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and construct such roads, is assessed to mitigate project-generated traffic impacts on those roads. This Project is subject to an overall TUMF contribution (TUMF Obligation) of $7,638,624.
Pulte Home Company (“Developer”) is the owner of the Project and, as such, was conditioned by the City to re-align and construct a segment of Goetz Road associated with the Project. The segment of Goetz Road to be realigned by the Developer is eligible to receive TUMF credits as the developer would be constructing this portion. The attached TUMF Credit Estimate establishes that the Developer is eligible to receive up to $1,208,943 in TUMF credits for this work. These credits would be applied against the Developer’s overall TUMF Obligation for the Project. In order to receive TUMF credits for Goetz, the Developer must enter into a three-party Improvement and Credit Agreement (“Agreement”) with the City and WRCOG.
The Developer has administered a public bid process to secure a contractor to construct the portion of Goetz Road to be re-aligned and has awarded a construction contract to Marathon General, Inc., as the lowest responsive, responsible bidder. The Developer is now requesting to enter into the Agreement to receive TUMF credits associated with the construction of the Goetz Road realignment. Following application of the full TUMF credits to the overall TUMF Obligation, the Developer’s remaining net TUMF Obligation for the Project would be $6,429,681.
STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility
FISCAL IMPACT
There is no fiscal impact to the City associated with the recommended action.
ATTACHMENTS
1. Project Map
2. Improvement and Credit Agreement
3. TUMF Credit Estimate
4. Pulte Home – Public Bid Spreadsheet
Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 2
Menifee Mayor and City Council
October 4, 2023
Page
100 of 547
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PREPARED FOR/OWNER:
Van Dae/e Homes
2900 Adams Street, Suite C-25
Riverside, CA 92504
Tel: (951) 354-2121
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PROJECT MAP
Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 3
Menifee Mayor and City Council
October 4, 2023
Page
101 of 547
IMPROVEMENT AND CREDIT/ REIMBURSEMENT AGREEMENT
TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM
This IMPROVEMENT AND CREDIT AGREEMENT ("Agreement") is entered into this _day of _____, 2023, (the "Effective Date") by and between the City of Menifee a California municipal corporation ("AGENCY"), the Western Riverside Council of Governments, a joint powers Agency, ("WRCOG") and Pulte Home Company, a Michigan limited liability company, with its principal place of business at 27401 Los Altos, Suite 400, Mission Viejo, CA 92691 ("Developer"). AGENCY and Developer are sometimes hereinafter referre d to individually as "Party" and collectively as "Parties".
RECITALS
WHEREAS, Developer owns approximately 240 acres of real property located within the AGENCY, which is more specifically described in the legal description set forth in Exhibit "A", attached hereto and incorporated herein by this reference ("Property"); WHEREAS, Developer has requested from AGENCY certain entitlements and/or permits for the construction of improvements on the Property, which are more particularly described as 756 single family residential units within Tract No. 36658 ("Project"); WHEREAS, the AGENCY is a member agency of WRCOG, a joint powers agency comprised of the County of Riverside and 18 cities located in Western Riverside County. WRCOG is the administrator for the Transportation Uniform Mitigation Fee ("TUMF") Program; WHEREAS, as part of the TUMF Program, the AGENCY has adopted "Transportation Uniform Mitigation Fee Nexus Study: 2016 Update" ("2016 Nexus Study"); WHEREAS, as a condition to AGENCY's approval of the Project, AGENCY has required Developer to construct certain street and transportation system improvement(s) of regional importance ("TUMF Improvements");
WHEREAS, pursuant to the TUMF Program, the AGENCY requires Developer to pay the TUMF which covers the Developer's fair share of the costs to deliver those TUMF Improvements that help mitigate the Project's traffic impacts and burdens on the Regional System of Highways and Arterials (also known as the "TUMF Network"), generated by the Project and that are necessary to protect the safety, health and welfare of persons that travel to and from the Project using the TUMF Network;
WHEREAS, the TUMF Improvements have been designated as having Regional or Zonal Significance as further described in the 2016 Nexus Study and the 5 year Transportation Improvement Program as may be amended�
WHEREAS, AGENCY. WRCOG and Developer now desire to enter into this Agreement for the following purposes: ( 1) to provide for the timely delivery of the TUMF Improvements, (2) to ensure that delivery of the TUMF Improvements is undertaken as if the TUMF Improvements were constructed under the direction and authority of the AGENCY, (3) to provide a means by which the Developer's costs for project delivery of the TUMF Improvements and 20323 00004\30163105.4
DRAFT 02/09121
Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 4
Menifee Mayor and City Council
October 4, 2023
Page
102 of 547
related right-of-way is offset against Developer's obligation to pay the applicable TUMF for the Project in accordance with the TUMF Administrative Plan adopted by WRCOG, and (4) to provide a means, subject to the separate approval ofWRCOG, for Developer to be reimbursed to the extent the actual and authorized costs for the delivery of the TUMF Improvements exceeds Developer's TUMF obligation.
NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, Developer and AGENCY hereby agree as follows:
TERMS
1.0 Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.
2.0 Construction of TUMF Improvements. Developer shall construct or have constructed at its own cost, expense, and liability certain street and transportation system improvements generally described as Right-of Way dedication and construction of one (I) northbound Goetz Road TUMF lane and one ( 1) southbound Goetz Road TUMF lane beginning south of Thornton A venue and ending north of McLaughlin Road, and as shown more specifically on the plans, profiles, and specifications which have been or will be prepared by or on behalf of Developer and approved by AGENCY, and which are incorporated herein by this reference ("TUMF Improvements").
Construction of the TUMF Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. Developer shall be responsible for the replacement, relocation, or removal of any component of any existing public or private improvement in conflict with the construction or installation of the TUMF Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of AGENCY and the owner of such improvement. Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary to fully and adequately complete the TUMF Improvements.
2.1 Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any portion of the TUMF Improvements until all plans and specifications for the TUMF Improvements have been submitted to and approved by AGENCY. Approval by AGENCY shall not relieve Developer from ensuring that all TUMF Improvements conform with all other requirements and standards set forth in this Agreement.
2.2 Permits and Notices. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the TUMF Improvements and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.
2.3 Public Works Requirements. In order to insure that the TUMF Improvements will be constructed as if they had been constructed under the direction and supervision, or under the 20323.00004\J0163105 iJ
DRAFT 02/09/21
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Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 5
Menifee Mayor and City Council
October 4, 2023
Page
103 of 547
authority of, AGENCY, Developer shall comply with all of the following requirements with respect to the construction of the TUMF Improvements:
(a) Developer shall obtain bids for the construction of the TUMF Improvements, in conformance with the standard procedures and requirements of AGENCY with respect to its public works projects, or in a manner which is approved by the Public Works Department.
(b) The contract or contracts for the construction of the TUMF Improvements shall be awarded to the responsible bidder(s) submitting the lowest responsive bid(s) for the construction of the TUMF Improvements.
(c) Developer shall require, and the specifications and bid and contract documents shall require, all such contractors to pay prevailing wages (in accordance with Articles 1 and 2 of Chapter 1, Part 7, Division 2 of the Labor Code) and to otherwise comply with applicable provisions of the Labor Code, the Government Code and the Public Contract Code relating to public works projects of cities/counties and as required by the procedures and standards of AGENCY with respect to the construction of its public works projects or as otherwise directed by the Public Works Department.
(d) All such contractors shall be required to provide proof of insurance coverage throughout the term of the construction of the TUMF Improvements which they will construct in conformance with AGENCY's standard procedures and requirements. (e) Developer and all such contractors shall comply with such other requirements relating to the construction of the TUMF Improvements which AGENCY may impose by written notification delivered to Developer and each such contractor at any time, either prior to the receipt of bids by Developer for the construction of the TUMF Improvements, or, to the extent required as a result of changes in applicable laws, during the progress of construction thereof.
Developer shall provide proof to AGENCY, at such intervals and in such form as AGENCY may require that the foregoing requirements have been satisfied as to the TUMF Improvements.
2.4 Quality of Work; Compliance With Laws and Codes. The construction plans and specifications for the TUMF Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements.
The TUMF Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with AGENCY, as well as all applicable federal, state, and local laws. ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.
2.5 Standard of Performance. Developer and its contractors, if any, shall perform all work required, constructing the TUMF Improvements in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that 20323 00004\30163105.iJ
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Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 6
Menifee Mayor and City Council
October 4, 2023
Page
104 of 547
all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.
2.6 Alterations to TUMF Improvements. All work shall be done and the TUMF Improvements completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation it is determined that the public interest requires alterations in the TUMF Improvements, Developer shall undertake such design and construction changes as may be reasonably required by AGENCY. Any and all alterations in the plans and specifications and the TUMF Improvements to be completed may be accomplished without first giving prior notice thereof to Developer's surety for this Agreement.
3.0 Maintenance of TUMF Improvements. AGENCY shall not be responsible or liable for the maintenance or care of the TUMF Improvements until AGENCY approves and accepts them.
AGENCY shall exercise no control over the TUMF Improvements until accepted. Any use by any person of the TUMF Improvements, or any portion thereof, shall be at the sole and exclusive risk of Developer at all times prior to AGENCY's acceptance of the TUMF Improvements. Developer shall maintain all of the TUMF Improvements in a state of good repair until they are completed by Developer and approved and accepted by AGENCY, and until the security for the performance of this Agreement is released. It shall be Developer's responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by AGENCY. If Developer fails to properly prosecute its maintenance obligation under this section, AGENCY may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. AGENCY shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the TUMF Improvements or their condition prior to acceptance. In no event shall WRCOG be responsible for the maintenance, operation or care of the TUMF Improvements
4.0 Fees and Charges. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of the construction of the TUMF Improvements, including, but not limited to, all plan check, design review, engineering, inspection, sewer treatment connection fees, and other service or impact fees established by AGENCY.
5.0 AGENCY Inspection of TUMF Improvements. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the TUMF Improvements, maintain reasonable and safe facilities and provide safe access for inspection by AGENCY of the TUMF Improvements and areas where construction of the TUMF Improvements is occurring or will occur.
6.0 Liens. Upon the expiration of the time for the recording of claims of liens as prescribed by Sections 8412 and 8414 of the Civil Code with respect to the TUMF Improvements, Developer shall provide to AGENCY such evidence or proof as AGENCY shall require that all persons, firms and corporations supplying work, labor, materials, supplies and equipment to the construction of the TUMF Improvements, have been paid, and that no claims of liens have been recorded by or on behalf of any such person, firm or corporation. Rather than await the expiration of the said time for the recording of claims of liens, Developer may elect to provide to AGENCY a title insurance 20323.00004\30163105.�
DRAFT 02/09(21
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Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 7
Menifee Mayor and City Council
October 4, 2023
Page
105 of 547
policy or other security acceptable to AGENCY guaranteeing that no such claims of liens will be recorded or become a lien upon any of the Property.
7.0 Acceptance of TUMF Improvements: As-Built or Record Drawings. If the TUMF Improvements are properly completed by Developer and approved by AGENCY, and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements, AGENCY shall be authorized to accept the TUMF Improvements.
AGENCY may, in its sole and absolute discretion, accept fully completed portions of the TUMF Improvements prior to such time as all of the TUMF Improvements are complete, which shall not release or modify Developer's obligation to complete the remainder of the TUMF Improvements.
Upon the total or partial acceptance of the TUMF Improvements by AGENCY, Developer shall file with the Recorder's Office of the County of Riverside a notice of completion for the accepted TUMF Improvements in accordance with California Civil Code sections 8182, 8184, 9204, and 9208 ("Notice of Completion"), at which time the accepted TUMF Improvements shall become the sole and exclusive property of AGENCY without any payment therefor. Notwithstanding the foregoing, AGENCY may not accept any TUMF Improvements unless and until Developer provides one (1) set of "as-built" or record drawings or plans to the AGENCY for all such TUMF Improvements. The drawings shall be certified and shall reflect the condition of the TUMF Improvements as constructed, with all changes incorporated therein.
8.0 Warranty and Guarantee. Developer hereby warrants and guarantees all the TUMF Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of the TUMF Improvements, for a period of one (1) year following completion of the work and acceptance by AGENCY ("Warranty"). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the TUMF Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of AGENCY, and to the approval of AGENCY. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any TUMF Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one ( 1) year period following AGENCY's acceptance of the repaired, replaced, or reconstructed TUMF Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any TUMF Improvement following expiration of the Warranty or any extension thereof. Developer's warranty obligation under this section shall survive the expiration or termination of this Agreement.
9.0 Administrative Costs. If Developer fails to construct and install all or any part of the TUMF Improvements, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to AGENCY for all administrative expenses, fees, and costs, including reasonable attorney's fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.
l 0.0 Default; Notice; Remedies.
20323.00004\30163105,11
DRAFT 02/09/21
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Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 8
Menifee Mayor and City Council
October 4, 2023
Page
106 of 547
l 0.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if AGENCY determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, AGENCY may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation ("Notice"). Developer shall substantially commence the work required to remedy the default or violation within five (5) days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, AGENCY may provide the Notice verbally, and Developer shall substantially commence the required work within twenty four (24) hours thereof. Immediately upon AGENCY's issuance of the Notice, Developer and its surety shall be liable to AGENCY for all costs of construction and installation of the TUMF Improvements and all other administrative costs or expenses as provided for in this Section 10.0 of this Agreement.
10.2 Failure to Remedy; AGENCY Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to AGENCY within the time frame contained in the Notice, AGENCY may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. AGENCY's right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any of the TUMF Improvements at the time of AGENCY's demand for performance. In the event AGENCY elects to complete or arrange for completion of the remaining work and the TUMF Improvements, AGENCY may require all work by Developer or its surety to cease in order to allow adequate coordination by AGENCY.
10.3 Other Remedies. No action by AGENCY pursuant to Section l 0.0 of this Agreement shall prohibit AGENCY from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. AGENCY may exercise its rights and remedies independently or cumulatively, and AGENCY may pursue inconsistent remedies. AGENCY may institute an action for damages, injunctive relief, or specific performance.
11.0 Security; Surety Bonds. Prior to the commencement of any work on the TUMF Improvements, Developer or its contractor shall provide AGENCY with surety bonds in the amounts and under the terms set forth below ("Security"). The amount of the Security shall be based on the estimated actual costs to construct the TUMF Improvements, as determined by AGENCY after Developer has awarded a contract for construction of the TUMF Improvements to the lowest responsive and responsible bidder in accordance with this Agreement ("Estimated Costs"). If AGENCY determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer or its contractor shall adjust the Security in the amount requested by AGENCY. Developer's compliance with this Section 11.0 et seq. of this Agreement shall in no way limit or modify Developer's indemnification obligation provided in Section 12.0 of this Agreement.
20323.00004\30163105.il
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Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 9
Menifee Mayor and City Council
October 4, 2023
Page
107 of 547
11.1 Performance Bond. To guarantee the faithful performance of the TUMF Improvements and all the provisions of this Agreement, to protect AGENCY if Developer is in default as set forth in Section 10.0 et seq. of this Agreement� and to secure the one-year guarantee and warranty of the TUMF Improvements, Developer or its contractor shall provide AGENCY a faithful performance bond in an amount which sum shall be not less than one hundred percent (100%) of the Estimated Costs. The AGENCY may, in its sole and absolute discretion, partially release a portion or portions of the security provided under this section as the TUMF Improvements are accepted by AGENCY, provided that Developer is not in default on any _provision of this Agreement and the total remaining security is not less than ten ( 10 %) of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 11.0 of this Agreement, provided that Developer is not in default on any provision of this Agreement. 11 .2 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, materialmen, and other persons furnishing labor, materials, or equipment for performance of the TUMF Improvements and this Agreement, Developer or its contractor shall provide AGENCY a labor and materials bond in an amount which sum shall not be less than one hundred percent (100%) of the Estimated Costs. The security provided under this section may be released by written authorization of AGENCY after six (6) months from the date AGENCY accepts the TUMF Improvements. The amount of such security shall be reduced by the total of all stop notice or mechanic's lien claims of which AGENCY is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of AGENCY's anticipated administrative and legal expenses arising out of such claims.
11.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best rating of at least ''A" and FSC-VIII, shall be licensed to do business in California, and shall be satisfactory to AGENCY. As part of the obligation secured by the Security and in addition to the face amount of the Security, Developer, its contractor or the surety shall secure the costs and reasonable expenses and fees, including reasonable attorney's fees and costs, incurred by AGENCY in enforcing the obligations of this Agreement. Developer, its contractor and the surety shall stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the TUMF Improvements, or the plans and specifications for the TUMF Improvements shall in any way affect its obligation on the Security.
11.4 Evidence and lnc01:poration of Security. Evidence of the Security shall be provided on the forms set forth in Exhibit "B", unless other forms are deemed acceptable by the AGENCY, and when such forms are completed to the satisfaction of AGENCY, the forms and evidence of the Security shall be attached hereto as Exhibit "B" and incorporated herein by this reference.
12.0 Indemnification. Developer shall defend, indemnify, and hold harmless AGENCY, the Western Riverside Council of Governments (WRCOG), their elected officials, board members, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its employees, contractors, or agents in connection with the performance of this Agreement, or -7-
20323.00004\JOl63 IOS ;I
DRAFT 02/09121
Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 10
Menifee Mayor and City Council
October 4, 2023
Page
108 of 547
arising out of or in any way related to or caused by the TUMF Improvements or their condition prior to AGENCY's approval and acceptance of the TUMF Improvements ("Claims"). This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorney fees, and related costs or expenses, and the reimbursement of AGENCY, WRCOG, their elected officials, board members, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any Claim which is caused solely and exclusively by the negligence or willful misconduct of AGENCY as determined by a court or administrative body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by AGENCY, WRCOG, their elected officials, board members, employees, or agents.
13.0 Insurance.
13.1 Types: Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during performance of this Agreement, insurance of the types and in the amounts described below ("Required Insurance"). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.
13.1. l General Liability. Occurrence form general liability insurance at least as broad as Insurance Services Office Form CG 00 01, or equivalent form, with an occurrence limit of Two Million Dollars ($2,000,000) and aggregate limit of Four Million Dollars ($4,000,000) for bodily injury, personal injury, and property damage.
13.1.2 Business Automobile Liability. Business automobile liability insurance at least as broad as Insurance Services Office Form CA 00 01 (coverage symbol 1 - any auto), or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any auto owned, leased, hired, or borrowed by the insured or for which the insured is responsible.
13.1.3 Workers' Compensation. Workers' compensation insurance with limits as required by the Labor Code of the State of California and employers' liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence, at all times during which insured retains employees.
13. l .4 Professional Liability. For any consultant or other professional who will engineer or design the TUMF Improvements, liability insurance for errors and omissions with limits not less than Two Million Dollars ($2,000,000) per occurrence, shall be procured and maintained for a period of five (5) years following completion of the TUMF Improvements. Such insurance shall be endorsed to include contractual liability.
13.2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by AGENCY. At the option of AGENCY, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects AGENCY, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial 20323 00004\30163105 �
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guarantee satisfactory to AGENCY guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
13.3 Additional Insured; Separation of Insureds. The Required Insurance, except for the professional liability and workers' compensation insurance, shall name AGENCY, WRCOG, their elected officials, board members, officers, employees, and agents as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including any materials, parts, or equipment furnished in connection therewith. For Required Insurance provided by Developer's contractors, WRCOG shall be added as an additional insured using ISO CG 2038 or an exact equivalent. The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to AGENCY, WRCOG, their elected officials, board members, officers, employees, or agents.
13.4 Primary Insurance; Waiver of Subrogation. The Required Insurance, except for the professional liability and workers' compensation insurance shall be primary with respect to any insurance or self-insurance programs covering AGENCY, WRCOG, their elected officials, board members, officers, employees, or agents. The Required Insurance, except for the professional liability insurance, shall provide that the insurance company waives all right of recovery by way of subrogation against AGENCY and WR COG in connection with any damage or harm covered by such policy.
13.5 Certificates; Verification. Developer and its contractors shall furnish AGENCY with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by AGENCY before work pursuant to this Agreement can begin.
AGENCY reserves the right to require complete, certified copies of all required insurance policies, at any time.
13.6 Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on thirty (30) days' prior written notice to AGENCY. If such notice of cancellation endorsements are unavailable, Developer shall provide such thirty (30) days' written notice of cancellation.
13.7 Insurer Rating. Unless approved in writing by AGENCY, all Required Insurance shall be placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least "A" and FSC-VIII.
14.0 TUMF Credit.
14.1 Developer's TUMF Obligation. Developer hereby agrees and accepts that as of the date of this Agreement, the amount Developer is obligated to pay to AGENCY pursuant to Ordinance No. 2017-229 as part of the TUMF Program is SEVEN MILLION SIX HUNDRED
AND THRITY EIGHT THOUSAND SIX HUNDRED AND TWENTY-FOUR DOLLARS ($7,638,624) ("TUMF Obligation"). This TUMF Obligation shall be initially determined under 20323.00004\30163105 ii
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the TUMF fee schedule in effect for the AGENCY at the time the Developer submits a building permit application for the TUMF Improvement. Notwithstanding, this TUMF Obligation does not have to be paid until the Certificate of Occupancy is obtained.
14.2 Fee Adjustments. Notwithstanding the foregoing, Developer agrees that this Agreement shall not estop AGENCY from adjusting the TUMF in accordance with the provisions of Ordinance No. 2017-229.
14.3 Credit Offset Against TUMF Obligation. Pursuant to Ordinance No. 2017-229 and in consideration for Developer's obligation under this Agreement for the delivery of TUMF Improvements, credit shall be applied by AGENCY to offset the TUMF Obligation ("Credit") subject to adjustment and reconciliation under Section 14.5 of this agreement. Developer hereby agrees that the amount of the Credit shall be applied after Developer has initiated the process of project delivery of TUMF Improvements to the lowest responsible bidder in accordance with this Agreement. Developer further agrees that the dollar amount of the Credit shall be equal to the lesser of: (A) the bid amount set forth in the contract awarded to the lowest responsible bidder, or (B) the unit cost assumptions for the TUMF Improvement in effect at the time of the contract award, as such assumptions are identified and determined in the most recent TUMF Nexus Study and the TUMF Administrative Plan adopted by WRCOG ("Unit Cost Assumptions").
The bid amount and the Unit Cost Assumptions shall hereafter be collectively referred to as "Estimated Credit". At no time will the Credit exceed the Developer's TUMF Obligation. If the dollar amount of the Estimated Credit exceeds the dollar amount of the TUMF Obligation, Developer will be deemed to have completely satisfied its TUMF Obligation for the Project and may apply for a reimbursement agreement, to the extent applicable, as provided in Section 14.6 of this Agreement. If the dollar amount of the Estimated Credit is less than the dollar amount of the TUMF Obligation, the Developer agrees the Credit shall be applied to offset the TUMF Obligation as follows:
(i) For residential units in the Project, the Credit shall be applied to all residential units to offset and/or satisfy the TUMF Obligation. The residential units for which the TUMF Obligation has been offset and/or satisfied by use of the Credit, and the amount of offset applicable to each unit, shall be identified in the notice provided to the Developer by AGENCY pursuant to this section.
(ii) For commercial and industrial structures in the Project, the Credit shall be applied to all commercial and industrial development to offset and/or satisfy the TUMF Obligation. The commercial or industrial structure(s) for which the TUMF Obligation has been offset and/or satisfied by use of the Credit, and the amount of offset applicable to such structure(s), shall be identified in the notice provided to the Developer by AGENCY pursuant to this section.
AGENCY shall provide Developer written notice of the determinations that AGENCY makes pursuant to this section, including how the Credit is applied to offset the TUMF Obligation as described above.
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Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 13
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14.4 Verified Cost of the TUMF Improvements. Upon recordation of the Notice of Completion for the TUMF Improvements and acceptance of the TUMF Improvements by AGENCY, Developer shall submit to the AGENCY Public Works Director the information set forth in the attached Exhibit "C". The AGENCY Public Works Director, or his or her designee, shall use the information provided by Developer to calculate the total actual costs incurred by Developer in delivering the TUMF Improvements covered under this Agreement ("Verified Costs"). The AGENCY Public Works Director will use his or her best efforts to determine the amount of the Verified Costs and provide Developer written notice thereof within thirty (30) calendar days of receipt of all the required information from Developer. The Agency may request that WRCOG calculate the amount of the Verified Cost. In this case, the AGENCY shall provide WRCOG written notice and all necessary documentation and allow WRCOG fifteen ( 15) days to determine costs. Agency will notify the Developer within the previous thirty (30) day deadline
14.5 Reconciliation; Final Credit Offset Against TUMF Obligation. The Developer is aware of and accepts the fact that Credits are speculative and conceptual in nature. The actual amount of Credit that shall be applied by AGENCY to offset the TUMF Obligation shall be equal to the lesser of: (A) the Verified Costs or (B) Unit Cost Assumptions for the TUMF Improvements as determined in accordance with Section 14.3 of this Agreement ("Actual Credit"). No Actual Credit will be awarded until the Verified Costs are determined through the reconciliation process.
Please be advised that while a Developer may use an engineer's estimates in order to estimate Credits for project planning purposes, the Actual Credit awarded will only be determined by the reconciliation process.
(a) TUMF Balance. If the dollar amount of the Actual Credit is less than the dollar amount of the TUMF Obligation, the AGENCY Public Works Director shall provide written notice to Developer of the amount of the difference owed ("TUMF Balance") and Developer shall pay the TUMF Balance in accordance with Ordinance No. 2 017-229 to fully
satisfy the TUMF Obligation (see Exhibit "F" -Example "A"). (b) TUMF Reimbursement. If the dollar amount of the Actual Credit exceeds the TUMF Obligation, Developer will be deemed to have fully satisfied the TUMF Obligation for the Project and may apply for a reimbursement agreement, to the extent applicable, as provided in Section 14.6 of this Agreement. AGENCY shall provide Developer written notice of the determinations that AGENCY makes pursuant to this section (see Exhibit "F" - Example "B").
(c) TUMF Overpayment. If the dollar amount of the Actual Credit exceeds the Estimated Credit, but is less than the TUMF Obligation, but the Actual Credit plus additional monies collected by AGENCY from Developer for the TUMF Obligation exceed the TUMF Obligation ("TUMF Overpayment"), Developer will be deemed to have fully satisfied the TUMF Obligation for the Project and may be entitled to a refund. The AGENCY's Public Works Director shall provide written notice to WR COG and the Developer of the amount of the TUMF
Overpayment and AGENCY shall direct WRCOG to refund the Developer in accordance with Ordinance 2017-0229, (see Exhibit "F" -Example C)
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Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 14
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14.6 Reimbursement Agreement. If authorized under either Section 14.3 or Section 14.5 Developer may apply to AGENCY and WRCOG for a reimbursement agreement for the amount by which the Actual Credit exceeds the TUMF Obligation, as determined pursuant to Section 14.3 of this Agreement, Ordinance No. 2017-229 and the TUMF Administrative Plan adopted by WRCOG ("Reimbursement Agreement"). If AGENCY and WRCOG agree to a Reimbursement Agreement with Developer, the Reimbursement Agreement shall be executed on the form set forth in Exhibit "D," and shall contain the terms and conditions set forth therein.
The Parties agree that the Reimbursement Agreement shall be subject to all terms and conditions of this Agreement, and that upon execution, an executed copy of the Reimbursement Agreement shall be attached hereto and shall be incorporated herein as a material part of this Agreement as though fully set forth herein.
15.0 Miscellaneous.
15 .1 Assignment. Developer may, as set forth herein, assign all or a portion of its rights pursuant to this Agreement to a purchaser of a portion or portions of the Property ("Assignment").
Developer and such purchaser and assignee ("Assignee") shall provide to AGENCY such reasonable proof as it may require that Assignee is the purchaser of such portions of the Property.
Any assignment pursuant to this Section shall not be effective unless and until Developer and Assignee have executed an assignment agreement with AGENCY in a form reasonably acceptable to AGENCY, whereby Developer and Assignee agree, except as may be otherwise specifically provided therein, to the following: (I) that Assignee shall receive all or a portion of Developer's rights pursuant to this Agreement, including such credit as is determined to be applicable to the portion of the Property purchased by Assignee pursuant to Section 14.0 et seq. of this Agreement, and (2) that Assignee shall be bound by all applicable provisions of this Agreement.
15.2 Relationship Between the Parties. The Parties hereby mutually agree that this Agreement shall not operate to create the relationship of partnership, joint venture, or agency between or among AGENCY. WRCOG and Developer. Developer's contractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of AGENCY. This Agreement shall be interpreted and administered in a manner consistent with the TUMF Administrative Plan in effect at the time this Agreement is executed.
15.3 Warranty as to Property Ownership; Authority to Enter Agreement. Developer hereby warrants that it owns fee title to the Property and that it has the legal capacity to enter into this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party.
15.4 Prohibited Interests. Developer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Developer, to solicit or secure this Agreement. Developer also warrants that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Developer, any fee, commission, percentage. brokerage fee, gift, or other consideration contingent upon the making of this Agreement. For breach of this warranty, AGENCY shall have the right to rescind this Agreement without liability.
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Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 15
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15.5 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:
To AGENCY: City of Menifee
Attn: Public Works Director
29844 Haun Road
Menifee, CA 92586
To WR COG: Western Riverside Council of Governments
3390 University A venue, Suite 200
Riverside, CA 92501
Attention: Executive Director
Telephone: (951) 405-6700
Fax No. (951) 223-9720
To Developer: Pulte Home Company
Attn: Darren Warren . ________ _
27401 Los Altos, Suite 400
Mission Viejo, CA 92691
Telephone: (949) 330-8544
Fax No. (949) 330-8601
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.
15.6 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
15.7 Construction; References: Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and contractors of Developer, except as otherwise specified in this Agreement. All references to AGENCY include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
15.8 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 20323 00004\l-0 I 63 I 05 ii
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Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 16
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15. 9 Termination. This Agreement shall terminate 10 years after the Effective Date, unless extended in writing by the Parties. In addition, this Agreement shall terminate 5 years after the Effective Date in the event that the TUMF Improvements as specified in the Credit Agreement is not commenced within 5 years of the Effective Date.
15.9.1 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.
15. 9 .2 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.
15. 9.3 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
15.9.4 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
15. 9 .5 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Riverside, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.
15.9.6 Time is of the Essence. Time is of the essence in this Agreement, and the Parties agree to execute all documents and proceed with due diligence to complete all covenants and conditions.
15. 9. 7 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.
15.9.8 Entire Agreement. This Agreement contains the entire agreement between AGENCY and Developer and supersedes any prior oral or written statements or agreements between AGENCY and Developer.
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!SIGNATURES OF PARTIES ON NEXT PAGE)
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Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 17
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.
ATTEST:
By:------------
Its: --------------
ATTEST:
By: -------------
Its:
ATTEST:
By:
Its:
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WESTERN RIVERSIDE COUNCIL OF
GOVERNMENT:
By:
Its: Executive Director-
AGENCY:
CITY OF MENIFEE
By:
Its: ----------------
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Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 18
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20323.00004130163105.il
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EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
(ATTACH BEHIND THIS PAGE]
EXHIBIT A-I
Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 19
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EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MENIFEE, IN
THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCELS I THROUGH 7 OF PARCEL MAP NO. 36657, IN THE CITY OF MENIFEE, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY PARCEL MAP ON FILE IN BOOK 245 PAGES 70 THROUGH 87 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SEPTEMBER 19, 2018.
EXCEPTING A 1/2 INTEREST IN ALL OIL AND MINERAL RIGHTS LOCATED ON SAID
PROPERTY, WITH THE RIGHT OF ENTRY ON SAID PREMISES FOR, MINING AND REMOVING SAME, AS RESERVED TN DEED FROM ALICE 0. HANSEN AND A. A.
HANSEN, RECORDED NOVEMBER 4, 1920 IN BOOK 537 PAGE 292 OF DEEDS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
ALSO EXCEPTING 50% OF ALL OIL, GAS, MINERAL, URANIUM AND OTHER
HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND, AS RESERVED BY RANCH DEVELOPMENT CORPORATION, A CORPORATION. IN DEED RECORDED FEBRUARY 9, 1956 IN BOOK 1860, PAGE 508 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
ALSO EXCEPTING THEREFROM ALL URANIUM, THORIUM AND OTHER FISSIONABLE MATERIALS, ALL OIL, GAS, PETROLEUM. ASPHALTUM, AND OTHER HYDROCARBON
SUBSTANCES AND OTHER MINERALS AND MINERAL ORES OF EVERY KIND AND
CHARACTER, WHETHER SIMILAR TO THESE HEREIN SPECIFIED OR NOT, WITHIN OR
UNDERLYING, OR WHICH MAY BE PRODUCED FROM THE HEREINBEFORE
DESCRIBED LAND, TOGETHER WITH THE RIGHT TO USE THAT PORTION ONLY OF SAID LAND WHICH UNDERLIES A PLANE PARALLEL TO AND FIVE HUNDRED (500)
FEET BELOW THE PRESENT SURFACE OF SAID LAND, FOR THE PURPOSE OF
PROSPECTING FOR, DEVELOPING AND/OR EXTRACTING SAID URANIUM, THORIUM
AND OTHER FISSIONABLE MATERIALS, OIL, GAS, PETROLEUM, ASPHALTUM AND
OTHER MINERAL OR HYDROCARBON SUBSTANCES FROM SAID LAND, IT BEING
EXPRESSLY UNDERSTOOD AND AGREED THAT SAID SOUTHERN CALIFORNIA
EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, SHALL HAVE NO RIGHT TO
ENTER UPON THE SURF ACE OF SAID LAND OR TO USE SAID LAND OR ANY PORTION THEREOF TO SAID DEPTH OF FIVE HUNDRED (500) FEET FOR ANY PURPOSE
WHATSOEVER, AS RESERVED BY SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, IN DEED RECORDED JUNE 2, 1997, AS INSTRUMENT NO. 193338, OFFICIAL RECORDS.
APN: 335-070-054, 055, 056, 057, 058 AND 335-430-027, 028 AND 330-220-016, 017, 018, 019 AND 330-230-042, 043, 044, 045
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EXHIBIT A-2
Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 20
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EXHIBIT uB"
FORMS FOR SECURITY
[ATTACHED BEHIND THIS PAGE]
EXHIBIT 8-1
Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 21
Menifee Mayor and City Council
October 4, 2023
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BOND NO. ---------
INITIAL PREMIUM: $45,825.00
SUBJECT TO RENEW AL
PERFORMANCE BOND
WHEREAS, the City of Menifee ("AGENCY") has executed an agreement with Pulte Home Company, (h ereinafter "Developer"), requiring Developer to perform certain work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of street and transportation system improvements (hereinafter the "Work");
WHEREAS, the Work to be performed by Developer is more particularly set forth in that certain TUMF Improvement and Credit/Reimbursement Agreement dated ____________ , (hereinafter the "Agreement"); and WHEREAS, the Agreement is hereby referred to and incorporated herein by this reference; and
WHEREAS, Developer or its contractor is required by the Agreement to provide a good and sufficient bond for performance of the Agreement, and to guarantee and warranty the Work constructed thereunder.
NOW, THEREFORE, we the undersigned, _________ , as
Principal and _______ _, a corporation organized and existing under the laws of the State of ____ and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the AGENCY m the sum of
($ ______ _,, said sum being not less than one hundred percent (100%) of the total cost of the Work as set forth in the Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such, that if Developer and its contractors, or their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless AGENCY, its officers, employees, and agents, as stipulated in the Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by AGENCY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Agreement or to the Work to be performed 20323.00004\30163 IOS �
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EXHIBIT B-2
US00124296SU23A
Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 22
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thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work.
IN WITNESS WHEREOF, we have hereto set our hands and seals this __ day on __________ ,20_
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Principal
By:
Surety
By:
President
Attorney-in-Fact
EXHIBIT B-3
Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 23
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October 4, 2023
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BOND NO. ---------
1 NIT I AL PREMIUM: Included in Performance Bond
SUBJECT TO RENEW AL
LABOR & MATERIAL BOND
WHEREAS, the City of Menifee ("AGENCY") has executed an agreement with Pulte Homes Company, LLC (hereinafter "Developer"), requiring Developer to perform certain work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of street and transportation system improvements (hereinafter "Work");
WHEREAS, the Work to be performed by Developer is more particularly set forth in that certain Improvement and Credit I Reimbursement Agreement dated , (hereinafter the "Agreement"); and
WHEREAS, Developer or its contractor is required to furnish a bond in connection with the Agreement providing that if Developer or any of his or its contractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of the California Civil Code, with respect to such work or labor, that the
Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond.
NOW, THEREFORE, we the undersigned, _____________ , as
Principal and ---�-----' a corporation organized and existing under the laws of the State of _____ and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the AGENCY and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the said Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said Work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid, the sum of ($ ______ __,, said sum being not less than 100% of the total amount payable by Developer under the terms of the Agreement, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if Developer or its contractors, or their heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the 20323 .00004\.lO
1631 OS.ii
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EXHIBIT B-6
US00124296SU23A
Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 24
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Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein.
In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 8024, 8400, 8402, 8404, 8430, 9100 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the Agreement or to the Work to be performed thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work.
IN WITNESS WHEREOF, we have hereto set our hands and seals this __ day on _________ ,20_
20323 00004\30163105 iJ
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Principal
By:
Surety
By:
President
Attorney-in-Fact
EXHIBIT 8-7
Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 25
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Item Title: 10.5
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Item Title: 10.5
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Item Title: 10.5
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Item Title: 10.5
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Item Title: 10.5
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Item Title: 10.5
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Item Title: 10.5
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Item Title: 10.5
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Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 34
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Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 35
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Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 36
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Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 37
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Item Title: 10.5
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Item Title: 10.5
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Item Title: 10.5
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Item Title: 10.5
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Item Title: 10.5
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Item Title: 10.5
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Item Title: 10.5
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Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 45
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Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 46
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EXHIBIT "C"
DOCUMENTATION TO BE PROVIDED TO AGENCY BY DEVELOPER FOR
DETERMINATION OF VERIFIED COSTS
To assist AGENCY in determining the Verified Costs for a completed TUMF Improvement, Developer shall provide the following documents to AGENCY:
1. Plans, specifications and Developer's civil engineer's cost estimate;
2. If Developer is seeking Credit for such costs, documentation evidencing cost of any required environmental studies, preparation of designs, plans and specifications, required right of way acquisition, and other costs directly related to the development of the TUMF Improvement. Only actual, documented and reasonable costs directly related to the TUMF Improvement will be considered. Costs should be documented as specified below.
3. Costs claimed for right of way acquisition must be accompanied by an appraisal (no more than two years old at the time of acquisition) completed by an MAI appraiser, and documentation of transfer of such right of way to the AGENCY, or applicable public agency.
The appraisal must be approved by the AGENCY as valid and acceptable.
4. List of bidders from whom bids were requested;
5. Construction schedules and progress reports;
6. Contracts, insurance certificates and change orders with each contractor, consultant, service provider or vendor;
7. Invoices received from all contractors, consultants, service providers and vendors;
8. Canceled checks for payments made to contractors, consultants, service providers and vendors (copy both front and back of canceled checks);
9. Spreadsheet showing total costs incurred in and related to the construction of each TUMF Improvement and the check number for each item of cost and invoice;
10. Final lien releases from each contractor and vendor; and
11. Such further documentation as may be reasonably required by AGENCY to evidence the completion of construction and the payment of each item of cost and invoice. 20323.00004\30163 IOH
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EXHIBIT C-1
Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 47
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October 4, 2023
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EXHIBIT "D"
REIMBURSEMENT AGREEMENT
TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM
THIS REIMBURSEMENT AGREEMENT ("Agreement") is entered into this_ day of ________ , 20_, by and between the City of Menifee, a California municipal corporation ("AGENCY"), the Western Riverside Council of Governments ("WRCOG"), a Joint Powers Agency and Pulte Home Company, a Michigan limited liability company, with its principal place of business at 27401 Los Altos, Suite 400, Mission Viejo, CA 92691 ("Developer"). AGENCY and Developer are sometimes hereinafter referred to individually as "Party" and collectively as "Parties".
RECITALS
WHEREAS, AGENCY, WRCOG and Developer are parties to an agreement dated 20_, entitled "Improvement and Credit Agreement - Transportation Uniform Mitigation Fee Program" (hereinafter "Credit Agreement"); WHEREAS, Sections 14.1 through 14.3 of the Credit Agreement provide that Developer is obligated to pay AGENCY the TUMF Obligation, as defined therein, but shall receive credit to offset the
TUMF Obligation if Developer constructs and AGENCY accepts the TUMF Improvements in accordance with the Credit Agreement;
WHEREAS, Section 14.5 of the Credit Agreement provides that if the dollar amount of the credit to which Developer is entitled under the Credit Agreement exceeds the dollar amount of the TUMF
Obligation, Developer may apply to AGENCY and WRCOG for a reimbursement agreement for the amount by which the credit exceeds the TUMF Obligation; WHEREAS, Section 14.5 additionally provides that a reimbursement agreement executed pursuant
to the Credit Agreement (i) shall be executed on the form attached to the Credit Agreement, (ii) shall contain the terms and conditions set forth therein, (iii) shall be subject to all terms and conditions of the Credit Agreement, and (iv) shall be attached upon execution to the Credit Agreement and incorporated therein as a material part of the Credit Agreement as though fully set forth therein; and
WHEREAS, AGENCY
and WRCOG have consented to execute a reimbursement
agreement with Developer pursuant to the Credit Agreement, Ordinance 201 7-229, and the TUMF Administrative Plan adopted by WRCOG.
NOW, THEREFORE, for the purposes
set forth herein, and for good and valuable
consideration, the adequacy of which is hereby acknowledged, the Parties hereby agree as follows:
EXHIBIT D-1
20323.00004\30163105.il
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Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 48
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October 4, 2023
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TERMS
1.0 Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.
2.0 Effectiveness. This Agreement shall not be effective unless and until the Credit Agreement is effective and in full force in accordance with its terms.
3.0 Definitions. Terms not otherwise expressly defined in this Agreement, shall have the meaning and intent set forth in the Credit Agreement.
4.0 Amount of Reimbursement. Subject to the terms, conditions, and limitations set forth in this Agreement, the Parties hereby agree that Developer is entitled to receive the dollar amount by which the Actual Credit exceeds the dollar amount of the TUMF Obligation as determined pursuant to the Credit Agreement, Ordinance 2017-0229, and the TUMF Administrative Plan adopted by WRCOG ("Reimbursement").The Reimbursement shall be subject to verification by WRCOG. AGENCY and Developer shall provide any and all documentation reasonably necessary for WRCOG to verify the amount of the Reimbursement. The Reimbursement shall be in an amount not exceeding ONE MILLION TWO
HUNDRED AND EIGHT THOUSAND NINE HUNDRED AND FORTY-
THREE DOLLARS [$1,208,943] ("Reimbursement Amount"). WRCOG shall, upon receipt and approval of information requested by WRCOG, shall be responsible for transmitting the Reimbursement Amount to the Developer. In no event shall the dollar amount of the Reimbursement exceed the difference between the dollar amount of all credit applied to offset the TUMF Obligation pursuant to Section 14.3, 14.4, and 14.5 of the Credit Agreement, and one hundred (100%) of the approved unit awarded, as such assumptions are identified and determined in the Nexus Study and the TUMF Administrative Plan adopted by WRCOG.
5.0 Payment of Reimbursement: Funding Contingency. The payment of the Reimbursement Amount shall be subject to the following conditions:
5.1 Developer shall have no right to receive payment of the Reimbursement unless and until (i) the TUMF Improvements are completed and accepted by AGENCY in accordance with the Credit Agreement, (ii) the TUMF Improvements are scheduled for funding pursuant to the fiveyear Transportation Improvement Program adopted annually by WRCOG, (iii) WRCOG has funds available and appropriated for payment of the Reimbursement amount.
5.2 Developer shall not be entitled to any interest or other cost adjustment for any delay between the time when the dollar amount of the Reimbursement is determined and the time when payment of the Reimbursement is made to Developer by WRCOG through AGENCY.
6.0 Affirmation of Credit Agreement. AGENCY and Developer represent and warrant to each other that
there have been no written or oral modifications or amendments of the Credit Agreement, except by this Agreement. AGENCY and Developer ratify and reaffirm each and every one of their respective rights and obligations arising under the Credit Agreement.
AGENCY and Developer represent and warrant that the Credit Agreement is currently an effective, valid, and binding obligation.
EXHIBIT D-2
20323.00004
\30163 I0S J
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Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 49
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October 4, 2023
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7.0 Incoi:poration Into Credit Agreement. Upon execution of this Agreement, an executed original of this Agreement shall be attached as Exhibit "D" to the Credit Agreement and shall be incorporated therein as a material part of the Credit Agreement as though fully set forth therein.
8.0 Terms of Credit Agreement Controlling. Each Party hereby affirms that all provisions of the Credit Agreement are in full force and effect and shall govern the actions of the Parties under this Agreement as though fully set forth herein and made specifically applicable hereto, including without limitation, the following sections of the Credit Agreement: Sections 10.0 through I 0.3, Section 12.0, Sections 13.0 through 13.7, Sections 14.0 through 14.6, and Sections 15.0 through
15.17. 20323 .00004\301631 OH
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[SIGNATURES OF PARTIES ON NEXT PAGE]
EXHIBIT D-3
Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 50
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.
ATTEST:
By:
Its: --------------
ATTEST: __________________________
By:Sarah Manwaring
Its: City Clerk
("Developer")
By: ---------------
Its:
City of Menifee _______________
By: Armando Villa
Its: City Manager-----------------
EXHIBIT D-4
20323.00004\30163 IOH
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Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 51
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October 4, 2023
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EXHIBIT "E"
TUMF CREDIT/ REIMBURSEMENT ELIGIBILITY PROCESS
1. Prior to the construction of any TUMF Improvement, Developer shall follow the steps listed below:
(a) Prepare a separate bid package for the TUMF Improvements. (b) The plans, cost estimate, specifications and contract document shall require all contractors to pay prevailing wages and to comply with applicable provisions of the Labor Code, Government Code, and Public Contract Code relating to Public Works Projects. (c) Bids shall be obtained and processed in accordance with the formal public works bidding requirements of the AGENCY.
(d) The contract(s) for the construction of TUMF Improvements shall be awarded to the lowest responsible bidder(s) for the construction of such facilities in accordance with the AGENCY's requirements and guidelines.
(e) Contractor(s) shall be required to provide proof of insurance coverage throughout the duration of the construction.
2. Prior to the determination and application of any Credit pursuant to a TUMF Improvement and Credit Agreement executed between AGENCY and Developer ("Agreement"), Developer shall provide the AGENCY and WRCOG with the following:
(a) Copies of all information listed under Item 1 above. (b) Surety Bond, Letter of Credit, or other form of security permitted under the Agreement and acceptable to the AGENCY and WRCOG, guaranteeing the construction of all applicable TUMF Improvements.
3. Prior to the AGENCY's acceptance of any completed TUMF Improvement, and in order to initiate the construction cost verification process, the Developer shall comply with the requirements as set forth in Sections 7, 14.2 and 14.3 of the Agreement, and the following conditions shall also be satisfied:
(a) Developer shall have completed the construction of all TUMF Improvements in accordance with the approved Plans and Specifications. (b) Developer shall have satisfied the AGENCY's inspection punch list. (c) After final inspection and approval of the completed TUMF Improvements, the AGENCY shall have provided the Developer a final inspection release letter. 20323.00004\30163105 9
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Item Title: 10.5
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(d) AGENCY shall have filed a Notice of Completion with respect to the TUMF Improvements pursuant to Section 3093 of the Civil Code with the County Recorder's Office, and provided a copy of filed Notice of Completion to WRCOG. (e) Developer shall have provided AGENCY a copy of the As-Built plans for the TUMF Improvements.
(f) Developer shall have provided AGENCY copies of all permits or agreements that may have been required by various resource/regulatory agencies for construction, operation and maintenance of any TUMF Improvements. (g) Developer shall have submitted a documentation package to the AGENCY to determine the final cost of the TUMF Improvements, which shall include at a minimum, the following documents related to the TUMF Improvements:
(i) Plans, specifications, and Developer's Civil Engineer's cost estimates; or Engineer's Report showing the cost estimates. (ii) If DEVELOPER is seeking Credit for such costs, documentation evidencing cost of any required environmental studies, preparation of designs, plans and specifications, required right of way acquisition, and other costs directly related to the development of the TUMF Improvements. Only actual, documented and reasonable costs directly related to the TUMF Improvements will be considered. Costs should be documented as specified below.
(iii) Costs claimed for right of way acquisition must be accompanied by an appraisal (no more than two years old at the time of acquisition) completed by an MAI appraiser, and documentation of transfer of such right of way to the AGENCY, or applicable public agency. The appraisal must be approved by the AGENCY as valid and acceptable. (iv) Contracts/agreements, insurance certificates and change orders with each vendor or contractor.
vendors.
(v) Invoices from all contractors, consultants, service providers and (vi) Copies of cancelled checks, front and back, for payments made to contractors. consultants, service providers and vendors. (vii) Final lien releases from each contractor and vendor (unconditional waiver and release).
(viii) Certified contract workers payroll for AGENCY verification of compliance with prevailing wages.
(ix) A total cost summary, in spreadsheet format (MS Excel is preferred) and on disk, showing a breakdown of the total costs incurred. The summary should include for each item claimed the check number, cost, invoice numbers, and name of payee. 20323.00004\30163105.;t
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Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 53
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Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 54
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Exhibit F
Pulte Homes - Cimarron Ridge (Tract No. 36658)
Goetz Road - TUMF Credit Estimate
June 8, 2023
ESTIMATED TUMF OBLIGATION CALCULATION
Paid TUMF Fee per Unit Units Amount
Single Family Residential -$ 756 -$ Paid Subtotal 756 -$
Unpaid TUMF - Estimated Remaining Units Fee per Unit Units Amount Residential Units 10,104.00$ 756 7,638,624$ Estimated Subtotal 756 7,638,624$
Obligation Total 756 7,638,624$
TUMF Network Road Segment applicable to Proposed Improvements Cost Item Amount Goetz Rd - Lesser to Ethanac
Network Distance: 1.04 Road Const 699,346$
Existing Lanes: 2 ROW/Utilities 355,531$
Increase in Lanes: 2 Planning (10%) 69,844$
Engineering (25%) 174,836$
Contingency (10%) 105,443$
Maximum TUMF Share (a) 1,405,000$
Network Unit Cost per Lane mile * 675,481$
Network Unit Cost per Lane foot 128$
* TUMF Share divided by total lane distance for 2 add'l lanes (i.e., 2.08 Miles) Road Improvement Cost Estimate (based on Network Unit Cost per Lane foot) Lane Construction Limits (Sta. to Sta.) (c) Linear Feet Per Lane Amount (b) 3 110+05.98 135+71.72 (Goetz, North of Valley Blvd) SB 2,566 328,240$ 4 110+05.98 127+88.19 (Goetz, North of Valley Blvd) NB 1,785 228,385$ 3 10+00.00 41+87.04 (Goetz, South of Valley Blvd) NB 3,187 407,724$ 4 10+00.00 29+00.00 (Goetz, South of Valley Blvd) SB 1,912 244,593$ TUMF Road Total 9,450 1,208,943$ TOTAL TUMF UNIT COST ASSUMPTION FOR ELIGIBLE IMPROVEMENTS 1,208,943$ Footnotes:
(a) Maximum TUMF Share provided by Christopher Gray, WRCOG Deputy Executive Director, on 5/11/2023. (b) Represents the Linear Fee per Lane times the Network Unit Cost per Lane foot. (c) See Tract No. 36658 Backbone Phase 1 Street and Drainage Improvement Plans.
TUMF Improvement and Credit Agreement
EXHIBIT G-2
Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge Item Page Number: 55
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PROJECT: Goetz Road Street Improvements BID DATE: May 25, 2023 LOCATION: City of Menifee
FILE NO.: 6220-2302
OWNER: Pulte Homes
CONTRACTOR:
1. Marathon General, Inc.
2. All American Asphalt
3. Hillcrest Contracting
4. Eagle Paving Company, Inc. dba Toro Engineering
Prepared by:
Shannon Lee
Reviewed by:
Erica Langham
4,424,424.00$
BID SPREAD
16800 Aston Suite 200, Irvine, CA 92606
(949) 988-3270
WWW.MUROWDC.COM
11,000,000.00$
TOTAL
4,194,000.29$
4,692,692.99$
1 of 2
Item Title: 10.5
Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge
Item Page Number: 56
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October 4, 2023
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PROJECT: Goetz Road Street Improvements BID DATE: May 25, 2023 LOCATION: City of Menifee
FILE NO.: 6220-2302
OWNER: Pulte Homes
BID SPREAD
16800 Aston Suite 200, Irvine, CA 92606
(949) 988-3270
WWW.MUROWDC.COM
ITEM UNIT UNIT UNIT UNIT UNIT
NO. Goetz Road Street Improvements MEAS QUAN PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT
1. Mobilization/Demobilization (2% Max of Contract) LS 1 24,027.00 24,027.00 85,000.00 85,000.00 38,347.52 38,347.52 155,074.00 155,074.00
2. Additional Mobilization for Sidewalk in Phase 1 LS 1 1,500.00 1,500.00 6,000.00 6,000.00 3,500.00 3,500.00 15,000.00 15,000.00
3. Additional Mobilization for Phase 2 LS 1 7,700.00 7,700.00 15,000.00 15,000.00 18,000.00 18,000.00 45,000.00 45,000.00
4. Payment and Performance Bonds LS 1 38,500.00 38,500.00 41,000.00 41,000.00 23,000.00 23,000.00 165,000.00 165,000.00
5. Traffic Control Allowance LS 1 40,000.00 40,000.00 40,000.00 40,000.00 40,000.00 40,000.00 40,000.00 40,000.00
6. Erosion Control (Protection of Work) LS 1 10,500.00 10,500.00 5,012.20 5,012.20 15,000.00 15,000.00 300,000.00 300,000.00
7. Roadway Excavation LS 1 80,000.00 80,000.00 275,000.00 275,000.00 130,000.00 130,000.00 1,401,745.00 1,401,745.00
8. Remove Existing Street Improvements SF 84,099 1.25 105,123.75 0.90 75,689.10 1.25 105,123.75 4.50 378,445.50
9. Remove Existing Street Improvements Including Asphalt, Curb and Gutter and Handicap Ramps at Goldenrod Avenue and Goetz Road LS 1 42,500.00 42,500.00 28,000.00 28,000.00 90,000.00 90,000.00 45,000.00 45,000.00
10. Remove and Realign Curb and Gutter LF 691 13.00 8,983.00 55.00 38,005.00 65.00 44,915.00 125.00 86,375.00
11. Sawcut and Join Existing Pavement per Detail on Sheet 17 LF 242 2.00 484.00 16.00 3,872.00 2.25 544.50 10.00 2,420.00
12. Construct 6" AC over 13.5" AB per City of Menifee Standards SF 471,178 5.32 2,506,666.96 5.15 2,426,566.70 6.20 2,921,303.60 11.00 5,182,958.00
13. Construct 5" AC over 10.5" AB per City of Menifee Standards SF 9,945 7.50 74,587.50 4.90 48,730.50 5.15 51,216.75 11.00 109,395.00
14. Construct Sidewalk per City of Menifee Standard 400 SF 44,085 5.60 246,876.00 5.55 244,671.75 4.75 209,403.75 18.00 793,530.00
15. Construct Meandering Sidewalk per City of Menifee Standard 401 SF 21,423 7.55 161,743.65 6.30 134,964.90 6.30 134,964.90 20.00 428,460.00
16. Construct Modified 11' Wide Cross Gutter per Detail on Sheet 17 SF 3,961 16.75 66,346.75 18.80 74,466.80 15.75 62,385.75 25.00 99,025.00
17. Construct 8" Curb and Gutter per City of Menifee Standard 201 LF 7,652 33.50 256,342.00 33.60 257,107.20 30.00 229,560.00 48.00 367,296.00
18. Construct 8A Curb per City of Menifee Standard 203 LF 4,881 24.00 117,144.00 21.95 107,137.95 20.00 97,620.00 48.00 234,288.00
19. Construct 6" Curb and Gutter per City of Menifee Standard 200 LF 254 69.00 17,526.00 30.00 7,620.00 50.00 12,700.00 125.00 31,750.00
20. Construct 8" Asphalt Berm per City of Menifee Standard 204 LF 2,355 11.00 25,905.00 14.40 33,912.00 15.00 35,325.00 16.00 37,680.00
21. Construct Pedestrian Ramp Type 1 per City of Menifee Standard 405 EA 13 1,450.00 18,850.00 2,500.00 32,500.00 775.00 10,075.00 6,600.00 85,800.00
22. Construct Commericial Driveway Approach per City of Menifee Standard 208 (W=20') EA 1 19,500.00 19,500.00 8,500.00 8,500.00 11,500.00 11,500.00 13,000.00 13,000.00
23. Furnish and Install 6" PVC Drain Pipe per Detail on Sheet 2 LF 531 18.50 9,823.50 95.00 50,445.00 66.00 35,046.00 20.00 10,620.00
24. Furnish and Install 18" x 18" Brooks Box Catch Basin with Traffic Rated Steel Grate or Approved Equivalent per Details on Sheets 2 and 34 EA 5 1,500.00 7,500.00 2,800.00 14,000.00 5,900.00 29,500.00 3,000.00 15,000.00
25. Fine Grade and Subgrade Prep for Sidewalk SF 65,508 0.90 58,957.20 0.95 62,232.60 1.27 83,195.16 2.00 131,016.00
26. Fine Grade and Subgrade Prep for Paving SF 481,123 0.16 76,979.68 0.21 101,035.83 0.17 81,790.91 1.00 481,123.00
27. Fine Grade and Subgrade Prep for Parkway SF 87,411 0.30 26,223.30 0.55 48,076.05 0.40 34,964.40 1.50 131,116.50
28. Fine Grade and Subgrade Prep for Median SF 15,711 1.00 15,711.00 2.22 34,878.42 1.00 15,711.00 3.00 47,133.00
29. Signing and Striping LS 1 128,000.00 128,000.00 125,000.00 125,000.00 128,000.00 128,000.00 166,750.00 166,750.00 ======== ======== ======== ========
4,194,000.29 4,424,424.00
All American Asphalt
4,692,692.99 11,000,000.00
Eagle Paving CompanyMarathon General Hillcrest Contracting
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Agreement with Pulte Home Company and Western Riverside Council of Governments for Transportation Uniform Mitigation Fee Program for Tract Map No. 36658, Cimarron Ridge
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CITY OF MENIFEE
SUBJECT: Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project
MEETING DATE: October 4, 2023
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Engineering Manager
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 6 to the Professional Services Agreement with T.Y. Lin International increasing the compensation by $75,159 for a total agreement amount not-to-exceed $2,571,667, and extending the term through December 31, 2024 for the Holland Road / I-215 Overcrossing, Capital Improvement Program Project No. CIP 13-03.
DISCUSSION
The Holland Road / I-215 Overcrossing, Capital Improvement Program (CIP) Project No. CIP 13- 03 (“Project”) is a four-lane bridge over I-215 from Haun Road to Hannover Lane providing a connection to the City’s east and west sides. Construction of the Project requires installation of mechanically stabilized earth retaining walls on the east side, improvements to drainage, irrigation, landscaping, and the installation of traffic signals on Holland Road at Haun Road and Hannover Lane. The Project is currently in active construction.
On April 16, 2014, the City of Menifee entered into a Professional Services Agreement (PSA) with T.Y. Lin International (Consultant) to provide civil design, plans, specifications, and estimate (PS&E) services for the Project.
Throughout the duration of this Project, several preceding amendments to the original PSA have been necessary to accommodate unanticipated costs associated with the substantial scope of work. Details of each prior amendment are outlined in Table 1 on the following page.
Although staff makes every effort to carefully study and anticipate the extent of the scope of work needed to achieve project goals, unforeseen task needs are often experienced as a project of this magnitude progresses resulting in anticipated costs that were unknown at the time of original Item Title: 10.6
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 1
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TY LIN Amendment No. 6 for CIP 13-03
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project proposals. Additional requirements may also be imposed by external agencies resulting in necessary increases to the scope of work and extension of a project’s timeline.
Table 1 - Contract Amendment History
PSA Activity Approval Date Summary of Changes Value
Original Contract April 16, 2014 Civil engineering design services $1,766,130 Amendment No. 1 April 14, 2016 Utility conflicts, drainage & PS&E revisions per Caltrans standards $95,100
Amendment No. 2 July 18, 2018
Permit Engineering Evaluation
Report prep, right-of-way data
sheets, engineering & coordination
$276,960
Amendment No. 3 May 1, 2019 Term extension only $0
Amendment No. 4 September 1, 2021
Extensive regulatory agency plan
comments per updated design
codes, additional surveying
$280,928
Amendment No. 5 May 4, 2022 Recycled water irrigation plans and water utility relocations $77,390
Amendment No. 6 Pending Approval Additional construction engineering to address unforeseen conflicts $75,159
TOTAL $2,571,667
Additional engineering and design services are required to accommodate unanticipated field conditions discovered during the Project’s construction activity. Amendment No. 6 proposes to revise the civil, structural, electrical, and landscape architectural plans to address these unanticipated conditions. Additional construction engineering support includes the following:
1. Civil. Inaccurate elevations and alignments and unforeseen utility conflicts require revisions to grading and drainage plans on both the east and west side of the Project.
2. Structural. Widened girder flares, mechanically stabilized earth retaining wall architectural details, and calculation analysis of pile foundation construction anomalies require revising bridge structure plans.
3. Electrical. Changes to the Southern California Edison interconnect locations in the field due to relocated utility conflicts require revising existing electrical sheets.
4. Landscape Architecture. Recycled water irrigation plans require revisions at the request of Eastern Municipal Water District to address waste management data, recycled water signage, and fencing updates depicting areas of separation. Additionally, to meet Valley Wide’s standards, the planting, irrigation, and quantities within the landscape plans must be revised for the Project area adjacent to the northwest corner of Holland Road and Hanover Lane.
The additional fee for the scope of work outlined above would be $75,159. The proposed Amendment No. 6 includes this detailed scope of work and fees associated with each task. Staff has determined the proposal to be reasonable considering the additional work required to fully Item Title: 10.6
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 2
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TY LIN Amendment No. 6 for CIP 13-03
October 4, 2023
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complete the necessary civil design plan revisions to support construction engineering for the Project.
STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility
FISCAL IMPACT
The total fiscal impact for proposed Amendment No. 6 would be $75,159. Funding is available for Amendment No. 6 in the Project’s approved fiscal year 2023-24 budget, as summarized in Table 2 below.
Table 2 – Identified Project Funding
Fund Account Number Available Balance Cost of Additional Services
DIF – Citywide
Circulation 526-4555-58021 $1,241,679 $75,159
ATTACHMENTS
1. Project Location Map
2. Original PSA - CIP 13-03
3. Amendment No. 1
4. Amendment No. 2
5. Amendment No. 3
6. Amendment No. 4
7. Amendment No. 5
8. Proposed Amendment No. 6
Item Title: 10.6
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HOLLAND ROAD/I-215 OVERCROSSING
SCOPE OF WORK- Amendment 1
Amendment 1 covers out-of-scope work (and associated PM activities) for the Holland Road/I-215 Overcrossing not included in the original agreement dated 04-16-2014 between the City of Menifee and T.Y. Lin International (TYLI).
The out-of-scope work involves:
1. Conceptual design of a noise mitigating wall resulting from the Noise Study.
2. Extensive coordination and meetings to resolve a prior rights issue and process a Longitudinal Encroachment Exception for the existing Southern California Edison (SCE) power lines running along the west side of I-215 within the Caltrans right-of-way.
3. Revisions to previously completed work to accommodate:
a. New City interchange widening project at Holland/Hanover on west side. b. Storm water impact revisions resulting from a planned residential community on the east side. c. Additional revisions to Storm Water Data Report for revised Caltrans requirements after final SWDR submittal.
4. Revising the contract Plans, Specifications, and Estimates documents to conform to the 2015 Caltrans Standards in order to secure needed Caltrans approvals.
5. TYLI will prepare revisions and modifications to the Mechanically Stabilized Earth (MSE) Wall drainage system to enhance the aesthetic treatment of the wall. Revisions to the bridge include the revision of over-sidewalk soffit lighting (Caltrans standard soffit light cannot be used), and revisions/modifications for the non-standard future water line (EMWD), and coordination with SCE for required vertical clearances of the proposed re-located utility poles within Caltrans ROW.
6. Additional project management, coordination, and meetings associated with the out-of-scope work.
PART 1 – PROJECT MANAGEMENT
1.1 General Coordination and Administration
TYLI’s Project Manager will provide additional management, coordination, and supervision of project staff to facilitate the out-of-scope work in accordance with the requirements of the City and Caltrans.
Deliverables:
® Monthly Invoices
® Progress Report
1.2 Meetings
TYLI will conduct additional meetings for project development in coordination with Caltrans and impacted utility agencies to prepare exceptions and agreements and additional quarterly City utility coordination efforts. A maximum of five (5) additional meetings are proposed.
Deliverables:
® Meeting Agendas
® Meeting Minutes
PART 2 – PROJECT REPORT EQUIVALENT (PR-E), PERMIT ENGINEERING EVALUATION REPORT (PEER), AND
ENVIRONMENTAL DOCUMENT (ED)
2.14 Bridge/Wall Aesthetics and Landscape Concept Plans Prepare additional conceptual plan sketches to assist the City in the development of construction drawings for the bridge aesthetic elements which may include noise mitigation wall for residential housing.
Item Title: 10.6
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The Caltrans approved Visual Impact Report (VIR) requires rock blankets on slopes in order to match similar aesthetic features in the area. However, as a City requested cost savings measure, the rock blanket detail will be reduced from the project. This effort includes revising the approved VIR to reduce the rock blanket, secure Caltrans approval, and provide cost savings to the project
David Evans and Associates (DEA) will prepare revised landscape plans (one revision) for the modification of landscape architecture elements for the project.
® TYLI will conduct appropriate research and coordinate with the City and Caltrans leading to recommendations for a noise mitigating wall for residential housing to comply with the Environmental Document. ® The DEA landscape team task includes revisions to the Landscape and Irrigation Plans to reduce architectural elements while still maintaining the reviewed and approved Visual Impact Assessment Report. This effort may include coordination with the project team, City staff, Caltrans District 8 landscape architects, outside agencies, and community groups.
Deliverables:
® Conceptual Plan of additional noise mitigating wall for residential home. ® Revised Landscape Architecture and Irrigation Plans
PART 3 – PLANS, SPECIFICATIONS & ESTIMATES (PS&E)
During project development, it was determined that SCE utility poles are within Caltrans right-of-way. A Longitudinal Encroachment Exception is required between Caltrans and SCE for this utility.
At both intersection limits of the project, the Roadway Plans will be revised to include new work to accommodate a City roadway widening project at the west edge of Holland and Haun intersection, and a planned residential development will affect existing Roadway Storm Water Drainage plans, and will be coordinated with the development.
After the 90% Roadway submittal, but during the process of 90% Structures design, on December 16th 2016, Caltrans released the implementation guidelines for the 2015 Construction Contract Standards effective for all projects Ready-to-List after June 30, 2016. As a result, the Holland Road Project is required to comply with the 2015 Standard Specifications, Standard Plans, Standard Special Provisions, and Bid Items.
Additionally, Caltrans requires modifications to the submitted Storm Water Data Report for a change from the standard format to a different form.
3.3 Utility Coordination and Potholing
Additional Utility coordination will be carried out in conformance with the requirements of Chapter 13 of the Caltrans Right of Way Manual, and Appendix LL of the Caltrans Project Development Procedures Manual.
Additional Information to be researched includes as-built records and maps, future improvement and development plans, and other supporting documentation.
Additional effort includes design and preparation of documents for presentation of Electrical (Southern California Edison) facilities within the proposed project limits and Caltrans right-of-way (ROW). Due to their potential schedule impact, meetings will be held, on an individual basis if necessary, upon receiving notice to proceed. It is imperative to identify any relocations requiring long-lead times. During this time, TYLI will also identify and coordinate proposed utility relocation design improvements, and coordinate impacts and exceptions to Caltrans ROW.
3.5 Storm Water Data Report (SWDR)
TYLI will prepare an additional short form PA&ED level Storm Water Data Report (SWDR) at Caltrans request. Additional work includes addresses comments and making revisions after approving agency reviews are provided.
Deliverables:
® PS&E Level Storm Water Data Report (SWDR) Short Form Revision ® Response and Revisions to Comments for Short Form SWDR
3.7 Roadway PS&E
Item Title: 10.6
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The additional work for design will conform to the latest/updated (2015) Caltrans Standard Plans and Standard Specifications within Caltrans Right of Way. Outside State highway, City and/or County of Riverside standards will be applied.
Additional work associated with the stated phases of submittal is expected as follows:
3.7.3 100% PS&E Submittal
TYLI will prepare revisions to the Pre-Final Designs and prepare the Final Roadway Design. These plans will include the following:
® Revisions to Drainage Plans, Profiles, Details, and Quantities for coordination with adjacent residential developments. ® Revisions to Utility Plans for conflicting SCE utility poles within Caltrans ROW. ® Additional Stage Construction, Traffic Handling, and Detour revisions resulting from the City’s adjacent intersection widening project.
® Modifications to Signing and striping sheets to include adjacent City intersection widening. ® Landscape and Irrigation modifications for revised scope. ® Lighting and Traffic Signal revisions for adjacent intersection widenings. ® Update Technical Specifications/Special Provisions/Bid Items to latest revised Caltrans 2015 standards.
Deliverables:
® Roadway PS&E (as described above)
® Specifications, Special Provisions
® Quantities and Cost estimates
3.8 Structural PS&E
TYLI will conduct analysis and prepare and submit bridge PS&E for Caltrans and City review and approval. Specific activities will be as follows:
® Revisions to the Mechanically Stabilized Earth (MSE) wall drainage system. ® Bridge Soffit Lighting.
® Revisions and details for the non-standard bridge future water line (EMWD). ® SCE coordination for utility pole relocation vertical clearances.
3.8.6 Final Structures PS&E (100%)
Required revisions of above scope will be made to the bridge plans and calculations.
Deliverables:
® 100% Bridge PS&E
PART 4 – RIGHT OF WAY ACQUISITION
The additional work for Right of Way Acquisition includes the management and tracking of the additional work required between Caltrans and SCE for the conflicting electrical utility poles.
4.1 Right of Way Project Management and Document Support Overland, Pacific & Cutler (OPC) will provide additional representation of the client at public meetings, hearings, and litigation related matters for a maximum of five (5) meetings pertaining to the SCE Utility Encroachment Exception.
Deliverables:
® Meeting Minutes
Item Title: 10.6
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 48
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CITY OF MENIFEE
HOLLAND ROAD/I-215 BRIDGE OVERCROSSING
COST PROPOSAL
AMENDMENT 1
SCOPE OF WORK:
T.Y. Lin International PR-E, PEER, PS&E, AND CONSTRUCTION SUPPORT AMENDMENT 1 4/11/2016 MILESTONE/PHASE/PROJECT SUMMARY:
Loaded Rates
165$ 275
4.0 $ 266 $ 220 $ 235 $ 220 $ 200 $ $ 150 $ 128
Assistant
Bridge
Engineer
$ 115 $ 266 $ 115
CADD
$ 116 TOTALS
Project
Manager
QA/QC
Manager
Caltrans
Liaison
Senior Trans Senior Bridge
Engineer Engineer
Trans
Engineer II
Asst Trans
Engineer
Outreach
SupportSub-Task TASK ACTIVITY PIC Const. Review Support Account. Total Hours
1.0 PROJECT MANAGEMENT -
1.1 General Coordination
1.2 Meetings
44.0 24.0
30.0 78.0
24.0 $
$
$
$
16,284.00
6,384.00
1.3 Project Management Plan -
-
-
-
PROJECT REPORT (PR-E), PERMIT ENGINEERING EVALUATION REPORT (PEER), AND ENVIRONMENTAL DOCUMENT (ED)2.0 -
2.1 Project Report Equivalent (PR-E) -
-
-
-
-
-
-
-
$
$
$
$
$
$
$
$
$
$
$
-
-
-
-
-
-
-
-
-
-
-
2.2 Permit Engineering Evaluation Report (PEER)
2.3 Traffic and Accident Analysis
2.4 Right of Way Data Sheet
2.5 Fact Sheets with Exceptions to Design Standrads
2.6 Geometric Approval Drawings (GAD)
2.7 Transportation Management Plan (TMP)
2.8 Hydrology/Hydraulic Analysis Report
2.9 Storm Water Data Report (SWDR) - PA&ED Level
2.10 Structural Preliminary Geotechnical Report (SPGR)
2.11 Advanced Planning Study
-
-
-
2.12 Environmental Documents (ED) -
2.12.1 Perform Environmental Studies and Prepare Draft Environmental Document
2.12.2 Permits, Agreements, and Route Adoption During PA&ED
2.12.3 Circulate Draft Environmental Document
2.12.4 Prepare and Approve Project Report and Final Environmental Document (FED)
2.13 Community Outreach Support
-
-
-
-
$
$
$
$
$
$
-
-
-
-
--
2.14 Bridge Aesthetics and Landscape Concept Plans (DEA) 2.0 4.0 48.0 42.0 48.0
16.0 144.0 19,508.00
-
-
-
-
3.0 PLANS, SPECIFICATIONS & ESTIMATES (PS&E)
3.1 Surveys and Topographic Mapping
3.2 Geotechinical Engineering
$
$
$
$
$
$
-
-
3.3 Utility Coordination and Potholing
3.4 R/W Engineering and Coordination
3.5 Storm Water Data Report (SWDR) - PS&E Level
3.6 Transportation Management Plans (TMP) Report
3.7 Roadway PS&E
2.0 2.0
16.0 16.0
4.0 16.0 66.0
-
18.0 -
9,830.00
-
2,870.00
-
4.0 8.0
-
3.7.1 30% Roadway PS&E Submittal
3.7.2 95% Roadway PS&E Submittal
3.7.3 100% Roadway PS&E Submittal
3.8 Structural PS&E (Bridge and Retaining Walls)
3.8.1 Bridge Site Data Submittal
-
-
$
$
$
-
-
4.0 4.0 40.0 24.0 60.0 60.0
24.0 192.0 27,380.00
-
-
-
-
-
-
$
$
$
$
$
$
-
-
-
-
-
3.8.2 Type Selection
3.8.3 65% Structural PS&E Submittal
3.8.4 90% Structural PS&E Submittal
3.8.5 95% Structural PS&E Submittal
3.8.6 100% Structural PS&E Submittal 2.0 20.0 20.0 66.0 9,152.00 -
4.0 RIGHT OF WAY ACQUISITION -
4.1 Right of Way Project Management and Document Support
4.2 Title Investigation Services
12.0 12.0 $
$
$
$
$
$
3,192.00
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
4.3 Appraisal and Specialty Appraisal Services
4.4 Negotiate Right of Way Settlement/Prepare Acquisition Documents
4.5 Title/Escrow Coordination
4.6 Caltrans Right of Way Certification Oversight
5.0 CONSTRUCTION ENGINEERING SUPPORT
5.1 Bid Support $
$
-
-5.2 Construction Support
Subconsultant Markup
ODC/Outside Service $
$
500.00
TOTALS: 12.0 84.0 8.0 - - 60.0 20.0 92.0 62.0 84.0 - 148.0 30.0 600.0 95,100.00 Item Title: 10.6
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AMENDMENT NO. 5 TO
AGREEMENT BETWEEN T.Y.LIN INTERNATIONAL
AND THE CITY OF MENIFEE FOR CIP 13-03
(HOLLAND ROAD/ I-215 BRIDGE OVERCROSSING PROJECT)
ENVIROMENTAL AND CIVIL ENGINEERING DESIGN SERVICES
This is Amendment No. 5 to that certain AGREEMENT for Professional Services Agreement (“Agreement”) made on between the City of Menifee (“City”) and T.Y.LIN INTERNATIONAL (“Consultant”) for CIP 13 -03 (HOLLAND ROAD/ I -215 BRIDGE
OVERCROSSING PROJECT) ENVIROMENTAL AND CIVIL ENGINEERING DESIGN SERVICES which Amendment No. 5 is made and entered into on ______________, 2022 to increase the scope of work and compensation amount as indicated below:
1. Section 1, “Compensation” is amended to increase the maximum compensation by $77,390.00 (SEVENTY SEVEN THOUSAND THREE HUNDRED NINETY DOLLARS AND ZERO CENTS), and is amended to read as follows:
Section 1. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed $ 2,496,508.00 (TWO MILLION
FOUR HUNDRED NINETY SIX THOUSAND FIVE HUNDRED EIGHT DOLLARS AND ZERO CENTS ) notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
2. Section 2. Exhibit A, Scope of Services is supplemented to include Amendment No. 1 Scope of Work Additional Work , which supplement is attached as Exhibit A hereto. “Amendment No. 1 Scope of Work Additional Work (Amendment No. 1)” is not intended to replace the original Exhibit A to the Agreement, but instead to augment an d increase the scope of work listed in the original Exhibit A to the Agreement.
3. All other terms and conditions of the Agreement remain in full force and effect.
DocuSign Envelope ID: E3332B12-C2BE-4BEF-9E90-D9E1B83D9F93 DocuSign Envelope ID: DE390D07-9A5A-43A3-A3DF-DEB335F147E4 May 4th
Item Title: 10.6
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Professional Services Amendment No. 5 with T.Y.LIN INTERNATIONAL CITY OF MENIFEE T.Y.LIN INTERNATIONAL
_______________________________ _______________________________ Armando G. Villa, City Manager Jim Rucker, Vice President
Attest: ________________________________
Clark Fernon, Vice President
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
DocuSign Envelope ID: E3332B12-C2BE-4BEF-9E90-D9E1B83D9F93 DocuSign Envelope ID: DE390D07-9A5A-43A3-A3DF-DEB335F147E4 Item Title: 10.6
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Professional Services Amendment No. 5 with T.Y.LIN INTERNATIONAL Amendment No. 1 – Exhibit A: Scope of Work Additional Work
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Professional Services Amendment No. 5 with T.Y.LIN INTERNATIONAL DocuSign Envelope ID: E3332B12-C2BE-4BEF-9E90-D9E1B83D9F93 DocuSign Envelope ID: DE390D07-9A5A-43A3-A3DF-DEB335F147E4 Item Title: 10.6
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 84
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Professional Services Amendment No. 5 with T.Y.LIN INTERNATIONAL DocuSign Envelope ID: E3332B12-C2BE-4BEF-9E90-D9E1B83D9F93 DocuSign Envelope ID: DE390D07-9A5A-43A3-A3DF-DEB335F147E4 Item Title: 10.6
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 85
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Professional Services Amendment No. 5 with T.Y.LIN INTERNATIONAL DocuSign Envelope ID: E3332B12-C2BE-4BEF-9E90-D9E1B83D9F93 DocuSign Envelope ID: DE390D07-9A5A-43A3-A3DF-DEB335F147E4 Item Title: 10.6
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Professional Services Amendment No. 5 with T.Y.LIN INTERNATIONAL DocuSign Envelope ID: E3332B12-C2BE-4BEF-9E90-D9E1B83D9F93 DocuSign Envelope ID: DE390D07-9A5A-43A3-A3DF-DEB335F147E4 Item Title: 10.6
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Professional Services Amendment No. 5 with T.Y.LIN INTERNATIONAL DocuSign Envelope ID: E3332B12-C2BE-4BEF-9E90-D9E1B83D9F93 DocuSign Envelope ID: DE390D07-9A5A-43A3-A3DF-DEB335F147E4 Item Title: 10.6
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Professional Services Amendment No. 5 with T.Y.LIN INTERNATIONAL DocuSign Envelope ID: E3332B12-C2BE-4BEF-9E90-D9E1B83D9F93 DocuSign Envelope ID: DE390D07-9A5A-43A3-A3DF-DEB335F147E4 Item Title: 10.6
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Professional Services Amendment No. 5 with T.Y.LIN INTERNATIONAL
DocuSign Envelope ID: E3332B12-C2BE-4BEF-9E90-D9E1B83D9F93 DocuSign Envelope ID: DE390D07-9A5A-43A3-A3DF-DEB335F147E4 Item Title: 10.6
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AMENDMENT NO. 6 TO
PROFESSIONAL SERVICES AGREEMENT
ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES ON THE HOLLAND RD/I-215 BRIDGE OVERCROSSING PROJECT, CIP #13-03 This is Amendment No. 6 (“Amendment 6”) to that certain Professional Services Agreement (“Agreement”) made on April 16, 2014 between the City of Menifee (“City”) and T.Y.
LIN INTERNATIONAL (“Consultant”) for ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES ON THE HOLLAND RD/I-215 BRIDGE OVERCROSSING PROJECT, CIP #13-03 as amended by that certain Change Order to the Agreement entered into on April 14, 2016 (“Amendment No. 1”), and that certain Amendment No.2 to the Agreement entered into on July 18, 2018 (“Amendment No. 2”), and that certain Amendment No. 3 entered into on May 1, 2019 (“Amendment No. 3”), and that certain Amendment No. 4 is entered into on September 1, 2021 (“Amendment No. 4”), which this Amendment No. 5 is made and entered into on May 4, 2022 (“Amendment No. 5”), which this Amendment No. 6 is made and entered into on ______________, 2023 to extend the term of the Agreement, increase the compensation amount, and augment the scope of services as indicated below:
1. Capitalized terms used but not defined in this Amendment No. 6 shall have the meanings ascribed to them in the Agreement.
Section 1.1, “Term of Services” is amended to read as follows:
1.1 Term of Services. The term of this Agreement shall begin on the April 16, 2014 and shall end on December 31, 2024 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.
2.SECTION 2, “Compensation” is amended to increase the maximum compensation by Seventy Five Thousand One Hundred Fifty Nine Dollars and Zero Cents ($75,159.00), and is amended to read as follows:
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed Two Million Five Hundred Seventy One Thousand Six Hundred Sixty Seven Dollars and Zero Cents ($2,571,667.00) notwithstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
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AMENDMENT NO. 6 TO
PROFESSIONAL SERVICES AGREEMENT
3. Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:
SCOPE OF SERVICES
Consultant shall provide ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES ON THE HOLLAND RD/I-215 BRIDGE OVERCROSSING PROJECT, CIP #13-03 in the amount not to exceed Two Million Five Hundred Seventy One Thousand Six Hundred Sixty Seven Dollars and Zero Cents ($2,571,667.00) as further detailed in the following page(s).
4. All other terms and conditions of the Agreement remain in full force and effect.
5. This Amendment No. 6 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
Item Title: 10.6
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AMENDMENT NO. 6 TO
PROFESSIONAL SERVICES AGREEMENT
CITY OF MENIFEET.Y. LIN INTERNATIONAL
_______________________________ _______________________________ Armando G. Villa, City Manager Dan Fitzwilliam, Bridge Sector Manager- Southwest, Vice President
Attest: ________________________________
Jim Rucker, Vice President, Roads and
Highways Operations Manager
_______________________________
Sarah Manwaring, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
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EXHIBIT A
EXHIBIT “A”
Supplement to Scope of Services
[Attached]
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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CITY OF MENIFEE
SUBJECT: Agreement with Tri-Pointe Homes IE-SD, Inc. for Assignment of Quimby Credit
MEETING DATE: October 4, 2023
TO: Mayor and City Council
PREPARED BY: Mariana Mitchell, Community Services Manager REVIEWED BY: Jonathan Nicks, Deputy City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute an Operating Agreement with Tri-Pointe Homes IE-SD, Inc. for partial assignment and assumption of Quimby credit in the amount of
2.82 acres to CRP/CWR River Walk Project, LLC for Tract Map No. 38219 “Riverwalk,” located north of Lazy Creek Road and west of Bradley Road.
DISCUSSION
On March 15, 2017 City Council approved a Quimby Agreement with Developer, Pardee Homes, for Tract Map No. 2012-045, previously known as Menifee Heights (TTM 32277) and now known as Centennial. This agreement approved the dedication of 9.97 acres of parkland to construct what is now Centennial Park to meet Quimby Act requirements, resulting in 4.29 acres of excess Quimby credit available to the Developer to use in a future project.
In accordance with the Menifee Municipal Code (MMC) in effect at the time (Ordinance No. 2016- 193), provisions for the use of excess Quimby credit required that the Developer be granted the ability to use the excess Quimby credit in a project within a two-mile radius of the original project.
However, on November 20, 2019, the City Council approved an amendment to the MMC Title 7, Subdivisions, including Chapter 7.75 Parkland Dedication and Fees (Ordinance No. 2019-286).
The 2019 amendment no longer allowed for the granting of credit for excess parkland dedication in order to assist the City in achieving the goal of five acres of parkland per 1,000 residents.
The Developer, now Tri-Pointe Homes IE-SD, Inc., recently inquired about the use of the excess Quimby credit as noted in the 2017 approved agreement. Due to the unique circumstances of the update of MMC Chapter 7.75 taking place after the agreement was approved, instead of amending the original Quimby Agreement, City staff and Tri-Pointe Homes sought an alternative solution that would be mutually beneficial.
Item Title: 10.7
Agreement with Tri-Pointe Homes IE-SD, Inc. for Assignment of Quimby Credit Item Page Number: 1
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City of Menifee Staff Report
Agreement with Tri-Pointe Homes IE-SD, Inc.
October 4, 2023
1 7
9 2
Working with legal counsel, both parties negotiated an Operating Agreement that would allow for the assignment of a portion of the excess Quimby credit to CRP/CWR River Walk Project, LLC.
The project, known as “Riverwalk”, located at Bradley Road and Lazy Creek Road (South of Salt Creek) is comprised of 199 residential units on 14 gross acres and is out of the two-mile radius originally required by the MMC that existed in 2017. However, the project only requires 2.82 acres of dedicated parkland to meet Quimby Act requirements. If the Operating Agreement is approved the Developer would relinquish the remaining 1.47 acres of excess Quimby credit.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Operating Agreement for Assignment of Quimby Credit
2. Original Quimby Agreement – March 15, 2017
3. Ordinance No. 2016-193
4. Ordinance No. 2019-286
Item Title: 10.7
Agreement with Tri-Pointe Homes IE-SD, Inc. for Assignment of Quimby Credit Item Page Number: 2
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1 4
7 3
8 2
OPERATING AGREEMENT REGARDING PARTIAL ASSIGNMENT AND ASSUMPTION OF GOVERNMENT CODE SECTION 66477 (“QUIMBY ACT”) CREDIT
This Operating Agreement Regarding Partial Assignment and Assumption of Government Code section 66477 (“Quimby Act”) Credit (“Agreement”) is dated as of October 4, 2023, by and between Tri Pointe Homes IE-SD, Inc., a California corporation, formerly known as Pardee Homes, a California corporation (“Developer”) and the City of Menifee, a California municipal corporation (“City”). Developer and City are referred to herein collectively as the “Parties” and individually as a “Party.”
RECITALS
A. The Parties entered into that certain agreement titled “Agreement Between the City of Menifee and Pardee Homes Regarding Compliance of Revised Tentative Tract Map No. 2012-045 (Revision to Tentative Tract Map No. 32277) with Government Code section 66477 (“Quimby Act”)” dated as of March 15, 2017 (the “Quimby Act Agreement”), which details Developer’s compliance with and exceedance of Quimby Act requirements through dedication, construction and City acceptance of a 9.97- acre park identified in Revised Tentative Tract Map No. 2012-045 (i.e., revision to Tentative Tract Map No. 32277) (“TPH Project”), as well as Developer’s receipt of credit from City for such excess park and recreation dedication and improvement in accordance with the Quimby Act and Menifee Municipal Code (“MMC”).
B. Under the Quimby Act Agreement, Developer received 4.29 acres (9.97 acres minus 5.68 acres) as excess credits (“Total Excess Credits”).
C. Developer is seeking to enter into an agreement regarding the sale and assignment of a portion of Developer’s Total Excess Credit (“Assignor Assignee Agreement”) with CRP/CWR River Walk Project, LLC, a Delaware limited liability company, or its successor in interest or assigns (“CRP/CWR”) under which Developer would assign to CRP/CWR, or any future owner of the property, and CRP/CWR, or any future owner of the property, would accept from Developer a portion of Assignor’s Total Excess Credits under the Quimby Act Agreement for CRP/CWR’s property located at north of Lazy Creek Road and west of Bradley Road (known as Riverwalk and Tract Map No. 38219) (“Assigned Property”) totaling
2.82 acres (“Assigned Property Credits”) in accordance with the terms and conditions of the Assignor and Assignee Agreement.
D. It is reasonably foreseeable that future occupants of the Assigned Property benefit from and could use the 9.97-acre park located within the TPH Project that was dedicated to and accepted by the City.
Therefore, in accordance with the Quimby Act Agreement, City desires to authorize the assignment of a portion of Developer’s Total Excess Credits to the Assigned Property subject to the terms set forth herein.
AGREEMENT
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:
1. City hereby approves and grants Developer the unilateral right to assign the Assigned Property Credits (2.82 acres) to the Assigned Property, provided that Developer relinquishes and/or Item Title: 10.7
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2 4
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otherwise foregoes the remaining 1.47 acres of the Total Excess Credits (collectively, the “Assignment”).
The Parties agree that the Assignment shall not become effective until Developer provides City with written notice electing to proceed with the Assignment. If the Assignment becomes effective, City agrees to execute and deliver to Developer or its assignee, upon request, such further documents, instruments and conveyances, and take such further actions as necessary or desirable, to effectuate this Assignment and Agreement.
2. Developer shall indemnify, defend and hold harmless the City and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants and agents from and against any and all claims, liabilities, losses, fines, penalties and expenses, including without limitation reasonable litigation expenses and attorney’s fees, arising out of this Agreement and use of the Total Excess Credits (“Indemnity Obligation”). City understands and acknowledges that Developer may condition any transfer or assignment of the credits to CRP/CWR, or any future owner of the Assigned Property, on CRP/CWR’s, or any future owner of the Assigned Property’s, agreement to indemnify City upon the foregoing terms.
3. The effective date of this Agreement shall be the date that the Agreement is fully executed and delivered by City and Developer. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective party. This Agreement is not intended to and does not create any third party beneficiary rights whatsoever.
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
This Agreement may be executed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. The parties contemplate that they may be transmitting counterparts of this Agreement by email and agree and intend that a signature by email or facsimile shall bind the party so signing with the same effect as though the signature were an original signature.
IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the day and year written below.
DEVELOPER:
Tri Pointe Homes IE-SD, Inc.,
a California corporation
By: __________________________
Name:
Title:
Date:
CITY OF MENIFEE:
By: __________________________
Name: Armando G. Villa
Title: City Manager
Date:
ATTEST:
By: __________________________
Name: Sarah A. Manwaring
Title: City Clerk
APPROVED AS TO FORM:
By: __________________________
Name: Jeffrey T. Melching
Title: City Attorney
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AGREEMENT BETWEEN
THE CITY OF MENIFEE AND PARDEE HOMES
REGARDING COMPLIANCE OF REVISED TENTATIVE TRACT MAP NO. 2012. 045 REVTSTON TO TENTATTVE TRACT MAP NO. 32277)
wrTH GOVERNMENT CODE SECTTON 66477 (" QUIMBY ACT")
THIS AGREEMENT is entered into this 1sth day of March 2017, by and between the City of Menifee (" City") and Pardee Homes, a California corporation ( hereinafter referred to as " Developer") regarding Developer' s compliance with the Quimby Act, through dedication, construction and acceptance of a 9. 97- acre park identified in Revised Tentative Tract lvlap No. 2012- 045 ( i. e., revision to Tentative Tract lvlap No. 32277):
RECITALS:
WHEREAS, the Developer is in the process of fulfilling all of the conditions for Revised Tentative Tract lvlap No. 2012- 045 ( i. e., revision to Tentative Tract Map No. 32277) including the conditions providing for payment of Quimby fees and provision of landscape mainlenance and annexation to a Park District; and, WHEREAS, since the date such condition was written, the City has assumed responsibility for the provision of park maintenance and operations within the entirety of the City' s jurisdiction and now must legally collect the Quimby fees or accept park dedication to satisfy Quimby requirements; and,
WHEREAS, the cunent conditions of approval for Revised Tentative Tract Map No. 2012- 045 provide that the developer take the steps necessary to form a financing mechanism for the maintenance of such parks; and,
WHEREAS, the City has formed Community Facilities District ( CFD) 20' 15- 02 and the Developer shall annex to the City' s CFD 2015- 02 for landscape and park maintenance; and,
WHEREAS, on December 17, 2014, the City adopted Ordinance No. 2014- 160, codified in Chapter 9. 55 of the Menifee Municipal Code (" MMC"), governing the payment of Quimby fees and/ or dedication of land to the City; and WHEREAS, City of Menifee Municipal Code, Chapter 9. 55 (" Park Dedication or Quimby Fee Requirements for Residential Development Requiring a Tentative Map or Parcel Map") requires the payment of Park Development Fees ( Quimby Fees), adopted pursuant to Govt. Code Section 64777 to mitigate the impacts of the project on existing public park and recreation facilities located near the project; and, WHEREAS, the Developer shall cause to have constructed one ( l) 9. 97- net acre park, which includes open play areas in addition to children' s play structures, picnic tables, benches, shade shelter areas, two ( 2) full- size fenced baseball fields with dugouts and bleachers, one (' l) full- size soccer field, basketball courts, restrooms, a parking lot with handicapped accessibility, and parallel parking along the Park perimeter, for public use.
When completed, these recreational facilities will satisfy and potentially exceed park and recreation ( Quimby) requiremenls for project construction; and, 182.{, 0669, 2 6 I 4. I I
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When completed, these recreational facilities will satisfy and potentially exceed park and recreation ( Quimby) requirements for project construction; and, WHEREAS, based on the average household size of 3. 1 64 people for single- family dwellings ( with attached garages), number of units within the tract ( 359 units), and the level of service standard of five ( 5) acres per thousand residents, the Developer is required to provide minimum dedication of 5. 68 acres of parkland; WHEREAS, the City has agreed that upon dedication, construction and acceptance by the City of the park, the Developer will have fulfilled all Quimby Act requiremenls and current park conditions of approval for Revised Tentative Tract Map No. 2012- 045; and,
WHEREAS, on June 15, 2016, the City adopted Ordinance No. 2016- 193, amending Chapter 9. 55 of the Menifee Municipal Code (" MMC"), to allow credit for excess park dedication; and
WHEREAS, based on the provision of the 4. 29 acres of excess parkland dedication ( 9. 97 acres minus 5. 68 acres) and pursuant to Assembly Bill 1359 ( AB 1359), the Developer may be allowed to use the excess credits to meet future Quimby requirements within a 2 mile nexus radius of the Park site and within the City of Menifee where it is reasonably foreseeable that the new subdivision' s residents would use the
9. 97- acre park and in compliance with the provisions of AB 1359; and, WHEREAS, the City shall, upon Developer' s dedications of the park in accordance with the timing and conditions referenced below, accept such dedication as full compliance with the Revised Tentative Tract Map and all Quimby Act and/ or City requirements, and no fees or other obligations shall be required by the City.
NOW, THEREFORE, the parties to this Agreement do mutually agree as follows:
t. RESPONSIBILITIES OF DEVELOPER
A DeveloDer shall build to an acceotable standard.
When designing and building the park, Developer agrees to follow the provisions of the City of Menifee Municipal Code, Chapter 9. 86 (" Park Design, Landscaping and Tree Preservation") and the guidelines adopted by the City.
B. Developer shall build the oarks in a timelv manner,
Developer shall secure approval from the City of the park conceptual plan, approval of construction plans and construction, completion and acceptance of the Parks at the times set out for performance in accordance with City approved park conditions, as follows:
Park Plans. Prior to the issuance of the 80th buildi ng permit in the Tract Map, the Park in Lot 360, shall be offered for dedication to the City or other entity acceptable to the City of Menifee directly or through an appropriate 24824-0669 - 2614 . t
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mechanism as agreed to by the City and the applicant. Additionally, a minor plot plan application shall be submitted to and approved by the Community Development Department showing the detailed park plans ( for Lot 360). The plans shall show the landscape and rrrigation plans, along with, but not limited to, any walls, fencing signage, playground equipment, park furniture, hardscape, and/ or structures. This park plan shall all show the park with all topography, grading, and cross- sections. The plans shall be approved by the City or other entity acceptable to the City of Menifee.
Before the issuance of the 80th building permit, Developer shall provide sufficient surety to guarantee that the improvements and/ or amenities set forth in the minor plot plan are completed and ready for public sue within the timeframes specified above.
Park Construction and Operation. Prior to issuance of the 1251h building permit in the Tract Map, the Park, as shown on the TENTATIVE MAP [ RTR 2012- 045) and [ Approved] EXHIBIT L shall be constructed and fully operable. The landscaping, including irrigation, must be consistent with the approved landscaping plans. The annexation to the City Community Facilities District 2015- 2 or other mechanism as agreed to by the City and the application for maintenance of Open Space.
Before the issuance of the 125rh building permit, Developer shall provide sufficient surety to guarantee that the improvements and/ or amenities set forth in the minor plot plan are completed and ready for public sue within the timeframes specified above.
G. Develooer shall provide homeb r notification reoardino CFD.
Developer shall provide all necessary notifications to all future property owners within this tract that CFD Maintenance District 2015- 02 (" CFD") will be formed and a special tax will be placed on all parcels within this project to fund ongorng park maintenance.
D. Park parcels will be free of a ll liens and encumbrances at the time of dedic ation.
Developer shall convey property to the City consistent with City of Menifee Municipal Code, Chapter 9. 55, as adopted by the City.
City shall make reasonable efforts to provide all necessary inspections and document reviews within reasonable timeframes that assist the Developer.
B Gitv shall credit Developer' s ication of Dark acreaqe and ainst Quimbv fees due.
4824- 066q - 2614 . t
improvements aq
II. RESPONSIBILITIES OF CITY
A. Citv shall endeavor to orovide timelv assistance.
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ilt.
IV
Upon dedication of park acreage, construction of improvements, and acceptance by the City of this 9. 97- acre park and improvements, Developer will have satisfied Quimby park requirements per the provisions of City of Menifee Municipal Code, Chapter 9. 55. Pursuant to Government Code Section 66477( aX2XB( 9) the value of such dedicated park acreage, any improvements thereto, and any equipment located thereon shall be a credit against the payment of fees or dedication of Land.
C. CiW shall authorize the use of the excess credits from Developer' s dedication of park acreaqe and improvements for future Quimby fees due.
The City shall allow the Developer, its assigns or future successor- in- interest to use excess credits in the amount of 4. 29 acres to meet future Quimby requirements within a 2 mile nexus radius and within the City of Menifee' s jurisdiction where it is reasonably foreseeable that the new subdivision' s residents would use the 9. g7- acre park and in compliance with the provisions of AB 1 359. The acceptability of the use of the available credit for any particular future subdivision site shall be subject to City Manager ( or his designee) review and approval.
ASSIGNMENT
Pardee Homes, a California corporation, its assigns and successors- in- interest, shall be bound by the terms and conditions contained in this Agreement.
The prevailing party in any proceeding to enforce this Agreement shall be entitled to reasonable attorney' s fees as determined by the Court.
Modifications to this agreement shall be considered to be binding only if they are made in writing and signed by the interested parties. No waiver of any term or conditions of this Agreement shall be a continuing waiver thereof.
It is expressly understood and agreed by the Owner and the City that the laws of the State of California shall govern them and the interpretation of the Agreement and that any litigation brought because of, or involving this Agreement, shall be initiated exclusively in the Superior Court, Riverside County.
ln the event of litigation to enforce this Agreement, the prevailing party in such litigation shall be entitled to reasonable costs and attorneys' fees.
No waiver of any term or condition of this Agreement shall be a continuing waiver thereof,
This Agreement may be amended only in writing signed by both parties A
44824 -0669- 26 1 4. l
MISCELLANEOUS
B.
c.
D.
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This Agreement constitutes the entire agreement of the parties and supersedes all other agreements, whether written or oral. However, this Agreement does not supersede any entitlements issued or related conditions of approval.
This Agreement may be executed in counterparts, each of which when so executed shall be deemed and original and all of which, when taken together, shall constitute one and the same instrument.
This Agreement inures to the beneflt of and is binding upon, the Parties, and their respective heirs, successors and assigns.
The person( s) executing this Agreement on behalf of the parties hereto warrant that ( a) such party is duly organized and existing, ( b) they are duly authorized to execute and deliver this Agreement on behalf of said party, and ( c) by so executing this Agreement, such party is formally bound to the provisions of this Agreement.
lN WITNESS WHEREOF, the Owner and the City have caused this Agreement to be signed in their names and on their behalf by their duly authorized representatives.
Dated /? L, rch 6 zott
City"
CITY OF MENIFEE, a California Municipal
Corp oratio
By
Its
ATT
S h Manwa s, ity Clerk
APPROVED AS TO FORM
RUT TUC , LLP
Owner"
Pardee Homes, a California ration
Dated , _ 2017
B
Print Name:
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54824-0669- 26t 4 . l
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ORDINANCE NO. 2019-286
AN ORDINANCE OF THE CITY OF MENIFEE, CALIFORNIA, REPEALING ORDINANCE 460, REGULATING THE DIVISION OF LAND OF THE COUNTY OF RIVERSIDE; REPEALING CHAPTER 9.55 OF THE CITY OF MENIFEE MUNICIPAL CODE; REPLACING CERTAIN PORTIONS OF SECTION 9.56.050 OF THE CITY OF MENIFEE MUNICIPAL CODE; AND ADDING TITLE 7, SUBDIVISIONS, TO THE CITY
OF MENIFEE MUNICIPAL CODE
WHEREAS, on December 1, 2009, the City Council of the City of Menifee ("City") adopted Ordinance 2009-66, providing that certain Ordinances and Resolutions of the County of Riverside, including Ordinance 460, "Regulating the Division of Land of the County of Riverside," shall remain in full force and effect as City Ordinances effective February 1, 2010, until repealed, amended, or replaced by City's own ordinances adopted by the City Council.
WHEREAS, on May 28, 2013, the City Council adopted Ordinance 2013-123, amending Ordinance 2009-66 to correct clerical errors and errata appearing and to re-adopt certain provisions of the Riverside County Code.
WHEREAS, since adoption of Ordinance Nos. 2009-66 and 2013-123, the City began the process of creating comprehensive "Menifee-specific" zoning, subdivision, and grading ordinances that are consistent with and implement the adopted 2013 City General Plan.
WHEREAS, this Comprehensive Development Code Update ("CDCU") has as a goal adoption of regulations that are user-friendly and effectively assist City and applicants achieve the vision, goals and, objectives of the 2013 General Plan while establishing clear procedures for the review and processing of development projects in the City.
WHEREAS, the CDCU consists of three main code amendments to the Menifee Municipal Code:
update to Title 9, "Planning and Zoning," and the additions of Title 7 "Subdivisions" and Chapter 8.26 "Grading Regulations."
WHEREAS, the City consulted with Michael Baker International regarding the CDCU and engaged the consultant's services to prepare a proposed subdivision ordinance that is consistent with the State of California Subdivision Map Act, regulations in surrounding jurisdictions, and best practices, while addressing Menifee-specific items and conditions.
WHEREAS, the City's consultant for the CDCU met with the Community Development Department staff, Public Works-Engineering staff, and community stakeholders to obtain feedback and direction.
WHEREAS, on April 18, 2018, a joint City Council and Planning Commission Study Session was held to review input from staff and stakeholders, and the Council and Commission asked staff questions and provided direction on additional issues to be addressed in the Development Code.
WHEREAS, on June 13, 2018, a second joint workshop was held with the City Council and Planning Commission.
WHEREAS, on February 21, 2019, a workshop was held with stakeholders, during which staff discussed the draft Comprehensive Development Code and received additional comments and feedback on the drafts.
WHEREAS, on April 10, 2019, the Planning Commission received a presentation on a draft Subdivision Ordinance.
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City of Menifee Ordinance
Subdivision Ordinance
WHEREAS, on August 6, 2019, a public review draft of the Subdivision Ordinance was made available to the public. No comments were received from the public.
WHEREAS, on August 20, 2019, a meeting with the Building Industry Association (BIA) was held to review the proposed ordinances, during which the BIA discussed the revisions to the Quimby fee calculation methodology contained within the Subdivision Ordinance.
WHEREAS, on August 22, 2019, a second workshop was held with stakeholders, during which staff discussed the public review drafts for the Subdivision Ordinance.
WHEREAS, as part of the CDCU and after receiving input at the aforementioned public meeting and workshops, the City determined that Ordinance 460, Subdivisions, should be replaced with an ordinance specific to the needs of City.
WHEREAS, on September 27, 2019, Municipal Code Amendment ("MCA") No. DEV2019-037 was publicly noticed within The Press Enterprise, a newspaper of general circulation, for a public hearing before the City of Menifee Planning Commission scheduled for October 9, 2019.
WHEREAS, on October 9, 2019, the Planning Commission held a duly noticed public hearing to consider the proposed MCA No. DEV2019-037, opened the hearing to receive public testimony, reviewed all materials in the staff report and accompanying documents to recommend adoption of the repeal of Ordinance 460, repeal Chapter 9.55 of the City of Menifee Municipal Code, replace certain portions of Section 9.56.050 of the City of Menifee Municipal Code, and add Title 7 to the Menifee Municipal Code, and considered the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) with regard to the possible impacts that the proposed MCA No. DEV2019- 037 may have upon the environment.
WHEREAS, on October 9, 2019, the Planning Commission approved and adopted Resolution No. PC19-468, recommending that the City Council adopt an ordinance repealing Ordinance 460, repealing Chapter 9.55 of the City of Menifee Municipal Code, replacing certain portions of Section
9.56.050 of the City of Menifee Municipal Code, and adding Title 7 to the Menifee Municipal Code.
WHEREAS, on November 6, 2019, the City Council held a duly noticed public hearing on the proposed Ordinance to adopt MCA No. DEV2019-037, introduced and conducted a first reading of the Ordinance, and considered testimony and all evidence at the public hearing with respect thereto.
WHEREAS, on November 20, 2019, the City Council conducted a second reading of the Ordinance.
WHEREAS, the City Council has considered the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA ORDAINS AS FOLLOWS:
Section 1. The above recitals are true and correct and are incorporate herein.
Section 2. Pursuant to Section 15168(c)(2) of Title 14 of the California Code of Regulations, the proposed code amendments do not require additional review under CEQA. The City has determined that the proposed amendments are consistent with the Environmental Impact Report (EIR) for the General Plan certified in September 2013 (SCH# 2012071033) and would not result in new impacts. The updates to the Development Code implement the adopted General Plan. As the update of the Code was considered in the General Plan EIR, pursuant to the provisions of CEQA no further environmental analysis is required.
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Further, proposed MCA No. DEV2019-037 does not fall within the definition of a "project" under the CEQA because it, as a narrative change to the Municipal Code, does not have the potential for resulting in a direct or indirect physical change in the environment (CEQA Guidelines 15378(a)) and is an administrative activity of the City that will not result in direct or indirect physical changes in the environment (CEQA Guidelines 15378(b )(5)). In addition, proposed MCA No. DEV2019-037 is exempt from CEQA because there is no possibility that the proposed ordinance, as a textural change to the Municipal Code, may have a significant impact on the physical environment (CEQA Guidelines 15061) and because, per Section 15061 (b )(3), it can be seen with certainty to have no possibility of a significant effect upon the environment.
Section 3. Proposed MCA No. DEV2019-037 is consistent with the requirements of the City of Menifee Municipal Code regarding the process of amending the Municipal Code.
Section 4. Proposed MCA No. DEV2019-037 shall preserve the health, safety, and general welfare of the residents of and visitors to the City of Menifee.
Section 5. Ordinance 460, Subdivisions, is repealed in its entirety.
Section 6. In all other respects, Ordinance 2009-66, as amended by Ordinance No. 2013- 123, remains unchanged and in full force and effect.
Section 7. Chapter 9.55, Parkland Dedication or Quimby Fee Requirements for Residential Development Requiring a Tentative Map or Parcel Map, is repealed in its entirety.
Section 8. Section 9.56.050(A) is replaced in its entirety as follows:
Calculation. As a condition of approval for any residential development project, the city shall require the payment of park and recreation mitigation fees, which shall be calculated in the same manner as fees required by Chapter 7.75 of this Code Section 9. Section 9.56.050(C) is replaced in its entirety as follows:
Exemptions. The park and recreation mitigation fees established by this chapter shall not apply to residential development that is subject to the dedication of parkland or the imposition of in-lieu fees, or a combination of both, for park and recreational purposes, as a condition of approval of a tentative map or parcel map pursuant to Chapter 7. 75 of this Code, adopted in accordance with Cal. Gov't Code section 66477, sometimes referred to as the Quimby Act.
Section 10. Menifee Municipal Code Title 7, Subdivisions, is hereby enacted as set forth in full as Exhibit A hereto.
Section 11. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 12. Effective Date. This ordinance shall take effect 30 days from the date of its adoption.
Section 13. Notice of Adoption. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause to be published within fifteen (15) days after its passage in a newspaper of 3 Item Title: 10.7
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City of Menifee Ordinance
Subdivision Ordinance
general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, cause this Ordinance to be published in a manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933(c).
This Ordinance was introduced and read on the 6th day of November 2019 and APPROVED AND ADOPTED this 20th day of November 2019.
ATTEST:
Approved as to form:
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City of Menifee
Municipal Code
Title 7, Subdivisions
Articles 1 through 5
FINAL DRAFT
Prepared July 12, 2019
Revised October 9, 2019
FINAL November 6, 2019 (l5t Reading)
FINAL November 20, 2019 (2nd Reading)
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City of Menifee Municipal Code
Title 7 Subdivisions
Table of Contents
ARTICLE 1: GENERAL PROVISIONS ....................................................................... 7-1 CHAPTER 7.01: PURPOSE AND APPLICABILITY 7-2
7.01.010 TITLE ..................................................................................................................................... 7-2
7.01.020 PURPOSE AND INTENT ......................................................................................................... 7-2
7.01.030 AUTHORITY ........................................................................................................................... 7-2
7.01.040 APPLICABILITY ...................................................................................................................... 7-2
7.01.050 EXCEPTIONS ......................................................................................................................... 7-2
7.01.060 CONSISTENCY WITH THE GENERAL PLAN ....................................................................... 7-4
7.01.070 CONFLICTING REQUIREMENTS ............................................................................................ 7-4
7.01.080 STATUS OF COVENANTS AND AGREEMENTS ...................................................................... 7-4
7.01.090 SEVERABILITY ....................................................................................................................... 7-4 CHAPTER 7.05: ADMINISTRATIVE RESPONSIBILITIES 7-5
7.05.010 PURPOSE .............................................................................................................................. 7-5
7.05.020 RESPONSIBILITIES AND AUTHORITIES ................................................................................. 7-5
7.05.030 FEES AND DEPOSITS ............................................................................................................. 7-5
7.05.040 GRADING AND EROSION CONTROL .................................................................................... 7-5 CHAPTER 7.10: RULES OF INTERPRETATION 7-6
7.10.010 PURPOSE .............................................................................................................................. 7-6
7.10.020 INTERPRETATION OF CODE PROVISIONS ............................................................................ 7-6
7.10.030 RULES OF INTERPRETATION ................................................................................................ 7-6 CHAPTER 7.15: ENFORCEMENT 7-8
7.15.010
7.15.020
7.15.030
7.15.040
PURPOSE .............................................................................................................................. 7-8 APPLICABILITY ...................................................................................................................... 7-8 PROHIBITION ........................................................................................................................ 7-8 REMEDIES ............................................................................................................................. 7-8 ARTICLE 2: MAPS REQUIRED .............................................................................. 7-10 CHAPTER 7.20 TENTATIVE MAPS 7-11
7.20.010
7.20.020
7.20.030
7.20.040
7.20.050
7.20.060
7.20.070
7.20.080
7.20.090
7.20.100
7.20.110
APPLICABILITY .................................................................................................................... 7-11 TENTATIVE MAP FORM AND CONTENT ............................................................................ 7-11 COMPLIANCE WITH THE GENERAL PLAN AND THE DEVELOPMENT CODE ..................... 7-12 GEOTECHNICAL, GEOLOGIC, AND SOILS REPORT ............................................................. 7-12 FLOOD MANAGEMENT ...................................................................................................... 7-13 DETERMINATION OF APPLICATION COMPLETENESS ....................................................... 7-13 TENTATIVE MAP REVIEW AND DISTRIBUTION PROCEDURES .......................................... 7-13 TIME FRAMES FOR ACTION ON TENTATIVE MAPS ........................................................ 7-13 FINDINGS OF APPROVAL FOR TENTATIVE MAPS ........................................................... 7-14 TENTATIVE MAP PROCEDURES ......................................................................................... 7-14 APPEALS .............................................................................................................................. 7-15 Pagei Table of Contents
FINAL, Nov 6, 2019 and Nov 20, 2019
Item Title: 10.7
Agreement with Tri-Pointe Homes IE-SD, Inc. for Assignment of Quimby Credit Item Page Number: 30
Menifee Mayor and City Council
October 4, 2023
Page
287 of 547
City of Menifee Municipal Code
Title 7 Subdivisions
7.20.120 EXPIRATION OF A TENTATIVE MAP ................................................................................... 7-15
7.20.130 EXTENSIONS OF TIME FOR TENTATIVE MAPS ........................................................ ........... 7-15
7.20.140 MODIFICATIONS OF TENTATIVE MAPS ............................................................................. 7-16
7.20.150 EFFECT OF ANNEXATION ON MAPS .......... .................................................................... 7-17 CHAPTER 7.25 VESTING TENTATIVE MAPS 7-18
7.25.010
7.25.020
7.25.030
7.25.040
7.25.050
7.25.060
7.25.070
7.25.080
7.25.090
PURPOSE ....................................................... ........................................... ....................... ... 7-18 APPLICABILITY ........................................................ ............ ................................................ 7-18 FILING AND PROCESSING OF VESTING TENTATIVE MAPS .............................................. .. 7-18 APPLICATION MATERIALS .................................................................................................. 7-18 DEVELOPMENT RIGHTS ..................................................................................................... 7-19 MANDATORY FINDINGS FOR APPROVAL .......................................................................... 7-19 EXPIRATION OF A VESTING TENTATIVE MAP ................................................................ 7-20 EXTENSIONS OF TIME FOR VESTING TENTATIVE MAPS ....... ..... .................................... 7-20 MODIFICATIONS TO VESTING TENTATIVE MAPS .............................................................. 7-20 CHAPTER 7.30 FINANCE MAPS 7-21
7.30.010 PURPOSE ............................................................................................................................ 7-21
7.30.020 APPLICABILITY .................................................................................................................... 7-21
7.30.030 FINANCE MAP PROCEDURE ............................................................................................... 7-21
7.30.040 MINIMUM REQUIREMENTS .............................................................................................. 7-22 CHAPTER 7.35 COMMON INTEREST SUBDIVISION CONVERSIONS 7-23
7.35.010
7.35.020
7.35.030
7.35.040
7.35.050
7.35.060
7.35.070
APPLICABILITY ............................. ........................................... ............................................ 7-23 DEVELOPMENT REVIEW REQUIRED .................................................................................. 7-23 APPLICATION REQUIREMENTS .......................................................................................... 7-23 PHYSICAL STANDARDS FOR CONDOMINIUM CONVERSIONS .......................................... 7-25 TENANT PROVISIONS ......................................................................................................... 7-28 NOTICE TO NEW TENANTS ................................................................................................ 7-29 FINDINGS ............................................................................................................................ 7-29 CHAPTER 7.40 FINAL MAPS AND PARCEL MAPS 7-31
7.40.010 GENERAL .................... ..................... ......................... ............................ .............................. . 7-31
7.40.020 ACCOMPANYING DATA AND ADDITIONAL INFORMATION ............................. .............. ... 7-31
7.40.030 SURVEY AND MONUMENTS REQUIRED ............................................................................ 7-31
7.40.040 SUBMISSION AND REVIEW ....................................................................... .................... 7-31
7.40.050 COMPLETE AND TIMELY FILING ............. .................................... .................. ..................... 7-32
7.40.060 FINAL MAP APPROVAL ....................................................................................................... 7-33
7.40.070 LIMITATION ON MAP DENIAL.. ............................................ ......... .......... ........ ............ ....... 7-34
7.40.080 FILING WITH THE OFFICE OF THE COUNTY RECORDER .................................................... 7-34
7.40.090 WAIVER OF PARCEL MAP .............................................................................................. 7-34
7.40.100 CERTIFICATE OF CORRECTION .................................. ......................................................... 7-35
7.40.110 EFFECT OF ANNEXATION ON MAPS .............................................................................. 7-36 ARTICLE 3: CERTIFICATES, ADJUSTMENTS, AND MERGERS ................................ 7-37 CHAPTER 7.45 CERTIFICATES OF COMPLIANCE 7-38
FINAL, Nov 6, 2019 and Nov 20, 2019
Item Title: 10.7
Agreement with Tri-Pointe Homes IE-SD, Inc. for Assignment of Quimby Credit Item Page Number: 31
Menifee Mayor and City Council
October 4, 2023
Page
288 of 547
City of Menifee Municipal Code
Title 7 Subdivisions
7.45.010 PURPOSE ............................................................................................................................ 7-38
7.45.020 APPLICABILITY .................................................................................................................... 7-38
7.45.030 APPLICATION AND REQUIRED FEES .................................................................................. 7-38
7.45.040 APPROVING AUTHORITY .................................................................................................... 7-38
7.45.050 CRITERIA FOR ISSUANCE .................................................................................................... 7-38
7.45.060 FILING OF CERTIFICATE OF COMPLIANCE ......................................................................... 7-39 CHAPTER 7.50 LOT LINE ADJUSTMENTS 7-40
7.50.010 PURPOSE ............................................................................................................................ 7-40
7.50.020 APPLICABILITY .................................................................................................................... 7-40
7.50.030 APPLICATION AND REQUIRED FEES .................................................................................. 7-40
7.50.040 APPROVING AUTHORITY .................................................................................................... 7-40
7.50.050 PROCESSING PROCEDURES .................................................. .............. ................ ............... 7-40
7.50.060 FINDINGS FOR APPROVAL ................................................................................................. 7-41
7.50.070 PROHIBITED CONDITIONS ................................................................................................. 7-41 CHAPTER 7.55 LOT MERGER 7-42
7.55.010 PURPOSE ............................................................................................................................ 7-42
7.55.020 APPLICABILITY ....................................... ...................... ................................................... .... 7-42
7.55.030 APPROVING AUTHORITY .................................................................................................... 7-42
7.55.040 PROCESSING PROCEDURES ............................................................................................... 7-42
7.55.050 MERGER REQUIREMENTS .................................................................................................. 7-42
7.55.060 CITY-INITIATED MERGER .................................................................................................... 7-43
7.55.070 EFFECTIVE DATE OF MERGER ............................................................................................ 7-45
7.55.080 UNMERGED PARCELS ......................................................................................................... 7-45 CHAPTER 7.60 REVERSION TO ACREAGE 7-46
7.60.010 PURPOSE .................................................................................... ........................................ 7-46
7.60.020 INITIATION OF PROCEEDINGS ........................................................................................... 7-46
7.60.030 FILING OF REVERSION TO ACREAGE.. ................................................................................ 7-46
7.60.040 SUBMITTAL OF PETITION TO CITY ENGINEER ................................................................... 7-47
7.60.050 CITY COUNCIL APPROVAL ............................................ ....................... ............................... 7-47
7.60.060 FILING WITH THE COUNTY RECORDER .................. ......... ................................................... 7-47 ARTICLE 4: DESIGN, DEDICATION, AND IMPROVEMENTS .................................. 7-48 CHAPTER 7.65 DESIGN STANDARDS 7-49
7.65.010 PURPOSE ...................................................... ...................................................................... 7-49
7.65.020 APPLICABILITY .............. .............................. ................................................. ....................... 7-49
7.65.030 STREET AND LOT LAYOUT REQUIREMENTS ...................................................................... 7-49
7.65.040 LOTS .................................................................................................................................... 7-52
7.65.050 ACCESS TO LOTS ................................................................................................................. 7-53
7.65.060 ENERGY CONSERVATION ................................................................................................... 7-54
7.65.070 ENVIRONMENTAL CONSTRAINTS SHEET REQUIRED ......................................................... 7-54 CHAPTER 7.70 DEDICATIONS AND FEES 7-55
7.70.010 DEDICATIONS GENERALLY ................................................................................................. 7-55 FINAL, Nov 6, 2019 and Nov 20, 2019
Item Title: 10.7
Agreement with Tri-Pointe Homes IE-SD, Inc. for Assignment of Quimby Credit Item Page Number: 32
Menifee Mayor and City Council
October 4, 2023
Page
289 of 547
City of Menifee Municipal Code
Title 7 Subdivisions
7.70.020 FEES GENERALLY ................................................................................................................ 7-55 CHAPTER 7.75 PARKLAND DEDICATION AND FEES 7-56
7.75.010
7.75.020
7.75.030
7.75.040
7.75.050
7.75.060
7.75.070
7.75.080
7.75.090
PURPOSE ............................................................................................................................ 7-56 APPLICABILITY .................................................................................................................... 7-56 GENERAL STANDARD ......................................................................................................... 7-56 GENERAL DEDICATION REQUIREMENTS ........................................................................... 7-56 DETERMINATION OF LAND OR FEE ................................................................................... 7-57 FORMULA FOR DEDICATION OF LAND .............................................................................. 7-58 CRITERIA FOR REQUIRING PAYMENT OF IN-LIEU FEES ..................................................... 7-59 CREDIT FOR PRIVATE PARKS AND RECREATION AREAS ................................................... 7-59 EXEMPTIONS ...................................................................................................................... 7-60 CHAPTER 7.80 IMPROVEMENTS 7-61
7.80.010 IMPROVEMENTS REQUIRED .............................................................................................. 7-61
7.80.020 OFF-SITE IMPROVEMENTS ................................................................................................. 7-61
7.80.030 DEFERRED IMPROVEMENTS .............................................................................................. 7-61
7.80.040 DESIGN OF IMPROVEMENT PLANS AND STANDARDS ...................................................... 7-62
7.80.050 SUBDIVISION IMPROVEMENT AGREEMENTS AND SECURITY .......................................... 7-63
7.80.060 COMPLETION OF IMPROVEMENTS ................................................................................... 7-65 ARTICLE 5: DEFINITIONS .................................................................................... 7-66 CHAPTER 7.85: DEFINITIONS 7-67
7.85.010 PURPOSE ............................................................................................................................ 7-67
7.85.020 DEFINITIONS ....................................................................................................................... 7-67 FINAL, Nov 6, 2019 and Nov 20, 2019
Item Title: 10.7
Agreement with Tri-Pointe Homes IE-SD, Inc. for Assignment of Quimby Credit Item Page Number: 33
Menifee Mayor and City Council
October 4, 2023
Page
290 of 547
Adopted
ARTICLE 1: Date
GENERAL PROVISIONS
Effective
Date
CHAPTER 7 .01: PURPOSE AND APPLICABILITY .................................. 7-2 CHAPTER 7 .05: ADMINISTRATIVE RESPONSIBILITIES ............................ 7-5 CHAPTER7.10: RULES OF INTERPRETATION .................................... 7-6 CHAPTER 7 .15: ENFORCEMENT ................................................................. 7-8
FINAL, Nov 6, 2019 and Nov 20, 2019
Item Title: 10.7
Agreement with Tri-Pointe Homes IE-SD, Inc. for Assignment of Quimby Credit Item Page Number: 34
Menifee Mayor and City Council
October 4, 2023
Page
291 of 547
City of Menifee Mun icipal Code Article 1
Title 7, Subdivisions General Provisions
CHAPTER 7.01: PURPOSE AND APPLICABILITY
SECTIONS
7.01.010
7.01.020
7.01.030
7.01.040
7.01.050
7.01.060
7.01.070
7.01.080
7.01.090
7.01.010
Title ................................................................................................................................................ 7-2 Purpose and Intent ......................................................................................................................... 7-2 Authority ........................................................................................................................... ............. 7-2 Applicability ................................................................................................................ .................... 7-2 Exceptions ............................................................................................................................................. 7-2 Consistency with the General Plan .................... .................................................... ....................... .. 7-4 Conflicting Requirements ............................................................................................................... 7-4 Status of Covenants and Agreements ................ ..... .................................. ...................................... 7-4 Severability ........................................................................ ............................................................. 7-4 Title
This Title is known as the Subdivision Ordinance of the City of Menifee , hereinafter referred to as the Title.
7.01.020 Purpose and Intent
The purpose of this Title is to provide the City with legal authority for the review of the design and improvement of subdivisions and the processing of any proposed division, consolidation, and/or reconfiguration of land within the city.
7.01.030 Authority
This Title is adopted pursuant to the authority reserved to the City by Article XI, Section 7, of the California Constitution and the authority granted to the City by Section 66411 of the Government Code to supplement and implement the California Subdivision Map Act, Section 66410 et seq. of the Government Code, as may be amended from time to time, hereinafter referred to as the Map Act. 7 .01.040 Applicability
This Title shall apply to any division, consolidation, and/or reconfiguration of land within the city, except as identified in Section 7 .01.050 (Exceptions), and shall govern the preparation, processing, and approval of all tentative maps, final maps, parcel maps, lot line adjustments, parcel mergers, reversions to acreage, and waivers and all other actions regulated hereby. Any other matter not regulated by this Title shall be regulated by the Map Act.
7 .01.050 Exceptions
The following are excepted from Division 2 of Title 7 of the Government Code. These exceptions are described more fully in Government Code Section 66412 et seq.:
A. The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, or trailer parks.
B. Mineral, oil, or gas leases.
C. Land dedicated to cemetery purposes under the Health and Safety Code.
FINAL Nov 6, 2019 and Nov 20, 2019 Page 7-2 Chapter7 .01 Purpose and Applicability
Item Title: 10.7
Agreement with Tri-Pointe Homes IE-SD, Inc. for Assignment of Quimby Credit Item Page Number: 35
Menifee Mayor and City Council
October 4, 2023
Page
292 of 547
City of Menifee Municipal Code
Title 7, Subdivisions
Article 1
General Provisions
D. Lot line adjustments between four or fewer existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel and where no new parcels are created, provided that subject to the provisions of Map Act Section 66412{d), the lot line adjustment or parcel merger is approved pursuant to Chapter 7.45 (Lot Line Adjustments) of this Title.
E. Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party.
F. Any separate assessment under Section 2188.7 of the Revenue and Taxation Code.
G. The conversion of a community apartment project (Government Code Section 66412(g)).
H. The conversion of a stock cooperative (Government Code Section 66412(h)).
I. The financing or leasing or any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other City ordinances regulating design and improvement.
J. The financing or leasing of existing separate commercial or industrial buildings on a single parcel.
K. The financing or leasing of dwelling units pursuant to Section 65852.1 or accessory dwelling units pursuant to Section 65852.2 of the Government Code; however, this Title shall apply to the sale or transfer, but not the leasing, of those units.
L. Leasing of agricultural land for agricultural purposes, meaning the cultivation of food or fiber, or the grazing or pasturing of livestock.
M. Subdivisions of four parcels or less for construction of removable commercial buildings having a floor area of less than 100 square feet.
N. The leasing or licensing of a portion of a parcel or the granting of an easement, use permit, or similar right for the purpose of financing, erection, sale, or lease of:
1. Wind-powered electrical generation facilities (Government Code Section 66412(i));
2. Cellular radio transmission facilities (Government Code Section 664120));
3. Solar electrical generation facilities (Government Code Section 66412(1)); or
4. Certain agricultural waste projects (Government Code Section 66412(m)).
0. Conveyance of land to or from a government agency, public entity, or public utility, unless a showing is made in individual cases based on substantial evidence that public policy necessitates a parcel map.
P. Conveyance of land to a subsidiary of a public utility for conveyance to that public utility for rights-of way, unless a showing is made in individual cases based on substantial evidence that public policy necessitates a parcel map.
FINAL Nov 6, 2019 and Nov 20, 2019 Page 7-3 Chapter7.01 Purpose and Applicability
Item Title: 10.7
Agreement with Tri-Pointe Homes IE-SD, Inc. for Assignment of Quimby Credit Item Page Number: 36
Menifee Mayor and City Council
October 4, 2023
Page
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City of Menifee Municipal Code
Title 7, Subdivisions
7.01.060 Consistency with the General Plan
Article 1
General Provisions
No division, consolidation, and/or reconfiguration of land within the city pursuant to this Title is to be approved for processing under this Title unless it is consistent with the General Plan. In the event of any conflict between this Title and the General Plan, the General Plan shall prevail. In the event this Title becomes inconsistent with the General Plan by reason of an amendment thereto or an element thereof, this Title shall be amended within a reasonable time so that it is consistent with the General Plan as amended.
7 .01.070 Conflicting Requirements
The provisions of this Title shall not be deemed or construed to repeal, amend, modify, alter, or change any other City ordinance or provision of law not specifically repealed, amended, modified, altered, or changed herein. In the event the provisions of this Title conflict with any other City ordinance or provision of law, the more restrictive of any such provision shall apply, except as follows:
A. Specific Plans. Where a specific plan has been adopted containing specific use, development, design, and/or improvement standards, the standards and provisions contained in this Title shall not apply to the degree that they are not consistent with the use, development, design, and/or improvement standards contained in the specific plan.
B. Development Agreements. Where a development agreement has been adopted containing specific use, development, design, and/or improvement standards, the use, development, design, and improvement standards contained in this Title shall not apply to the degree that they are not consistent with the use, development, design, and/or improvement standards contained in the development agreement.
7 .01.080 Status of Covenants and Agreements
The provisions of this Title are not intended to abrogate any legally adopted easements, covenants, or other agreements which are more restrictive than the provisions of this Title. 7 .01.090 Severability
Should any section, chapter, paragraph, phrase, or any portion of this Title be declared unconstitutional or invalid or set aside by any court of competent authority, such action shall not affect other sections, chapters, paragraphs, phrases, or parts hereof as adopted or amended.
FINAL Nov 6, 2019 and Nov 20, 2019 Page 7-4 Chapter7 .01 Purpose and Applicability
Item Title: 10.7
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Menifee Mayor and City Council
October 4, 2023
Page
294 of 547
City of Men ifee Municipal Code
Title 7, Subdivisions
Article 1
General Provisions
CHAPTER 7.05: ADMINISTRATIVE RESPONSIBILITIES
SECTIONS
7.05.010 Purpose .................................... ...................................................... ................................................ 7-5
7.05.020 Responsibilities and Authorit ies .......................................................... ........................................... 7-5
7.05.030 Fees and Deposits ............................................................................................................. ................... 7-5
7.05.040 Grading and Erosion Control ............ .......................................................... ............. ............ ........... 7-5 7 .05.010 Purpose
The purpose of this chapter is to establish and describe the respective administrative responsibilities of City officials and bodies (e.g., City Engineer, Community Development Director, Planning Commission, City Council) for purposes of this Title.
7 .05.020 Responsibilities and Authorities
The functions identified by this Title shall be carried out by the authorities as designated in Table
7.05.020-1 (Designated Authority for Approvals) or as specified in this Title.
Table 7.05.020-1: Designated Authority for Approvals
DesignatedAuthority1
Community
Type of City Development Planning
Approval Type (Chapter) Action Engineer Director Commission City Council Tentative Map (7.20) Discretionary R A
Tentative Parcel Map (7.20) Discretionary A
Vesting Tentative Map (7.25) Discret ionary R R A
Vesting Tentative Parcel (7.25) Discretionary R R A
Common Interest Subdivision Discretionary R A
Conversions (7 .30)
Final Map (7.35) Ministerial R A
Parcel Map (7.35) Minister ial R A
Parcel Map Waiver (7.35) Discretionary A
Certificate of Compliance (7.40) Ministerial A
Lot Line Adjustment (7.45) Ministerial A
Lot Merger (7.50) Discretionary A
Reversion to Acreage (7.55) Discretionary R A
1 A= Approving Authority ; R = Recommending Authority
7.05.030 Fees and Deposits
All applicants submitting applications required by this Title shall pay all applicable fees and/or deposits as adopted by City Council ordinance or resolution .
7.05.040 Grading and Erosion Control
All division, consolidation, and/or reconfigurations of land pursuant to this Title shall conform to those grading and erosion control standards set forth Chapter 8.26 (Grading Ordinance).
FINAL Nov 6, 2019 and Nov 20, 2019 Page 7-5 Chapter7.05 Administrative Responsibilities
Item Title: 10.7
Agreement with Tri-Pointe Homes IE-SD, Inc. for Assignment of Quimby Credit Item Page Number: 38
Menifee Mayor and City Council
October 4, 2023
Page
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City of Menifee Municipal Code Article 1
Title 7, Subdivisions General Provisions
CHAPTER 7.10: RULES OF INTERPRETATION
SECTIONS
7.10.010
7.10.020
7.10.030
Purpose .......................................................................................................................................... 7-6 Interpretation of Code Provisions .................................................................................................. 7-6 Rules of Interpretation ................................................................. .................................................. 7-6
7.10.010 Purpose
The purpose of this chapter is to specify the authority, procedures, and rules for clarification of ambiguity in the regulations of this Title in order to ensure the consistent interpretation and application of the Title.
7.10.020 Interpretation of Code Provisions
A. Authority to Interpret. Where uncertainty exists regarding the interpretation of any provision of this Title or its application to a specific site, the Community Development Director, in consultation with the City Engineer as appropriate, shall have the authority and responsibility to interpret such terms, provisions, and requirements, unless specifically stated otherwise.
B. Record of Interpretation. Code interpretations shall be made in writing and shall state the facts upon which the Director relied to make the determination. The Department shall keep a record of interpretations made pursuant to this chapter on file for future reference .
C. Applicability of Interpretation. Code interpretations shall be applied in all future cases, provided that any interpretation may be superseded by a later interpretation when the Director determines that the earlier interpretation was in error or is no longer applicable under the current circumstances.
7.10.030 Rules of Interpretation
The following rules of interpretation shall be used in the application of the terms, provisions, and requirements of this Title.
A. Abbreviations. The following phrases, personnel, and document titles are shortened as follows:
1. Title 7 (Subdivisions)= Title= Subdivision Ordinance
2. Map Act= California Subdivision Map Act
3. County Recorder= County of Riverside Recorder
4. Director= Community Development Director
5. Engineer= City Engineer
6. Fire Department= Fire Marshal
B. Terminology. The following rules apply to all provisions in this Title:
1. Language. The words "shall," "will," "is to," and "are to" and similar words and phrases are always mandatory. "Should" is not mandatory but is strongly recommended, and "may" is permissive.
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Item Title: 10.7
Agreement with Tri-Pointe Homes IE-SD, Inc. for Assignment of Quimby Credit Item Page Number: 39
Menifee Mayor and City Council
October 4, 2023
Page
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City of Menifee Municipal Code
Title 7, Subdivisions
Article 1
General Provisions
2. Tense and number. The present tense includes the past and future tense, and the future tense includes the present. The singular number includes the plural, and plural numbers include the singular, unless the natural construction of the word indicates otherwise.
3. Conjunctions. "And" indicates that all connected items or provisions shall apply. "Or" indicates that the connected items or provisions may apply singly or in any combination. "Either ... or" indicates that the connected items and provisions shall apply singly but not in combination. "Includes" and "including" shall mean "including but not limited to." C. Number of Days. Whenever a number of days is specified in this Title, or in any permit, approval, condition of approval, or notice issued or given as provided in this Title, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the City is not open for business.
D. Minimum Requirements. All provisions of this Title are considered to be minimum requirements, unless specifically stated otherwise.
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Menifee Mayor and City Council
October 4, 2023
Page
297 of 547
City of Menifee Municipal Code
Title 7, Subdivisions
CHAPTER 7.15: ENFORCEMENT
SECTIONS
Article 1
General Provisions
7.15.010 Purpose .................... ............................................................................... ....................................... 7-8
7.15.020 Applicability ............................................................. ....................................................................... 7-8
7.15.030 Prohibition ...................................... .................. ............. ................................................................ 7-8
7.15.040 Remedies .............................................................. ................... ....................... ............................ .... 7-8
7.15.010 Purpose
The purpose of this chapter is to identify prohibitions for the division or conveyance of land and to identify remedies where such prohibited actions have been made.
7 .15.020 Applicability
This chapter does not apply to any parcel or parcels of subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law, including this Title, regulating the design and improvement of subdivisions in effect at the time the subdivision was established.
7.15.030 Prohibition
A. No person shall sell, lease, or finance any parcel or parcels of real property or commence construction of any building for sale, lease, or financing thereon, or allow occupancy thereof, for which a final map or parcel map is required by the Map Act or this Title, until such a map, in full compliance with the provisions of the Map Act and this Title, and has been filed for record by the County Recorder.
B. Conveyances of any part of a division of real property for which a final or parcel map is required by the Map Act or this Title shall not be made by parcel or block number, letter, or other designation, unless and until such map has been filed for record by the County Recorder.
C. Nothing contained in this section shall be deemed to prohibit an offer or contract to sell, lease, or finance real property or to construct improvements thereon where such sale, lease, or financing, or the commencement of such construction, is expressly conditioned upon the approval and filing of a final map or parcel map, as required under the Map Act or this Title.
7.15.040 Remedies
A. Any deed of conveyance, sale, or contract to sell real property which has been divided, or which has resulted from a division in violation of the provisions of the Map Act or this Title, is voidable at the sole option of the grantee, buyer, or person contracting to purchase, or any heirs, personal representative, or trustee in insolvency or bankruptcy thereof, within one year after the date of discovery of such violation in accordance with Government Code Section 66499.32(a).
B. Any grantee, or successor in interest thereof, of real property which has been divided, or which has resulted from a division in violation of the provisions of the Map Act or this Title, may, within one year of the date of discovery of such violation, bring an action in the Superior Court of California, County of Riverside, to recover any damages suffered by reason of such division of property. The action may be brought against the person who so divided the property and against any successors in interest who FINAL Nov 6, 2019 and Nov 20, 2019 Page 7-8 Chapter7.15 Enforcement
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Agreement with Tri-Pointe Homes IE-SD, Inc. for Assignment of Quimby Credit Item Page Number: 41
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October 4, 2023
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City of Menifee Municipal Code
Title 7, Subdivisions
Article 1
General Provisions
so divided the property and against any successors in interest who have actual or constructive knowledge of such division of property in accordance with Government Code Section 66499.32(b).
C. The provisions of this section shall not apply to the conveyance of any parcel of real property identified in a certificate of compliance, final map, or parcel map filed by the County Recorder, from and after the date of recording.
D. The provisions of this section shall not limit or affect, in any way, the rights of a grantee or successor in interest under any other provision of law.
E . . This section does not bar any legal, equitable, or summary remedy to which the City or other public agency, or any person, firm, or corporation may otherwise be entitled, and the City or other public agency, or such person, firm, or corporation may file a suit in the Superior Court to restrain or enjoin any attempted or proposed subdivision or sale.
F. The City shall not issue a permit or grant any approval necessary to develop any real property which has been divided or which has resulted from a division in violation of the provisions of the Map Act or this Title if it finds that development of such real property is contrary to the public health or the public safety. The authority to deny or approve such a permit shall apply whether the applicant therefor was the owner of record at the time of such violation or whether the applicant therefor is either the current owner of record or a vendee thereof with, or without, actual or constructive knowledge of the violation at the time of the acquisition of an interest in such real property.
G. If the City issues a permit or grants approval for the development of any real property illegally subdivided under the provisions of subsection A of this section, the City may impose those additional conditions which would have been applicable to the division of the property at the time the current owner of record acquired the property. If the property has the same owner of record as at the time of the initial violation, the City may impose conditions applicable to a current division of the property.
If a conditional certificate of compliance has been filed for recordation in accordance with the provisions of Chapter 7.45 (Certificates of Compliance), only those conditions stipulated in that certificate shall be applicable in accordance with Government Code Section 66499.34.
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Item Title: 10.7
Agreement with Tri-Pointe Homes IE-SD, Inc. for Assignment of Quimby Credit Item Page Number: 42
Menifee Mayor and City Council
October 4, 2023
Page
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Adopted
ARTICLE 2: Date
MAPS REQUIRED
Effective
Date
CHAPTER7.20 TENTATIVE MAPS ................................................. 7-11 CHAPTER7.25 VESTING TENTATIVE MAPS .................................. 7-18 CHAPTER 7 .30 FINANCE MAPS .................................................... 7-21 CHAPTER 7.35 COMMON INTEREST SUBDIVISION CONVERSIONS 7-23 CHAPTER 7 .40 FINAL MAPS AND PARCEL MAPS .......................... 7-31 FINAL Nov 6, 2019 and Nov 20, 2019 Page 7-10
Item Title: 10.7
Agreement with Tri-Pointe Homes IE-SD, Inc. for Assignment of Quimby Credit Item Page Number: 43
Menifee Mayor and City Council
October 4, 2023
Page
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City of Menifee Municipal Code Article 2
Title 7, Subdivisions Maps Required
CHAPTER 7.20 TENTATIVE MAPS
SECTIONS
7.20.010
7.20.020
7.20.030
7.20.040
7.20.050
7.20.060
7.20.070
7.20.080
7.20.090
7.20.100
7.20.110
7.20.120
7. 20.130
7.20.140
7.20.150
7.20.010
Applicability ......................................................................................................................................................... 7-11 Tentative Map Form and Content ............................... ............................ ........................ .............. 7-11 Compliance with the General Plan and the Development Code .............................................. ...... 7-12 Geotechnical , Geologic, and Soils Report ............................... ....................................................... 7-12 Flood Management ............... ........................................................................................................ 7-13 Determ ination of Application Completeness ..................................... ............................................ 7-13 Tentative Map Review and Distr ibution Procedures ............................................................ ......... 7-13 Time Frames for Action on Tentative Maps ................................................................................... 7-13 Findings of Approval for Tentative Maps .............. ............... ........................................ .................. 7-14 Tentative Map Procedures .............................................. ................................... ..................... .... .. 7-14 Appeals ····································································:········ .. ·················· ... · ........................................................... 7-15 Expiration of a Tentative Map ............................................................. ............. ............................. 7-15 Extensions of Time for Tentative Maps ................................. ..... .. ............ .............. ................... .... 7-15 Modificat ions of Tentative Maps ................................................................................................... 7-16 Effect of Annexation on Maps ....................................................................................................... 7-17 Applicability
The procedures set forth in this chapter shall be applicable to tentative maps and tentative parcel maps.
The provisions of this chapter comply with the requirements of Government Code Section 66410 et seq.
7.20.020 Tentative Map Form and Content
A. Before any tentative map, or request for extension of time of a tentative map, is accepted for filing, the subdivider shall file a completed application form on a City application designated for the specific request, pay all applicable fees, and submit the required number of copies of the tentative map and all supporting materials and documents to the Community Development Director . The Director may, from time to time, amend the official application form and the map submittal requirements. Tentative maps shall be prepared in a size, form, and manner acceptable to the Director and shall be prepared by a registered civil engineer or licensed land surveyor. The tentative map shall be clearly and legibly drawn using a scale not less than 100 and shall contain all information required by the official application form.
B. The Director may require other drawings, data, reports , or information deemed necessary to accomplish the purposes of the Map Act, the California Environmental Quality Act (CEQA), and this Title.
C. The applicant shall prepare a conceptual landscape master plan (CLMP) that delineates proposed landscape improvements to include parks, paseos, trails, open space, parkways, medians, common areas, and slopes. The CLMP shall be prepared at a scale suitable to show in detail all proposed improvements in conceptual form. Sections shall be included as needed to provide additional detail.
D. Except as provided in Section 7.40.0S0(A), the subdivider shall indicate the intent to submit phased final maps at the time of application for the tentative map.
FINAL Nov 6, 2019 and Nov 20, 2019 Page 7-11 Chapter7 .20 Tentative Maps
Item Title: 10.7
Agreement with Tri-Pointe Homes IE-SD, Inc. for Assignment of Quimby Credit Item Page Number: 44
Menifee Mayor and City Council
October 4, 2023
Page
301 of 547
City of Menifee Municipal Code
Title 7, Subdivisions
Article 2
Maps Required
E. The subdivider should indicate the intent to request a parcel map waiver at the time of application for tentative map.
F. Vesting tentative maps shall conform to Chapter 7.25 (Vesting Tentative Maps) of this Title.
7.20.030
Code
Compliance with the General Plan and the Development
All divisions of land pursuant to this Title shall conform to the City of Menifee General Plan and to the development standards set forth in the Development Code for the zone in which the property to be divided is located at the time the application for the tentative map is determined complete.
7.20.040 Geotechnical, Geologic, and Soils Report
A. Soils Report. The subdivider shall provide a preliminary soils report, based upon adequate subsurface exploration, test borings, and laboratory tests, with application of the tentative map or parcel map.
In the event the preliminary soils report indicates the presence of collapsible or expansive soils, liquefaction, or other soil problems, which if not corrected could result in structural defects, a geotechnical investigation of each lot or parcel in the subdivision shall be undertaken, and a report shall be submitted recommending corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problems exist. The subdivision or any portion thereof where such soils problems exist may be approved if it is determined that the recommended corrective action is likely to prevent structural damage to each structure to be constructed and that the issuance of any Building Permit shall be conditioned to include this recommended corrective action with the construction of each affected structure. The report may be waived if, in the exercise of his or her professional judgment, the City Engineer finds that sufficient knowledge exists as to the qualities of the soils within the proposed subdivision.
B. Geologic and geotechnical reports shall be required, with application of the tentative map or parcel map, when a subdivision involves any of the following:
1. The subdivision is within any zone requiring special study by the State Geologist or the City Engineer.
2. The subdivision proposes to dispose surface water through the use of dry wells or other subsurface facilities.
3. The site of the subdivision contains hillside areas where the existing gradient equals or exceeds 25 percent.
4. The development of the subdivision requires excavation into bedrock.
C. Geotechnical, geologic, and soils reports, as required herein, shall be prepared by an engineer or geologist based on guidelines determined by the City Engineer, as applicable, who is authorized or licensed to practice and prepare the reports by the State of California. Such reports shall be reviewed and approved by the City Engineer. If public improvement plans or grading plans are required as part of the tentative map approval process, the review and approval of the geotechnical, geologic, or soils FINAL Nov 6, 2019 and Nov 20, 2019 Page 7-12 Chapter7.20 Tentative Maps
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Agreement with Tri-Pointe Homes IE-SD, Inc. for Assignment of Quimby Credit Item Page Number: 45
Menifee Mayor and City Council
October 4, 2023
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City of Menifee Municipal Code Article 2
Title 7, Subdivisions Maps Required
reports shall be required prior to approval of public improvement plans or grading plans. The City Engineer may waive these requirements for parcel maps at his or her discretion, in the exercise of his or her professional judgment. The City Engineer shall make a copy of all approved reports available to the public.
7.20.050 Flood Management
Prior to approval of any tentative map or tentative parcel map, the subdivider shall demonstrate, to the satisfaction of the City Engineer, that the design of the subdivision is such that it conforms with Chapter
4.2 (Floodplain Management for Noncoastal Communities) of the Menifee Municipal Code. The City Engineer may require studies, mapping, easements, design, and construction as part of the final map or parcel map processing to ensure that this requirement is met. Unless otherwise permitted by this Title, no final map shall be recorded if additional studies, engineering design, acquisition of easements, or construction of flood control facilities is required for issuance of any Building Permit for the subdivision.
The City Engineer shall make a copy of all approved studies available to the public. Such studies shall be prepared under the direction of a registered civil engineer. 7 .20.060 Determination of Application Completeness
The Community Development Director shall notify the applicant of its determination of completeness of the subdivision application in accordance with Government Code Section 65943. The applicant shall have the right to appeal a decision that an application is incomplete to the Planning Commission pursuant to Government Code Section 65943(c), through the appeal process set forth in Section 9.30.100 (Appeals).
7.20.070 Tentative Map Review and Distribution Procedures The review and distribution procedures for tentative map applications filed with the Community Development Director shall comply with the applicable common application processing procedures of Chapter 9.30 (Common Application Processing Procedures), except where modified as follows:
A. Distribution of Maps and Receipt of Comments. Within five business days after an application has been determined to be complete, the Community Development Director shall send notice of this determination to affected school districts pursuant to Government Code Section 66455.7. The Director may, if applicable, distribute copies of the proposed tentative subdivision map to other affected, advisory, or requesting agencies.
7.20.080 Time Frames for Action on Tentative Maps
A. The approving authority shall hold a public hearing on the map, and upon making all findings required in Section 7.20.090 (Findings of Approval for Tentative Maps), shall approve or conditionally approve the tentative map. If such findings are not made, the approving authority shall deny the tentative map. The approving authority shall render a decision within SO days of certification of an environmental impact report, adoption of a negative declaration, or a determination that the project is exempt from CEQA, in accordance with Government Code Sections 66452.1 and 66452.2:
B. The time frames noted above may be extended as provided by prevailing statutory law or court decisions.
C. In the event that action on a tentative map application is not taken in a timely manner and the application is deemed approved by operation of law, pursuant to Government Code Section 66452.4, FINAL Nov 6, 2019 and Nov 20, 2019 Page 7-13 Chapter7.20 Tentative Maps
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October 4, 2023
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City of Menifee Municipal Code
Title 7, Subdivisions
Article 2
Maps Required
the standard conditions of approval prepared by the City that are in effect at the time the application was deemed complete shall automatically be applied to the tentative map.
7.20.090 Findings of Approval for Tentative Maps
Any tentative map shall be approved, or conditionally approved, if all the following findings are made:
A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, any applicable specific plan, and the Menifee Municipal Code.
B. The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will be of an adequate size to sustain their agricultural use.
C. The site is physically suitable for the type and proposed density of development proposed by the tentative map.
D. The design of the subdivision and the proposed improvements, with conditions of approval, are either:
1. Not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat; or
2. Subject to an environmental impact report under which a finding has been made pursuant to Public Resources Code Section 21081(a)(3} that specific economic, social, or other considerations make infeasible mitigation measures or project alternatives identified in the environmental impact report.
E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems.
F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible.
G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided.
H. The subdivision is consistent with the City's parkland dedication requirements (per the Quimby Act}, as applicable, in accordance with Chapter 7.75 (Parkland Dedication and Fees}.
7.20.100 Tentative Map Procedures
A. Tentative Map. For subdivisions resulting in five or more residential lots:
1. The designated approving authority as specified in Section 7.05.020 (Responsibilities and Authorities} may approve or conditionally approve any tentative map if it can make the findings listed in Section 7.20.090 (Findings of Approval for Tentative Maps}, and may place reasonable FINAL Nov 6, 2019 and Nov 20, 2019 Page 7-14 Chapter7.20 Tentative Maps
Item Title: 10.7
Agreement with Tri-Pointe Homes IE-SD, Inc. for Assignment of Quimby Credit Item Page Number: 47
Menifee Mayor and City Council
October 4, 2023
Page
304 of 547
City of Menifee Municipal Code
Title 7, Subdivisions
Article 2
Maps Required
conditions on filing of multiple final or parcel maps. In making findings in support of the approval or disapproval, the approving authority shall apply all applicable City standards in effect ·at the time the application was deemed complete; provided, however, that such other City standards which may be applicable under the provisions of Government Code Section 66474.2(b) and (c) shall also be applied.
2. The approving authority may deny a tentative map on any of the grounds set forth in the Map Act or this Title, and shall deny the tentative map if it cannot make all of the findings listed in Section
7.20.090.
B. Tentative Parcel Map. For subdivisions resulting in four or fewer residential lots and for commercial or industrial subdivisions as described in Government Code Section 66426:
1. The designated approving authority as specified in Section 7.05.020 (Responsibilities and Authorities) may approve or conditionally approve any tentative map if he/she can make the findings listed in Section 7.20.090 (Findings of Approval for Tentative Maps), and may place reasonable conditions on filing of multiple final or parcel maps. In making findings in support of the approval or disapproval, the approving authority shall apply all applicable City standards in effect at the time the application was deemed complete; provided, however, that such other City standards that may be applicable under the provisions of Government Code Section 66474.2(b) and (c) shall also be applied.
2. The approving authority may deny a tentative map on any of the grounds set forth in the Map Act or this Title, and shall deny the tentative map if he/she cannot make all of the findings listed in Section 7.20.090.
7.20.110 Appeals
A subdivider or any other interested party may appeal a decision of the Director or the Planning Commission by using the procedures set forth in Section 9.30.100 (Appeals).
7.20.120 Expiration of a Tentative Map
An approved or conditionally approved tentative map shall expire 36 months after its approval by the designated authority as outlined in Table 7.05.020-1. The expiration of an approved or conditionally approved map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included on the tentative map shall be filed without first processing a new tentative map.
7. 20.130 Extensions of Ti me for Tentative Maps
Notwithstanding Section 7.20.120 (Expiration of a Tentative Map), the initial 36-month term of approved or conditionally approved tentative maps may be extended as follows:
A. Request by the Subdivider. Prior to the expiration of the tentative map, the subdivider may apply for an extension of time. The subdivider shall file with the Community Development Director a completed application form, pay all applicable fees, and submit the required number of copies of the tentative map and all supporting materials and documents required on the City's official application form, including, but not limited to, environmental analysis pursuant to CEQA.
FINAL Nov 6, 2019 and Nov 20, 2019 Page 7-15 Chapter7.20 Tentative Maps
Item Title: 10.7
Agreement with Tri-Pointe Homes IE-SD, Inc. for Assignment of Quimby Credit Item Page Number: 48
Menifee Mayor and City Council
October 4, 2023
Page
305 of 547
City of Menifee Municipal Code
Title 7, Subdivisions
Article 2
Maps Required
B. Provided no changes are being requested by the subdivider, the Director may approve one or more extensions not to exceed a total of six years, and may impose additional conditions of approval on a future related action to maintain the public health, safety, and welfare and/or to comply with current City standards and ordinances, and State or federal requirements to the extent allowed by law.
C. If, as part of the request for extension of the term of a tentative map, the subdivider requests changes or amendments to the tentative map or the conditions of approval for that map, the project shall be reviewed in accordance with Section 7.20.140 (Modifications of Tentative Maps) and the City may require amendments to the tentative map or the conditions of approval.
D. If a subdivider is required to expend the amount specified in Government Code Section 66452.6 to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonably related to the development of that property, each filing of a final map authorized by Government Code Section 66456.1 shall extend the expiration of the approved or conditionally tentative map by 36 months from the date of its expiration or the date of a previously filed final map, whichever is later. The extensions shall not extend the term of the tentative map more than 10 years from its date of original approval.
7.20.140 Modifications of Tentative Maps
A. Approved tentative maps and/or their conditions of approval may be amended upon application by the subdivider or, with consent of the subdivider, by action initiated by the Community Development Director, City Engineer or the Public Works Director, pursuant to this section. The applicant shall file a letter with the Community Development Director requesting that a determination be made regarding the project. The City shall respond within 30 days with its decision. Additional exhibits may be required at the discretion of the City.
B. Minor Modifications. Minor modifications to an approved or conditionally approved map shall be processed as follows:
1. Applicability. A minor modification includes changes that are consistent with the intent of the original map approval, do not affect off-site properties, and result in no violations of this Title or the Development Code. The following modifications are considered minor:
a. Modifications to less than 10 percent of the total number of lots in the subdivision, provided that the basic design concept is retained and there is no increase in the total number of lots within the subdivision.
b. Modifications to the horizontal alignment of 10 feet or less, or vertical alignment of 5 feet or less, of any cul-de-sac or local or collector roadway when such modification does not affect off-site property, and design integrity of the roadways. c. Modifications to a condition of approval that is no longer appropriate or necessary. d. Any other changes which in the opinion of the Director do not involve substantial changes to the map or the conditions of approval and which do not affect off-site properties.
2. Review. Minor modifications are processed administratively without notice or public hearing.
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Agreement with Tri-Pointe Homes IE-SD, Inc. for Assignment of Quimby Credit Item Page Number: 49
Menifee Mayor and City Council
October 4, 2023
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Title 7, Subdivisions
Article 2
Maps Required
C. Major Modifications. Major modifications to an approved or conditionally approved map shall be processed as follows:
1. Applicability. A major modification includes changes that exceed the thresholds listed in Subsection 7.20.140.B.
2. Review.
a. The Community Development Director shall make a written recommendation to the original reviewing and/or approving authority for the approved or conditionally approved map. A public hearing notice shall be provided unless the original map approval did not previously require such a hearing.
b. The reviewing or approving authority may take action on the matter when it first appears on the agenda, or it may continue the matter with or without the consent of the subdivider.
D. The approval or conditional approval of any modified tentative map shall not be construed as extending the time within which the final map shall be filed unless such time extension is specifically granted by the approving authority upon application by the subdivider pursuant to Section 7.20.130 (Extensions of Time for Tentative Maps)
E. Any other amendment not meeting the criteria as listed in Subsection 7.20.140.B or Subsection
7.20.140.C of an approved or conditionally approved map shall be processed as a revised map, following procedures set forth in this chapter for tentative map approval.
7.20.150 Effect of Annexation on Maps
When any area for which a subdivision or proposed subdivision subject to a tentative map or final map has been filed but a tentative map or final map has not been approved, or for which a parcel map is required by this Title but the final act required to make the parcel map effective has not been taken, is annexed to the city, the subdivider shall process all necessary applications and revise any portion of the map that is not in conformance with the City standards that were in effect as of the effective date of the annexation. The subdivider shall submit the required applications and/or make the necessary revisions within 36 months of the effective date of the annexation, prior to expiration of the tentative map, or prior to complete and timely filing of a final map, whichever occurs first. The City may require the subdivider to attend a pre-application meeting with the Community Development Director to determine the extent of any required modifications. Any tentative map that is not brought into conformance with the City's policies, rules, and regulations that were in effect as of the effective date of the annexation in accordance with the time frame specified above will be considered expired, and no final map shall be processed by the City.
FINAL Nov 6, 2019 and Nov 20, 2019 Page 7-17 Chapter7 .20 Tentative Maps
Item Title: 10.7
Agreement with Tri-Pointe Homes IE-SD, Inc. for Assignment of Quimby Credit Item Page Number: 50
Menifee Mayor and City Council
October 4, 2023
Page
307 of 547
City of Menifee Municipal Code
Title 7, Subdivisions
Article 2
Maps Required
CHAPTER 7 .25 VESTING TENTATIVE MAPS
SECTIONS
7.25.010
7.25.020
7.25.030
7.25.040
7.25.050
7.25.060
7.25.070
7.25.080
7.25.090
7.25.010
Purpose ............................................ ............................................................................................ 7-18 Applicability .................................................................................................................................. 7-18 Filing and Processing of Vesting Tentative Maps .......................................................................... 7-18 Application Materials ................................................................................................................... 7-18 Development Rights ..................................................................................................................... 7-19 Mandatory Findings for Approval ..................................................................................................... 7-19 Expiration of a Vesting Tentative Map .............. ............. ............................................................... 7-20 Extensions of Time for Vesting Tentative Maps ............................................................................ 7-20 Modifications to Vesting Tentative Maps ..................................................................................... 7-20 Purpose
The purpose of this chapter is to establish procedures for the review, approval, and administration of vesting tentative maps. The provisions of this chapter comply with the requirements of Government Code Section 66410 et seq.
7 .25.020 Applicability
Whenever this Title requires the filing of a tentative map, a vesting tentative map may instead be filed in accordance with the provisions of this chapter. As used in this chapter, "vesting tentative maps" shall include vesting tentative maps for all subdivisions, without regard to the number or type of lots being created.
7 .25.030 Filing and Processing of Vesting Tentative Maps A vesting tentative map shall be filed in the same form, shall have the same content and accompanying data and reports, and shall be processed in the same manner described for tentative maps in Chapter 7.20 (Tentative Maps), except as modified by this chapter. The designated approval authorities for vesting tentative maps and vesting tentative parcel maps shall be as specified in Section 7.05.020 (Responsibilities and Authorities).
7 .25.040 Application Materials
At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map." The application shall be submitted in accordance with Section 7.20.020 (Tentative Map Form and Content), accompanied by the following additional materials:
A. Details on the height, size, and location of proposed buildings.
B. Architectural elevations, schematic plans, and materials board for proposed building.
C. Other application requirements as are deemed necessary by the City.
FINAL Nov 6, 2019 and Nov 20, 2019 Page 7-18 Chapter7.25 Vesting Tentative Maps
Item Title: 10.7
Agreement with Tri-Pointe Homes IE-SD, Inc. for Assignment of Quimby Credit Item Page Number: 51
Menifee Mayor and City Council
October 4, 2023
Page
308 of 547
City of Menifee Municipal Code
Title 7, Subdivisions
7.25.050 Development Rights
Article 2
Maps Required
A. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Government Code Section 66474.2. However, if Government Code Section 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall confer a ·vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.
8. The above notwithstanding, a permit, approval, extension, or entitlement may be made conditional or may be denied if either of the following are determined:
1. Failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both .
2. The condition(s) or denial is required in order to comply with state or federal law.
C. The provisions of this section shall not:
1. Limit the City from imposing reasonable conditions on subsequently required approvals or permits necessary for the development and authorized by the ordinances, policies, and standards described in subsection A of this section.
2. Diminish or alter the City's power to impose conditions on a development to protect against a condition dangerous to the public health or safety.
D. If a final map or a parcel map is approved prior to the expiration of the vesting tentative map and is subsequently recorded, the tentative map vesting rights for the final map area or parcel map area shall last for the periods listed below:
1. An initial time period of 2 years following recordation of the final map or parcel map. Where several final maps or parcel maps are recorded on phases of a project covered by a single vesting tentative map, the 2-year time period for each final map or parcel map shall begin on the date of recordation of that map.
2. The initial time period set forth in the above paragraph shall be automatically extended by any time used by the City for processing a complete application for a Grading Permit or for design or architectural review, if such processing exceeds 30 days; provided, however, that such extension shall only be for the number of days in excess of 30 days, and provided further that such extensions shall not be cumulative .
3. If, during the 2-year period following recording of a final map or parcel map, the City receives a complete application for a Building Permit and the subdivider has satisfied all requirements for the issuance of a Building Permit, the right to proceed with development in accordance with the vesting tentative map shall continue until the expiration of the B~ilding Permit.
7.25.060 Mandatory Findings for Approval
The City shall approve a vesting tentative map only if the approving authority makes findings in accordance with Section 7.20.090 (Findings of Approval for Tentative Maps).
FINAL Nov 6, 2019 and Nov 20, 2019 Page 7-19 Chapter7.25 Vesting Tentative Maps
Item Title: 10.7
Agreement with Tri-Pointe Homes IE-SD, Inc. for Assignment of Quimby Credit Item Page Number: 52
Menifee Mayor and City Council
October 4, 2023
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City of Menifee Municipal Code
Title 7, Subdivisions
7.25.070 Expiration of a Vesting Tentative Map
Article 2
Maps Required
An approved or conditionally-approved vesting tentative map shall expire 36 months after its approval.
The expiration of an approved or conditionally approved vesting tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included on the vesting tentative map shall be filed without first processing a new map. 7 .25.080 Extensions of Time for Vesting Tentative Maps Notwithstanding Section 7.25.070 (Expiration of a Vesting Tentative Map), the initial 36-month term of approved or conditionally-approved vesting tentative maps may be extended in the manner as tentative maps as outlined in Section 7.20.130 (Extensions of Time for Tentative Maps), except that the approval authority may deny an extension if it makes any of the following findings:
A. The extension will place the residents of the subdivision and/or the immediate community in a condition dangerous to their health and/or safety.;
B. The map fails to comply with State or federal law; or C. Any of the findings required by Section 7.20.090 (Findings of Approval for Tentative Maps) cannot be made.
7 .25.090 Modifications to Vesting Tentative Maps
At any time prior to the expiration of a vesting tentative map, the subdivider, his or her successor, or his or her assignee, may apply for a modification to such map. The approval authority shall hold a public hearing on any application involving a modification to the vesting tentative map or to the development related thereto, following procedures set forth for the modification of tentative maps in Section 7.20.140 (Modifications of Tentative Maps). Approval of a modification to a vesting tentative map or to the development related thereto shall not alter the expiration date of the vesting tentative map.
FINAL Nov 6, 2019 and Nov 20, 2019 Page 7-20 Chapter7.25 Vesting Tentative Maps
Item Title: 10.7
Agreement with Tri-Pointe Homes IE-SD, Inc. for Assignment of Quimby Credit Item Page Number: 53
Menifee Mayor and City Council
October 4, 2023
Page
310 of 547
City of Menifee Municipa l Code Article 2
Title 7, Subdivisions Maps Required
CHAPTER 7.30 FINANCE MAPS
SECTIONS
7.30.010
7.30.020
7.30.030
7.30.040
7.30.010
Purpose ........................................................................................................................................ 7-21 Applicability .................................................................................................................................. 7-21 Finance Map Procedure ........... .................................................................................................... 7-21 Minimum Requirements ............................................................ ................................................... 7-22 Purpose
The purpose of this chapter is to establish procedures for the division of land solely for the purposes of financing without authorizing new development of the land or any portion thereof.
7.30.020 Applicability
A map prepared pursuant to this Chapter shall be referred to as a "Finance Map," may be submitted under any of the following circumstances:
A. The land to be subdivided is, at the time of submittal, developed in accordance with an approved and valid land use entitlement or permit; or
8. The land to be subdivided is not developed and will be used for non-residential purposes; or C. The land to be subdivided is not developed, is located within a previously approved specific plan or tentative map and will be used for residential purposes. Development of the land shall be consistent with the previously approved specific plan or tentative map or with a future subdivision map, as well as with any other land use entitlement or permit that may be required for the development.
Land subdivided pursuant to subsections (A) or (8) of this section shall be subject to a future subdivision map or land use entitlement or permit prior to any development. A finance map shall not be considered to be a vesting map.
7.30.030 Finance Map Procedure
A. Review, processing, and approval of finance maps shall be processed in accordance with the provisions of Chapter 7.20 (Tentative Maps), including the requirement for submittal of a tentative map and a final or parcel map, as applicable. The Director may waive certain submittal requirements and standards not applicable to the review, processing, and approval of finance maps.
8. Each sheet of the finance map shall clearly state the follow ing: "For finance purposes only. A future subdivision map or land use entitlement or permit shall be required prior to development of this property. This map does not remove any conditions of approval for separate land use entitlements or permits or tentative maps approved for this land."
C. The language contained in subsection (8) ofthis section shall also be recorded via separate instrument in a manner approved by the City Attorney.
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D. Any development of the land shall require the approval of a subdivision map or a land use entitlement or permit or any combination thereof in accordance with applicable City ordinances and/or the Map Act.
7.30.040 Minimum Requirements
A. All lots meet the minimum lot size requirements provided in the applicable zone to ensure compliance with all applicable development standards.
B. All lots have acceptable legal access either by lot configuration or by a separate recorded document.
A conceptual engineering design shall be submitted to provide assurance that access can be designed and constructed.
C. There are no physical constraints which may affect the feasibility of future development on the land.
D. Conditions of approval related to public safety and zoning compliance may be imposed.
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Title 7, Subdivisions Maps Required
CHAPTER 7.35 COMMON INTEREST SUBDIVISION
CONVERSIONS
SECTIONS
7.35.010 Applicability ................. ....................... ................................. ............ ......................................... .... 7-23
7.35.020 Development Review Required .................. ............. .............................. ........... .......................... .. 7-23
7.35.030 Application Requirements ............................................................................................................ 7-23
7.35.040 Physical Standards for Condominium Conversions ....................................................................... 7-25
7.35.050 Tenant Provisions ......................................................................................................................... 7-28
7.35.060 Notice to New Tenants ................. ................................. ............................................................... 7-29
7.35.070 Findings ........................................................................................................................................ 7-29 7 .35.010 Applicabilitv
This chapter shall apply to all conversions of existing residential real property to condominiums, community apartments, or stock cooperative projects or any other form of ownership except conversion projects for which a final map or parcel map has been approved by the City Council prior to the effective date of the ordinance codified in this chapter, or where the conversion involved a limited equity housing cooperative as defined in Section 33007.5 of the Health and Safety Code. All provisions, conditions, and further definitions of condominium development as approved included in the California Civil Code, Government Code, Revenue and Taxation Code, and Business and Professions Code shall apply to the divisions of real property as permitted herein.
7.35.020 Development Review Required
In addition to the limitations and restrictions contained in this chapter, the Map Act, and the applicable building and fire regulations, no residential apartment unit shall be converted for sale, transfer, or conveyance as a community apartment project, stock cooperative project, or condominium without concurrently obtaining approval of a Conditional Use Permit. 7 .35.030 Application Requirements
In addition to such other application requirements as are deemed necessary by the City, an application for conversion of a residential unit shall not be accepted or considered complete unless the application includes all of the following information in a form acceptable to the Community Development Director, except where such requirement is waived or modified by the Director:
A. Physical Elements Report. A report prepared by a registered engineer or architect or licensed qualified contractor describing the physical elements of all structures and facilities, sound transmission levels between units, mechanical equipment, parking facilities, and appliances.
Regarding each such element, the report shall state, to the best knowledge or estimate of the applicant, when such element was built, the condition of each element, the cost of replacing the element, and any variation or noncompliance of the element from the Development Code in effect at the time the application is filed with the City and from the Building Code in effect on the date that the FINAL Nov 6, 2019 and Nov 20, 2019 Page 7-23 Chapter7.35 Common Interest Subdivision Conversions
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last Building Permit was issued for the subject structure. The report shall identify any defective or unsafe elements and set forth the proposed corrective measures to be employed.
B. A report from a licensed structural pest control operator, approved by the City, on each structure and each unit within the structure.
C. A report on soil and geological conditions regarding soil deposits, rock formations, faults, groundwater, and landslides in the vicinity of the project and a statement regarding any known evidence of soil problems relating to the structures . Reference shall be made to any previous soils reports for the site and a copy submitted with the report.
D. A statement of repairs and improvements to be made by the subdivider necessary to refurbish and restore the project to achieve a level of appearance and safety consistent with applicable codes and ordinances, as specified in subdivision A of this section.
E. A declaration of covenants, conditions, and restrictions (CC&Rs) in draft or outline form which would be applied to any and all owners of condominium units within the project. The declaration shall include, but not be limited to, the conveyance of units; the assignment of parking; an agreement for common area maintenance, including facilities and landscaping, together with an estimate of any initial assessment fees anticipated for such maintenance; a description of a provision for maintenance of all utility lines and services for each unit; and a plan for equitable sharing of communal water metering.
F. Specific information concerning the demographic characteristics of the project, including but not limited to the following:
1. Square footage and number of rooms in each unit.
2. Rental rate history for each unit for previous 5 years.
3. Monthly vacancy rate for each month during preceding 2 years.
4. Makeup of existing tenants' households, including size, length of residence, age of tenants, and whether receiving federal or state rent subsidies.
5. Proposed sale price of each unit .
6. Proposed homeowners association fee.
7. Financing available.
8. Names and addresses of all tenants.
When the subdivider can demonstrate that such information is not available, this requirement may be modified by the Community Development Director.
G. Signed copies from each tenant of notice of intent to convert, as specified in Section 7.45.060 (Notice to New Tenants). The subdivider shall submit evidence that a letter of notification was sent to each tenant for whom a signed copy of the notice is not submitted. This requirement shall be deemed satisfied if such notices comply with legal requirements for service by mail.
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H. Any other information which, in the opinion of the Community Development Director, will assist in determining whether the proposed project will be consistent with the purposes of this chapter.
I. Submittal of Budget. The subdivider shall provide the City with a copy of the proposed budget for maintenance and operation of common facilities, including needed reserves, with the tentative map application. The budget shall show estimated monthly costs to the owner of each unit, projected over a 5-year period, or such time as is required by the California Department of Real Estate. Such budget shall be prepared or reviewed and approved by a professional management firm experienced with management of condominium complexes. The management firm shall submit a statement of professional qualifications.
J. Copy to Buyers. The developer shall provide each purchaser with a copy of all submittals (in their final acceptable form) required by subsections A through I of this section prior to such purchaser executing any purchase agreement or other contract to purchase a unit within the project, and the developer shall give the purchaser sufficient time to review the information . Copies of the submittals shall be made available at all times at the sales office, and a notice indicating that such reports are available shall be posted at various locations, as approved by the City, at the project site. Copies shall be provided to the homeowners association upon its formation.
K. Final Information Submitted. Prior to entering into escrow on the first unit, the subdivider shall submit the following information to the Community Development Department:
1. Name, address, and phone number of homeowners association.
2. Actual sales price of units.
3. Actual homeowners association fee.
4. Number of prior tenants who intend to purchase units.
5. Number of units purchased with intent to be used as rentals.
The final form of the physical elements report and other documents shall be as approved by the City. The reports in their acceptable form shall remain on file with the Community Development Department for review by any interested persons until the conclusion of the conversion process.
The report shall be referenced in the subdivision report to the Planning Commission.
7.35.040 Physical Standards for Condominium Conversions A. Adequate Physical Condition. To achieve the purpose of this chapter, the Planning Commission shall require that all condominium conversions conform to the Menifee Development Code in effect at the time of tentative map approval, except as otherwise provided in this chapter. In making the determination that the project is in conformance with the Development Code and other applicable provisions of the Municipal Code, the following will be required :
1. Prior to scheduling the tentative map for a public hearing, an inspection shall be conducted by the Code Enforcement Division and/or Community Development Department staff to determine project-wide conformance with Title 9 and other applicable provisions of the Municipal Code. A FINAL Nov 6, 2019 and Nov 20, 2019 Page 7-25 Chapter7 .35 Common Interest Subdivision Conversions
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report of any violations shall be included in the staff report to the Planning Commission. The subdivider shall be responsible for the payment of any fees related to the inspection of the project.
2. Prior to the approval of the final map or parcel map, a physical inspection of the project site, including each individual unit, shall be made by the City Building & Safety Department and Community Development Department. Such inspection shall be made to ensure compliance with all applicable conditions of approval as specified in the tentative map and Conditional Use Permit approval. All such corrections shall be made prior to the approval of the final or parcel map. The subdivider shall be responsible for the payment of any fees related to the inspection of the project.
B. Specific Physical Standards. The Planning Commission shall require conformance with the standards of this subsection in approving the map.
C. Building Regulations. The project shall conform to the applicable standards of the Uniform Building Code, Uniform Plumbing Code, and Uniform Electrical Code in effect on the date that the last Building Permit was issued for the subject structure or structures except as herein provided.
D. Health and Safety. Each bathroom in each living unit shall be provided with ground fault circuit i nte rru pte rs.
E. Fire Prevention.
1. Smoke Detectors. Each living unit shall be provided with approved detectors of products of combustion other than heat, conforming to the latest code standards as adopted by the City.
2. Maintenance of Fire Protection Systems. All fire hydrants, fire alarm systems, portable fire extinguishers, and other fire protective appliances shall be properly installed and maintained in an operable condition at all times.
F. Parking. Each unit shall be provided parking in accordance with Chapter 9.215 (Parking and Loading Standards).
G. Sound Transmission.
1. Shock Mounting of Mechanical Equipment. All permanent mechanical equipment such as motors, compressors, pumps, and compactors which is determined by the City to be a source of structural vibration or structure-borne noise shall be shock mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the Chief Building Official.
2. Noise Standards. The structure shall conform to all interior and exterior sound transmission standards of the Uniform Building Code. In such cases where present standards cannot reasonably be met, the Planning Commission may require the applicant to notify potential buyers of the noise deficiency currently existing within these units.
H. Utility Metering. Each dwelling unit shall be separately metered for water, gas, and electricity, and each unit shall have a separate lateral connection to a trunk sanitary sewer. Alternatively, the FINAL Nov 6, 2019 and Nov 20, 2019 Page 7-26 Chapter7.35 Common Interest Subdivision Conversions
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subdivider shall develop a plan for equitable sharing of these utilities prior to final map or parcel map approval, which shall be included in the covenants, conditions, and restrictions.
I. Private Storage Space. Each unit shall have at least 150 cubic feet of enclosed weatherproof and lockable private storage space in addition to guest, linen, pantry, and clothes closets customarily provided. Such space may be provided in any location approved by the Planning Commission but shall not be divided into two or more locations.
J. Laundry Facilities. A laundry area shall be provided in each unit; or if common laundry areas are provided, such facilities shall consist of not less than one automatic washer and one dryer of equivalent capacity for every five units with two or more bedrooms, and for every seven units with one bedroom.
K. Landscape Maintenance. All landscaping shall be restored as necessary and maintained in accordance with approved landscape plans. If a significant amount of new landscaping is required, the subdivider shall prepare revised/new landscape plans for review and approval by the Community Development Department as part of the Conditional Use Permit application. Such plans shall be subject to all applicable City ordinances including but not limited to Chapter 9.195 (Landscaping Standards) of the Development Code.
L. Condition of Equipment and Appliance. The developer shall provide a warranty to the buyer of each unit at the close of escrow that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks, and air conditioners that are provided have a useful life of at least 1 year . At such time as the developer relinquishes control over management of the development, pursuant to the covenants, conditions, and restrictions, the developer shall provide a warranty to the association that any pool and pool equipment (filter, pumps, chlorinator) and any appliances and mechanical equipment to be owned in common by the association have a useful life of 1 year. Prior to final map or parcel map approval, the developer shall provide the City with a copy of warranty insurance covering equipment and appliances pursuant to this subsection.
M. Refurbishing and Restoration. All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas, and additional elements as required by the Community Development Department shall be refurbished and restored as necessary to achieve a degree of appearance, quality, and safety consistent with applicable City standards. The developer shall provide to the homeowners association and/or purchaser a 1-year warranty on all physical improvements required under this subsection. If substantial restoration is required, the design plans shall be subject to Planning Commission approval.
N. Long-Term Reserves. Prior to approval of the final map or parcel map, the developer shall provide satisfactory evidence to the City that a long-term reserve fund for replacement and repair has been established in the name of the homeowners association. Such fund shall equal at least two times the estimated monthly homeowners' assessment for each dwelling unit, or an amount otherwise required by law.
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7.35.050 Tenant Provisions
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A. Notice of Intent. As provided in Government Code Section 66427.l(a)(2)(A), a notice of intent to convert shall be delivered by the subdivider to each tenant at least 60 days prior to submitting an application for the tentative map and Conditional Use Permit. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail. The form of the notice shall be in the form outlined in Government Code Section 66452.9 and approved by the Community Development Department and shall inform the tenants of all rights provided under this chapter and state law.
B. Notice of Public Report. As provided in Government Code Section 66427.l(a)(2)(B), each tenant shall receive 10 days' written notice that an application for a public report will be or has been submitted to the California Department of Real Estate and that such report will be available on request from the Community Development Department. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.
C. Notice of Subdivider's Report. As provided in Government Code Section 66427.l(a)(2)(C), each tenant shall receive written notification that the subdivider has received the public report from the California Department of Real Estate. This notice shall be provided within five days after the date that the subdivider receives the public report from the Department of Real Estate.
D. Notice of Final Map Approval. As provided in Government Code Section 66427.l(a)(2)(D) , each tenant shall receive written notification within 10 days of approval of a final map for the proposed conversion. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.
E. Notice of Intention to Convert. As provided in Government Code Section 66427.l(a)(2)(E), each tenant shall receive 180 days written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion, but not before the local authority has approved a tentative map for the conversion.
F. Tenant's Right to Purchase. As provided in Government Code Section 66427.l(a)(2)(F), any present tenant shall be given notice of an exclusive right to contract for the purchase of his or her respective unit and upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period not less than 90 days from the date of the issuance of the subdivision public report unless the tenant gives prior written notice of his or her intention not to exercise the right. Evidence of receipt by each tenant shall be submitted prior to approval of the final map. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.
G. The developer shall provide suitable alternate housing to tenant households, at no additional cost to the tenant, whose unit undergoes substantial remodeling or rehabilitation during conversion, if the unit being remodeled or rehabilitated is not habitable . The final determination of habitability and suitability shall be made by the City Building & Safety Department .
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7.35.060 Notice to New Tenants
Article 2
Maps Required
After submitting the tentative map and development plan applications to the City, the developer shall notify any prospective tenants in writing of the intent to convert prior to leasing or renting any unit. The form of the notice shall be as follows:
To the prospective occupant(s) of _____________ Address The owner(s) of this building/project, at (address), has/have filed an application for a tentative map and Conditional Use Permit with the City of Menifee to convert this building to a (condominium, community apartment, or stock cooperative project). No units may be sold in this building unless and until the City approves the conversion and subsequently a public report is issued by the California Department of Real Estate. If you become a tenant of this building, you shall be given notice of each hearing for which a notice is required pursuant to California Government Code Sections 66451.3 and 66452.5, and you have the right to appear and the right to be heard at such hearing.
(Signature of owner's agent)
(Dated)
I have received notice on _____ (date)
Prospective tenant or tenants signature(s)
7 .35.070 Findings
Prior to approval of the tentative map and conditional use permit, the Planning Commission shall hold a public hearing. Notice of the hearing shall be given in accordance with Government Code Section 65090 and Menifee Development Code Section 9.35.080 {Public Hearing and Notice). A copy of any staff report shall be served by the developer on each tenant of the subject property at least 3 days prior to the hearing, either by personal service or by posting the report on the front door of the unit and mailing it to the tenant . The Planning Commission shall not approve a tentative map for conversion of apartment units unless the Planning Commission finds that:
A. All provisions of this chapter are met .
B. The proposed conversion is consistent with the goals, objectives, policies, general land uses, and programs specified in the Menifee General Plan, including the Housing Element, and with any applicable specific plan.
C. The proposed conversion will conform to the Menifee Municipal Code in effect at the time of tentative map and development plan approval, except as otherwise provided in this chapter.
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D. The overall design, physical condition, and amenities of the condominium conversion are consistent with those associated with condominium developments throughout the city and such elements achieve a high degree of appearance, quality, and safety.
E. The proposed project will not convert, during the current calendar year, more than 5 percent of the potentially convertible rental units in Menifee for the current calendar year, except as otherwise provided in this chapter.
F. There is no evidence in the public hearing record to indicate that vacancies in the project were intentionally increased for the purposes of preparing the project for conversion.
G. There is no evidence in the public hearing record to indicate that tenants have been coerced to publicly support or approve the conversion, or to refrain from publicly opposing it, or to forgo any assistance to which they may be entitled.
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Title 7, Subdivisions Maps Required
CHAPTER 7.40 FINAL MAPS AND PARCEL MAPS
SECTIONS
7.40.010
7.40.020
7.40.030
7.40.040
7.40.050
7.40.060
7.40.070
7.40.080
7.40.090
7.40.100
7.40.110
7.40.010
General .............................................. ......................................... .............................. .................... 7-31 Accompanying Data and Additional lnformation ...................................... .................................... 7-31 Survey and Monuments Required ................................................. ............................ ................... 7-31 Submission and Review ................................................................................................................ 7-31 Complete and Timely Filing .......................................................................................................... 7-32 Final Map Approval ............................................................................................................................ 7-33 Limitation on Map Denial ............................................................................................................. 7-34 Filing with the Office of the County Recorder .............................................................................. 7-34 Waiver of Parcel Map ................................................................................................................... 7-34 Certificate of Correction .................... ................................................................................... ........ 7-35 Effect of Annexation on Maps ...................................................................................................... 7-36 General
The form, contents, accompanying data, and filing of the final map or parcel map shall conform to the provisions of the Map Act, this Title, and applicable standards imposed by the County of Riverside for maps filed with the Office of the County Recorder. The final map or parcel map and any accompanying data or additional information shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor authorized to practice in the state of California. The provisions of this chapter comply with the requirements of Government Code Section 66410 et seq.
7.40.020 Accompanying Data and Additional Information
The filing of accompanying data and additional information shall be required with the filing of the final tract map or final parcel map, in accordance with Chapter 7.40.050 (Complete and Timely Filing).
7.40.030 Survey and Monuments Required
A. An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor authorized to practice land surveying by the State of California, pursuant to the requirements of the City Engineer. All information required by City standards shall be incorporated into the survey.
8. At the time of making the survey for the final map or parcel map, or within 2 years from the complete and timely filing of the final map or parcel map, whichever occurs first, the civil engineer or surveyor shall set sufficient durable monuments to conform with the standards of the Map Act and City standards.
C. The City Engineer may waive the requirements in subsections A and B of this section for parcel maps at his or her discretion.
7.40.040 Submission and Review
Final map and parcel map submittal and review procedures shall be pursuant to this chapter and applicable City standards. The City Engineer shall review all final map and parcel map submittals for FINAL Nov 6, 2019 and Nov 20, 2019 Page 7-31 Chapter7.40 Final Maps and Parcel Maps
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conformance with the provisions of this Title and may deem them incomplete and return all or portions of a submission for reasons including but not limited to the following: incomplete submission or filing; untimely submission or filing; nonconformance with the tentative map; nonconformance with the conditions of approval applied to the tentative map; nonconformance with this Title; nonconformance with City standards; or errors or omissions on the final map or parcel map, on any accompanying data, or on any additional information.
7 .40.050 Complete and Timely Filing
A. Prior to the expiration of an approved or conditionally-approved tentative map, the subdivider may file with the City a final map of the land to be subdivided . The subdivider may file multiple or phased final maps with the City provided that either of the following has occurred:
1. The subdivider, upon submittal of the tentative map, informed the City of his or her intent to file multiple or phased final maps; or
2. After filing of the tentative map, the City Engineer concurs in writing to a written request from the subdivider to allow the filing of multiple or phased final maps.
Nothing in this section shall limit the authority of the City to impose reasonable conditions related to access, dedications, improvements, or fees on each final map so submitted.
B. If the subdivider did not inform the City of his or her intent to file multiple or phased final maps upon submittal of the tentative map and the City Engineer does not concur in writing to a written request from the subdivider to allow the filing of multiple or phased final ~aps, an approved or conditionally approved tentative map must be resubmitted for review and approval in accordance with the provisions of Chapter 7.20 (Tentative Maps).
C. The City Engineer shall determine that a complete and timely final map filing has been made if he or she determines that, at a minimum, the following items have been received, prior to the expiration of the tentative map:
1. Improvement plans.
2. Complete and accepted public improvements or acceptable subdivision improvement agreement(s) and securities.
3. Proof of payment of all applicable fees.
4. Will-serve letters from all applicable utilities and agencies.
5. Noninterference letters from all applicable easement or title interest holders.
6. Original and copies of all sheets of the final map in their required form and content.
7. Proof of ownership of all affected properties. Title reports not older than 30 days from the scheduled filing for recordation of the final map shall be provided to confirm ownership, easements and other information that may affect the recordation of the final map.
8. Subdivision guarantee from a title company, less than 60 days old.
9. Letter from all affected property owners requesting approval of the final map.
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10. Small-scale map of the proposed subdivision.
11. Written clearance from all affected City departments.
12. Written clearance from all affected public agencies.
Article 2
Maps Required
13. All applicable agreements or documents to be approved by the City Council or filed or recorded concurrently with the map, including CC&Rs.
14. Proof that all additional requirements of Chapter 7.20 (Tentative Maps) and Chapter 7.25 (Vesting Tentative Maps) have been satisfied.
15. The City's parkland dedication requirements of Chapter 7.75 (Parkland Dedication and Fees) have been satisfied.
16. Other items as may be required by the City upon filing.
D. Upon finding all statements and submissions complete and satisfactory in accordance with this section, the City Engineer shall sign the appropriate statements, in accordance with Government Code Section 66442(a)(l) through (4), after which the subdivider shall request the final map be placed on the next available regular agenda for City Council action. The original map, and any other items requiring City Council approval, shall be transmitted to the City Clerk, with a recommendation of map approval.
7.40.060 Final Map Approval
A. The date the final map or parcel map is deemed filed with the City Council shall be the date of the next regularly scheduled meeting of the City Council following the date on which the City Clerk receives the recommendation for map approval from the City Engineer. The City Council shall consider approval of the subdivision improvement agreement and improvement security and any other required agreements in conjunction with the approval of the map. If any of the items requiring City Council approval are deemed unacceptable by the Council, the City Council shall instruct the City Engineer to secure corrections, according to their direction.
B. The City Council shall approve or disapprove the subdivision improvement agreement, improvement security, and final map or parcel map at the meeting at which it receives the map or at the next regular meeting following the meeting at which it received the map. If the City Council does not approve or disapprove the map within this time period, or any authorized extension thereof, and the map conforms to all requirements and rulings, it shall be deemed approved. The City Clerk shall certify or state its approval thereon.
C. The City Council shall not postpone or refuse approval of a final map or parcel map because the subdivider has failed to meet a tentative map condition requiring construction or installation of off site improvements on land which neither the subdivider nor the City has sufficient title or interest to permit the improvements to be made. However, in such case, prior to final map or parcel map approval, the subdivider shall be required to enter into an agreement with the City to complete such improvements pursuant to Government Code Section 66462 upon acquisition of such title and interest by the City. Upon entering into such agreement, the City shall acquire the subject property interest in accordance with the provisions of Government Code Section 66462.5. Failure of the FINAL Nov 6, 2019 and Nov 20, 2019 Page 7-33 Chapter7.40 Final Maps and Parcel Maps
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subdivider to execute such an agreement shall be cause by the City Council to refuse approval of the final map or parcel map.
7.40.070 Limitation on Map Denial
The City Council shall not deny approval of a final map or parcel map if the City has previously approved a tentative map for the proposed subdivision and if the City Council finds that the final map or parcel map is in compliance with the requirements of the Map Act, this Title, and the approved tentative map.
7.40.080 Filing with the Office of the County Recorder
A. Upon City Council approval of the final map or parcel map and subdivision improvement agreement, the City Clerk shall execute the appropriate statement on the statement sheet and shall, subject to the provisions of Government Code Section 66464, transmit the map, or cause the City Engineer to transmit the map, to the County of Riverside Recorder's Office for filing. The final map or parcel map and any separate documents (if required) shall be filed concurrently.
B. If, for any cause of the subdivider, the final map or parcel map is not recorded by the Riverside County Recorder's Office within 180 days from the date the City Council approved the final or parcel map, then the City Council's approval of the final map or parcel map shall be automatically rescinded, and all bonds or sureties will be returned to the subdivider. If the tentative map has expired, the unit of land previously affected by the final map or parcel map will automatically revert to its pre-map configuration. If the tentative map has not yet expired, the tentative map will be considered in effect, except that such action shall not alter the expiration date of the tentative map.
7.40.090 Waiver of Parcel Map
A. Applicability. The Community Development Director is authorized to waive parcel maps without City Council approval for:
1. Subdivisions resulting in four or fewer residential lots;
2. Commercial or industrial subdivisions as described in Government Code Section 66426 that comply with the requirements of this section.
B. Written Request for Waiver. A written request for such a waiver should be submitted to the Community Development Director at the time of tentative map application.
C. Findings for Approval. No waiver to the requirement for processing a parcel map shall be approved unless the Community Development Director finds that all of the following findings are made:
1. No dedications, easements, restrictions, or fee title is being granted to the City or any other public agency as a function of the parcel map;
2. No public improvements are required as part of the subdivision;
3. No agreements involving the City, CC&Rs, or maintenance entities are required as part of the conditions of approval of the parcel map;
4. All parcels created front on existing maintained public roads improved in accordance with current City standards;
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5. All parcels created are serviced by sanitary sewer facilities in accordance with current City standards;
6. Adequate water supply is available to all parcels;
7. The proposed land division will not have an adverse impact on existing drainage facilities;
8. No mitigation measures are required as part of the conditions of approval of the parcel map;
9. It has been determined to the satisfaction of the City Engineer that sufficient monumentation of the parcels exists so as not to justify an additional land survey.
D. Conditions of Approval. A parcel map waiver may be conditioned to provide for payment of applicable fees by the subdivider.
E. Timeframe for Action. The parcel map waiver request shall be approved, conditionally approved, or denied within the time frames established by Government Code Section 66451.7.
F. Filing with the Recorder and Distribution of Copies. Upon approval of a parcel map waiver pursuant to this section, the Community Development Director shall:
1. File with the Office of the County Recorder a certificate of compliance, or conditional certificate of compliance, for the land to be divided and a plat map, showing the division. The certificate shall include a certificate by the County Tax Collector in accordance with Article 8 of Chapter 4 of the Subdivision Map Act.
2. Distribute copies of the certificate of compliance and waiver of the parcel map to the Building & Safety Department.
G. Appeals. Actions by the Community Development Director approving or denying parcel map waivers may be appealed to the Planning Commission under the provisions of Section 9.30.100 (Appeals).
7.40.100 Certificate of Correction
A. After a final map or parcel map is filed in the Office of the County Recorder, it may be amended by a certificate of correction for any of the following purposes:
1. To correct an error in any course or distance shown on the map.
2. To show any course or distance that was omitted from the map.
3. To correct an error in the description of the real property shown on the map.
4. To indicate monuments set after the death, disability, retirement from practice, or replacement of the engineer or surveyor charged with responsibilities for setting monuments .
5. To show the proper location or character of any monument that has been changed in location or character, or originally was shown at the wrong location or incorrectly as to its character.
6. To correct any other type of map error or omission as approved by the City Engineer that does not affect any property right. Errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent record maps. Error does not FINAL Nov 6, 2019 and Nov 20, 2019 Page 7-35 Chapter7 .40 Final Maps and Parcel Maps
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include changes in courses or distances from which an error is not ascertainable from the data shown on the final map or parcel map.
B. Form and Content of Correction. The certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor. The form and contents of the amending map shall conform to the requirements of Chapters 7.20 (Tentative Maps) and 7.40 (Final Maps and Parcel Maps). The certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction.
C. Submittal and Approval. The certificate of correction, complete as to final form, shall be submitted to the City Engineer for review and approval. The City Engineer shall examine the certificate of correction and if the only changes made are those set forth in Subsection 7.40.100.B, this fact shall be certified by the City Engineer on the certificate of correction.
D. Filing with the County Recorder. The certificate of correction certified by the City Engineer shall be filed or recorded in the Office of the County Recorder.
7.40.110 Effect of Annexation on Maps
When any area for which the Riverside County Board of Supervisors has approved a final map is annexed to the City of Menifee, the final map and agreements relating to the subdivision shall continue to govern the subdivision.
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ARTICLE 3:
CERTIFICATES,
ADJUSTMENTS,AND
MERGERS
Adopted
Date
Effective
Date
CHAPTER 7 .45 CERTIFICATES OF COMPLIANCE •......•...••.•.•...•......• 7-38 CHAPTER 7.50 LOT LINE ADJUSTMENTS .....................•.•....••.....•.. 7-40 CHAPTER 7 .55 LOT MERGER .....•............•..•...•...•.•.......•............... 7-42 CHAPTER 7 .60 REVERSION TO ACREAGE ................•....•.•.•..•........ 7-46 FINAL Nov 6, 2019 and Nov 20, 2019 Page 7-37
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Certifi cates, Adjustments, and Mergers
CHAPTER 7 .45 CERTIFICATES OF COMPLIANCE
SECTIONS
7.45.010
7.45.020
7. 45.030
7.45.040
7.45.050
7.45.060
7.45.010
Purpose ................................................................................................................................................................ 7-38 Applicability ......................................................................................................................................................... 7-38 Application and Required Fees .......................... ............................................................................ 7-38 ApprovingAuthority ........... ................................. ................ ..................... ............................ ........ 7-38 Criteria for Issuance ........... ...................... ........ .......... .................. ............................................. .... 7-38 Filing of Certificate of Compliance ....... ..... .................. ............................ ................................... .... 7-39 Purpose
Certificates of compliance provide a means for conferring legal status to parcels of land that were not created by legal means or for confirming the legal status of parcels of land that were created by legal means. The provisions of this chapter comply with the requirements of Government Code Section 66499.35.
7 .45.020 Applicability
This chapter applies to parcels of land for which there is no final map, parcel map, official map, or approved certificate of exception that would otherwise establish legal status for the parcels. 7 .45.030 Application and Required Fees
Requests for certificates of compliance shall be submitted to the Engineering Department on an approved City application form and shall be accompanied by all the required application materials and applicable fees.
7 .45.040 Approving Authority
The designated approval authority as specified in Section 7.05.020 (Responsibilities and Authorities) shall review the application and shall issue a certificate of compliance or a conditional certificate of compliance or deny issuance of a certificate of compliance or a conditional certificate of compliance. 7 .45.050 Criteria for Issuance
In making a determination of issuance, the approval authority shall use the following criteria:
A. A certificate of compliance shall be issued for any parcel created prior to March 4, 1972, that meets the following criteria:
1. The parcel resulted from a division of the land in which fewer than five parcels were created; and
2. No record of survey has been processed and recorded for the parcel; and
3. At the time of creation of parcels, there was no local ordinance regulating the division of land.
B. A certificate of compliance shall be issued for any real property that has been approved for development pursuant to Government Code Section 66499.34.
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C. A certificate of compliance or a conditional certificate of compliance shall be issued for any parcel which does not, or at the time of creation did not, comply with the provision of state or local ordinances regulating the division of land. A conditional certificate of compliance may include the following conditions:
1. If the subdivider was not the owner of record at the time of the initial land division, the conditional certificate of compliance may impose conditions which would have been applicable to a division of land on the date the subdivider acquired the property.
2. If the subdivider was the owner of record at the time of the initial land division and currently owns one or more of the parcels involved in the land division, the conditional certificate of compliance may impose conditions which would be applicable to a current division of land.
D. A certificate of compliance may be issued for divisions of real property or interests therein created by probate, partition, or other civil judgments or decrees, when the division is not otherwise required to comply with other provisions of this Title.
7.45.060 Filing of Certificate of Compliance
The City shall file the completed certificate of compliance or conditional certificate of compliance with the Riverside County Recorder's Office.
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City of Menifee Municipal Code Article 3
Title 7, Subdivisions Certificates, Adjustments, and Mergers CHAPTER 7.50 LOT LINE ADJUSTMENTS
SECTIONS
7.50.010
7.50.020
7.50.030
7.50.040
7.50.050
7.50.060
7.50.070
7.50.010
Purpose ............................ ......................................... ................................................................... 7-40 Applicability .................................................................................................................................. 7-40 Application and Required Fees ........................... ......................................................................... . 7-40 Approving Authority .................................................................................................... ............. .... 7-40 Processing Procedures .................................................................................................................. 7-40 Findings for Approval ......................................................................................................................... 7-41 Prohibited Conditions .............................................................. ..................................................... 7-41 Purpose
This chapter establishes procedures for adjusting the boundary lines between parcels when no new parcels are created. The provisions of this chapter comply with the requirements of Government Code Section 66412(d).
7 .50.020 Applicability
Lot line adjustments may be used to reconfigure the sizes and/or shapes of between two and four adjoining lots, inclusive.
7 .50.030 Application and Required Fees
Requests for lot line adjustments shall be submitted to the Engineering Department on an approved City application form and shall be accompanied by all the required application materials and applicable fees. 7 .50.040 Approving Authority
The designated approval authority as specified in Section 7.05.020 (Responsibilities and Authorities) is authorized to approve or deny applications for a Lot Line Adjustment. 7 .50.050 Processing Procedures
A. Once a verified complete application, and fees have been accepted for processing, the City Engineer shall distribute the lot line adjustment application for review and comment to the Public Works Engineering Department, Community Development Department, and other appropriate departments or agencies.
B. Within 30 days of acceptance of a complete application and payment of applicable fees, the City Engineer shall either approve, approve with conditions, or deny the lot line adjustment.
C. If the lot line adjustment will result in the location, relocation, establishment, reestablishment, or retracement of one or more points or lines not shown on any subdivision map, official map, or record of survey, the positions of which are not ascertainable from an inspection of the subdivision map, official map, or record of survey, a new record of survey shall be required, in accordance with Business and Professions Code Section 8762. The processing of the record of survey shall be subject to applicable separate fees and can be processed concurrently with the lot line adjustment application.
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D. The applicant shall provide the City with new grant deeds reflecting the approved lot line adjustment.
The City shall review and approve the new grant deeds and, shall record the deeds immediately upon approval of the lot line adjustment but no later than six months from the date of approval. The City shall provide copies to the applicant.
7.50.060 Findings for Approval
Prior to approving an application for a Lot Line Adjustment, the approving authority shall make all the following findings:
A. All original lots involved were legally created or are conforming lots.
B. The adjustment does not create a greater number of parcels than originally existed.
C. The resulting lot(s) conform with the City's General Plan, Development Code, and adopted building codes.
D. The adjustment does not cause existing uses of the property to be out of compliance with any provisions of the Municipal Code.
7.50.070 Prohibited Conditions
A. A record of survey shall not be required for a lot line adjustment unless required by Section 8762 of the California Business and Professions Code.
B. No tentative map, parcel map, or final tract map shall be required as a condition to the approval of a lot line adjustment.
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Title 7, Subdivisions Certificates, Adjustments, and Mergers CHAPTER 7 .55 LOT MERGER
SECTIONS
7.55.010 Purpose .......................................................................... ............................................................ .. 7-42
7.55.020 Applicability ......................... .............. ......................... .................................................................. 7-42
7.55.030 Approving Authority .......................... ............................. .......................... .............. ...................... 7-42
7.55.040 Processing Procedures ......................................... ....................... .............................................. .... 7-42
7.55.050 Merger Requirements ........................... ....................................... .............. .................................. 7-42
7.55.060 City-Initiated Merger ......................... ........................................... .............. .................................. 7-43
7.55.070 Effective Date of Merger ....................... ................................... ............ .................................... .... 7-45
7.55.080 Unmerged Parcels ............................................. ............................. .............................................. 7-45 7 .55.010 Purpose
The purpose of this chapter is to provide procedures by which the City may require or provide for the merger of contiguous parcels under common ownership. The provisions of this chapter comply with Government Code Section 66451.11 and with the provisions of Government Code Sections 66451.10 through 66451.21 inclusive, which provides the City with authority for the merger of contiguous parcels. 7 .55.020 Applicability
The City Engineer may initiate the merger of up to four contiguous parcels meeting the requirements of Section 7.55.050 (Merger Requirements). The City Engineer, Community Development Director, Planning Commission, or City Council may require the owner of any contiguous parcel to merge any or all contiguous parcels in conjunction with the approval of any entitlement required by Title 9 (Development Code) of the Menifee Municipal Code.
7 .55.030 Approving Authority
The designated approval authority as specified in Section 7.05.020 (Responsibility and Authorities) is authorized to approve or deny applications for a Lot Merger. 7 .55.040 Processing Procedures
Once a verified complete application, and fees have been accepted for processing, the City Engineer shall distribute the lot merger application for review and comment to the Public Works Engineering Department, Community Development Department, and other appropriate departments or agencies.
7.55.050 Merger Requirements
The merger of a parcel with a contiguous parcel(s) may only occur if all the following requirements are satisfied:
A. Any contiguous parcels are held by the same owner or owners.
B. That at least one of the affected parcels is undeveloped and does not contain a structure for which a Building Permit was issued or contains a structure for which a Building Permit was not required at the FINAL Nov 6, 2019 and Nov 20, 2019 Page 7-42 Chapter7.55 Lot Merger
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time of construction or is developed only with an accessory structure or other structure which is sited or partially sited on a contiguous parcel.
C. That one or more of the following conditions applies to any affected parcel:
1. At least one of the parcels involved comprises less than 5,000 square feet in area at the time of the determination of merger.
2. The parcel was not legally created in compliance with all applicable laws and ordinances in effect at the time of its establishment.
3. The parcel does not meet slope stability standards.
4. The parcel does not meet current standards for sewage disposal and domestic water supply.
5. The parcel has no legal access which is adequate for motor vehicles or safety equipment.
6. The development of the parcel would create health and safety hazards.
7. The parcel is inconsistent with the City's General Plan, any approved specific plan, or the provisions of the City's Development Code.
8. A lot line passes through a structure within a development project that has been approved pursuant to the Development Code.
D. That the parcels when merged will not:
1. Be inconsistent with or create a conflict with the City Development Code or General Plan or any approved specific plan;
2. Create a conflict with the location of any existing structures;
3. Deprive a parcel of access or restrict access to a parcel; or
4. Create new lot lines.
7.55.060 City-Initiated Merger
A. Prior to merging any contiguous parcels, the City Engineer shall, by certified mail to the record property owner(s) at the address shown on the latest available assessment roll of the County of Riverside, mail a notice of intent to merge which notifies the owner(s) that the affected parcels may be merged pursuant to the provisions of this section. The notice shall include the statement that the owner(s) will be given the opportunity to request a hearing and to present evidence that the proposed contiguous parcel merger does not meet the criteria for a merger. For the purpose of this Title, a property owner is any person holding any portion of the title for any involved property.
B. The notice of intent to merge shall be recorded with the Riverside County Recorder on the date that the notice is given to all property owner(s) of record.
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C. Within 30 days of the recordation of the notice of intent to merge, the owner(s) of the affected property must file a request for a hearing regarding the proposed merger with the planning department.
1. If the owner of the affected property does not file a request for a hearing within the 30-day time period specified above, the City Engineer shall, within 90 days of the recordation of the notice of intent to merge, determine whether or not to merge the contiguous parcels. To merge contiguous parcels, the City Engineer shall make the following findings:
a. The merged parcel complies with the appropriate provisions of the Map Act and all applicable City requirements for the merging of contiguous parcels. b. The merged parcel does not adversely affect the purpose and intent of the City's General Plan or the public health, safety, and welfare.
2. If the owner of the affected property requests a hearing on the merger, the Planning Commission shall, after a hearing, make the determination whether the affected parcels are or are not to be merged.
D. The City Clerk shall set a time, date, and location for the hearing upon receiving a request for a hearing from the property owner of the affected property or on the 31st day following the recordation of the notice of intent to merge. The hearing shall be conducted within 60 days following the receipt of the owner's request but may be continued by the mutual consent of the Planning Commission and the property owner. Notice of the hearing shall be given to the property owner(s) by certified mail.
E. At the hearing, the property owner shall be given the opportunity to present evidence that the affected property does not meet the merger requirements set forth in Section 7.55.050 (Merger Requirements). At the conclusion of the hearing, the Planning Commission shall make a determination as to whether the affected parcels are to be merged. To merge contiguous parcels, the Planning Commission shall make the following findings:
1. The merged parcel complies with the appropriate provisions of the Map Act and all applicable City requirements for the merging of contiguous parcels.
2. The merged parcel does not adversely affect the purpose and intent of the City's General Plan or the public health, safety, and welfare.
F. If the Planning Commission determines that the subject parcels are to be merged, the Commission shall cause the notice of merger to be recorded set forth in Government Code Section 66451.12. If notification cannot be made at the time of the hearing to the parcel owner in person, notification shall be made by certified mail. The Commission shall notify the owner of its determination no later than 5 working days after the conclusion of the hearing.
G. An appeal of the Planning Commission's determination to merge continuous parcels to the City Council shall be made in accordance with the appeal provisions contained in Section 9.30.100 (Appeals) of the Development Code
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H. If the Planning Commission determines that the parcels should not be merged, the Commission shall instruct the City Engineer to record a notice of release of the notification of intent to merge and mail a copy of the release to the property owner.
7 .55.070 Effective Date of Merger
The merger of any contiguous parcels shall become effective upon recordation of the notice of merger with the Riverside County Recorder. The notice of merger shall specify the date of the City Engineer's determination, or that of the Planning Commission or the City Council as may be the case, the names of the record owners, and a legal description of the properties as merged.
7.55.080 Unmerged Parcels
A property owner may apply to the City for a determination that any parcels or units of land for which a notice of merger had not been recorded on or before January 1, 1984 are deemed not to have been merged under Government Code Section 66451.30. If the City Engineer determines that the parcels meet the standards specified in Section 66451.30, the City shall issue to the owner, and record with the County Recorder, a notice of the status of the parcels and a declaration that the parcels are not merged.
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City of Menifee Municipal Code Article 3
Title 7, Subdivisions Certificates, Adjustments, and Mergers CHAPTER 7 .60 REVERSION TO ACREAGE
SECTIONS
7.60.010
7.60.020
7.60.030
7.60.040
7.60.050
7.60.060
7.60.010
Purpose ....................... ................ ........................ ............... ......................................................... . 7-46 Initiation of Proceedings .................................................................... .......................................... 7-46 Filing of Reversion to Acreage ...................................................................................................... 7-46 Submittal of Petition to City Engineer ................................................ .......................................... 7-47 City Council Approval ......................................................................................................................... 7-47 Filing with the County Recorder ............... ................................. ................................................... 7-47 Purpose
Property subdivided by parcel map or final map may be reverted to acreage pursuant to the provisions of Government Code Section 66499.11 et seq. and this chapter.
7.60.020 Initiation of Proceedings
A. By the Owners. Proceedings to revert subdivided property to acreage may be initiated by petition (in a form prescribed by the City Engineer) of all the owners of record of the property.
B. By the City Council. The City Council may, by resolution, initiate proceedings to revert property to acreage. The City Council shall direct the City Engineer to obtain the necessary information to initiate and conduct the proceedings and to notify all property owners affected.
7.60.030 Filing of Reversion to Acreage
A. Requests for petition shall be filed with the Engineering Department on an approved City application form and pay the necessary processing fee.
B. The application shall contain, but not be limited to, the following:
1. Evidence of title to the real property.
2. Evidence of the consent of all of the owners of an interest in the property.
3. Evidence that none of the improvements required to be made has been made within 2 years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later.
4. Evidence that no lots shown on the final or parcel map have been sold within 5 years from the date such final or parcel map was filed for record.
5. A final map or parcel map, in the form prescribed by Chapter 7.40 (Finals Maps and Parcel Maps) delineating dedications that will not be vacated, and dedications required as a condition to reversion. Final maps or parcel maps shall be conspicuously designated with the title, "The Purpose of This Map is a Reversion to Acreage."
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7 .60.040 Submittal of Petition to City Engineer
The final map or parcel map for the reversion, together with all other data as required by this chapter, shall be submitted to the City Engineer for review. Upon finding that the petition meets all the requirements of the Map Act and this chapter, the City Engineer shall submit the final map or parcel map, together with a report and recommendations of approval or conditional approval of the reversion to acreage, to the City Council for its consideration.
7 .60.050 City Council Approval
A. The City Council shall hold a public hearing for all proposed reversions to acreage. Notice of the public hearing shall be given as provided in Section 9.30.080 (Public Hearing and Notice) of the Development Code.
B. The City Council may approve a reversion to acreage only if it finds and records by resolution all of the following:
1. Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes.
2. Either:
a. All owners of an interest in the real property within the subdivision have consented to reversion; or
b. None of the improvements required to be made has been made within 2 years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or
c. No lots shown on the final or parcel map or portion thereof have been sold within 5 years of the date such map was filed for record.
C. The City Council may require as conditions of the reversion:
1. That owners dedicate or offer to dedicate streets, public rights-of-way, or easements, including easements or fee interest for flood control facilities;
2. That all or a portion of previously paid subdivision fees, deposits, or improvement securities be retained if the same are necessary to accomplish any of the purposes for provisions of this article; or
3. Such other conditions of reversion as are necessary to accomplish the purposes or provisions of this chapter or to protect the public health, safety, or welfare.
7.60.060 Filing with the County Recorder
Upon approval of the reversion to acreage, the City Clerk shall transmit the final map or parcel map to the Riverside County Recorder for recordation. Reversion shall be effective upon the final map or parcel map being filed for record by the County Recorder. Upon filing, all dedications and offers of dedication not shown on the final map or parcel map for reversion shall be of no further force or effect.
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ARTICLE 4:
DESIGN, DEDICATION, AND
IMPROVEMENTS
Adopted
Date
Effective
Date
CHAPTER 7 .65 DESIGN STANDARDS ............................................ 7-49 CHAPTER 7. 70 DEDICATIONS AND FEES ....................................... 7-55 CHAPTER7.75 PARKLAND DEDICATION AND FEES ....................... 7-56 CHAPTER 7 .80 IMPROVEMENTS .................................................. 7-61 FINAL Nov 6, 2019 and Nov 20, 2019 Page 7-48
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City of Menifee Municipal Code Article 4
Title 7, Subdivisions Design, Dedication, and Improvements CHAPTER 7.65 DESIGN STANDARDS
SECTIONS
7.65.010
7.65.020
7.65.030
7.65.040
7.65.050
7.65.060
7.65.070
7.65.010
Purpose ................................................................................................................................................................ 7-49 Applicability ......................................................................................................................................................... 7-49 Street and Lot Layout Requirements ......... .................. .................. ................................................ 7-49 Lots ....................................................................................................................................................................... 7-52 Access to Lots ........ ....................... ......... .............. ............... ........................ ........................ .......... 7-53 EnergyConservation ........................................................................................................................... 7-54 Environmental Constraints Sheet Required .............. ........................ ..................... .......... .... _. ......... 7-54 Purpose
The purpose of this chapter is to establish design standards for subdivisions in accordance with the allowances of the Subdivision Map Act.
7.65.020 Applicability
The provisions of this chapter shall apply to all subdivisions of land, unless specifically stated otherwise in the Subdivision Map Act.
7.65.030 Street and Lot Layout Requirements
A. The widths, alignments, and geometric designs of streets and highways shall conform to City standards and to the following requirements, unless otherwise specified in State or federal standards and requirements:
1. All streets, as far as practicable, shall relate to the alignment of the existing adjacent streets or their proper projection in the general conformity with the City's General Plan.
2. The proposed street plan shall give consideration to the future division of adjoining and undivided property.
3. All streets shall be designed to serve the proposed use of the abutting land.
4. On part-width boundary streets abutting undivided land, the subdivider shall provide the prescribed half-width street and shall acquire additional dedications as necessary. The minimum overall required right-of-way shall be determined by the City Engineer based on the applicable road classification, traffic study, safety study, or other information that is available in making this determination.
5. Additional right-of-way or easements shall be provided where necessary to accommodate roadway slopes, drainage facilities, trails, transit facilities, and other facilities related to land division improvements.
B. Street improvements fronting a proposed development shall extend a minimum of 12 feet past the centerline unless determined otherwise by the City Engineer.
C. Special Street Design.
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Design Standards
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Title 7, Subdivisions
Article 4
Design, Dedication, and Improvements
1. Design of streets shall make provisions as necessary for railroads, parkways, grade separations, prevailing geological conditions, local drainage facilities, hillside property, water quality, pedestrian mobility, and equestrian trails.
2. Cul-de-sacs.
a. The maximum cul-de-sac length in residential, commercial, or industrial subdivisions shall be 600 feet unless a longer cul-de-sac is approved by the Fire Department . b. Cul-de-sacs and knuckles shall be constructed in accordance with city standard plans and specifications. All lots fronting on a cul-de-sac, a knuckle, or a curved street shall be designed to meet City standards.
c. A cul-de-sac that does not meet the requirements of this section shall not be constructed, unless a waiver has been granted by the City Engineer and the Fire Department.
3. Other than as provided in this section, no dead-end streets shall be allowed. A dead-end street shall not exceed 600 feet in length and shall only be permitted as an interim condition to facilitate phased construction of a final map based on an approved or conditionally approved tentative map. The Fire Department shall review and comment on all requests for dead-end streets.
4. The approving authority may require greater street widths and improvements on streets serving multifamily residential, commercial, or industrial divisions of land.
5. Where a proposed subdivision abuts or contains an existing or proposed urban arterial or expressway, the approving authority may require frontage streets or reverse frontage with non access easements along the urban arterial or expressway, or such other treatment as may be justified for the protection of residential properties from the nuisance and hazard of high-volume traffic and to preserve the function of the urban arterial or expressway.
6. Developments adjacent to existing frontage streets, as determined by the City, shall provide full street improvements unless determined otherwise by the City Engineer.
D. Private streets may be used for only those streets serving property within the subdivision and which access by the public is controlled by the subdivision design by either posting or gating. Private streets may be used with the approval and consent of the Planning Commission when the Commission finds that:
1. There is adequate provision for their construction and continued maintenance.
2. The welfare of the occupants of the development will be adequately served.
3. The public welfare will not be impaired.
E. The grades of highways, streets, and alleys shall not be less than one percent and shall not exceed the grades established on approved City standard . The desirable grades are between one percent and 6 percent . Grades of less than one percent and greater than the maximum established by approved City standard may be approved only when conclusive evidence shows that a lesser or steeper grade respectively is impractical, and that no adverse effects such as excessive ponding will occur as a result The high cost of excavating and/or importing borrow fill material, making the development of a FINAL Nov 6, 2019 and Nov 20, 2019 Chapter7.65
Design Standards
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Title 7, Subdivisions
Article 4
Design, Dedication, and Improvements
particular parcel of ground uneconomical, shall not be considered as conclusive evidence nor valid justification for a departure from the established minimum or maximum grade.
F. Street Alignment.
1. Curves in streets shall have as large a centerline radius as determined by the City Engineer, with a minimum length of curve of 150 feet. The desirable minimum centerline radius for residential streets is 500 feet. The minimum centerline radius for residential streets on comparatively level terrain shall be 300 feet and on steep hillside terrain shall be 150 feet.
2. The minimum centerline radius for other types of streets classifications shall be compatible with the street classification, anticipated usage, speed, and shall be designed in accordance with the California Department of Transportation Highway Design Manual.
G. Intersections .
1. All street intersections shall be within 5 degrees of the perpendicular as measured at the intersection of the centerlines, unless otherwise approved by the City Engineer.
2. Street-to-street centerline offsets shall be less than 5 feet or more than 200 feet, except in special design cases and as approved by the City Engineer.
3. A minimum curb return radius of 25 feet shall be provided at intersecting streets designated as General Local roads or a lesser standard unless determined otherwise by the City Engineer. A minimum curb return radius of 35 feet shall be provided when one or both of the intersecting streets is designated as a Collector road or greater unless determined otherwise by the City Engineer. I The property line return radius shall be so set as to maintain a uniform parkway width or provide a uniform transition into the intersecting parkway. The property line radius shall be designed so as not to reduce the parkway width below the City standard.
4. Median openings or crossovers between opposing lanes of a divided highway or street shall be located only at approved intersections at intervals of not less than 500 feet unless determined otherwise by the City Engineer.
H. Alleys.
1. Alleys shall be required in the rear of all lots used or intended to be used for business, commercial, or industrial uses, unless adequate off-street parking areas and service loading and unloading FINAL Nov 6, 2019 and Nov 20, 2019 Page 7-51 Chapter7.65 Design Standards
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Article 4
Design, Dedication, and Improvements
areas to serve such properties are securely reserved for such use and are shown upon the map and approved by the City in the manner set forth in this Title.
2. Alleys shall be required in the rear of all lots fronting directly on a street designated as a secondary roadway or greater unless determined through site plan review procedure that the requirement for alleys does not exist.
3. The minimum paved width for alleys shall be 25 feet, unless determined otherwise by the City Engineer.
4. A minimum curb return radius of 15 feet shall be provided at the alley and intersecting street .
5. Where a dead-end alley is designed, an adequate turning area shall be provided to accommodate a truck having a 35-foot turning radius. The radius shall be such that the truck is able to turn around with only one backing movement. This turnaround shall be eliminated only under the circumstances of a previously adopted specific plan of record providing for the alley extension. All turning areas shall be reviewed and approved by the Fire Department.
7.65.040 Lots
A. All lots created in a division of land shall conform to the minimum requirements of the Development Code and the General Plan as adopted by the City for the particular zone district, use, and classification in which the development is being constructed.
B. Lot Sizes.
1. All lots shall meet the area, frontage, width, depth, and building setback requirements of the zone district within which the lots are located, unless otherwise permitted through the provisions of Title 9; provided, however, that in its consideration of any land division, the approving authority may determine that a greater than minimum lot size is necessary:
a. For the proper protection of the public health, safety, and general welfare; b. To be consistent with the general pattern established in the vicinity; c. To maintain the value of property in the vicinity; or d. To provide sufficient pad area for buildings and usable open space.
2. When lots or parcels twice the required area or width or more are shown on a division of land, the approving authority may require such lots or parcels to be so established as to make practical a further division into allowable building sites, without injury to adjoining property.
3. Lot sizes and arrangement shall be compatible with lots in the surrounding area, subject to the preceding two provisions.
C. Side Lot Lines.
1. Sidelines of lots shall be at approximately right angles to the street lines, except where terrain or street design makes such lot lines impractical.
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Title 7, Subdivisions
Article 4
Design, Dedication, and Improvements
2. Side and rear lot lines shall be located along the top of slopes instead of at the toe of slopes or at intermediate locations. Exceptions may be reviewed and approved by the City Engineer or the applicable approval authority, when not the City Engineer or Community Development Director.
D. Lot Frontage.
1. All lots shall have frontage upon a public or private street, which shall be open to and usable by vehicular traffic. The width of such streets shall be determined in accordance with this Title.
2. Double frontage lots shall be avoided, except where essential to provide separation of residential development from traffic arteries, or where required by unusual or excessive topographic conditions. When double frontage lots are permitted, access rights shall be dedicated to the City along the street designated by the approving authority .
E. Wherever practicable, subdivisions of property abutting rights-of-way for freeways, expressways, railroads, transmission lines, and flood control channels shall be so designed as to create lots that back up to the rights-of-way or are separated from the rights-of-way by a street or frontage street, as applicable.
F. No lot shall be divided by a city, county, school district, or other taxing agency boundary line.
G. Blocks.
1. Blocks shall not be less than 250 feet in length.
2. Blocks shall not be over 1,350 feet in length, except along major highways or where topographical conditions or previous highway or street layouts require a different length.
7.65.050 Access to Lots
A. Any land division shall provide vehicular access to all homes within a land division for purposes of police and fire protection. The layout of the tract shall be such that blocks of thirty-five or more homes shall have access by two or more streets.
B. Access for lots not fronting on a public street (flag lots). When a land division is proposed to create any lot(s) other than one(s) fronting directly on a public street or highway, access shall be provided of a width not less than as specified below as being the minimum width necessary to serve the maximum number of lots.
1. Minimum Access Width per Potential Number of Lots. Minimum access widths shall be provided in accordance with Table 7.65.050-1.
Table 7.65.050-1: Minimum Access Widths
Maximum Number of Potential Lots Minimum Access Width (feet} Maximum Ultimate Access Length (feet} One 24 150
Two to four 40 150
2. Access Surfacing. Prior to final inspection for occupancy of any building or structure relocated, erected, or constructed on any lot not fronting directly on a public street or highway, the full FINAL Nov 6, 2019 and Nov 20, 2019 Page 7-53 Chapter7.65 Design Standards
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Design, Dedication, and Improvements
length of any required access shall be improved with concrete or asphaltic concrete surfacing, in accordance with City engineering standards and requirements, at a width of not less than 24 feet. 7 .65.060 Energy Conservation
The design of a subdivision shall be in conformance with Government Code Section 66473.1, with respect to passive or natural heating or cooling opportunities in the subdivision, and with the requirements of California Code of Regulations of Title 24.
7 .65.070 Environmental Constraints Sheet Required
When an environmental constraint sheet is required, a note shall be placed below the surveyor's notes on the tract map in 0.25-inch-high bold block letters, stating:
"ENVIRONMENTAL CONSTRAINT NOTE: Environmental constraint sheet affecting this map is on file in the Office of the Riverside County Surveyor in E.C.S. Book ___ _, affects Lot Nos. ___ or Parcel No._
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Chapter7.65
Design Standards
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City of Menifee Municipal Code Article 4
Title 7, Subdivisions Design, Dedication, and Improvements CHAPTER 7.70 DEDICATIONS AND FEES
SECTIONS
7.70.010
7.70.020
Dedications Generally ......................... ................................ ....... ................................................. .. 7-55 Fees Generally ..................................................................................................................... ......... 7-55
7.70.010 Dedications Generally
A. Right-of-way dedications, irrevocable offers of dedication, and grants of easements required upon a final or parcel map shall either be accepted, consented for recordation, accepted subject to improvement, or rejected at the time the final or parcel map is approved. Acceptance of the dedication or easement shall serve to transfer the appropriate interest to the City, subject to the terms of the offer and the acceptance certificate. Rejection of the dedication or easement shall reserve the City's ability to accept all or part of the dedication or easement in accordance with state law. The City Engineer shall determine whether the dedication ~ irrevocable offer of dedication, or easement shall be accepted, accepted subject to improvement, or rejected pursuant to City standards.
No utility easement or other rights-of-way shall be granted within proposed street dedications subsequent to the date of filing of a preliminary tentative map. Necessary right-of-way outside of the subdivision boundary shall be processed by separate instruments.
B. Fee title shall be granted by the subdivider when in the opinion of the City Council in consultation with the City Engineer, it is necessary to carry out policies and requirements of the General Plan and any City ordinance, resolution , or standard.
C. The types of dedications, easements, or grants of fee title that a subdivision may be subject to may include, but not be limited to, streets, alleys, access rights, drainage, public utility, landscape, slope, sewer, and parkland dedication or in lieu fees. Dedication of land or payment of fees in lieu of dedication of parkland shall be pursuant to the provisions contained in Chapter 7 .75 (Parkland Dedication and Fees).
D. Whenever a subdivider is required to dedicate roadways to the public, he or she may also be required to dedicate such additional land as may be necessary and feasible to provide bicycle paths for the use and safety of the residents of the subdivision, if the subdivision, as shown on the final map or parcel map thereof, contains 200 or more parcels.
E. The subdivider shall offer a dedication or an irrevocable offer of dedication of land within the subdivision for local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items which directly benefit the residents of a subdivision if (a) the subdivision as shown on the tentative map has the potential for 200 dwelling units or more if developed to the maximum density shown on the adopted general plan or contains 100 acres or more, and (b) the approving authority finds that transit services are or will within a reasonable time period be made available to such subdivision.
7.70.020 Fees Generally
Development impact fees shall be paid as described in Section 7.80.010.B.
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City of Menifee Municipal Code Article 4
Title 7, Subdivisions Design, Dedication, and Improvements CHAPTER 7.75 PARKLAND DEDICATION AND FEES
SECTIONS
7.75.010
7.75.020
7.75.030
7.75.040
7.75.050
7.75.060
7.75.070
7.75.080
7.75.090
7.75.010
Purpose ............................................................ ................ ............................................................ 7-56 Applicability .................................................................. ............................................. ................... 7-56 General Standard .................... ..................................... ............................................. ................... 7-56 General Dedication Requirements ................................................ ............................................... 7-56 Determination of Land or Fee ................... .......................................................................... ......... 7-57 Formula for Dedication of Land ................. ...................... ....................... ...................................... 7-58 Criteria for Requiring Payment of In-Lieu Fees .......................................................... ................... 7-59 Credit for Private Parks and Recreation Areas .............. ................................................................ 7-59 Exemptions ......................................... ....................... ................................................ ................... 7-60 Purpose
This chapter establishes criteria for the dedication of land or payment of in-lieu fees for the development of new, or rehabilitation or enhancement of existing community parks or recreational facilities in accordance with Government Code Section 66477 and other applicable law.
7. 75.020 Applicability
As a condition of approval of a final map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the City, for neighborhood and community park or recreational purposes in accordance with the standards herein, the General Plan, the Trails, Parks, Open Space & Recreation Master Plan, and the formulas contained in this section.
7.75.030 General Standard
The City Council finds that the amount of existing neighborhood and community park areas exceeds 3 acres per 1,000 persons residing in the city, and that the public interest, convenience, health, welfare, and safety require that 5 acres of property for each 1,000 persons residing in Menifee be devoted to neighborhood and community park recreational purposes.
7. 75.040 General Dedication Requirements
A. Whenever a tentative map that is subject to the provisions of this section is submitted to the City, the developer shall consult with the Director of Community Services to determine whether parkland, in lieu fees, or a combination of both shall be dedicated for parks and recreational purposes.
B. The conditions of approval of a tentative map subject to the provisions of this section shall require the dedication of land, the payment of in-lieu fees, or a combination of both for parks and recreational purposes at the discretion of the City pursuant to Section 7.75.020 (Applicability). If the land is to be dedicated, conceptual plans for the park improvements shall be reviewed by the Director of Community Services, and the proposed dedication shall be identified on the tentative map as a separate numbered lot.
C. The amount and location of the property to be dedicated and/or the amount of any fees to be paid shall be determined by the Director of Community Services pursuant to the provisions of this chapter.
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D. Whenever subsequent development occurs on property for which fees have already been paid or land dedicated, no additional fees or dedications shall be required except as to any additional lots or dwelling units that were not subject to a prior fee or dedication requirement.
E. If parkland is to be dedicated, park improvement plans shall be reviewed and approved by the Director of Community Services and the City Engineer prior to final map approval. An agreement and securities shall be posted prior to approval of the final map to guarantee construction of the park to City standards.
F. Upon completion of the park improvements to City standards and acceptance by the City Council, land to be dedicated shall be conveyed in fee to the City by grant deed and accepted by resolution, if not already indicated for dedication on the final map. Such parkland shall be free and clear of all encumbrances except those that the City accepts in writing. An environmental site assessment report shall be required for all park areas to determine that the land is free from toxic or hazardous materials.
The subdivider shall provide all fees and instruments necessary to convey the land and shall include a preliminary title report and title insurance in favor of the City in an amount approved by the City.
G. Unless otherwise specified through conditions or approval or other agreement, whenever fees are to be paid pursuant to this chapter, the fees shall be paid prior to recordation of the final map, or in the instance of maps consisting of four or fewer parcels, prior to issuance of Building Permits, as determined by the City. If the payment of fees is deferred to Building Permit, the City shall determine whether the fees shall be paid on a pro rata basis for each dwelling unit prior to the issuance of a building permit, or on a pro rata basis for certain percentages of the dwelling units prior to the issuance of Building Permits.
H. Whenever land has been conveyed or fees paid to the City and a final map is never recorded or, if recorded, is reverted to acreage, the City shall, at its option, either reconvey all land dedicated to it, repay all fees paid pursuant to this chapter without interest , allow the developer a credit for any land dedicated or fees paid to be applied only to a new subdivision on the same property, or make other arrangements with the subdivider.
7.75.050 Determination of Land or Fee
In considering whether the City accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, the analysis shall consider the following :
A. The minimum park size acceptable for dedication to the City as a provision of this section shall be 3 usable acres, unless approved by the Director of Community Services.
Usable acreage for parklands is defined as follows: Proposed parkland must have a maximum slope of 3 percent over 90 percent of the total area of the park. The remaining 10 percent may contain slopes greater than 3 percent if approved by the Director of Community Services. The proposed park must have a length to width ratio no greater than 2:1. A minimum of two sides of the park must abut public streets. Sewer, water, electricity, and storm drain connections must be available at the park. The Director of Community Services must approve any deviation from these standards.
B. The natural features, access, and location of the proposed park site within the subdivision available for dedication that are compatible with the location of existing proposed park sites and trail ways and FINAL Nov 6, 2019 and Nov 20, 2019 Page 7-57 Chapter7.75 Parkland Dedication and Fees
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the compatibility of dedication with the City's General Plan and the Trails, Parks, Open Space & Recreation Master Plan.
C. For subdivisions containing 50 parcels or fewer, the City may allow the subdivider to only pay fees; provided, however, that when a condominium project, stock cooperative, or community apartment project exceeds 50 dwelling units, the dedication of land may be required even though the number of parcels may be fewer than 50. Nothing herein shall prevent the City from accepting the voluntary dedication of land by a subdivider for a subdivision containing fewer than 50 parcels if the dedication meets the other requirements of this section.
D. Whenever the actual amount of land to be dedicated is less than the amount of land required to be dedicated, the subdivider shall pay fees for the value of any additional land that otherwise would have been required to be dedicated.
E. Nothing in this section shall be interpreted to prohibit, or limit in any manner, the City from determining the location and configuration of land to be dedicated. The determination of the City Council as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.
7. 75.060 Formula for Dedication of Land
Where a park or recreation facility has been designated and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography that bears a reasonable relationship to serve the present and future needs of the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following formula:
Average number of persons per unit x 0.005 acre= acreage of parkland required per unit Example for a single-family detached dwelling unit (DU): 3.12 x 0.005 = 0.0156 acres/DU Parkland Dedication Formula*
Type of Dwelling J Average Population per Unit
Sine:le-familv residential (detached e:arae:el 3.12
Single-family residential (attached garage) 2.85
Multifamily attached (two to four units) 2.48
Multifamily attached (five or more units) 2.43
Mobilehomes 2.00
*Established pursuant to Government Code Section 66477(a) The subdivider, in addition to the dedicated land required by this section, may be conditioned to provide park improvements, as determined by the City. In return for park improvements, the developer shall receive fee credits against the overall park land dedication requirements of this section and/or the parks and recreation component of the City's development impact fees equal to the cost of such improvements.
The land to be dedicated and the improvements to be made pursuant to this section shall be subject to the approval of the Director of Community Services and shall conform to the City's guidelines for park dedications.
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7.75.070 Criteria for Requiring Payment of In-Lieu Fees Whenever a fee is to be paid in lieu of the dedication of land, the following provisions shall apply:
A. The fee shall be based either on the fair market value of the land that would otherwise be required or on a fixed in-lieu rate established by the City Council. If no fixed in-lieu fee rate has been established, the fee shall be determined by multiplying the number of acres of land required to be dedicated pursuant to this section by the per acre fair market value of the improved value of the subdivision.
B. The fair market value shall be determined and agreed to by the City and the subdivider. However, if an agreement on the fair market value cannot be reached, the subdivider may, at his or her own expense, obtain an appraisal of an acre of land within the subdivision based on the value of the land as a recorded map. If the City does not accept the subdivider's appraisal, it may cause an appraisal to be made of the land by an MAI appraiser, for which the subdivider pays, which appraisal shall be final and conclusive.
C. Whenever fees are paid pursuant to this section, the City shall deposit the fees into a separate account applicable to the project. Money in the account, including accrued interest, shall be expended solely for development of parkland or improvements related thereto or the rehabilitation of existing park or recreational facilities within the subdivision except as provided in Government Code Section 66477(a){3){B). If the final map is withdrawn or rejected, the fees shall be returned without interest to the subdivider.
D. The City shall commit the uses of the collected fees for parks or recreational purposes to serve residents of the subdivision within 5 years upon receipt of payment or within 5 years after the issuance of Building Permits on one half of the lots created by the subdivision, whichever occurs later.
If the fees are not so committed, they shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots in the subdivision.
E. The Director of Community Services shall report to the City Council at least annually on income, expenditures, and status of the subdivision park account.
7.75.080 Credit for Private Parks and Recreation Areas
Where private park areas for active recreational purposes are proposed within a subdivision to be privately-owned and -maintained, the subdivider may receive up to a 50 percent credit against the requirement of land dedication or payment of in-lieu fees as follows:
A. Yards, court areas, setbacks, and other open space areas required by the Community Development Department shall not be included in the computation of such private open space.
B. Use of the private park or recreationar area is restricted for park and recreation purposes by recorded covenants which run with the land in favor of the future owners of the property which cannot be eliminated without the consent of the City and which are submitted to the City prior to the approval of the final map.
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Design, Dedication, and Improvements
C. The private park or recreation area is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access, and location.
D. The private park and recreation facilities shall be owned by the developer or a homeowners association composed of all property owners in the subdivision and incorporated as a nonprofit mutual benefit organization, operated under recorded land agreements through which each lot owner, renter, or lessee is automatically a member, and each lot is subject to a charge for a proportionate share of expenses for maintaining the facilities.
E. Active recreational purposes shall mean, for purposes of this section:
1. Park areas for active recreational pursuits, such as sports fields, court games, swimming pools, children's play areas, picnic areas, and open lawn areas having a maximum 10 percent slope.
2. Recreational buildings and facilities designed for the recreational needs of the residents within the development.
F. Active recreational uses do not include natural open space, nature study areas, open space or buffer areas, steep slopes, riding and hiking trails, scenic overlooks, water courses, drainage areas, or water bodies.
7.75.090 Exemptions
This chapter shall not apply to the following land divisions:
A. Commercial or industrial subdivisions.
B. Subdivisions containing fewer than five parcels and not used for residential purposes; provided, however, that a condition shall be placed on the approval of a tentative parcel map that if a Building Permit is requested for construction of a residential structure or structures on one or more of the parcels within 4 years after the map is approved, a fee may be required to be paid by the owner of each parcel as a condition to the issuance of such Building Permit.
C. Condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than 5 years old when no new dwelling units are added.
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October 4, 2023
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City of Menifee Municipal Code Article 4
Title 7, Subdivisions Design, Dedication, and Improvements CHAPTER 7.80 IMPROVEMENTS
SECTIONS
7.80.010
7.80.020
7.80.030
7.80.040
7.80.050
7.80.060
7.80.010
Improvements Required ............................................................................................................... 7-61 Off-Site lmprovements ................................................................................................................. 7-61 Deferred Improvements ............................................................................................................... 7-61 Design of Improvement Plans and Standards ........................ .... .... .............................................. 7-62 Subdivision Improvement Agreements and Security ...................... .............................................. 7-63 Completion of Improvements .................................................................................... .................. 7-65 Improvements Required
A. The subdivider shall construct all required improvements both on-site and off-site in accordance with the standards approved by City Council resolution and applicable City standards as provided by this Title. Except as provided herein, the subdivider shall be required to install all improvements that are required as conditions of approval to the tentative map, and to install all improvements that are required by City ordinance or resolution.
B. The applicant shall pay all impact fees, pursuant to the applicable impact fee ordinances, in the amount that is in effect at the time such fees are due, unless a different amount applies as follows:
1. Projects subject to a vesting tentative map or vesting tentative parcel map.
2. Projects subject to a development agreement.
7.80.020 Off-Site Improvements
A. If the subdivider of a tentative map is required to construct off-site improvements on land in which neither the subdivider nor the City has sufficient title or interest to allow construction, one the following shall apply:
1. The subdivider shall acquire all off-site interests in property required and provide written evidence to the City of such acquisition.
2. If the subdivider, after a good faith effort, is unable to acquire the property , the City shall, within 120 days of filing of the final map, acquire by negotiation or commence condemnation of the land, in substantial compliance with the procedures set forth in Government Code Section 7260, or the City shall waive the condition for the off-site construction.
B. Notwithstanding subsection (A) of this section, should the City Engineer find, based on substantial evidence, that the subdivision design incorporates an alternative that would comply with City standards in the absence of the off-site improvement, the acquisition of off-site property shall not be required.
7.80.030 Deferred Improvements
A. The approving authority, at its discretion, may approve any request for deferred construction of on site and off-site improvements for tentative maps at the time of approval of the tentative map. Any FINAL Nov 6, 2019 and Nov 20, 2019 Page 7-61 Chapter 7 .80 Improvements
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Design, Dedication, and Improvements
improvements that are deferred by the approving authority shall be noted on the final or parcel map, and a deferred improvement agreement shall be filed with the City Engineer prior to or concurrent with the filing of the final map or parcel map.
B. The City Attorney shall approve the form and content of all deferred improvement agreements prior to the City accepting the document.
7.80.040 Design of Improvement Plans and Standards
A. Standards for design and construction of subdivision improvements shall be in accordance with the applicable City standards, the conditions of approval of the tentative map, and the requirements established by the City Engineer.
B. Public improvement plans shall be acted on by the City Engineer within the time frame set forth in Government Code Section 66456.2, and the projects conditions of approval C. Public improvement plans shall be prepared under the direction of a registered civil engineer and other professionals as required by the City Engineer, and shall be reviewed and approved by the City Engineer, if he or she can make the following findings:
1. The plans are signed and stamped by a registered civil engineer and all other registered professionals trades as required by the improvement plans (e.g., Geotechnical Engineer, Electrical Engineer, Structural Engineer, Landscape Architect).
2. The plan designs are consistent with the tentative map, the conditions of approval, and applicable City standards, with the exception of minor errors or incompleteness that do not materially affect the design or the plan constructability thereof.
3. All reports and studies required to evaluate the facility design and the completeness of the plans have been prepared by a registered civil engineer and have been reviewed and approved by the City Engineer.
4. All conditions of approval relative to public improvement requirements have been addressed to the satisfaction of the reviewing authority and the City Engineer.
5. All title and interest has been obtained by the subdivider for off-site property interest, except as otherwise provided for in Section 7.70.020.B.
6. All cost estimates have been approved by the City Engineer, and payment of all applicable fees has been received.
7. Approval of designs and plans have been obtained from all other applicable agencies.
D. All improvement plans shall be prepared in accordance with the following City standards:
1. Those ordinances, policies, and standards in effect at the time the final map is submitted.
2. Those ordinances, policies, and standards in effect at the time the application for the vesting tentative map is deemed complete. However, the City Engineer may modify those City standards under the following conditions:
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Title 7, Subdivisions
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a. When failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both b. When needed to comply with state or federal laws.
c. When, in the opinion of the City Engineer, with the consent of the subdivider, a new standard or requirement is needed which will not materially affect the intent of the subdivider or the conditions of approval. This shall include the adoption of other agency standards for use by the City Engineer.
E. Approval by the City Engineer of any public improvement plans, or any grading plans that are required as part of the approval of the final map or parcel map, shall expire upon the expiration of any applicable subdivision improvement agreement, or 2 years from the date the City Engineer approves the plans, whichever is later. Upon expiration of those plans, new approvals from the City Engineer, together with the payment of new plan review fees, shall be required for any portions of the subdivision for which grading and improvements have not been completed. 7 .80.050 Subdivision Improvement Agreements and Security Pursuant to the Map Act, if any public improvement required as part of the approval of the subdivision will not be completed and accepted in accordance with Section 7.80.060 (Completion of Improvements) prior to approval of the final map, the subdivider, at his expense, shall be required to enter into a subdivision improvement agreement with the City to complete such public improvements in accordance with Section 7.80.060 (Completion of Improvements). Performance of the agreement shall be guaranteed by the security specified in this section.
A. The form and content of subdivision improvement agreements shall be approved by the City Attorney.
The agreement shall include, but not be limited to, the following minimum terms and conditions:
1. Construction of all improvements as set forth in the approved plans and specifications.
2. The maximum period within which all improvements shall be completed to the satisfaction of the City Engineer.
3. Provisions for inspection of all improvements by the City Engineer and payment of fees by the subdivider for the cost of such inspection and all other incidental costs incurred by the City in enforcing the agreement.
4. A provision that if the subdivider fails to complete the work within the specified period of time, or any extended period of time that may have lawfully been granted to the subdivider, the City may, at its option, complete the required improvement work and the subdivider and his surety shall be firmly bound, under a continuing obligation, for payment of the full cost and expense incurred or expended by the City in completing such work, including interest from the date of notice of the cost and expense until paid.
5. A provision that, in the event of litigation occasioned by a default of the owner or subdivider, his successors or assignees, the owner or subdivider, his successors or assignees will pay all costs FINAL Nov 6, 2019 and Nov 20, 2019 Page 7-63 Chapter7.80 Improvements
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Title 7, Subdivisions
Article 4
Design, Dedication, and Improvements
involved, including reasonable attorneys' fees, and that the same may be recovered as part of a lien against the real property.
6. Additional terms or provisions, as may be necessary, pertaining to the forfeiture, collection, and disposition of improvement security upon the failure of the contracting party to comply with the terms and provisions thereof or with the terms and provisions of this Title.
B. Subdivision improvement agreements shall be valid for a period specified in the agreement, but not to exceed 2 years from the effective date of the agreement. The City Engineer may, in his/her discretion, extend the term of the subdivision improvement agreement. The agreement shall not only bind the present subdivider, but also his heirs, successors, executors, administrators, and assignees, so that the obligation runs with the real property. All agreements shall be executed by all those parties executing the final map or parcel map, with all signatures acknowledged before a notary public, and shall be transmitted by the City Clerk to the Riverside County Recorder concurrently with the final map or parcel map. The agreement shall be recorded upon the title of said real property, in the Office of the County Recorder, at the expense of the subdivider.
C. Improvement securities shall be required to be posted as a guarantee of the performance of any act, improvement, or obligation required as a condition of approval of any final tract map, parcel map waiver, lot line adjustment, or lot merger. Unless otherwise provided herein, all such improvement securities shall be provided in one of the following forms, subject to the approval of the City Engineer and the City Attorney:
1. A bond or bonds by one or more duly authorized corporate sureties substantially in the form prescribed in the Map Act and subject to the approval and acceptance of the City Attorney and City Council.
2. A deposit with the City of either immediately negotiable bonds or a letter of credit.
3. Any other form of security, including a lien or other security interest in real property, which the City Engineer and the City Attorney may, in their discretion, allow, provided they determine that it is equivalent to the foregoing forms of security in terms of security and liquidity.
4. Any written contract or document creating security interest established pursuant to subsection (C)(3) of this section shall be recorded in the Office of the County Recorder. From the time of recordation, a lien shall attach to the real property described therein, which lien shall have the priority of a judgment lien in the amounts specified.
D. The subdivider shall provide as security to the City:
1. For performance and guarantee: an amount determined by the City Engineer equal to 100 percent of the total estimated cost of the improvement to be performed, including grading monumentation. The estimated cost of improvement shall include a 10 percent contingency and a 10 percent increase for projected inflation computed to the estimated mid-point of construction.
2. For payment: an amount determined by the City Engineer equal to 50 percent of the total estimated cost of the improvement to be performed, excluding grading and monumentation.
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October 4, 2023
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City of Menifee Municipal Code
Title 7, Subdivisions
Article 4
Design, Dedication, and Improvements
E. Improvement security may be released in whole or in part upon the completion and acceptance of all or part of the act or work by the City Council or the authorized official; provided, however, such release shall not apply to the amount of security deemed necessary by the City Engineer for the guarantee and warranty period, nor to costs and reasonable expense fees, including reasonable attorneys' fees, incurred by the City in enforcing any improvement agreement. The subdivider shall not be entitled to any reduction in security until all improvements have been completed to the satisfaction of the City Engineer.
7.80.060 Completion of Improvements
A. Public improvements required as a condition of approval shall be completed in accordance with this Title, unless they are deferred pursuant to Section 7.80.030 (Deferred Improvements). The City Engineer shall review and approve any improvement agreement, conduct an inspection, and approve any constructed public improvement necessary to satisfy this provision, with the City Council providing final approval of any agreement or acceptance of any completed public improvement.
B. Once begun, public improvements for a final map, or for a parcel map when required, shall be constructed to completion without interruption. The subdivider shall exercise due diligence to ensure that this provision is met to the satisfaction of the City Engineer. Construction and inspection of public improvements shall be governed by City standards and the requirements of any applicable permit.
C. The City Engineer may release in whole or in part an amount of the applicable securities upon determination that the relevant public improvement is complete.
D. Notwithstanding any applicable agreement, the ownership of and responsibility for the construction and maintenance of any public improvement is held by the subdivider and shall remain so until such time as the City Council accepts the completed public improvements.
E. Upon acceptance of a public improvement, a notice of completion for that public improvement shall be filed, and the City Council shall authorize the City Engineer to release applicable securities in whole or in part for that public improvement. This action shall serve to transfer ownership and maintenance responsibility of the public improvement from the subdivider to the City, and to provide full acceptance of the applicable dedication or easement, which acceptance had been contingent upon completion and acceptance of public improvements within said dedication or easement, subject to the terms of any applicable agreement.
F. Upon acceptance of a public improvement, the public improvement shall be considered to have entered the warranty period. The warranty period shall be a minimum of 1 year or such period as necessary to ensure that the public improvements are suitable for public ownership and maintenance responsibility, as determined by the City Engineer and accepted by the City Council. A minimum of 10 percent of the securities shall be retained for the duration of the warranty period.
G. Public park facilities shall be completed in accordance with the provisions of this Title and to the satisfaction of the Director of Community Services. The City Council shall provide final approval and acceptance of public park facilities and other fee title interests.
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October 4, 2023
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Adopted
ARTICLE 5: Date
DEFINITIONS
Effective
Date
CHAPTER 7 .85: DEFINITIONS ......................................................... 7-67 FINAL Nov 6, 2019 and Nov 20, 2019 Page 7-66
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City of Menifee Municipal Code
Title 7, Subdivisions
CHAPTER 7.85: DEFINITIONS
SECTIONS
Article 5
Definitions
7.85.010 Purpose ................................................................................................................................................................ 7-67
7.85.020 Definitions ........................................................................................................................................................... 7-67 7 .85.010 Purpose
This chapter provides definitions of terms and phrases used in this Subdivision Ordinance that are technical or specialized, or that may not reflect common usage. If any of the definitions in this chapter conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Subdivision Ordinance. If a word is not defined in this chapter, or other provisions of the Municipal Code, the Community Development Director shall determine the most appropriate definition in compliance with Chapter 7.10 (Rules of Interpretation) . State law definitions, as they may be amended from time to time, control over the definitions in this section. 7 .85.020 Definitions
Alley. A public way for pedestrian, equestrian, or vehicle use which affords only a secondary means of access to abutting properties.
Approved. When used to refer to tentative map or other subdivision or reconfiguration action means having received the consent, endorsement, or permission of the city or any advisory agency and includes those maps or actions which have been conditionally approved.
Block. The smallest area of land within a subdivision entirely bounded by any streets (other than alleys), freeways, railroad rights-of-way, natural barriers, or the exterior boundaries of the subdivision.
CEQA. The California Environmental Quality Act of 1970 as amended.
Consistent. Free from variation or contradiction. State law requires consistency between a general plan and implementation measures such as the subdivision ordinance.
County. The County of Riverside.
CMLP. Conceptual Landscape Master Plan.
Design. (1) Street alignments, grades, and widths; (2) drainage and sanitary facilities and utilities, including alignments and grades thereof; (3) location and size of all required easements and rights-of-way; (4) fire roads and firebreaks; (S) lot size and configuration; (6) traffic access; (7) grading; (8) land to be dedicated for park or recreational purposes; (9) such other specific physical requirements in the plan and configuration of the entire subdivision as may be necessary to incur consistency with, or implementation of the general plan or any applicable specific plan; and (10) the linking of components of the built environment, thereby establishing a sense of order and organization to what otherwise can be perceived as disjointed or haphazard development .
Development Code. Title 9 of the city of Menifee Municipal Code, including all text and maps, as it may be amended from time to time. See also Zoning Ordinance.
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Definitions
Finance Map. A map resulting in the division of land solely for the purposes of financing without authorizing new development of the land or any portion thereof.
Frontage Street. A street that is parallel and adjacent to a higher-speed, limited-access road but is separated from it by a physical barrier, and provides access to abutting properties.
Improvement. Any street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map. It also means any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency, or by a combination of them, is necessary to ensure consistency with, or implementation of the general plan or any applicable specific plan.
Lot. A parcel of real property with a separate and distinct number or other designation shown on an approved map such as a final tract map, parcel map, record of survey, other plot, or described as a separate and distinct lot by a metes and bounds description, which is filed in the office of the county recorder.
MAI Appraiser. An appraiser that is a member of the Member of the Appraisal Institute.
Net Area. Excludes area on a lot or lots identified or designated for utilization as dedications and easements for access to ingress to or egress from property easements for streets or pedestrian/equestrian purposes irrespective of whether such easements are public or private.
Public Improvement. Traffic controls, streets, roads, highways, freeways, bridges, over crossings, street interchanges, transit facilities, trails, flood control or storm drain facilities, sewer and water facilities, and lighting facilities.
Reversion to Acreage. A process to combine previously subdivided properties in accordance with the provisions of this Title.
Section. A section of this Title, unless some statute or other ordinance is referred to.
Subdivider. The landowner or the owner's designee.
Subdivision Map Act. Section 66410 et seq. of the Government Code.
Tentative Map. A map resulting in five or more parcels prepared in accordance with the provisions of this Title and for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it. It need not be based upon an accurate and detailed final survey of the property.
Tentative Parcel Map. A map resulting in four or fewer parcels prepared in accordance with the provisions of this Title and for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it. It need not be based upon an accurate and detailed final survey of the property.
Vesting. A right or privilege to enjoy such requirements based on policies, ordinances or standards at a fixed point in time.
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Vesting Tentative Map. A tentative map prepared in accordance with the provisions of this Title that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed.
Vesting Tentative Parcel Map. A tentative parcel map prepared for in accordance with the provisions of this Title that shall have printed conspicuously on its face the words "Vesting Tentative Parcel Map" at the time it is filed.
Zoning Ordinance. Title 9 of the city of Menifee Municipal Code, including all text and maps, as it may be amended from time to time. See also Development Code.
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Item Title: 10.7
Agreement with Tri-Pointe Homes IE-SD, Inc. for Assignment of Quimby Credit Item Page Number: 102
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October 4, 2023
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing Ordinance No. 2019-286 was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 20 of November 2019 by the following vote:
Ayes: Deines, Liesemeyer, Sobek, August, Zimmerman
,.Noes: ,.,,_-- None
--Af>~ None
Abstain: None
Item Title: 10.7
Agreement with Tri-Pointe Homes IE-SD, Inc. for Assignment of Quimby Credit Item Page Number: 103
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October 4, 2023
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CITY OF MENIFEE
SUBJECT: Final Map for Tract Map 37131-2, Rockport Ranch, by Lennar Homes of California, LLC
MEETING DATE: October 4, 2023
TO: Mayor and City Council
PREPARED BY: Steve Strapac, Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the filing of Final Map No. 37131-2, Rockport Ranch, by Lennar Homes of California, LLC, located at the southwest corner of Old Newport Road and Briggs Road.
DISCUSSION
Tract Map 37131-2, also known as Rockport Ranch (“Project”), is a proposed subdivision of 32.04 gross acres of land into 131 total lots for residential use, including eight lettered lots for open space, roads and utilities. Tract Map 37131-2 is the second and final phase of the Project by Lennar Homes of California, LLC (“Developer”). The Project is located at the southwest corner of Old Newport Road and Briggs Road.
On May 20th, 2020, the City Council adopted Resolution No. 20-905 approving Tentative Tract Map 37131 for the Project. On March 15, 2023, the final tract map for phase one of the Project (Tract Map 37131-1) was approved by the City Council along with the Subdivision Improvement Agreement and total securities of $11,261,500 required for the overall project improvements.
The Developer is now requesting the filing of the final tract map for the second phase of the Project. Staff has reviewed the Developer’s request and determined that Tract Map 37131-2 meets the requirements of the Project’s conditions of approval.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
Item Title: 10.8
Final Map for Tract Map 37131-2, Rockport Ranch, by Lennar Homes of California, LLC Item Page Number: 1
Menifee Mayor and City Council
October 4, 2023
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City of Menifee Staff Report
Final Map 37131-2, Rockport Ranch
October 4, 2023