improvement agreement, or an applicable modification thereof, for the completion of the Public Improvements.

6.1.5 Owners 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 (to the extent applicable), including, without limitation, all applicable federal, state and local occupation, employment, prevailing wage, safety and health laws, rules, regulations, and standards. Owners shall indemnify, defend, and hold the Indemnified Parties (as defined in Section 8.1) 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 Owners or its contractor(s) or agents to comply with such laws, rules, regulations, and standards. Owners’ indemnity obligations set forth in this Section 6.1 shall survive the termination or expiration of this Agreement.

6.1.6 Maintenance of City Public Improvements. City shall maintain all City Public Improvements, pursuant to a maintenance CFD described in Section 6.3, unless City and Owners have entered into one or more Operating Memoranda pursuant to Section 3.4.4 designating Owners, or a property owners association formed by Owners (“POA”), to maintain a component of the City Public Improvements. Notwithstanding the foregoing, City shall maintain all flood control retention basins.

6.1.7 Maintenance of Public Improvements from Other Public Agencies.

The Project Approvals provide for the design and construction of public improvements for other public entities, including but not limited to Jurupa Area Parks and Recreation District, Jurupa Community Services District, and Riverside County Flood Control District. It shall be the responsibility of the Owners to meet with such other public entities and determine their respective maintenance responsibilities.

6.2 Easements. City shall grant such easements over City property as are reasonably needed for the Development of the Property provided such easements do not impede or interfere with public services provided on such properties. Owners shall grant to City such easements over its property as are reasonably needed for the construction and maintenance of the Draft: 8-22-24
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Public Improvements, except to the extent such easements would have a material adverse economic effect on the Development. Such grants shall be at no additional cost to the Parties.

6.3 Community Facilities District - Public Improvements, Fees and Maintenance.

6.3.1 Request for Public Improvement CFD. Owners may request in writing that the City or another public entity establish a CFD, or annex to an existing CFD (“Alternate CFD”) that is authorized to levy a special tax (the “Facilities Special Tax”) and issue bonds to: 1) finance the design, construction, installation, and final completion of the Public Improvements, as required by the Project Approvals and this Agreement; 2) pay for City DIF, TUMF, MSHCP Fee, the City’s Affordable Housing In-Lieu Fee, one-time Community Benefit Contributions pursuant to Section 5, agency fees, or regional fees; and 3) any other facilities pursuant to Joint Community Facilities Agreements (“JCFA”) with other public agencies.

Unless as otherwise stated in this Section 6.3, the provisions of Section 6.3 are exclusive to a City Formed CFD or an Alternate CFD, and do not apply to the CFD provisions of Sections 5.6 and 5.7. Owners shall vote in favor of a City CFD or Alternate CFD. City agrees to use good faith efforts to enter into one of more JCFA(s). In the event Owners requests a public entity other than the City, or a City-controlled public entity, to establish a CFD or annex to an existing CFD for Public Improvements as described in this Section 6.3.1, the Owners shall not vote in favor of such a CFD or annexation unless there is sufficient capacity under the maximum special tax rate described in Section 6.5.3 to provide for the Special Tax A and Special Tax B described in Section 5.7. The Owners acknowledges and agrees that a similar provision will also be added to any JCFAs between the City and another public entity.

6.3.2 Request for Maintenance CFD. Owners shall request in writing that the City establish a CFD, or annex to an existing City CFD, pursuant to the Mello Roos Community Facilities District Act, for the purpose of funding the annual costs of maintenance of the City Public Improvements described in this Section 6.3.2. This CFD may be separate from the CFD formed pursuant to Section 6.3.1 or a separate special tax may be authorized for the CFD established pursuant to Section 6.3.1 to fund the annual maintenance costs specified in this Section 6.3.2. Exhibit E sets forth the units of benefit by land use type (“Land Use Type”) which will be used to determine the special tax for maintenance based on the City Public Improvements to be maintained by the City (the “Maintenance Special Tax”) and the size and components of those improvements (“Benefit Units”). Parcels of Taxable Property (as defined in the Rate and Method of Apportionment for the Maintenance Special Tax) shall be assigned the appropriate Benefit Unit(s) contained in the Table shown in Exhibit E based upon each parcel’s assignment to the appropriate Land Use Type. The cost per Benefit Unit shall be calculated based upon the total budget for required maintenance (including but not limited to actual costs, reserves, contingency, administration, and County fees), divided by the total number of Benefit Units for Taxable Property. The Maintenance Special Tax shall be levied upon and collected from each such parcel for each fiscal year based on the Benefit Units which are assigned to the parcel as a result of its assignment to the appropriate Land Use Type. The first Maintenance Special Tax shall be levied by the CFD in the first tax year following the issuance of a building permit for each type of property listed in Exhibit E, but solely on parcels where a Certificate of Occupancy has been issued. Thereafter, the Maintenance Special Tax shall be levied by the CFD on the property in perpetuity.

Draft: 8-22-24
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6.3.3 Annual Increase in Maintenance Special Tax. Commencing July 1st of City’s second fiscal year in which the Maintenance Special Tax are being levied, and annually thereafter, the Maintenance Special Tax shall automatically increase by the percentage change in the Consumer Price Index (All Urban Consumers; Riverside-San Bernardino-Ontario) or three percent (3%), whichever is greater, provided however, the costs of electricity shall be assessed at its actual cost. The calculation of the percentage change in the Consumer Price Index shall be made using the month of May over the month of May in the prior year.

6.3.4 No public entity other than the City or a City-controlled public entity, may form a CFD for maintenance of the City Public Improvements.

6.3.5 Annual Increase in Facilities Special Tax. The Facilities Special Tax shall escalate two percent (2.00%) annually.

6.3.6 Maximum Special Tax. City agrees that the maximum effective tax rate for assessor’s parcels within each City CFD or Alternate CFD, including the CFD specified in Sections 5.6 and 5.7, including, without limitation, all overlapping debt, may not exceed two percent (2.0%) of the reasonably expected value of the parcel with planned vertical improvements determined at the time of formation of the CFD(s) in accordance with the City’s Community Facilities District Policy.

6.3.7 Processing CFD; Viability of CFD. City agrees to use reasonable efforts to develop and implement all CFD(s) subject to public hearing and election requirements of applicable State and, if tax-exempt bonds are to be issued, Federal law, the Applicable Regulations and the customary and reasonable industry standards for the development of such financings for CFD(s). Owners and City acknowledge and agree that the establishment of a CFD for facilities and the issuance of bonds supported by the special taxes are dependent on many factors that are not known at this time. The viability of the financing, the amount of special taxes for debt service, and available bond proceeds will be dependent on several factors existing at the time the bonds are sold, including, but not limited to, the financial markets, interest on tax exempt financings, housing market, value of homes in the area, absorption rates for home sales in the area, and bond underwriting criteria.

6.3.8 Commencement of Proceedings. City agrees that upon receipt of Owners’ written request and application and the deposit with City of sufficient funds to pay the City’s costs to undertake the proceedings to establish any particular CFD, City shall conduct proceedings to establish the respective CFD(s) and Owners shall cooperate in the conduct of such proceedings. Owners acknowledges that this Agreement cannot obligate the City Council to establish the CFD(s) at the conclusion of those proceedings. In the event the City Council does not approve the CFD for the financing of facilities and fees, the Owners may seek an alternative agency (or agencies) to form a CFD for the Property.

6.3.9 Maximum CFD Proceeds. Owners acknowledges and agrees that the CFDs shall expressly provide that Owners shall not be entitled to receive more proceeds from the CFDs than its actual costs to complete the Public Improvements in order to always stay below the limits in Labor Code Section 1720(c)(2).

6.3.10 Obligation to Construct and Maintain Public Improvements Exist Whether or Not CFD or Assessment District Established. Owners acknowledges and agrees that the Owners’ obligations to design, construct, install and maintain the Public Improvements, as Draft: 8-22-24
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required by the Project Approvals and this Agreement, or City DIF, TUMF, MSHCP Fee, agency fees, or regional fees (excluding the CBCs specified in Sections 5.6.2 and 5.6.3) described in this Section 6 are required by the terms of the Project Approvals and this Agreement and that the obligations shall continue to exist whether or not a CFD is established to facilitate the construction and maintenance of the Public Improvements and whether or not the CFD is repealed by an initiative measure or invalidated by a final judgement of a court of law, subject to the timing requirements specified in Sections 5.6.2.2 and 5.6.3.2.

6.3.11 No Building Permits Until Owners Fulfill Their Obligations Under this Section. No building permit for any building within the Project Area shall be issued unless and until the Owners have fulfilled their obligations with respect to the formation of the CFD described in this Section 6.3.

6.4. Richland’s Obligation to Restrict Use of Planning Areas 21 A-E for Open Space and the Preservation of the Palmer’s Oak; Endowment

6.4.1 Prior to the issuance of a certificate of occupancy for any residential unit not located in the Monte Vista Property, Richland shall record on Planning Area 21 A -E, as described in the Specific Plan, an open space deed restriction or open space easement, as approved in writing by the City Manager prior to recordation, limiting the use of the property to open space and preservation of the Palmer’s Oak (“Open Space Property”). The documents imposing the deed restrictions or open space easement on the Open Space Property shall be approved by the City Manager in writing prior to recordation.

6.4.2 Prior to the issuance of a certificate of occupancy for the one hundred seventieth (170) residential unit of the Specific Plan or grading permit for an Industrial Building in Planning Areas 13 or 15 whichever occurs first, a local non-profit conservation entity shall be identified by Richland, subject to the written approval of the City Manager, which shall be responsible for the maintenance and conservation of the Planning Area 21-D of the Open Space Property and the Palmer’s Oak (“Conservation Entity”). Within two weeks of the approval of the Conservation Entity, or as extended by the City Manager, Richland shall convey (by land dedication, conservation easement or other means) Planning Area 21-D of the Open Space Property (“PA 21-D Property”) to the Conservation Entity free of liens and encumbrances other than the restriction limiting the use of the property to open space and preservation of the Palmer’s Oak. The documents conveying PA 21-D Property to the Conservation Entity shall be approved by the City Manager in writing prior to recordation. Until such time that PA 21-D Property is conveyed to Conservation Entity, Richland shall continue to maintain, preserve and provide security services for the PA 21-D Property.

6.4.3 Prior to or upon issuance of a Grading Permit for PA 13 or PA 15 as described in the Specific Plan, Richland shall convey PA 21-D Property to the Conservation Entity. Prior to or upon conveyance of the PA 21-D Property to the Conservation Entity, Richland shall pay to the Conservation Entity the sum of two hundred fifty thousand dollars ($250,000.00) to be used as an endowment for the maintenance and conservation of the PA 21-D Property and the Palmer’s Oak subject to such terms as may be approved in writing by the City Manager.

Draft: 8-22-24
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6.4.4 Prior to the issuance of a Certificate of Occupancy for PA 13 or PA 15, Richland shall form a Homeowners Association (HOA) to serve the residential Planning Areas, except for Planning Area 7 on the Monte Vista Property, and a Business Association to serve the Light Industrial and Business Park Planning Areas. All applicable associations shall be required to share in the funding of the conservation entity for the ongoing maintenance of the PA 21-D property and the Palmer Oak in perpetuity. Additional or in-lieu funding, such as a Community Facilities District (CFD) or endowment, are also acceptable funding mechanisms subject to the written approval of the City Manager. Richland and Conservation Entity shall enter into a separate funding agreement which details. at minimum, maintenance costs, specific services and frequencies, method of funding these costs, and timing of payments subject to the prior written approval of the agreement by the City Manager. Any amendments thereto shall also be approved by the City Manager prior to approval of the amendment.

7. CITY’S OBLIGATIONS.

7.1 Property Approvals Independent. All approvals required for the Property which may be or have been granted, and all land use entitlements or approvals generally which have been issued or will be issued by City with respect to the Property, constitute independent actions and approvals by City. If any provision of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if this Agreement terminates for any reason, then such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any such Property Approvals or other land use approvals and entitlements. In such cases, such approvals and entitlements will remain in effect pursuant to their own terms, provisions, and the Conditions of Approval. It is understood by the Parties to this Agreement that pursuant to existing law, if this Agreement terminates or is held invalid or unenforceable as described above, such approvals and entitlements shall not remain valid for the Term, but shall remain valid for the term(s) of such approvals and entitlements.

7.2 City Cooperation. City staff shall work cooperatively with Owners to assist in coordinating the expeditious processing and consideration of all necessary permits, entitlements and approvals. To the extent City or City’s designee is unable to process and consider permits, entitlements and approvals in an expeditious manner, Owners shall pay to the City the costs of hiring temporary Staff or retaining an outside contractor to assist City in the expeditious processing and consideration of all necessary permits, entitlements and approvals.

7.3 No Action to Impede Project Approvals. City shall take no action or impose any condition that would conflict with this Agreement or the Project Approvals. Any action taken or condition imposed shall be deemed to be “in conflict with” this Agreement or the Project Approvals if such actions or conditions result in one or more of the circumstances identified in Section 4.6.

7.4 Processing During Third-Party Litigation. The filing of any third-party lawsuit(s) against the City or Owners relating to this Agreement, the Project Approvals, or other development issues affecting the Project or the Property, shall not delay or stop the development, processing or construction of the Project or the issuance of Subsequent Project Approvals unless the third party obtains an injunction or other court order preventing the activity.

Draft: 8-22-24
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8. INDEMNIFICATION.

8.1 Litigation to Set Aside, Void, or Annul the Agreement. Owners shall indemnify and hold harmless City, its affiliated agencies and districts, their agents, officers, consultants, contractors, attorneys, and employees (“Indemnified Parties”) from and against any claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons against the Indemnified Parties brought by a Third-Party to set aside, void, or annul the approval of this Agreement or the Project Approvals (not including Subsequent Project Approvals) (“Third-Party Initial Challenge”). Any subsequent challenge to this Agreement or Subsequent Project Approvals is a “Third-Party Challenge”.

Concerning any Third-Party Challenge, only the Owners which filed the development application subject to the Third-Party Challenge (the “Challenged Owner”) shall indemnify and hold harmless the Indemnified Parties from and against any claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons against the Indemnified Parties brought by a Third-Party to set aside, void, or annul the approval of this Agreement or any Subsequent Project Approval. Notwithstanding the provisions of Section 12.1.1 of this Agreement, the Challenged Owner’s obligation pursuant to this Section 8.1 is not a benefit or burden running with the land and shall not be assigned to any person without the prior express written consent of City, unless a transfer or assignment is made pursuant to Section 12 of this Agreement. The Challenged Owner’s duties under this Section 8.1 are solely subject to and conditioned upon the Indemnified Parties written request to Challenged Owner to indemnify the Indemnified Parties. The Challenged Owner shall deposit the expected costs of defense, as reasonably determined by the City Attorney, with City within ten (10) business days of notice from City of the claim and shall add to the deposit within ten (10) business days from the request of City. Without in any way limiting the provisions of this Section 8.1, the Parties agree that this Section 8.1 shall be interpreted in accordance with the provisions of California Civil Code Section 2778 in effect as of the Effective Date. The filing of any Third-Party Initial Challenge or Third-Party Challenge shall not delay or stop the Development, processing or construction of the Project or the issuance of Subsequent Project Approvals unless the Third-Party obtains an injunction or other court order preventing the activity. City may not settle any Third-Party Initial Challenge or Third-Party Challenge without Owners’ or Challenged Owner, as applicable, prior written consent. The Term, the obligations imposed pursuant to this Agreement and the expiration date of the Project Approvals and Subsequent Project Approvals shall be extended day for day for any delay arising from or related to a Third-Party Initial Challenge or Third-Party Challenge until the date on which the ThirdParty Initial Challenge or Third-Party Challenge is finally resolved, via a final non-appealable judgment, voluntary or involuntary dismissal (and the passage of any time required to appeal an involuntary dismissal), or binding written settlement agreement.

8.2 Other Litigation. Notwithstanding Section 8.1, and as a separate and distinct obligation of Owners, to the fullest extent permitted by law, Owners shall defend (with counsel of City’s choosing regarding counsel who shall represent the City), indemnify and hold the Indemnified Parties free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Owners, its officials, officers, employees, contractors, subcontractors, Owners’ or agents in connection with the performance of the Owners’ obligations under this Agreement or the Project, including without limitation the payment of all damages, expert witness fees and attorneys’ fees and other related costs and Draft: 8-22-24
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expenses. Owners’ obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Owners, the Indemnified Parties. Except for a Third-Party Challenge to the Project Approvals or this Agreement, the indemnity obligation specified in this Section 8.2 shall not apply to an Owner which has not submitted development applications which are subject to such litigation.

8.2.1 Owners’ duties under this Section 8.2 are solely subject to and conditioned upon the Indemnified Parties’ written request to Owners to indemnify the Indemnified Parties.

8.2.2 Owners shall deposit the expected costs of defense, as reasonably determined by the City Attorney, with City within ten (10) business days of notice from City of the claim and shall add to the deposit within ten (10) business days from the request of City.

8.2.3 Without in any way limiting the provisions of this Section 8.2, the Parties agree that this Section 8.2 shall be interpreted in accordance with the provisions of California Civil Code Section 2778 in effect as of the Effective Date.

9. PERIODIC REVIEW OF COMPLIANCE WITH AGREEMENT.

9.1 Periodic Review. The Parties shall review this Agreement at least once every 12-month period from the Effective Date of this Agreement. City shall notify Owners in writing of the date for review at least thirty (30) calendar days prior thereto. Such periodic review shall be conducted in accordance with Government Code Section 65865.1.

9.2 Good Faith Compliance. During each periodic review, Owners shall be required to demonstrate good faith compliance with the terms of this Agreement. Owners shall furnish such reasonable evidence of good faith compliance as City, in the exercise of its reasonable discretion, may require. If requested by Owners, City shall provide to Owners, a certificate that Owners or a duly authorized Estoppel Certificate pursuant to the provisions of Section 13 of this Agreement.

9.3 Failure to Conduct Annual Review. City’s failure to conduct the annual review shall not be an Owners default. Further, Owners shall not be entitled to any remedy for City’s failure to conduct the annual review.

9.4 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 Owners. Within thirty (30) calendar days following receipt of such notice, Owners shall submit evidence to the City Council of Owners’ good faith compliance with this Agreement and such review and determination shall proceed in the same manner as provided for the annual review.

The City Council shall initiate its review pursuant to this Section 9.4 only if it has probable cause to believe City’s general health, safety, or welfare is at risk as a result of specific acts or failures to act by Owners.

9.5 Administration of Agreement. Any final decision by City staff concerning the interpretation and administration of this Agreement and Development of the Property in accordance with this Agreement may be appealed by Owners to the City Council, provided that any such appeal shall be filed with the City Clerk within ten (10) business days after Owners receives written notice that the staff decision is final. The City Council shall render its decision Draft: 8-22-24
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to affirm, reverse, or modify the staff decision within thirty (30) calendar days after the appeal was filed. The decision of the City Council as to the administration of this Agreement shall be final and is not appealable. The foregoing notwithstanding, breaches of this Agreement are subject to judicial relief as provided in this Agreement.

9.6 Availability of Documents. If requested by Owners, City shall provide to Owners copies of any documents, reports, or other items reviewed, accumulated, or prepared by or for City in connection with any periodic compliance review by City except for matters protected from disclosure by the attorney client or attorney work product privileges.

10. DEFAULT; REMEDIES; DISPUTE RESOLUTION.

10.1 Notice of Default. In the event of failure by a Party substantially to 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 such 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 said default may satisfactorily be cured.

10.2 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 such default not later than ten (10) business 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 such breach may not reasonably be cured within such thirty (30) calendar day period, then a default shall exist only if the cure of such breach is not commenced within such thirty (30) calendar day period or thereafter is not diligently prosecuted to completion.

10.3 Owners’ Remedies. Due to the size, nature, and scope of the Property and the Development, it will not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, Owners may be foreclosed from other choices it may have had to utilize the Property and provide for other benefits. Owners have 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 and Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money that would adequately compensate Owners for such efforts. For the above reasons, the Parties agree that damages would not be an adequate remedy if City fails to carry out its obligations under this Agreement and that Owners 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 of this Agreement. Therefore, Owners specifically agree that they have no authority under this Agreement or otherwise to seek monetary damages against City for any breach of this Agreement by City, and shall not to seek monetary damages against City for breach of this Agreement.

10.4 City Remedies. In the event of an uncured default by one or more Owners of the terms of this Agreement, City, at its option, may institute legal action in law or in equity Draft: 8-22-24
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against Owners to cure, correct, or remedy such 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, in the event of a material default by one or more Owners, may give notice of its intent to terminate or modify this Agreement pursuant to this Agreement and/or the Development Agreement Legislation, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in this Agreement or the Development Agreement Legislation.

10.5 Judicial Review.

10.5.1 Subsequent Land Use Entitlements. Based on the foregoing, in the event Owners 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 authority and rights reserved and excepted as provided in Section 4.2 of this Agreement, Owners shall bear the burden of proof in establishing that such rule, regulation, or policy is inconsistent with the Applicable Regulations, the Project Approvals, or both, and City shall thereafter bear the burden of proof in establishing that such regulation was adopted pursuant to and in accordance with the authority and rights reserved and except as provided in Section 4.2 of this Agreement and was not applied by City in violation of this Agreement.

10.5.2 Collection of Fees or Community Benefit Contributions. City may bring an action against Owners for collection for any development fees due to the City or Community Benefit Contributions due to the City as described in Section 5 within six (6) years from the date the payment was due.

11. MORTGAGEE PROTECTION; CERTAIN RIGHTS TO CURE.

11.1 No Liens on Property as of Effective Date.

11.1.1 Richland warrants and represents to the City that as of the date of recordation of this Agreement there is no mortgage, deed of trust, sale and leaseback arrangement, lien or any other form of pledge of security, purchase and sale agreement, option to purchase other than an option held by an affiliated Richland entity, Richland Planned Communities, Inc., on or affecting the Richland Property or any portion of the Richland Property. If any such lien exists, Richland shall obtain the lien holders or other interested persons consent to this Agreement and a subordination of its interests to this Agreement in a form reasonably acceptable to the City Manager and City Attorney that shall be recorded as part of this Agreement. The fully executed Consent and Subordination Agreement of Richland Planned Communities, Inc., with respect to this Agreement is attached hereto as Exhibit G.

11.1.2 Except for the deed of trust of Infinity Bank on the Monte Vista Property, Monte Vista warrants and represents to the City that as of the date of recordation of this Agreement there is no mortgage, deed of trust, sale and leaseback arrangement, lien or any other form of pledge of security, purchase and sale agreement, option to purchase, on or affecting the Monte Vista Property or any portion of the Monte Vista Property. If any such lien exists, Monte Vista shall obtain the lien holders or other interested persons consent to this Agreement and a subordination of its interests to this Draft: 8-22-24
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Agreement in a form reasonably acceptable to the City Manager and City Attorney that shall be recorded as part of this Agreement. The fully executed Consent and Subordination Agreement of Infinity Bank with respect to this Agreement is attached hereto as Exhibit H.

11.2 Future Encumbrances on the Property. This Agreement shall not prevent or limit Owners 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.

11.3 Mortgagee Protection. Subject to the provisions of Section 3.4.5, 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 said 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.

11.4 Mortgagee Not Obligated. No Mortgagee will have any obligation or duty under this Agreement to perform the obligations of Owners or other affirmative covenants of Owners hereunder, or to guarantee such 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 Owners 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.

11.5 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 Owners under the terms of this Agreement, at the same time such notice of default is provided to Owners. The Mortgagee shall have the right, but not the obligation, to cure, correct, or remedy the default, within sixty (60) calendar days after the receipt of such notice from City for monetary defaults, or within sixty (60) calendar days after Owners’ cure period has expired for non-monetary defaults, or, for such defaults that cannot reasonably be cured, corrected, or remedied within such period, the Mortgagee may cure, correct, or remedy the default if the Mortgagee commences to cure, correct, or remedy such default within such sixty (60) calendar day period, and continuously and diligently prosecutes such cure to completion. If the default is of a nature that can only be remedied or cured by such Mortgagee upon obtaining possession of the Property, such 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 such time as is reasonably necessary to cure or remedy said default but in no event more than ninety (90) calendar days after obtaining possession. If any such default cannot, with diligence, be remedied or cured within such thirty (30) calendar day period, then such period shall be extended to permit the Mortgagee to effect a cure or remedy so long as Mortgagee commences said cure or remedy during such ninety (90) calendar day period, and thereafter diligently pursues such cure to completion.

Draft: 8-22-24
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12. TRANSFERS OF INTEREST IN PROPERTY OR AGREEMENT.

12.1 Transfers and Assignments.

12.1.1 Restrictions on Transfers. Owners may sell, assign, or otherwise transfer all or any portion of its interests in the Property together with all their right, title, and interest in this Agreement, or the portion thereof that is subject to the transferred portion of the Property, to any Transferee provided that: (i) the Transferee has specifically assumed in writing the obligations, or a portion of the obligations of Owners, to construct the Public Improvements for the Project as provided in the Project Approvals and to comply with the Community Facilities District obligations described in Sections 5.7 and 6.5; and (ii) if applicable, the Transferee has obtained replacement bonds, accepted by City for the Public Improvements (in which event, City shall release Owners’ corresponding Public Improvement bonds).

12.1.2 Notice of Transfer; Agreement. In the event of any sale, assignment, or other transfer pursuant to Section 12.1.1, Owners shall notify City not more than twenty (20) business days after the transfer of the name of the Transferee, together with the corresponding entitlements being transferred to such Transferee and a copy of the Assignment and Assumption Agreement described in Section 12.1.1. In order for Owners to be released from its obligations created in this Agreement Owners and Transferee shall enter into an agreement pertaining to such transfer and shall provide that the Transferee shall be liable for the performance of those obligations of Owners under this Agreement that relate to the Transferred Property, if any, and shall confirm that Owners shall remain liable for the design and construction of Public Improvements pursuant to this Agreement, completed by Owners prior to any such transfer, subject to the provisions of Section 6.1.5.

12.1.3 Termination of Transferring Owners Liability Under Agreement.

Upon entering into the assignment and assumption agreement described in Section 12.1.2, the transferring Owners shall have no liability under this Agreement, or any further obligations created in this Agreement.

12.1.4 Exempt Transfers. Transfers of easements or real property interests that are necessary to provide utility service to the Property or to extend infrastructure to the Property shall not be subject to the foregoing restrictions of Section 12..

12.1.5 Rights and Duties of Successors and Assigns. Subject to the provisions of Section 3.4.5, any, each, and all successors and assigns of Owners shall have all of the same rights, benefits, duties, and obligations of Owners under this Agreement.

13. ESTOPPEL CERTIFICATES.

13.1 Written Request. The Parties may at any time deliver written notice to the other party requesting an estoppel certificate (the “Estoppel Certificate”) stating: (1) this Agreement is in full force and effect and is a binding obligation of the Parties; (2) this Agreement has not been amended or modified either orally or in writing or, if so amended, identifying the amendments; and (3) 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.

Draft: 8-22-24
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13.2 Ten (10) Business Days to Respond. A Party receiving a request for an Estoppel Certificate shall provide a signed certificate to the requesting Party within ten (10) business days after the City Attorney has approved the form of the Estoppel Certificate.

13.3 Authorized Signatories. The City Manager or any person designated by the City Manager may sign the Estoppel Certificates on City’s behalf. Any officer of Owners may sign on Owners’ behalf.

13.4 Reliance. An Estoppel Certificate may be relied on by assignees and mortgagees.

13.5 Failure to Provide Estoppel Certificate. Failure by a Party to provide an Estoppel Certificate within ten (10) calendar days after receipt of the request therefor shall be deemed confirmation that this Agreement is in full force and effect and has not been amended or modified either orally or in writing.

14. MISCELLANEOUS.

14.1 Interest of Owners. Owners represents and warrants that they each have a legal or equitable interest in the Property and, as such, Owners are qualified to enter into and be a party to this Agreement under the Development Agreement Legislation.

14.2 Notices. All notices permitted or required under this Agreement must be in writing and shall be effectuated 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:

To City: City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, California 92509
Attn: City Manager
With a copy to: Richards, Watson & Gershon
350 South Grand Avenue, 37h Floor
Los Angeles, California 90071
Attn: Peter M. Thorson
To Richland: Canadian Pacific Land, LLC, a Florida limited liability company,
RMD Inland Investors, LLC, a Delaware limited liability company
c/o Richland Planned Communities, Inc.
3161 Michelson Drive, Suite 425
Irvine, CA 92612
Attn: Brian Hardy
Draft: 8-22-24
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With a copy to: Rutan & Tucker
3161 Michelson Drive, Suite 425
Irvine, CA 92612
Attn: Alan B. Fenstermacher
To Monte Vista: MV Avalon LLC
5625 Land View Court
Alta Loma, CA 91737
Attention: Steven Landis
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 day from the date it is postmarked if delivered by registered or certified mail.

14.3 Force Majeure. In addition to specific provisions of this Agreement, performance by a 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, supply chain disruptions and delays related to the availability of construction materials and manpower, global pandemics or governmental orders imposed in response to public health crisis, inability of any utility purveyor to provide adequate service to the Project, strikes, labor disputes, lockouts, acts of the public enemy, riots, insurrections, pending litigation, or governmental restrictions imposed or mandated by other governmental entities. The Parties may also extend times of performance under this Agreement in writing. In the event Owners desires to invoke these force majeure provisions, the Owners shall notify City of a force majeure event within thirty (30) calendar days of the event and include a detailed description of the force majeure event and how it affects Owners’ compliance with the terms of this Agreement.

14.4 Binding Effect; Covenants Run with Land. 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 owners of all or any portion of the Property or the Development, and their respective assigns, heirs or successors in interest, whether or not any reference to this Agreement is contained in the instrument by which such 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 hereof shall bind and inure to the benefit of each of the Parties and all successors in interest to the Parties for the term of this Agreement.

14.5 Relationship of Parties. The Parties acknowledge that, in entering into and performing this Agreement, each of the Parties is acting as an independent entity and not as an agent of the other in any respect. The City, Richland and Monte Vista renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained in this Agreement or in any document executed in connection with the Development of the Property shall be construed as making the City, Richland and Monte Vista joint ventures or partners.

Draft: 8-22-24
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14.6 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.

14.7 Nonliability of City Officers and Employees. No City official, officer, employee, agent, or representative, acting in his or her official capacity, shall be personally liable to Owners, 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 City’s part.

14.8 Covenant Against Discrimination. The Parties covenant and agree, for themselves and their respective successors and assigns, that there shall be no discrimination against, or segregation of, any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification as defined by California or Federal law, in the performance of this Agreement. Owners shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. Section 12101 et seq.).

14.9 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 14.9. 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 such 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.

14.10 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.

14.11 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 a 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, “shall” is mandatory, and “may” is permissive.

14.12 Attorneys’ Fees. If legal action is brought by a Party against another for breach of this Agreement, including actions derivative from the performance of this Agreement, or to compel performance under this Agreement, the prevailing Party shall be entitled to an award of its costs, including reasonable attorneys’ fees. Attorneys’ fees under this Section 14.12 shall include attorneys’ fees on any appeal and, in addition, a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs and expenses, including, without limitation, reasonable expert witness fees, incurred in connection with such action. In addition to the foregoing award of attorneys’ fees to the prevailing Party, the prevailing Party in any lawsuit shall be entitled to its attorneys’ fees incurred in any post-judgment proceedings to collect or Draft: 8-22-24
12774-0169\2874886v14.doc -34-
enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement.

14.13 Recordation. This Agreement shall be recorded by City with the County Recorder of Riverside County. Amendments approved by the Parties, and any cancellation or termination of this Agreement, shall be similarly recorded.

14.14 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.

14.15 Time of Essence. 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.

14.16 Entire Agreement. This Agreement, including all exhibits attached hereto, constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous 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.

14.17 Exhibits. Exhibits A – G, identified as follows, are attached to this Agreement and are incorporated into this Agreement as though set forth in full:

Exhibit A Legal Description of Property
Exhibit A-1 Legal Description of Monte Vista Property
Exhibit B Site Map
Exhibit C Template Agreement for Acquisition of Property Government Code Section 66462.5
Exhibit D DIF Schedule for Ten Years After Effective Date Exhibit E Maintenance CFD Units of Benefit by Land Use
Exhibit F City Right of First Refusal Agreement for Planning Area 14 Exhibit G Consent and Subordination Agreement Richland Planned Communities, Inc.

Exhibit H Consent and Subordination Agreement Infinity Bank

14.18 Counterpart Signature Pages. The Parties may execute this Agreement in counterparts, and each of such counterparts for all purposes shall be deemed to be an original, and all of such shall constitute one and the same Agreement.

Draft: 8-22-24
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14.19 Owners’ Representations.

14.19.1 Canadian Pacific Land, LLC and RMD Inland Investors, LLC each warrant and represent that: (i) each is duly organized and existing; (ii) each is duly authorized to execute and deliver this Agreement; (iii) by so executing this Agreement, Canadian Pacific Land, LLC and RMD Inland Investors, LLC are formally bound to the provisions of this Agreement; (iv) Canadian Pacific Land, LLC and RMD Inland Investors, LLC entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which either is bound; and (v) there is no existing or threatened litigation or legal proceeding of which Canadian Pacific Land, LLC and RMD Inland Investors, LLC, or either, is aware that could prevent Canadian Pacific Land, LLC and RMD Inland Investors, LLC from entering into or performing their obligations set forth in this Agreement.

14.19.1 Monte Vista 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, Monte Vista is formally bound to the provisions of this Agreement; (iv) Monte Vista’s entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Owners is bound; and (v) there is no existing or threatened litigation or legal proceeding of which Monte Vista is aware that could prevent Monte Vista from entering into or performing its obligations set forth in this Agreement.

14.20 No Brokers. Each Party represents to the other Parties that it has not engaged the services of any finder or broker and that it is not liable for any real estate commissions, broker’s fees, or finder’s fees that may accrue by means of this Agreement, and shall hold harmless the other party from such commissions or fees as are alleged to be due from the party making such representations.

14.21 Subsequent Amendment to Authorizing Statute. This Agreement has been entered into in reliance upon the provisions of the Development Agreement Legislation in effect as of the Effective Date. Accordingly, subject to Section 4.2, to the extent that subsequent amendments to the Government Code would affect the provisions of this Agreement, such 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.

14.22 Interpretation and Governing Law. The language in all parts of this Agreement shall, in all cases, be construed as a whole and in accordance with its fair meaning.

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, this Agreement shall not be deemed to constitute the surrender or abnegation of City’s governmental powers over the Property. [Signatures begin on next page.]
Draft: 8-22-24
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Draft: 8-22-24
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
“RICHLAND”

CANADIAN PACIFIC LAND, LLC, A

FLORIDA LIMITED LIABILITY

COMPANY
By:

Name:

Title:

By:

Name:

Title:

RMD INLAND INVESTORS, LLC, A

DELAWARE LIMITED LIABILITY

COMPANY
By:

Name:

Title:

By:

Name:

Title:
[NOTE: If the Owner is a corporation, it must be represented by two individuals who shall execute this Agreement on behalf of the corporation as follows: (A) one from the corporation’s “Operational Group” (Chair of the Board, President, or a Vice-President) and; (B) one from the corporation’s “Financial Group” (Secretary, Assistant Secretary, Chief Financial Officer, Treasurer or Assistant Treasurer). A resolution of the Board of Directors designating one individual to sign the agreement on behalf of the corporation will be accepted. See California Draft: 8-22-24
12774-0169\2874886v14.doc -38-
Corporations Code section 313. If the Owner is a limited liability company, limited liability partnership, or partnership, then the managing member of the LLC or the managing partner of the LLP or partnership must sign the Agreement.]
Draft: 8-22-24
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A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature (Seal)
Draft: 8-22-24
12774-0169\2874886v14.doc -40-
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature (Seal)
Draft: 8-22-24
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“MONTE VISTA”
MV AVALON LLC, a California limited
liability company
By:

Name:

Title:

By:

Name:

Title:
[NOTE: If the Owner is a corporation, it must be represented by two individuals who shall execute this Agreement on behalf of the corporation as follows: (A) one from the corporation’s “Operational Group” (Chair of the Board, President, or a Vice-President) and; (B) one from the corporation’s “Financial Group” (Secretary, Assistant Secretary, Chief Financial Officer, Treasurer or Assistant Treasurer). A resolution of the Board of Directors designating one individual to sign the agreement on behalf of the corporation will be accepted. See California Corporations Code section 313. If the Owner is a limited liability company, limited liability partnership, or partnership, then the managing member of the LLC or the managing partner of the LLP or partnership must sign the Agreement.]
Draft: 8-22-24
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A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature (Seal)
Draft: 8-22-24
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“CITY”

CITY OF JURUPA VALLEY,
a California municipal corporation
Guillermo Silva
Mayor
ATTEST:

Victoria Wasko, CMC, City Clerk
APPROVED AS TO FORM:

RICHARDS WATSON & GERSHON
By:

Peter M. Thorson, City Attorney
Draft: 8-22-24
12774-0169\2874886v14.doc

EXHIBIT A
-1-

EXHIBIT A

DESCRIPTION OF PROPERTY
APNs: 175-080-010, 175-090-001, 176-090-002, 175-090-003, 175-090-004, 175-090-005, 175- 100-003, 175-100-005, 175-100-006, 175-150-002, 175-160-001, 175-160-005, 175-160-007, 177-030-012, 177-030-014, 177-040-002, 177-040-003, 177-040-008, 175-080-021 Being in the City of Jurupa Valley, County of Riverside, State of California, more particularly described as follows:

Being portions of Sections 3, and 4, Township 2 South, Range 5 West, San Bernardino Meridian, as shown by Sectionized Survey of the Jurupa Rancho, as shown by map on file in Book 9, Page 33 of Maps, records of San Bernardino County, California, and Sections 9, and 10, Township 2 South, Range 5 West, San Bernardino Meridian, of the map of Block 1 Loma Alta Tract, as shown by map on file in Book 7, Page 3 of Records of Survey, records of Riverside County, California.

Draft: 8-22-24
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EXHIBIT A
-2-
EXHIBIT A-1
LEGAL DESCRIPTION OF MONTE VISTA PROPERTY (PA 7)
APN: 175-080-021
PA 7 OF THE RIO VISTA SPECIFIC PLAN
Being a portion of Tract 1 of map showing the ReSubdivision of a portion of the Lands formerly belonging to The A.C. Armstrong Estate as recorded in Book 6, Page 31 of Maps, in the Office of the Riverside County Recorder, in the City of Jurupa, County of Riverside, State of California, lying within the Northwest Quarter (NW¼) of Section 4, Township 2 South, Range 5 West, San Bernardino Meridian.

Draft: 8-22-24
12774-0169\2874886v14.doc

EXHIBIT B
-1-

EXHIBIT B

SITE MAP
Draft: 8-22-24
12774-0169\2874886v14.doc

EXHIBIT C
-2-

EXHIBIT C

TEMPLATE AGREEMENT FOR ACQUISITION OF PROPERTY
GOVERNMENT CODE SECTION 66462.5
AGREEMENT PURSUANT TO GOVERNMENT CODE SECTION 66462.5
(___________________ PROJECT)
This Agreement for acquisition of real property pursuant to Government Code section 66462.5 is made and entered into as of ___________________, _____, by and between ______________, _________________ (“Owner” hereinafter) and the City of Jurupa Valley, a municipal corporation (“City” hereinafter). Owner and City are referred to jointly below as “parties.” In consideration of the In consideration of the recitals of facts and purposes, the mutual covenants set forth in this Agreement and for the further consideration described in this Agreement, receipt of which is hereby acknowledged, the parties agree as follows:

1. Recitals. The parties hereto acknowledge and agree that this Agreement is made with respect to the following facts and purposes that each agrees to be true and correct.

A. On ___________________, the City Council adopted Ordinance No. 2024-___ approving a Development Agreement between Owner and City for the Owner’s Project within the City (“Development Agreement”). All capitalized terms in this Agreement shall have the same definitions as described in the Development Agreement, including, without limitation, Property, Project, and Project Approvals.

B. To facilitate the orderly development of the Project through the Project Approvals on the Property the Owner will be required to construct certain Public Improvements.

Satisfaction of such conditions of the Development Approvals, however, involves real property that is neither owned by Owner or City (the “Off-Site Property” hereinafter). A legal description and map depiction of the Off-Site Property required to satisfy the condition of approval is attached hereto as Exhibit 1, and incorporated herein by this reference as though set forth in full.

C. Pursuant to California Government Code section 66462.5 and Section 4.9 of the Development Agreement, when a condition of a subdivision map approval or a development agreement requires the installation or construction of improvements on Off-Site Property not owned or controlled by the Owner, and title cannot be obtained by negotiated purchase, a city is required to commence proceedings to acquire Off-Site Property by eminent domain or such offsite improvement conditions will be waived. Pursuant to said section 66462.5, a city and an Owner may enter into an agreement to allocate the costs and responsibilities for acquisition of such Off-Site Property.

D. Owner has recorded or intends to record Tract Map No. ________ and, under a separate subdivision improvement agreement, has agreed (and posted security) to undertake and complete all required public improvements set forth in _______________________, including _________________________________ said Off-Site Property, following recordation of Tract Map No. ________.

E. City has been provided credible evidence that Owner has made a good faith effort to acquire the Off-Site Property but has been unable to do so by negotiated purchase; Draft: 8-22-24
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EXHIBIT C
-3-
F. California Government Code Section 40404 and California Code of Civil Procedure Sections 1230.010 et seq. authorizes City to acquire by eminent domain any and all property necessary for ________________________ purposes; G. The City must comply with Relocation Assistance Act, Government Code Sections 7260 et seq., and the Eminent Domain Law, Code of Civil Procedure Sections 1230.010 et seq., and their implementing regulations, in acquiring property for public improvements (“Public Land Acquisition Statutes”).

H. To facilitate the satisfaction of the condition of approval, City and Owner now mutually desire to enter into this Agreement under Government Code Section 66462.5 concerning acquisition of the Off-Site Property and to allocate responsibility between the respective parties; and
I. This Agreement is solely made in furtherance of the authority granted under Government Code Section 66462.5 and Section 4.9 of the Development Agreement. The parties recognize that City cannot exercise its power of eminent domain until all legally required preconditions under the Land Acquisition Statutes, including a Resolution of Necessity have been lawfully adopted by the City Council of the City pursuant to law. This Agreement is neither a commitment nor an announcement of an intent by City to acquire any or all of the OffSite Property that may be identified in this Agreement. In the event City elects to commence an action after the required public hearing on the Resolution of Necessity, then City shall cause the eminent domain action for the acquisition of the specified interest or interests (whether fee, leasehold or otherwise) in and to the Off-Site Property to be filed and expeditiously processed to completion by and through the use of City’s power of eminent domain.

2. City Acquisition of Off-Site Property. Subject to Owner’s timely and continuous performance of all elements of this Agreement and the Development Agreement, City shall cause an action pursuant to the Land Acquisition Statutes to be pursued to completion for the acquisition of the Off-Site Property using legal counsel and consultants of City’ reasonable selection. Owner agrees City’s selected legal counsel is not representing Owner in any capacity and further that Owner is not a third party beneficiary under the engagement agreement between City and City’s selected legal counsel.

3. Owner Responsible for All Costs of Acquisition. Owner shall be solely responsible for all Off-Site Property acquisition costs, which shall include, but not be limited to, the costs of title reports and/or litigation guarantees, litigation expenses, court costs, attorneys’ fees, deposits necessary to take immediate possession of any such interest, deposits reflecting verdicts as to the value of any such interest necessary to obtain any final order or orders of condemnation, any sum paid as and for a settlement of any suit filed by City pursuant to this Agreement, payments for land and improvements on the land, severance damages, fixtures and equipment payments, payments for loss of business goodwill, relocation benefits, precondemnation damages, relocation expenses, abandonment damages, Off-Site Property owners’ statutory costs and litigation expenses authorized by the Eminent Domain Law, codified as Code of Civil Procedure Section 1230.010, et seq. (Eminent Domain Law), Public Land Acquisition Statutes and any and all fees, costs and expenses arising from or related to any of the foregoing items, actions, and proceedings. No settlement of an action brought by City to acquire Off-Site Property or arising Draft: 8-22-24
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EXHIBIT C
-4-
from City’s action(s) shall be effective without Owner first providing its written approval thereof to City, which approval shall not be unreasonably withheld.

4. Limitations on City’s Ability to Acquire Off-Site Property; Time Waiver. The parties hereto recognize that if the City Council, in its discretion, adopts a Resolution of Necessity and authorizes the filing of an eminent domain proceeding, the City may not be able to obtain the fee title to the Property within the time set forth in Government Code section 66462.5 and in recognition of this potential circumstance the parties hereby waive the time requirements for action by the City set forth in Government Code Section 66462.5.

5. Deposit of Costs. Concurrently with the execution of this Agreement by City, Owner shall deliver to City the sum of _______________ Thousand Dollars ($_______.00). City agrees to deposit said sum in a separate City account (“Acquisition Fund”) and to use the principal sum, and any interest earned thereon, in furtherance of satisfying the costs specified in this Agreement, other than the unsatisfied costs identified in this paragraph.

A. City shall, on a monthly basis, or as often as City deems necessary, provide Owner with an accounting of disbursements from the Acquisition Fund established pursuant to paragraph 5, above. In the event disbursements reduce the balance of the fund to Five Thousand Dollars ($5,000.00) or less, Owner, five (5) business days following a written request of City, shall deliver to City such additional monies as are necessary to maintain the balance in the Acquisition Fund at ___________ Thousand Dollars ($______________.00).

B. In addition to its deposits to the Acquisition Fund, Owner agrees to deliver to City, promptly upon demand by City, the entire amount City determines is required by the Eminent Domain Law (“Deposit Amount”), which amount City will deposit under Code of Civil Procedure sections 1255.010, et seq. if City and Owner agree that City should seek prejudgment possession of the Off-Site Property. If the City’s expert valuation witness determines at the date of exchange of valuation data under Code of Civil Procedure section 1258.220 that the fair market value of the Off-Site Property is higher than the Deposit Amount, Owner shall deliver this additional amount to City upon five (5) business days written notice by City or as ordered by any court of competent jurisdiction. City shall promptly deposit this additional amount with the Court.

C. If for any reason Owner fails to maintain the Acquisition Fund balance referenced in this paragraph, or fails to provide the monies as required by this paragraph, City may utilize and draw down all or any portion of the improvement security deposited pursuant to the separate subdivision improvement agreement to pay any of the costs and expenses referenced herein for acquisition of the Off-Site Property. City shall not commence any activity under or in furtherance of this Agreement until Owner provides City and City agrees with and approves a written acknowledgment from both the Owner and the person, firm, or entity who has provided the referenced security that: (i) the City may make demand on the security for the purposes described in this Agreement; (ii) the surety will promptly pay such monies to City upon City’s demand and (iii) the amount of the security deposit is adequate to fund both the anticipated physical improvements under the map and the anticipated costs of acquisition pursuant to this Agreement.

Draft: 8-22-24
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EXHIBIT C
-5-
D. When any eminent domain action which was commenced pursuant to this Agreement is concluded, City shall remit to Owner the balance of the Acquisition Fund within sixty (60) days after full payment of just compensation, costs and all applicable litigation expenses have been made to Off-Site Property owners. Additionally, City shall expeditiously withdraw any funds remaining on deposit with the Court and disburse the same to Owner once a final order of condemnation or a dismissal of the eminent domain action is entered by the Court.

6. Owner Acquisition of Property. If Owner should independently acquire all or any portion of the Off-Site Property by negotiated purchase after an eminent domain action is filed by the City, Owner shall immediately notify City of the acquisition. After Owner obtains fee title to the subject interest City shall move to abandon all or any unnecessary part of the action relating to the property acquired by negotiation. If a complete or partial abandonment is filed, Owner shall bear any and all costs, expenses and/or damages related thereto, including, but not limited to, any condemnee’s recoverable costs and/or recoverable attorneys’ fees pursuant to Code of Civil Procedure Section 1268.610, et seq.

7. General.

A. Notices. Any and all notices, requests or other communications required or permitted to be given under this Agreement or by reason of this Agreement shall be in writing and shall be deemed to have been given when: (i) delivered in person or by courier or overnight delivery service; or (ii) five (5) business days after mailing, by certified or registered mail, return receipt requested, to the parties at the following addresses or any such other address or addresses as the parties may, from time to time, designate in writing in the manner herein specified:

City: City OF JURUPA VALLEY
8930 Limonite Avenue
Jurupa Valley, CA 92589
Attention: City Manager
With a copy to: RICHARDS, WATSON & GERSHON
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071-3101
Attention: Mr. Peter M. Thorson, City Attorney
Owner:

Attention:

With a copy to:

Attention:

B. Further Cooperation. Each party to this Agreement agrees to cooperate by performing any further acts and by executing and delivering any and all additional monies, items, Draft: 8-22-24
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EXHIBIT C
-6-
or documents which may be reasonably necessary to carry out the terms and provisions of this Agreement, and each party to this Agreement agrees that it will not act in any manner whatsoever which would hinder, impede, interfere or prohibit or make more onerous or difficult the performance of the other party hereto under this Agreement.

C. Amendment. No amendment to this Agreement shall be effective unless first provided in writing and executed by the parties hereto.

D. No Agency or Joint Venture. The terms and provisions of this Agreement shall not cause the parties hereto or any of each parties’ agents, consultants, contractors or other providers of professional services to be construed in any manner whatsoever as partners, joint venturers or agents of each other in the performance of their respective duties and obligations under this Agreement, or subject either party to this Agreement to any obligation, loss, charge or expense of the other party to this Agreement.

E. Time of Essence. Time is expressly made of the essence of each and every provision of this Agreement.

F. Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assignees.

G. Remedies. No remedy or election hereunder shall be deemed to be exclusive but shall, wherever possible, be cumulative with all other remedies at or in equity.

H. Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. Venue for any action arising directly or indirectly under this Agreement shall be in the Superior Court of Riverside County, California.

Draft: 8-22-24
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EXHIBIT C
-7-
IN WITNESS WHEREOF, the parties hereof have executed and entered into this Agreement as of the date set forth above.

Owner
Name:

Title:

Name:

Title:

Name:

Title:

OWNER’S SIGNATURES
[NOTE: If the Owner is a corporation, it must be represented by two individuals who shall execute this Agreement on behalf of the corporation as follows: (A) one from the corporation’s “Operational Group” (Chair of the Board, President, or a Vice-President) and; (B) one from the corporation’s “Financial Group” (Secretary, Assistant Secretary, Chief Financial Officer, Treasurer or Assistant Treasurer). A resolution of the Board of Directors designating one individual to sign the agreement on behalf of the corporation will be accepted. See California Corporations Code section 313. If the Owner is a limited liability company, limited liability partnership, or partnership, then the managing member of the LLC or the managing partner of the LLP or partnership must sign the Agreement.]
Draft: 8-22-24
12774-0169\2874886v14.doc

EXHIBIT C
-8-
EXHIBIT 1

LEGAL DESCRIPTION AND MAP DEPICTION OF THE OFF-SITE PROPERTY Draft: 8-22-24
12774-0169\2874886v14.doc

EXHIBIT D
-1-

EXHIBIT D

CITY DEVELOPMENT IMPACT FEE SCHEDULE FOR TEN YEARS FOLLOWING

EFFECTIVE DATE OF DEVELOPMENT AGREEMENT
[Does not include TUMF or MSHCP Fees]
Last Updated: 3-22-2021
Effective as of: 7-1-2024

DEVELOPMENT IMPACT FEE SCHEDULE ESTABLISHED BY CITY COUNCIL RESOLUTION NO. 2021-02 AND INCLUDING ANNUAL COST OF LIVING INCREASES PURSUANT TO SECTION 5 OF RESOLUTION NO. 2021-02 EFFECTIVE JULY 1, 2024
Draft: 8-22-24
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EXHIBIT E
-1-

EXHIBIT E

MAINTENANCE CFD UNITS OF BENEFIT BY LAND USE
Land Use Type (per Development Agreement) Benefit Unit(s) Single Family Residential Property One (1) Per Unit
Multifamily Residential Property- Medium Density Six tenths (0.6) / Unit Multifamily Residential Property- High Density Four tenths (0.4) / Unit Business Park Property Five (5) / Acre
Commercial Retail Property Five (5) / Acre
Commercial Other Property Five (5) / Acre
Light Industrial Property Two (2) / Acre
Heavy Industrial Property Two (2) / Acre
Other Non-Residential Property Three (3) / Acre
This Exhibit sets forth the units of benefit by land use type (“Land Use Type”) which will be used to determine the special tax for maintenance based on the City Public Improvements to be maintained by the City and the size and components of those improvements (“Benefit Units”).

Pursuant to Section 6.5.2, parcels of Taxable Property (as defined in the Rate and Method of Apportionment for such maintenance CFD) shall be assigned the appropriate Benefit Unit(s) contained in the Table above based upon each Parcel’s assignment to the appropriate Land Use Type. The cost per Benefit Unit shall be calculated based upon the total budget for required maintenance (including but not limited to actual costs, reserves, contingency, administration, and County fees), divided by the total number of Benefit Units for Taxable Property. The Special Tax shall be levied upon and collected from each such Parcel for each fiscal year based on the Benefit Units which are assigned to the parcel as a result of its assignment to the appropriate Land Use Type.

Draft: 8-22-24

EXHIBIT F
-1-
12774-0169\2874886v14.doc

EXHIBIT F
CITY RIGHT OF FIRST REFUSAL AGREEMENT FOR PLANNING AREA 14 RECORDING REQUESTED BY:

City of Jurupa Valley,
a municipal corporation
AND WHEN RECORDED RETURN TO:

City of Jurupa Valley
Attention: Office of the City Clerk
8930 Limonite Avenue
Jurupa Valley, California 92509
[SPACE ABOVE FOR RECORDER’S USE ONLY]
Assessor’s Parcel Number ________________ [ ] Portion
DOCUMENTARY TRANSFER TAX $
_____________________
…Computed on the consideration or value of property
conveyed; OR
…Computed on the consideration or value less liens or
encumbrances remaining at time of sale.

SPACE ABOVE THIS LINE FOR RECORDER’S USE
_________________________________________________
Signature of Declarant or Agent determining tax - Firm Name This Agreement is recorded for the benefit of the City of Jurupa Valley and is exempt from California documentary transfer tax pursuant to Section 11928 of the California Revenue and Taxation Code and from recording fees pursuant to Sections 6103, 27383 and 27388.1 of the California Government Code.

RIGHT OF FIRST REFUSAL AGREEMENT BETWEEN THE CITY OF

JURUPA VALLEY, CANADIAN PACIFIC LAND, LLC, A FLORIDA

LIMITED LIABILITY COMPANY, AND RMD INLAND INVESTORS,

LLC, A DELAWARE LIMITED LIABILITY COMPANY, REGARDING
PLANNING AREA 14 (APN __________)
This RIGHT OF FIRST REFUSAL AGREEMENT BETWEEN THE CITY OF

JURUPA VALLEY CANADIAN PACIFIC LAND, LLC, A FLORIDA LIMITED LIABILITY

COMPANY, AND RMD INLAND INVESTORS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, REGARDING PLANNING AREA 14 (APN __________) (“Agreement”) is made by and between the CITY OF JURUPA VALLEY, a California municipal corporation and general law City existing under the Constitution of the State of Draft: 8-22-24

EXHIBIT F
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California (“City”), Canadian Pacific Land, LLC, a Florida limited liability company, and RMD Inland Investors, LLC, a Delaware limited liability company, as tenants in common - Canadian Pacific Land, LLC, as to an undivided fifty percent (50%) interest, and RMD Inland Investors, LLC, as to an undivided fifty (50%) interest (collectively, “Owner”). City and Owner are sometimes collectively referred to below as the Parties. This Agreement is effective on the date that it is fully executed by the Parties (Effective Date).

RECITALS

1. On _________, 2024 the City Council of the City of Jurupa Valley adopted Ordinance No. 2024-_____ approving that certain development agreement entitled Development Agreement by and Between the City of Jurupa Valley, Richland Planned Communities, Inc., a California corporation and MV Avalon, LLC, a California limited liability company dated as of __________, 2024 (“Development Agreement”).

2. The property that is the subject of the Development Agreement consists of approximately 917.3 acres of property described on Exhibit “A” and depicted on Exhibit “B” to the Development Agreement (“Developer Property”).

3. The Development Agreement was recorded on _________, 2024 as Document No. 2024-____________ in the Official Records of the County of Riverside.

4. Pursuant to Section 5.10 of the Development Agreement, the Parties agreed that the City shall have the right of first refusal to purchase the land described as Planning Area 14 as shown on the Project Approvals described in the Development Agreement. The real property described as Planning Area 14 is described more particularly on EXHIBIT “A” and roughly depicted on EXHIBIT “B” (“Planning Area 14”), which are attached hereto and incorporated herein by this reference. Planning Area 14 includes all of the interests of Owner in and to Planning Area 14, and any and all rights and appurtenances pertaining to said real property, including any improvements and landscaping, all rights, title, interest of Owner in and to adjacent streets, alleys or rights of way.

NOW, THEREFORE, in consideration of the above Recitals, the obligations set forth below, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Owner mutually agree as follows:

AGREEMENT
ARTICLE 1. RIGHT OF FIRST REFUSAL.

1.1 Recitals. All the above recitals are true and correct and are incorporated herein by this reference.

1.2 Grant of Right of First Refusal for Purchase of Planning Area 14 and Consideration.

In consideration of the terms set forth in the Development Agreement and monetary consideration in the amount of $1.00 (One Dollar), the City shall have the right of first refusal for the purchase of Planning Area 14 pursuant to the terms and conditions of this Agreement.

Draft: 8-22-24

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ARTICLE 2. EXERCISE OF RIGHT OF FIRST REFUSAL.

2.1 Right of First Refusal. If Owner determines, in its sole discretion, to sell all of Planning Area 14 (or a portion of Planning Area 14 in the event it is subdivided and sold as lots), prior to consummating a proposed sale of Planning Area 14 or listing Planning Area 14 for sale on the open market, Owner will provide to City a right to purchase Planning Area 14 on and subject to the terms of this Agreement.

2.2 Notice of Proposed Sale. Prior to consummating a proposed sale of Planning Area 14 or listing Planning Area 14 for sale on the open market, Owner will provide to City a written notice of proposed sale (“Notice of Proposed Sale”) to notify City of Owner’s intent to sell Planning Area 14. The Notice of Proposed Sale will set forth the proposed purchase price for Planning Area 14 and any other material economic terms of the proposed sale (collectively “Basic Sale Terms”).

2.3 City Election to Purchase Planning Area 14. City shall have forty-five (45) calendar days (“Election Period”) after receiving the Notice of Proposed Sale to elect to purchase Planning Area 14. City shall make said election by giving written notice to Owner within the Election Period. If City elects not to purchase Planning Area 14, then City will provide written notice to Owner of its decision not to purchase Planning Area 14 promptly following said determination not to purchase Planning Area 14.
(a) Failure of City to Provide Notice During Election Period. If City fails to deliver written notice to Owner of City’s election to purchase Planning Area 14 during the Election Period, said failure to provide notice will be deemed a determination that City elected not to purchase Planning Area 14 and Owner may proceed with the sale of Planning Area 14 to third parties.
(b) Procedures if City Elects to Purchase Planning Area 14. If City makes the election to purchase Planning Area 14 during the Election Period, then said written election shall be deemed to create a contract between City and Owner pursuant to which the Parties will enter into a Purchase and Sale Agreement that contains the Basic Sale Terms or such sale terms negotiated between the Parties during the Election Period or such additional period agreed to by the Parties in writing. In such case, City and Owner shall promptly and in good faith enter into a purchase and sale agreement incorporating the terms agreed to for the sale of Planning Area 14 to the City. If City makes the election to purchase Planning Area 14 but the closing pursuant to a Purchase and Sale Agreement fails due to City’s default, then without limitation on the Owner’s rights and remedies (including specific performance), City’s rights under this Agreement will be permanently lost.

2.4 City Manager Authorization. The City Manager is authorized to give notice of the City’s intent to purchase Planning Area 14, provided, however, that such notice does not obligate the City to purchase Planning Area 14 unless and until the City Council approves the purchase of Planning Area 14.

Draft: 8-22-24

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ARTICLE 3. TERM OF AGREEMENT.

3.1 Term of Agreement. The term of the Right of First Refusal shall commence on the date on which the Parties have fully-executed this Agreement (“Execution Date”) and continue until five (5) years after this date, unless sooner terminated in accordance with the terms of this Agreement.

ARTICLE 4. RUN WITH THE LAND AND MEMORANDUM OF
RIGHT OF FIRST REFUSAL.

4.1 The right of first refusal to purchase Planning Area 14 shall run with the land and shall bind and inure to the benefit of the respective successors and assigns of Owner and City.

4.2 The Parties agree that the City may record against Planning Area 14 a Memorandum of Right of First Refusal in the form attached as EXHIBIT “C” hereto.

ARTICLE 5. NOTICES.

5.1 All notices and demands will be given in writing by certified or registered mail, postage prepaid, and return receipt requested, or by overnight carrier. Notices will be considered given upon the earlier of (a) two business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (b) one business day following deposit with an overnight carrier service.

CITY: City of Jurupa Valley
Attention: City Manager
8930 Limonite Avenue
Jurupa Valley, California 92509
COPY TO: Richards, Watson & Gershon
Attention: Peter M. Thorson, City Attorney
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Draft: 8-22-24

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To Owner: CANADIAN PACIFIC LAND, LLC, A FLORIDA LIMITED

LIABILITY COMPANY, AND RMD INLAND INVESTORS,

LLC, A DELAWARE LIMITED LIABILITY COMPANY
C/O Richland Planned Communities, Inc.
3161 Michelson Drive, Suite 425
Irvine, CA 92612
Attn: Brian Hardy
With a copy to: Rutan & Tucker
3161 Michelson Drive, Suite 425
Irvine, CA 92612
Attn: Alan B. Fenstermacher
ARTICLE 6. MISCELLANEOUS.

6.1 Amendments. Any amendments to this Agreement will be effective only when duly executed by both Parties.

6.2 Further Documents. Each party will, wherever and as often as it is requested by the other party, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such further instruments and documents, including further escrow instructions, as may reasonably be necessary in order to carry out the intent and purpose of this Agreement.

6.3 Applicable Law. This Agreement will be construed and interpreted under, and governed and enforced according to the laws of the State of California.

6.4 Successors and Assigns; Agreement to Run with the Land of Planning Area 14.

This Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties hereto. The City and Owner agreed that this Agreement shall be recorded against Planning Area 14 to provide notice of the City’s right of first refusal. The right of first refusal regarding Planning Area 14 shall run with the land and shall bind and inure to the benefit of the respective successors and assigns of Owner and City.

6.5 Time of Essence. The Parties acknowledge that time is of the essence in this Agreement.

6.6 Counterparts. This Purchase Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. Owner will provide an original executed of this Agreement to the City.

6.7 Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy will be cumulative and will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies will not constitute a waiver of the right to pursue other available remedies.

Draft: 8-22-24

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6.8 Interpretation and Construction. Each party has reviewed this Agreement and each has had the opportunity to have its respective counsel and real estate advisors review and revise this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words “person” and “party” include corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and captions of the paragraphs and subparagraphs of this Agreement are for convenience and reference only, and the words contained therein will in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement.

6.9 Attorneys’ Fees. If either party hereto incurs attorneys’ fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement will be entitled to recover reasonable attorneys’ fees from the other party.

6.10 Severability. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid.

6.11 Exhibits. The exhibits and schedules attached hereto are incorporated in this Purchase Agreement by reference herein.

Draft: 8-22-24

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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date set forth below.

OWNER

CANADIAN PACIFIC LAND, LLC, A

FLORIDA LIMITED LIABILITY

COMPANY
Dated: ______________, 2024
By:_____________________________
Name:___________________________
Title:____________________________

RMD INLAND INVESTORS, LLC, A

DELAWARE LIMITED LIABILITY

COMPANY
Dated: ______________, 2024
By:_____________________________
Name:___________________________
Title:____________________________
BUYER

CITY OF JURUPA VALLEY,
a California municipal corporation
Dated: ______________, 2024
By:

Name: Rod Butler
Title: City Manager
ATTEST:

Victoria Wasko, CMC, City Clerk
APPROVED AS TO FORM:

Richards, Watson & Gershon
By:

Peter M. Thorson, City Attorney
[NOTE: If the Owner is a corporation, it must be represented by two individuals who shall execute this Agreement on behalf of the corporation as follows: (A) one from the corporation’s “Operational Group” (Chair of the Board, President, or a Vice-President) and; (B) one from the corporation’s “Financial Group” (Secretary, Assistant Secretary, Chief Financial Officer, Treasurer or Assistant Treasurer). A resolution of the Board of Directors designating one individual to sign the agreement on behalf of the corporation will be accepted. See California Corporations Code section 313. If the Owner is a limited liability company, limited liability Draft: 8-22-24

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partnership, or partnership, then the managing member of the LLC or the managing partner of the LLP or partnership must sign the Agreement.]
Draft: 8-22-24

EXHIBIT F-A
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EXHIBIT “A” TO RIGHT OF FIRST REFUSAL AGREEMENT
Legal description of Planning area 14
Draft: 8-22-24

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EXHIBIT “B” TO RIGHT OF FIRST REFUSAL AGREEMENT
DEPICTION OF PLANNING AREA 14
Draft: 8-22-24

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EXHIBIT G

CONSENT AND SUBORDINATION AGREEMENT
RICHLAND PLANNED COMMUNITIES, INC.

Draft: 8-22-24

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EXHIBIT H

CONSENT AND SUBORDINATION AGREEMENT

INFINITY BANK
ATTACHMENT 4
Final Environmental Impact Report
NORTH AMERICA | EUROPE | AFRICA | AUSTRALIA | ASIA
WWW.FIRSTCARBONSOLUTIONS.COM
FINAL
Environmental Impact Report
Rio Vista Specific Plan Project
City of Jurupa Valley, Riverside County, California
State Clearinghouse Number 2018121005
Prepared for:

City of Jurupa Valley
Community Development Department
8930 Limonite Avenue
Jurupa Valley, CA 92509
951.332.6464
Contact: Jim Pechous, Principal Planner
Prepared by:

FirstCarbon Solutions
967 Kendall Drive, #A-537
San Bernardino, CA 92407
714.508.4100
Contact: Jason Brandman, Project Director
Yael Marcus, Project Manager
Date: May 31, 2024

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City of Jurupa Valley—Rio Vista Specific Plan Project
Final EIR Table of Contents
FirstCarbon Solutions iii https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/4340/43400004/EIR/4 - Final EIR/43400004 Sec00-01 TOC.docx Table of Contents
Section 1: Introduction ............................................................................................................... 1-1 Section 2: Master Responses....................................................................................................... 2-1

2.1 - List of Master Responses................................................................................................ 2-1

2.2 - Master Responses .......................................................................................................... 2-1 Section 3: Responses to Written Comments................................................................................ 3-1

3.1 - List of Authors ................................................................................................................ 3-1

3.2 - Responses to Comments................................................................................................ 3-2 Section 4: Errata.......................................................................................................................... 4-1

4.1 - Changes in Response to Specific Comments..................................................................4-1 List of Appendices
Appendix M: Additional Biological Resources Supporting Information M.1 - Resumes of BRA Preparers
M.2 - Crotch’s Bumble Bee Habitat Assessment
Appendix N: NOP Mailing Distribution List

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City of Jurupa Valley—Rio Vista Specific Plan Project
Final EIR Introduction
FirstCarbon Solutions 1-1 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/4340/43400004/EIR/4 - Final EIR/Client-Dropbox submittal 053124/Final EIR/43400004 Sec01-00 Introduction.docx
SECTION 1: INTRODUCTION
In accordance with California Environmental Quality Act (CEQA) Guidelines Section 15088, the City of Jurupa Valley (Lead Agency) has evaluated the comments received on the Rio Vista Specific Plan Project Draft Environmental Impact Report (Draft EIR). Pursuant to CEQA Guidelines Section 15132, this Final EIR includes a list of persons, organizations, and agencies that provided comments on the Draft EIR during the public comment period that ran from October 19, 2023 to January 5, 2024 (Section 3); responses to the comments received regarding the Draft EIR (Section 3); and errata, or revisions to the Draft EIR (Section 4); as well as a Mitigation Monitoring and Reporting Program (MMRP) for use by the City of Jurupa Valley (City) during its review.

This document is organized into three sections:
• Section 1—Introduction. Provides an introduction to the Final EIR. • Section 2—Master Responses. Provides a single, comprehensive response to similar comments about a particular topic.
• Section 3—Responses to Written Comments. Provides a list of the agencies, organizations, and individuals who commented on the Draft EIR. Copies of all of the letters received regarding the Draft EIR and responses thereto are included in this section. • Section 4—Errata. Includes an addendum listing refinements and clarifications on the Draft EIR, which have been incorporated.

The Final EIR includes the following contents:
• Draft EIR (provided under separate cover)
• Draft EIR Appendices (provided under separate cover)
• Master Responses (Section 2 of this document)
• Responses to Written Comments on the Draft EIR and Errata (Sections 3 and 4 of this document) • Mitigation Monitoring and Reporting Program (provided under separate cover)

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City of Jurupa Valley—Rio Vista Specific Plan Project
Final EIR Master Responses
FirstCarbon Solutions 2-1 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/4340/43400004/EIR/4 - Final EIR/43400004 Sec02-00 Master Responses.docx SECTION 2: MASTER RESPONSES
Master responses address similar comments made by multiple public agencies, businesses, organizations, or individuals through written comments submitted to the City of Jurupa Valley. Master responses are provided in the order in which they are referenced in the responses in Section 3.

2.1 - List of Master Responses
• Master Response 1—The buffer established in the Draft EIR is consistent and sufficient. • Master Response 2—The natural landscape around the Palmer’s oak would be protected. • Master Response 3—Native American Tribal consultation was completed by the City. • Master Response 4—Degree of specificity required for response to general comments. • Master Response 5—CEQA prohibits the inclusion of confidential information in an EIR. • Master Response 6—Recirculation is not required.

2.2 - Master Responses
A summary of comments related to each Master Response is provided to provide context for the Master Response. The summary is not intended to capture any specific comment in its entirety.

For the specific comments, please refer to the individual letters provided in Section 3 of this Final Environmental Impact Report (Final EIR). Where an individual letter raises environmental issues not fully addressed by the Master Response, additional individual responses are provided.

Master Response 1—The buffer established in the Draft EIR is consistent and sufficient.

Summary of Relevant Comments
Several comments stated that the Draft EIR-identified buffer around the Palmer’s oak is inconsistent and insufficient. Numerous comments suggested an increased buffer.

Response
Contrary to several public comments, the Draft EIR does not identify a 150-foot buffer around the on-site Palmer’s oak. Mitigation Measure (MM) BIO-5 in the Draft EIR identifies two buffers around the Palmer’s oak:
• No project-related construction activities may occur within the tree's mapped limit and the 200-foot buffer, and
• No heavy equipment may operate within 259 feet of the mapped limits of the tree.

It is important to note that the buffer required by MM BIO-5 is measured from the tree’s mapped limit. The on-site Palmer’s oak consists of a cluster of multiple stems, occupying an area of approximately 70 by 40 feet. The mapped limit is the outer-most perimeter of the area occupied by the tree, and the buffer distance is measured from this outer-most line. As such, as determined by City of Jurupa Valley—Rio Vista Specific Plan Project
Master Responses Final EIR
2-2 FirstCarbon Solutions https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/4340/43400004/EIR/4 - Final EIR/43400004 Sec02-00 Master Responses.docx experts in the field of biology and as explained in the Biological Resources Assessment (BRA), 1 the
buffer would be sufficient to prevent any adverse impact to the root system or the branches, and a greater buffer would not offer any additional protections. Furthermore, given the topography of the project site, specifically the area surrounding the tree, a 200-foot buffer is sufficient, as it would not allow any project elements to be constructed within this buffer boundary.

Mitigation under CEQA must have a reasonable relationship, or “nexus,” between the project’s impacts and the condition imposed by the mitigation measure. Nollan v. California Coastal Comm’n (1987) 483 US 825; see also, Dolan v. City of Tigard (1994) 512 US 374 (the extent of a development exaction must bear a reasonable relationship to the burden created by the development). Mitigation must be designed to address a physical impact to the environment and is not appropriately applied under CEQA to address economic or social issues. San Franciscans for Reasonable Growth v. City & County of San Francisco (1989) 209 CA3d 1502; Public Resources Code Sections 21100(b)(3), 21150; State CEQA Guidelines Section 15126.4(a)(1)(A). Imposing mitigation requirements in excess of a physical impact to the environment is outside the bounds of CEQA. In Nollan, the court held that it was unconstitutional for a government entity to require dedication of an easement as a condition of granting a development permit unless substantial relationship exists between the impact of the proposed construction and the permit condition. In San Franciscans for Reasonable Growth, a citizens’ group challenged the approval of an office tower, arguing that the lead agency should have imposed mitigation measures for impacts on the availability of child care programs. The court concluded that the need for child care facilities was an economic and social effect, and there was no duty under CEQA to require mitigation.

As discussed in the Draft EIR, environmental impacts to the Palmer’s oak are fully mitigated with implementation of the buffer required by MM BIO-5, and there is no scientific reason to support an increased buffer (Draft EIR, Section 3.4, Biological Resources, p. 3.4-45). Therefore, there is not a reasonable relationship between an increased buffer and the proposed project’s construction or operation impacts that can be addressed by a mitigation measure under CEQA. Furthermore, a greater buffer would have no effect on the subsurface bedrock collection basin that collects water to support the tree (see further discussion on the collection basin in USFW-CDFW-11).

On behalf of the applicant, a vibration prediction study for the area of the Palmer’s oak was conducted in May 2023. It concluded that equipment vibrations from the largest piece of equipment at a distance of 259 feet from the tree would not impact the subsurface bedrock that supports the tree (Draft EIR, Section 3.4, Biological Resources, p. 3.4-45).

As determined by the expert Biologists who prepared the BRA, the tree would be protected from temporary disturbance related to construction activities with implemenation of the 259-foot buffer for heavy equipment operations. After construction and once the proposed project is implemented, 1 The Biological Resources Assessment (BRA) main authors are Leslie Irish and Carla Wakeman. Ms. Irish has multi-disciplinary experience in environmental, engineering, land development and construction management and administration. Ms. Irish has more than 25 years of experience as a Project Manager on public and private NEPA/CEQA projects overseeing the areas of biology, archaeology, paleontology, regulatory services, and State and federal level permit processing. Ms. Wakeman holds a Master’s degree in Biology and has over 30 years of experience as a Field Biologist, Ecologist, and Senior Biologist at various public and private organizations. For more detailed information on the credentials of the authors, see their respective CVs attached hereto as Appendix M.

City of Jurupa Valley—Rio Vista Specific Plan Project
Final EIR Master Responses
FirstCarbon Solutions 2-3 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/4340/43400004/EIR/4 - Final EIR/43400004 Sec02-00 Master Responses.docx the tree would be protected from project activities with continued implementation of the 200-foot buffer. Although a smaller buffer (Draft EIR Appendix D1 Biological Resources Assessment, MM BIO-3 Palmer’s Oak2
) would be sufficienct to protect the tree’s biological functions from potenial impacts consistent with light recreational uses (such as trash disposal and graffiti), in recognition of this specimen’s cultural and biological significance, the applicant agreed to an extended buffer as reflected in MM BIO-5. The proposed project also includes approximately 510.8 acres of open space that would not be developed, including several acres in the area surrounding the tree, but would rather be transferred to a City-approved conservation entity and be placed under a deed with restrictions from future development. This open space would consist of a combination of natural open space, revegetated manufactured slopes, and regraded and revegetated slopes. Many of the existing informal trails would remain, and no new trails into the open space would be created (Draft EIR, Section 3.4, Biological Resources, page 3.4-39; Section 3.15, Public Services, page 3.15-15). The area surrounding the on-site Palmer’s oak would be designated as OS-C, which precludes development. This designation, along with implementation of MM BIO-5 Palmer’s oak, the tree would be protected.

Master Response 2—The natural landscape around the Palmer’s oak would be protected.

Summary of Relevant Comments
Several comments requested to protect the Palmer’s oak by maintaining the natural landscape around the oak.

Response
The on-site Palmer’s oak would be protected by establishing a buffer around it (see Master Response 1). Furthermore, in addition to the buffer, and as shown in the conceptual land use plan, as identified in Draft EIR, Chapter 2, Project Description, Exhibit 2-7, several acres of open space would be preserved in the area surrounding the tree which would be designated as Open Space and would not be developed, thus further protecting the natural landscape around the tree.

Master Response 3—Native American Tribal consultation was completed by the City.

Summary of Relevant Comments
Several comments stated that the on-site Palmer’s oak is designated as a Tribal Sacred Land Site.

Response
As described in the Draft EIR Section 3.18, Tribal Cultural Resources, L&L Environmental, Inc. (L&L), acting on behalf to the applicant, sent a Sacred Lands File Search request to the Native American Heritage Commission (NAHC). Following the NAHC response, L&L sent over 20 outreach letters to Tribes and individuals identified by the NAHC. The Gabrieleño Band of Mission Indians–Kizh Nation responded to the outreach letter and identified the Palmer’s oak as sacred to the Tribe. In addition, as part Senate Bill (SB) 18 and Assembly Bill (AB) 52 notification, the City reached out to six Tribes identified by the NAHC as having traditional lands or cultural places located within the boundaries of Riverside County or project region. The Gabrieleño Band of Mission Indians–Kizh Nation and the Soboba Band of Luiseño Indians responded, and the City engaged in a long and detailed Tribal 2 Note that MM BIO-3 in the BRA provided the basis for the more comprehensive MM BIO-5 in the Draft EIR.

City of Jurupa Valley—Rio Vista Specific Plan Project
Master Responses Final EIR
2-4 FirstCarbon Solutions https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/4340/43400004/EIR/4 - Final EIR/43400004 Sec02-00 Master Responses.docx consultation process, which included several meetings with Tribal representatives and received proposed mitigation measures from both entities. These Tribal-proposed mitigation measures were incorporated into the Draft EIR as MM TCR-2 through MM TCR 11 (Soboba Band of Luiseño Indians Mitigation) and MM TCR-12 through MM TCR 14 (Gabrieleño Band of Mission Indians–Kizh Nation Mitigation).

Master Response 4—Degree of specificity required for response to general comments.

Summary of Relevant Comments
Several commenters expressed general opposition to the proposed project but did not provide any additional rationale for the opposition on its merits, did not raise any significant environmental issues related to the adequacy of the environmental impact analysis, and/or objected generally regarding the adequacy of the environmental impact analysis but did not provide a specific basis to support the asserted inadequacy.

The comments addressed in this Master Response fall into one of several categories:

1. The comment presents generalized claims challenging the adequacy of the analysis in the Draft EIR, which are not supported by data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts;

2. The comment does not pertain to impacts of the proposed project on the physical environment under the purview of CEQA but instead raises political, social, or economic issues;

3. The comment presents mere unsubstantiated opinions or speculation; or

4. The comment sets forth a personal opinion on the merits of the proposed project but does not raise any significant environmental issues.

The foregoing types of comments received in response to the Draft EIR, are referred to collectively as “general opposition” and are the focus of this Master Response.

Response
Comments on an EIR should focus on the sufficiency of the document’s identification and analysis of significant environmental impacts, and the adequacy of measures designed to avoid or mitigate those impacts (CEQA Guidelines § 15204(a)). Reviewers should explain the basis for their comments and provide data, references, or other evidence to support their comments (CEQA Guidelines § 15204(c)).

CEQA requires that the Final EIR address comments submitted during the 45-day public comment period that raise significant environmental issues on the adequacy of the Draft EIR (PRC § 21091(d)(2)(B); CEQA Guidelines § 15088(c)). CEQA considerations are limited to significant issues as these relate to potential adverse physical impacts of the project on the environment (PRC §§ 21060.5, 21068; State CEQA Guidelines § 15064(e)).

City of Jurupa Valley—Rio Vista Specific Plan Project
Final EIR Master Responses
FirstCarbon Solutions 2-5 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/4340/43400004/EIR/4 - Final EIR/43400004 Sec02-00 Master Responses.docx The purpose of the public review and comment process on a Draft EIR and the related responses is intended to share expertise, disclose the basis for and methodologies used to complete the Draft EIR’s analyses, check for accuracy, detect and correct omissions, discover public concerns, and solicit counter proposals for mitigation and/or alternatives. CEQA Guidelines Section 15204, in part states:
a) In reviewing Draft EIRs, persons and public agencies should focus on the sufficiency of the document in identifying and analyzing the possible impacts on the environment and the ways in which the significant effects of the project might be avoided or mitigated . . . CEQA does not require a lead agency to conduct every test or perform all research, study, and experimentation recommended or demanded by commenters. When responding to comments, lead agencies need only respond to significant environmental issues and do not need to provide all information requested by reviewers, as long as a good faith effort at full disclosure is made in the EIR.
b) Reviewers should explain the basis for their comments, and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of the comments. Pursuant to Section 15064, an effect shall not be considered significant in the absence of substantial evidence.
c) This section shall not be used to restrict the ability of reviewers to comment on the general adequacy of a document or of the lead agency to reject comments not focused as recommended by this section.

CEQA does not require that the City respond to all comments on a Draft EIR but only to the significant environmental issues presented (State CEQA Guidelines §§ 15088(c), 15132(d), and 15204(a)). Moreover, the City is not required to conduct every test or perform all research, studies, or experimentation at the commenter's request (PRC § 21091(d)(2)(B); State CEQA Guidelines § 15204(a)). An EIR need not provide all information reviewers request, as long as the report, when looked at as a whole, reflects a good faith effort at full disclosure (State CEQA Guidelines § 15204(a)).

As the court stated in City of Long Beach v. Los Angeles Unified Sch. Dist. (2009) 176 CA4th 889, 901, “The level of detail required in a response to a comment depends on factors such as the significance of the issues raised, the level of detail of the proposed project, the level of detail of the comment, and the extent to which the matter is already addressed in the Draft EIR or responses to other comments.” Accordingly, a general response to a general comment is sufficient (State CEQA Guidelines § 15088(c)).

Pursuant to CEQA, personal opinions expressing general support for, or opposition to, the proposed project are noted and will be included within the administrative record for the proposed project, but do not require a specific written response if they do not relate to a significant environmental issue that is addressed within the Draft EIR and/or otherwise within the purview of CEQA (State CEQA Guidelines § 15088(a)(c)) See also City of Long Beach v. Los Angeles Unified Sch. Dist. (2009) 176 CA4th 889, 901 (“The level of detail required in a response to a comment depends on factors such as the significance of the issues raised, the level of detail of the proposed project, the level of detail of the comment, and the extent to which the matter is already addressed in the Draft EIR or responses to other comments.”); and Kostka and Zischke, Practice Under the California Environmental Quality Act, (Cont.Ed.Bar 2023), § 16.11 E, Specificity Required in Responses).

City of Jurupa Valley—Rio Vista Specific Plan Project
Master Responses Final EIR
2-6 FirstCarbon Solutions https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/4340/43400004/EIR/4 - Final EIR/43400004 Sec02-00 Master Responses.docx Likewise, opinions about the general desirability, merits, and/or purely economic, social, or political considerations of the proposed project are not within the purview of CEQA and do not require a specific written response in this Final EIR. In cases where the commenter provides an opinion and/or generalized concerns about the merits of the proposed project but does not challenge the sufficiency of the Draft EIR, the City notes the opinion in this Final EIR for informational purposes.

Where a commenter offers unsubstantiated assertions about a significant environmental issue or the adequacy of the Draft EIR, the City notes the assertion in this Final EIR for informational purposes but does not alter or augment the analysis in the Draft EIR, pursuant CEQA Guidelines Section 15204.

The general response reflected in this Master Response is appropriate when a comment falls into one of the four above-referenced categories. While the City does not provide individual responses to each of these general comments in this Final EIR, as noted above, each comment is part of the administrative record on the proposed project and will be forwarded to City decision-makers for consideration as part of the public hearing process on the proposed project. In this regard, the City will review, evaluate, and consider, as determined appropriate, all comments received as part of the decision-making process.

Master Response 5—CEQA prohibits the inclusion of confidential information in an EIR.

Summary of Relevant Comments
Several comments request additional, or more specific, information regarding Tribal Cultural Resources.

Response
The acres in the area generally surrounding the on-site Palmer’s oak are considered a Tribal Cultural Resource by the Gabrieleño Band of Mission Indians – Kizh Nation. However, CEQA generally protects against disclosure of confidential information regarding Tribal Cultural Resources. It is a general rule under CEQA that an EIR may not include or publicly disclose information that is subject to disclosure restrictions under the California Public Records Act (Government Code §§ 7920.000– 7931.000; State CEQA Guidelines § 15120(d)). The Public Records Act exempts from disclosure records "of Native American graves, cemeteries, and sacred places and records of Native American places, features and objects" described in Public Resources Code Sections 5097.9 and 5097.993, and these confidentiality restrictions have been held to take precedence over CEQA's full disclosure policies ( Government Code § 7927.000; Clover Valley Found. V. City of Rocklin (2011) 197 CA4th 200, 221). CEQA also specifically protects the confidentiality of information that is provided by a Tribe as part of AB 52. Such information may not be publicly disclosed in a CEQA document or otherwise disclosed to the public without the consent of the Tribe that provided the information (PRC § 21082.3(c–f); Government Code §§927.000 and 7927.005).

The City is unable to provide an unredacted version of Appendix D (Biological Resources) or Appendix E (Cultural Resources). In compliance with State law, the City engaged in consultation with Native American Tribes regarding the proposed project. Public Resources Code Section 21082.3(c)(1) specifically provides that “Any information, including, but not limited to, the location, description, and use of the Tribal Cultural Resources, that is submitted by a California Native American Tribe during the environmental review process shall not be included in the environmental document or City of Jurupa Valley—Rio Vista Specific Plan Project
Final EIR Master Responses
FirstCarbon Solutions 2-7 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/4340/43400004/EIR/4 - Final EIR/43400004 Sec02-00 Master Responses.docx otherwise disclosed by the lead agency or any other public agency to the public, consistent with Sections 7927.000 and 7927.005 of the Government Code, and subdivision (d) of Section 15120 of Title 14 of the California Code of Regulations, without the prior consent of the Tribe that provided the information.” At least one Native American Tribe that supplied confidential information contained in these Appendices notified the City they objected to releasing an unredacted version of Appendix D or Appendix E. As such, by law the City cannot release the confidential information contained in Appendix D or Appendix E as they contain information that it obtained through the consultation process with a Native American Tribe and the Tribe has denied consent for disclosure.

Section 3.5, Cultural Resources, Section 3.18, Tribal Cultural Resources, and Section 3.4 Biological Resources, contain sufficient general information to comply with CEQA’s mandates to analyze and disclose potential environmental impacts.

Master Response 6—Recirculation is not required.

Summary of Relevant Comments
The City received several comments stating it should revise and recirculate the Draft EIR to incorporate additional information or because a commenter disagreed with a significance conclusion in the Draft EIR or generally opposed the proposed project. This Master Response discusses the standards generally applicable to this issue and applies those standards to the comments requesting recirculation.

Response
The Draft EIR also does not have to be recirculated at the request of a commenter. Under CEQA, recirculation is only required when the lead agency adds “significant new information” to an EIR after the public comment period and prior to certification of the EIR (Laurel Heights Improvement Association v. Regents of the University of California (1993) 6 Cal.4th 1112, 1128). “Information” can include changes in the project or environmental setting, as well as additional data or other information.

CEQA Guidelines Section 15088.5(a) further provides: New information added to an EIR is not “significant” unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial environmental effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project’s proponents have declined to implement. “Significant new information” requiring recirculation includes, for example, a disclosure showing that:
(1) A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented.
(2) A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance. (3) A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the environmental impacts of the project, but the project’s proponents decline to adopt it.

City of Jurupa Valley—Rio Vista Specific Plan Project
Master Responses Final EIR
2-8 FirstCarbon Solutions https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/4340/43400004/EIR/4 - Final EIR/43400004 Sec02-00 Master Responses.docx (4) The Draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded.

In Laurel Heights Improvement Association v. Regents of the University of California (1993) 6 Cal.4th 1112, the California Supreme Court interpreted this “significant new information” standard and rejected the proposition that “any new information” triggers recirculation; recirculation is intended to be an exception, not the general rule. Recirculation is not required where the new information added to the Draft EIR merely clarifies or amplifies or makes insignificant modifications in an otherwise adequate Draft EIR. In response to certain comments, information was added to the Draft EIR to clarify and issue or expand on a topic. Those revisions are detailed in the Errata.

Recirculation is required only if changes are more than clarification or amplification and rise to the level of significant new information as outlined above. No new significant impacts have been identified in the Final EIR. Although four mitigation measures have been revised and one new mitigation measure has been added, these additional mitigation measures merely further address significant impacts that were already identified in the Draft EIR, and no new or more severe significant impact would result from implementing the additional mitigation measures. Additionally, the process of responding to comments has not resulted in the determination that an environmental impact identified in the Draft EIR has a substantially greater impact than that described in the Draft EIR. No new feasible alternatives have been suggested or added to the Draft EIR. Although additional mitigation measures were added to the Draft EIR, the Lead Agency has incorporated them into the Mitigation Monitoring and Reporting Plan (MMRP), and none of the requirements for recirculation are triggered. Finally, the Lead Agency believes that the Draft EIR is adequate under CEQA. For these reasons, recirculation is not required. None of the revisions included in the Errata rise to the level of significant new information, and therefore, recirculation of the Draft EIR is not required.

City of Jurupa Valley—Rio Vista Specific Plan Project
Final EIR Responses to Written Comments
FirstCarbon Solutions 3-1 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/4340/43400004/EIR/4 - Final EIR/43400004 Sec03-00 Responses to Written Comments.DOCX SECTION 3: RESPONSES TO WRITTEN COMMENTS

3.1 - List of Authors
A list of public agencies, organizations, and individuals that provided comments on the Rio Vista Specific Plan Project Draft EIR is presented below. Each comment has been assigned a code.

Individual comments within each communication have been numbered so comments can be crossed-referenced with responses. Following this list, the text of the communication is reprinted and followed by the corresponding response.

Author Author Code
Federal Agencies
United States Fish and Wildlife Service and California Department of Fish and Wildlife USFWS-CDFW1 Soboba Band of Luiseño Indians................................................................................................. SOBOBA State Agencies
California Department of Fish and Wildlife and United States Fish and Wildlife Service USFWS-CDFW2 California Department of Transportation, District 8................................................................. CALTRANS Local Agencies
Riverside Local Agency Formation Commission .............................................................................LAFCO Organizations
Central Coast Heritage Tree Foundation ........................................................................................CCHTF Center for Biological Diversity .......................................................................................................... CFBD California Native Plant Society .........................................................................................................CNPS California Native Plant Society, Riverside/San Bernardino Chapter......................................... CNPS-RSB Conejo Oak Tree Advocates..............................................................................................................COTA Endangered Habitats League.............................................................................................................. EHL Golden State Environmental Justice Alliance ................................................................................. GSEJA California Native Plant Society, California Wildlife Foundation, Endangered Habitats League, The Wildlands Conservancy/Oak Glen Preserve, CNPS Channel Islands Chapter, Botanic Gardens Conservation International, Center for Biological Diversity, Angels Chapter of Sierra Club ................................................................................... MULT-BIO Sierra Club, Angeles Chapter.........................................................................................................SIERRA Stand Up for Mother Earth............................................................................................................SUFME The Wildland Conservancy ................................................................................................................TWC Individuals
Santos Amaya ............................................................................................................................... AMAYA 1 The United State Fish and Wildlife Service and the California Department of Fish and Wildlife provided a joint letter. 2 Ibid.

City of Jurupa Valley—Rio Vista Specific Plan Project
Responses to Written Comments Final EIR
3-2 FirstCarbon Solutions https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/4340/43400004/EIR/4 - Final EIR/43400004 Sec03-00 Responses to Written Comments.DOCX Humberto D..................................................................................................................... D. HUMBERTO3 Barbara Iyer.................................................................................................................................... IYER.B Jennifer Iyer.....................................................................................................................................IYER.J Arne Johanson........................................................................................................................JOHANSON Elizabeth Lockhart ................................................................................................................... LOCKHART Emily O’Neill ..................................................................................................................................ONEILL Letters received after the close of the public review period:

Local Agencies
CAL FIRE–Riverside Unit, Riverside County Fire Department............................................ CALFIRE-RCFD

3.2 - Responses to Comments

3.2.1 - Introduction
In accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15088, the City of Jurupa Valley (City), as the Lead Agency, evaluated the comments received on the Draft EIR (State Clearinghouse [SCH] No. 2018121005) for the Rio Vista Specific Plan Project and has prepared the following responses to the comments received. This Response to Comments document becomes part of the Final EIR for the project in accordance with CEQA Guidelines Section 15132.

3.2.2 - Comment Letters and Responses
The comment letters reproduced in the following pages follow the same organization as used in the List of Authors.
3 Comment provided via email did not identify a complete name.

U.S. Fish and Wildlife Service
Palm Springs Fish and Wildlife Office
777 East Tahquitz Canyon Way, Suite 208
Palm Springs, California 92262
760-322-2070
FAX 760-322-4648
California Department of Fish and Wildlife
Inland Deserts Region
3602 Inland Empire Blvd., Suite C-220
Ontario, California 91764
909-484-0167
FAX 909-481-2945
In Reply Refer To:

FWS/CDFW-WRIV-2024-0019889
December 4, 2023
Sent by email
Mr. Jim Pechous
Principal Planner
8930 Limonite Avenue
Jurupa Valley, CA 92509
[email protected]
Subject: Draft Environmental Impact Report, Rio Vista Specific Plan Project, State Clearinghouse No. 2018121005, City of Jurupa Valley
Dear Mr. Pechous:

The U.S. Fish and Wildlife Service (Service) and the California Department of Fish and Wildlife (CDFW), hereafter referred to jointly as the Wildlife Agencies, received a Draft Environmental Impact Report (EIR) from the City of Jurupa Valley (City) for the Rio Vista Specific Plan Project (Project) of Richland Communities (Project Applicant/Proponent) pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines1. The Wildlife Agencies appreciate the opportunity to provide comments and recommendations regarding Project activities that may affect public trust resources.

WILDLIFE AGENCIES’ ROLES The primary concern and mandate of the Service is the protection of fish and wildlife resources and their habitats. The Service has legal responsibility for the welfare of migratory birds, anadromous fish, and endangered animals and plants occurring in the United States. The Service is also responsible for administering the Federal Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.) (FESA). CDFW is a trustee agency under the California Environmental Quality Act (CEQA) and is responsible for ensuring appropriate conservation of fish and wildlife resources including rare, threatened, and endangered plant and animal species, pursuant to the California Endangered Species Act, and administers the Natural Communities Conservation Planning Program (NCCP).

The Service issued a FESA section 10(a)(1)(B) permit to the City for the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) on June 22, 2004. CDFW also issued NCCP Approval and Take Authorizations to the City for the MSHCP as per Section 2800 1 CEQA is codified in the California Public Resources Code in section 21000 et seq. The “CEQA Guidelines” are found in Title 14 of the California Code of Regulations, commencing with section 15000.

USFWS-CDFW