Cities Index.
Agenda packet, first session

Menifee City Council
January 17, 2024

Document
Agenda packet, first session
Meeting
January 17, 2024
Body
Menifee City Council
Pages
10
Original file
183.3 MB
Text extracted from the city's file for reading and search. Open the original on cityofmenifee.primegov.com. That file is the official record.

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On August 28, 2023, staff issued Request for Proposal (RFP) No. 2024-5 for Architectural Design & Engineering services. The selected firm would provide comprehensive architectural design and engineering services for the development of the construction documents for the community center.

The services include, but are not limited to the following task:
•Project planning and design review
•Community Workshops and Stakeholder Meetings
•Site assessment and design
•Construction documents
The City received nine proposals from the following firms:
•DBRDS
•Ferguson Pape Baldwin Architects
•HMC Architects
•Holt Architecture
•MDEP
•PGAL, Inc.
•SVA Architects
•Tighe Architecture
•TSK Architects
A committee consisting of City staff evaluated the proposals. The firms were evaluated based on the criteria set forth in RFP 2023-10 which included experience/qualifications of the firm, work plan methodology/project approach, project timeline and project implementation schedule, references, and quality of responsiveness of the proposal.

Under Government Code Section 4526 local agencies are required to select professional services for architectural, landscape architectural, engineering, environmental, land surveying, or construction project management solely on the basis of demonstrated competence and professional qualifications. For this reason, cost proposals are sealed until the selection process is completed.

Following the evaluation process, interviews with the top four candidates, and reference checks, TSK Architects received the highest overall interview scores and staff proceeded to open their cost proposal. All the tabulated results from the evaluations are listed in Table 1 below.

Item Title: 10.12
Professional Design, Engineering and Architectural Services Agreement with TSK Architects for CIP 23- 10 Community Center/Recreation Center Project
Item Page Number: 2

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January 17, 2024
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City of Menifee Staff Report
CIP 23-10, TSK Agreement
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Table 1 – RFP Evaluation Summary
Firm Name
Evaluation
Score
Interview
Score
TSK Architects 83.00 87.00
HMC Architects 88.00 77.67
Ferguson Pape Baldwin Architects 87.00 73.33
SVA Architects 84.33 68.00
PGAL, Inc. 82.33 -
DBRDS 81.67 -
Tighe Architecture 78.67 -
Holt Architecture 78.00 -
MDEP 68.67 -
The cost proposals of the top 4 firms are as follows:

Table 2 – Cost Proposals
Firm Name
Qualification
Ranking
Cost
Proposals
TSK Architects 1 $2,078,633
HMC Architects 2 $1,870,141
Ferguson Pape Baldwin Architects 3 $1,335,773
SVA Architects 4 $1,203,930
Following the selection of TSK as the highest-ranking proposer, staff met with them to discuss the scope of work and initiate cost negotiations. The negotiations resulted in a cost reduction of $987,663 from $2,078,633 to $1,100,000. The final scope of work includes various required tasks including architectural services, mechanical, electrical, and plumbing services, technology structural services, landscape design services, sustainability consulting services, kitchen design, and a construction cost estimate. TSK will also be providing community workshops and stakeholder meetings to ensure we are meeting the needs of the community.

Additionally, TSK also provided cost for several optional add alternative task/features as detailed in Table 2.

Table 3 – Optional Add Alternatives
No. Add Alternatives Cost

1. Expanding Site Design $70,000

2. Commissioning $60,500

3. Technical Carbon Analysis $32,000

4. Technical Energy Analysis $55,000

5. LEED Equivalency for Certification $71,500
Optional Add Alternatives Total $289,000

By moving forward with this project, the department is focusing on meeting the Cities strategic plan to develop cultural and recreational facilities and programming that would serve the diverse needs and desires of the community. Staff recommends moving forward with the required tasks Item Title: 10.12
Professional Design, Engineering and Architectural Services Agreement with TSK Architects for CIP 23- 10 Community Center/Recreation Center Project
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only as the add-alternative options are beyond the goals of the City. This decision will not have a significant impact on the design of the building.

The proposed Project has been determined to be Categorically Exempt under the California Environmental Quality Act (CEQA) and CEQA Guidelines, Section 15301 (Class 1 - Existing Facilities) and Section 15061 (b) (3) (“Common Sense” Exemption).

Item Title: 10.12
Professional Design, Engineering and Architectural Services Agreement with TSK Architects for CIP 23- 10 Community Center/Recreation Center Project
Item Page Number: 4

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City of Menifee Staff Report
CIP 23-10, TSK Agreement
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STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure

FISCAL IMPACT
Funding in the total amount of $1,100,000 is available in the existing project funding as shown in Table 2.

Table 4 – Existing Project Funding
Fund
Account
Number
Available
Budget
Amount
Requested
DIF Citywide – Public Use &
Community Facilities 520-4555-58157 $263,000 $263,000
General Fund – Community
Center Assigned Fund Balance 100-4583 $1,000,000 $837,000 Total $1,263,000 $1,100,000
During the approval of the Fiscal Year 2021/2022 mid-year budget update, $1,000,000 was approved from general reserves to be allocated to CIP 23-10 in Account No. 100-4583 Assigned for Future Community Center. Although the use of the funds has been approved and set aside in the assigned account, the funding will require a budget transfer and appropriation. The total amount of $1,000,000 would be transferred from Account No. 100-4583 to Account No. 100-4530 Unassigned Fund Balance and the appropriation would be $1,000,000 to Account No. 100-4555- 58157 to bring the total available funding to $1,263,000. The remaining $163,000 would be used in the case of any unforeseen costs associated with the project.

ATTACHMENTS

1. TSK Agreement

2. Budget Adjustment Resolution
Item Title: 10.12
Professional Design, Engineering and Architectural Services Agreement with TSK Architects for CIP 23- 10 Community Center/Recreation Center Project
Item Page Number: 5

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CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
CIP 23-10 ARCHITECTURAL DESIGN AND ENGINEERING SERVICES FOR THE

COMMUNITY CENTER AT LA PIEDRA AND MENIFEE ROAD PROJECT
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2024 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and TATE SNYDER KIMSEY, INC. DBA TSK, a California C Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.

Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on January 17, 2024 and shall end on June 30, 2026 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.

Item Title: 10.12
Professional Design, Engineering and Architectural Services Agreement with TSK Architects for CIP 23- 10 Community Center/Recreation Center Project
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1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

1.6 Warranty. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services.

1.7 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all applicable emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed One Million One Hundred Thousand Dollars and Zero Cents ($1,100,000.00) 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.

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; Item Title: 10.12
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f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.

Invoices shall be submitted to:

City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 Retention of Funds, Final Payment. Consultant hereby authorizes City to retain and deduct from any amount payable to Consultant not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Consultant within sixty (60) days after final acceptance of the Services by the City and after Consultant has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Consultant from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as provided in this Agreement. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.

2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.

2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

Item Title: 10.12
Professional Design, Engineering and Architectural Services Agreement with TSK Architects for CIP 23- 10 Community Center/Recreation Center Project
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2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.

SECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certificates of insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement.

The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other insureds. Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- Item Title: 10.12
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insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.

4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

4.3 Professional Liability Insurance.
a. General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.

Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:

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Professional Design, Engineering and Architectural Services Agreement with TSK Architects for CIP 23- 10 Community Center/Recreation Center Project
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(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. (iii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
(iv) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 All Policies Requirements.
a. Acceptability of Insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of Coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: CIP 23- 10 ARCHITECTURAL DESIGN AND ENGINEERING SERVICES FOR THE COMMUNITY CENTER AT LA PIEDRA AND MENIFEE ROAD PROJECT. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
d. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, Item Title: 10.12
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including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self-Insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.

During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or Item Title: 10.12
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c. Terminate this Agreement.

SECTION 5. INDEMNIFICATION.

5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.

5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.

5.3 Limitation of Indemnification for Design Professionals. Notwithstanding any provision of this Section 5 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. This Subsection 5.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.

5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.

SECTION 6. INDEPENDENT CONTRACTOR.

At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of Item Title: 10.12
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personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement.

The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

SECTION 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

7.3 Prevailing Wages. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or non- payment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, Item Title: 10.12
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and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages. b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
(vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Consultant in connection with this Agreement.
(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor.

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c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

7.4 Licenses and Permits, Fees and Assessments. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.

7.5 Conflicts of Interest, Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.

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7.6 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.

SECTION 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.

8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.

8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.

8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.

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8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.

SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.

9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

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9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

9.4 Inspection and Audit of Records. Any records or documents that Subsection 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.

Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

SECTION 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Applicable Law, Venue. The laws of the State of California shall govern this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.

10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing Item Title: 10.12
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and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Jonathan Richert, Civic Market Director (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

10.8 City Contract Administration. This Agreement shall be administered by a City employee, Nancy Rodriguez, Management Analyst I (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.

10.9 Notices. Any written notice to Consultant shall be sent to:

TATE SNYDER KIMSEY, INC. DBA TSK
316 W. 2nd Street Penthouse
Los Angeles, CA 90012
Attn: Jonathan Richert, Civic Market Director
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Nancy Rodriguez, Management Analyst I
with a copy to:

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586

10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.

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__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.

10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

10.16 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Item Title: 10.12
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Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE
Rebekah Kramer, Acting City Manager
Attest:

Sarah A. Manwaring, City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT
Jonathan Richert, Civic Market Director
Erica Bish, Director of Operations
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include CIP 23-10 ARCHITECTURAL DESIGN AND ENGINEERING

SERVICES FOR THE COMMUNITY CENTER AT LA PIEDRA AND MENIFEE ROAD PROJECT services in the amount not to exceed One Million One Hundred Thousand Dollars and Zero Cents ($1,100,000.00) as further detailed in the following page(s).

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RESOLUTION NO. 23-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2023/24 OPERATING BUDGET
WHEREAS, the City of Menifee, California, adopted a budget for Fiscal Year 2023/24 and Fiscal Year 2024/25 with Resolution 23-1341 on June 21st, 2023; and WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the FY2023/24 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

General Fund 100 Adopted FY 2023/24 Revenue Budget: $70,722,556.00

1. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
November 15, 2023 State Asset Forfeiture 100-3468 20,563.00 December 6, 2023
CSA 145 Quimby County
Reimbursement / 1x Payment 100-3900 809,372.00
TOTAL: $829,935.00
Amended General Fund 100 FY 2023/24 Revenue Budget: $71,552,491.00 General Fund 100 Adopted FY 2023/24 Expenditure Budget: $71,955,477.00

2. Record Appropriation(s):

Amended General Fund 100 FY 2023/24 Expenditure Budget: $81,180,689.27

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 1, 2023 2023 Carryovers 100-Various 7,414,966.27
November 15, 2023 K9 Supplies 100-4911-52753 13,763.00
November 15, 2023 Training 100-4911-52211 6,800.00
December 6, 2023
CIP 19-15: Central Park
Amphitheater 100-4555-58079 789,683.00
January 17, 2024
CIP 23-10: Community Center
Project 100-4555-58157 $1,000,000.00
TOTAL: $9,225,212.27
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Amending the Fiscal Year 2023/24 General Fund Budget
CIP 23-10: Community Center Project
2 4
7 3
1 5

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
100-4583
(Assigned Fund Balance)
100-4530 $1,000,000.00
TOTAL: $1,000,000.00

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

The annual budget for the General Fund 100 for the City of Menifee for FY2023/24 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

N/A $0.00
Amended General Fund 100 FY2023/24 Budget $71,552,491.00

Expenditures:

CIP 23-10: Community Center Project $1,000,000.00
Amended General Fund 100 FY2023/24 Budget $81,180,689.27 PASSED, APPROVED AND ADOPTED this 17th day of January, 2024. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Sarah A. Manwaring, City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.12
Professional Design, Engineering and Architectural Services Agreement with TSK Architects for CIP 23- 10 Community Center/Recreation Center Project
Item Page Number: 36

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January 17, 2024
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CITY OF MENIFEE
SUBJECT: Cooperative Agreement with the California Department of Transportation for the Garbani Road / I-215 Interchange, CIP 20-05.

MEETING DATE: January 17, 2024
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Engineering Manager
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and Authorize the City Manager to execute a Cooperative Agreement between the City of Menifee and California Department of Transportation (“Caltrans”) for the Project Approval and Environmental Document (“PA&ED”), Plans, Specifications, and Estimate (“PS&E”), and Right of Way (“ROW”) phases of work for the Garbani Road / I-215 Interchange, Capital Improvement Program Project No. 20-05.

DISCUSSION
Garbani Road is currently a two-lane east-west roadway that intersects with Antelope Road on the east side and Haun Road on the west side of the I-215 freeway but does not continue across the freeway. Because the I-215 bisects the City, traveling between the east and west sides of the City requires that motorist’s detour approximately one to two miles to reach one of three existing I-215 interchanges located at McCall Boulevard, Newport Road, and Scott Road. Heavy traffic congestion regularly occurs at these existing interchanges and future traffic volumes are expected to exceed the current capacity of the existing interchanges. Due to the current traffic volumes, as well as the absence of east/west connectivity at Garbani Road, the Garbani Road/I-215 Interchange, Capital Improvement Program (“CIP”) Project No. 20-05 (“Project”) was identified as a priority infrastructure need to support current and expanding development in the area.

On July 7, 2021, the City entered into an initial cooperative agreement with Caltrans for the Project Initiation Document (“PID”) phase of the Project. The PID was approved by Caltrans on August 31, 2023, that included a Project Study Report and Project Development Study (“PSR-PDS”). The PSR-PDS identifies the environmental documents required, potential interchange geometry Item Title: 10.13
Cooperative Agreement with the California Department of Transportation for the Garbani Road / I-215 Interchange, CIP 20-05.

Item Page Number: 1

Menifee Mayor and City Council
January 17, 2024
Page
349 of 932

City of Menifee Staff Report
CIP 20-05 Caltrans Cooperative Agreement
January 17, 2024

Page 2 of 2 ends

1 9
1 4
alternatives, and right-of-way impacts of the Project and is the basis for subsequent Project phases.

With the approval of the PSR-PDS, the Project may now progress to the next steps for development of PA&ED, the PS&E, and ROW acquisition phases. In accordance with the Streets and Highways Code Sections 114, the City must now enter into a Cooperative Agreement (“Agreement”) with Caltrans as the owner and operator of the State Highway System (SHS), in order to continue with the next phase of the Project. Through the proposed Agreement, the City commits to following Caltrans guidelines, specifications, and procedures for preparing the necessary documentation to fully develop the Project. The City’s responsibilities under the Agreement would be as follows:
•Developing the PA&ED to include:
oCompletion of the Final Environmental Document.
oCompletion of the Project Report documenting project alternative selection. oObtaining resource agency permits.
•Developing the PS&E to include:
oCompletion of construction documents.
oCompletion of detailed cost estimates.
oLegally advertising/awarding the construction contract. •ROW to include:
oCoordination with impacted utility owners for protection, removal and/or relocation. oAcquisition of ROW interests.
oPost-construction work such as ROW monumentation/recordation, relinquishments/vacations, and excess land trusts.

Approval of the proposed Agreement with Caltrans is required in order to progress to the next phases of Project design.

STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility

FISCAL IMPACT
There is no fiscal impact associated with entering into the Cooperative Agreement with Caltrans.

ATTACHMENTS

1. Project Location Map

2. Cooperative Agreement
Item Title: 10.13
Cooperative Agreement with the California Department of Transportation for the Garbani Road / I-215 Interchange, CIP 20-05.

Item Page Number: 2

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January 17, 2024
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Path: E:\Project_Specific_Maps\Engineering_PublicWorks\GarbaniRd_215Interchange\GarbaniRd_215Interchange.aprx Date: 11/16/2023 Garbani Road/I-215 Interchange (CIP 20-05)
Project Location Map
Item Title: 10.13
Cooperative Agreement with the California Department of Transportation for the Garbani Road / I-215 Interchange, CIP 20-05.

Item Page Number: 3

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January 17, 2024
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Agreement 08-1779
Project No. 0821000037
EA 1L930
08-RIV-215-15.5/17.5
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023)i of 23

COOPERATIVE AGREEMENT COVER SHEET
Work Description

THE CONSTRUCTION OF A FREEWAY INTERCHANGE, CONSISTING OF AN EAST-WEST OVERHEAD STRUCTURE OVER THE I-215 CONNECTING THE EAST AND WEST

SEGMENTS OF GARBANI ROAD, AND THE CONSTRUCTION OF NORTHBOUND AND SOUTHBOUND ON AND OFF RAMPS TO THE I-215. THE PROJECT WILL ALSO REALIGN

ANTELOPE ROAD TO ACCOMMODATE THE INTERCHANGE, WIDEN THE EAST

SEGMENT OF GARBANI ROAD, AND CONSTRUCT A MISSING SECTION OF THE WEST SEGMENT OF GARBANI ROAD BETWEEN HAUN ROAD AND THE I-215 Contact Information
The information provided below indicates the primary contact information for each PARTY to this AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes.

Contact information changes do not require an amendment to this AGREEMENT.

CALTRANS
Elaheh Hadipour, Project Manager
464 W. Fourth Street, MS 1229
San Bernardino, CA 92401
Office Phone: (909) 383-6723
Email: [email protected]

CITY OF MENIFEE
Carlos E. Geronimo, Engineering Manager - CIP
29844 Haun Road
Menifee, CA 92586
Office Phone: (951) 723-3722
Email: [email protected]
Item Title: 10.13
Cooperative Agreement with the California Department of Transportation for the Garbani Road / I-215 Interchange, CIP 20-05.

Item Page Number: 4

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January 17, 2024
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Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023)ii of 23 Table of Contents
COOPERATIVE AGREEMENT (DRAFT) .........................................................................................1 RECITALS ............................................................................................................................................1 RESPONSIBILITIES ............................................................................................................................2 Sponsorship.......................................................................................................................................2 Implementing Agency.......................................................................................................................3 Funding .............................................................................................................................................3 CALTRANS’ Quality Management .................................................................................................4 CEQA/NEPA Lead Agency..............................................................................................................5 Environmental Permits, Approvals and Agreements........................................................................5 Project Approval and Environmental Document (PA&ED).............................................................5 California Environmental Quality Act (CEQA) ..........................................................................6 National Environmental Policy Act (NEPA) ...............................................................................8 Plans, Specifications, and Estimate (PS&E).....................................................................................9 RIGHT-OF-WAY ...........................................................................................................................10 Schedule..........................................................................................................................................12 Additional Provisions......................................................................................................................12 Standards....................................................................................................................................12 Qualifications .............................................................................................................................12 Consultant Selection...................................................................................................................13 Encroachment Permits ...............................................................................................................13 Protected Resources ...................................................................................................................13 Disclosures .................................................................................................................................13 Hazardous Materials...................................................................................................................14 Claims ........................................................................................................................................15 Interruption of Work ..................................................................................................................15 Penalties, Judgments and Settlements........................................................................................16 Project Files................................................................................................................................16 GENERAL CONDITIONS .................................................................................................................16 Venue ..............................................................................................................................................16 Exemptions .....................................................................................................................................16 Indemnification ...............................................................................................................................17 Non-parties......................................................................................................................................17 Item Title: 10.13
Cooperative Agreement with the California Department of Transportation for the Garbani Road / I-215 Interchange, CIP 20-05.

Item Page Number: 5

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January 17, 2024
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Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023)iii of 23 Ambiguity and Performance ...........................................................................................................17 Defaults ...........................................................................................................................................18 Dispute Resolution..........................................................................................................................18 Prevailing Wage..............................................................................................................................18 SIGNATURES ....................................................................................................................................20

COOPERATIVE AGREEMENT (DRAFT)
This AGREEMENT, executed on and effective from _______________________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:

City Of Menifee, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY.

An individual signatory agency in this AGREEMENT is referred to as a PARTY. Collectively, the signatory agencies in this AGREEMENT are referred to as PARTIES.

RECITALS

1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System per the California Streets and Highways Code, Sections 114 and 130.

2. For the purpose of this AGREEMENT, the construction of a freeway interchange, consisting of an east-west overhead structure over the I-215 connecting the east and west segments of Garbani Road, and the construction of northbound and southbound on and off ramps to the I- 215. The project will also realign Antelope Road to accommodate the interchange, widen the east segment of Garbani Road, and construct a missing section of the west segment of Garbani Road between Haun Road and the I-215 will be referred to hereinafter as PROJECT. The PROJECT scope of work is defined in the project initiation and approval documents (e.g.

Project Study Report, Design Engineering Evaluation Report, or Project Report).

Item Title: 10.13
Cooperative Agreement with the California Department of Transportation for the Garbani Road / I-215 Interchange, CIP 20-05.

Item Page Number: 6

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January 17, 2024
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Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023)iv of 23

3. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENTS will be referred to hereinafter as WORK:
•PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA&ED)
•PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
•RIGHT-OF-WAY
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process.

4. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments.

This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT.

PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT.

If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT.

Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT.

PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT.

However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement or expire by the statute of limitations.

5. No PROJECT deliverables have been completed prior to this AGREEMENT.

6. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.

7. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT.

Item Title: 10.13
Cooperative Agreement with the California Department of Transportation for the Garbani Road / I-215 Interchange, CIP 20-05.

Item Page Number: 7

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January 17, 2024
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Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023)v of 23

RESPONSIBILITIES
Sponsorship

8. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds committed in this AGREEMENT.

PROJECT changes, as described in the CALTRANS Project Development Procedures Manual, will be approved by CALTRANS as the owner/operator of the State Highway System.

9. CITY is the SPONSOR for the WORK in this AGREEMENT.

Implementing Agency

10. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT. •CITY is the Project Approval and Environmental Document (PA&ED) IMPLEMENTING AGENCY.

PA&ED includes the completion of the Final Environmental Document and the Project Report (documenting the project alternative selection). •CITY is the Plans, Specifications, and Estimate (PS&E) IMPLEMENTING AGENCY.

PS&E includes the development of the plans, specifications, and estimate; obtaining any resource agency permits; and the advertisement/award of the construction contract. •CITY is the RIGHT OF WAY IMPLEMENTING AGENCY
RIGHT OF WAY includes coordination with utility owners for the protection, removal, or relocation of utilities; the acquisition of right-of-way interests; and post-construction work such as right-of-way monumentation/recordation, relinquishments/vacations, and excess land transactions. The RIGHT OF WAY component budget identifies the cost of the capital costs of right-of-way acquisition (RIGHT-OF-WAY CAPITAL) and the cost of the staff work in support of the acquisition (RIGHT-OF-WAY SUPPORT).

Item Title: 10.13
Cooperative Agreement with the California Department of Transportation for the Garbani Road / I-215 Interchange, CIP 20-05.

Item Page Number: 8

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January 17, 2024
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Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023)vi of 23

11. CITY will provide a Quality Management Plan (QMP) for the WORK in every PROJECT COMPONENT that they are implementing. The QMP describes the IMPLEMENTING AGENCY’s quality policy and how it will be used. The QMP will include a process for resolving disputes between the PARTIES at the team level. The QMP is subject to CALTRANS review and concurrence.

12. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK-related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements.

Funding

13. The WORK does not use funds administered by CALTRANS. PARTIES will amend this AGREEMENT should this condition change.

14. Each PARTY is responsible for the costs they incur in performing the WORK.

CALTRANS’ Quality Management

15. CALTRANS, as the owner/operator of the State Highway System (SHS), will perform quality management work including Quality Management Assessment (QMA), environmental document quality control, and owner/operator approvals for the portions of WORK within the existing and proposed SHS right-of-way.

16. CALTRANS’ Quality Management Assessment (QMA) efforts are to ensure that CITY's quality assurance results in WORK that is in accordance with the applicable standards and the PROJECT’s quality management plan (QMP). QMA does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK.

When CALTRANS performs QMA, it does so for its own benefit. No one can assign liability to CALTRANS due to its QMA.

17. CALTRANS, as the owner/operator of the State Highway System, will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT.

Item Title: 10.13
Cooperative Agreement with the California Department of Transportation for the Garbani Road / I-215 Interchange, CIP 20-05.

Item Page Number: 9

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January 17, 2024
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Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023)vii of 23

18. Per National Environmental Policy Act (NEPA) assignment and California Environmental Quality Act (CEQA) statutes, CALTRANS will perform environmental document quality control and NEPA assignment review procedures for environmental documentation.

CALTRANS quality control and quality assurance procedures for all environmental documents are described in Chapter 38 of the Standard Environmental Reference (SER), available at https://dot.ca.gov/programs/environmental-analysis/standard-environmental-reference- ser/volume-1-guidance-for-compliance/ch-38-nepa-assignment. This also includes the independent judgment analysis and determination under CEQA that the environmental documentation meets CEQA requirements.

19. CITY will provide WORK-related products and supporting documentation upon CALTRANS’ request for the purpose of CALTRANS’ quality management work.

20. CITY, including any employee, agent, consultant or sub-consultant retained by the CITY, shall implement uniform document control policies necessary to retain all records and electronically stored information associated with the WORK, including but not limited to those records identified in California Public Resources Code, Section 21167.6, and including email and attachments, in a manner consistent with the CALTRANS Uniform Filing System and the “Final Caltrans Environmental Records Retention Policy”, available at https://dot.ca.gov/- /media/dot-media/programs/environmental-analysis/documents/ser/nepa-recordretention- policy-final-a11y.pdf. These records, along with an index of the records, shall be provided to CALTRANS within 60 days of CALTRANS’ written request.

21. The cost of CALTRANS’ quality management work is to be borne by CALTRANS.

CEQA/NEPA Lead Agency

22. CALTRANS is the CEQA Lead Agency for the PROJECT.

23. CALTRANS is the NEPA Lead Agency for the PROJECT.

Environmental Permits, Approvals and Agreements

24. CITY will comply with the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to CITY's responsibilities in this AGREEMENT.

25. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits, agreements, and approvals whether they are identified in the planned project scope of work or become necessary in the course of completing the PROJECT.

Item Title: 10.13
Cooperative Agreement with the California Department of Transportation for the Garbani Road / I-215 Interchange, CIP 20-05.

Item Page Number: 10

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January 17, 2024
Page
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Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023)viii of 23

26. It is expected that the PROJECT requires the following environmental permits/approvals:

ENVIRONMENTAL PERMITS/REQUIREMENTS
404, US Army Corps Of Engineers
401, Regional Water Quality Control Board
National Pollutant Discharge Elimination System (NPDES), State Water Resources Control Board
1602 California Department of Fish and Wildlife
Air Quality Permits
Project Approval and Environmental Document (PA&ED)

27. As the PA&ED IMPLEMENTING AGENCY, CITY is responsible for all PA&ED WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

Item Title: 10.13
Cooperative Agreement with the California Department of Transportation for the Garbani Road / I-215 Interchange, CIP 20-05.

Item Page Number: 11

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January 17, 2024
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Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023)ix of 23

28. CALTRANS will be responsible for completing the following PA&ED activities:

CALTRANS Work Breakdown Structure Identifier (If Applicable) 100.10.10.xx Quality Management
165.15.15.xx Essential Fish Habitat Consultation
165.15.15.xx Section 7 Consultation
165.25.25 Approval to Circulate Resolution
175.20 Project Preferred Alternative
180.10.05.05.xx CEQA Lead Final Env. Doc QA/QC and Approval 180.10.05.45 Section 7 Consultation
180.15.05 Record of Decision (NEPA)
180.15.10 Notice of Determination (CEQA)

29. Any PARTY preparing environmental documentation, including studies and reports, will ensure that qualified personnel remain available to help resolve environmental issues and perform any necessary work to ensure that the PROJECT remains in environmental compliance.

30. CITY will provide written notice of the initiation of environmental studies to the CEQA and NEPA Lead Agencies prior to completing any other PA&ED phase work.

California Environmental Quality Act (CEQA)

31. Environmental documentation will be prepared in compliance with the California Public Resources Code §§ 21080.3.1(d) & (e). CALTRANS will provide, and CITY will use, a letter template and a list of California Native American tribes requesting notification. CITY will prepare consultation documentation for CALTRANS’ signature and transmittal in compliance with the statutorily required time frames.

32. The CEQA Lead Agency will determine the type of CEQA documentation and will cause that documentation to be prepared in accordance with CEQA requirements.

Item Title: 10.13
Cooperative Agreement with the California Department of Transportation for the Garbani Road / I-215 Interchange, CIP 20-05.

Item Page Number: 12

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January 17, 2024
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Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023)x of 23

33. Any PARTY involved in the preparation of CEQA documentation will prepare the documentation to meet CEQA requirements and follow the CEQA Lead Agency’s standards that apply to the CEQA process.

34. Any PARTY preparing any portion of the CEQA documentation, including any studies and reports, will submit that portion of the documentation to the CEQA Lead Agency for review, comment, and approval at appropriate stages of development prior to public availability.

35. CITY will submit CEQA-related public notices to CALTRANS for review, comment, and approval prior to publication and circulation.

36. CITY will submit all CEQA-related public meeting materials to the CEQA Lead Agency for review, comment, and approval at least ten (10) working days prior to the public meeting date.

If the CEQA Lead Agency makes any changes to the materials, then the CEQA Lead Agency will allow CITY to review, comment, and concur on those changes at least three (3) working days prior to the public meeting date. The CEQA Lead Agency has final approval authority over all CEQA documentation.

37. The CEQA Lead Agency will attend all CEQA-related public meetings.

38. If a PARTY who is not the CEQA Lead Agency holds a public meeting about the PROJECT, that PARTY must clearly state its role in the PROJECT and the identity of the CEQA Lead Agency on all meeting publications. All meeting publications must also inform the attendees that public comments collected at the meetings are not part of the CEQA public review process.

That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and materials to the CEQA Lead Agency for review, comment, and approval at least ten (10) working days prior to publication or use. If that PARTY makes any changes to the materials, it will allow the CEQA Lead Agency to review, comment on, and approve those changes at least three (3) working days prior to the public meeting date.

The CEQA Lead Agency maintains final editorial control with respect to text or graphics that could lead to public confusion over CEQA-related roles and responsibilities.

Item Title: 10.13
Cooperative Agreement with the California Department of Transportation for the Garbani Road / I-215 Interchange, CIP 20-05.

Item Page Number: 13

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January 17, 2024
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Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023)xi of 23 National Environmental Policy Act (NEPA)

39. Pursuant to Chapter 3 of Title 23, United States Code, Sections 326 and 327, CALTRANS is the NEPA Lead Agency for the PROJECT. CALTRANS is responsible for NEPA compliance, will determine the type of NEPA documentation, and will cause that documentation to be prepared in accordance with NEPA requirements.

CALTRANS, as the NEPA Lead Agency for PROJECT, is responsible for the review, comment, and approval of all environmental documentation (including, but not limited to, studies, reports, public notices, and public meeting materials, determinations, administrative drafts, and final environmental documents) at appropriate stages of development prior to approval and public availability.

When required as NEPA Lead Agency, CALTRANS will conduct consultation and coordination and obtain, renew, or amend approvals pursuant to the Federal Endangered Species Act, and Essential Fish Habitat.

When required as NEPA Lead Agency, CALTRANS will conduct consultation and coordination approvals pursuant to Section 106 of the National Historic Preservation Act.

40. Any PARTY involved in the preparation of NEPA documentation will follow FHWA and CALTRANS standards that apply to the NEPA process including, but not limited to, the guidance provided in the FHWA Environmental Toolkit (available at http://environment.fhwa.dot.gov/index.asp) and the CALTRANS Standard Environmental Reference.

41. Any PARTY preparing any portion of the NEPA documentation (including, but not limited to, studies, reports, public notices, and public meeting materials, determinations, administrative drafts, and final environmental documents) will submit that portion of the documentation to CALTRANS for CALTRANS’ review, comment, and approval prior to public availability.

42. CITY will prepare, publicize, and circulate all NEPA-related public notices, except Federal Register notices. CITY will submit all notices to CALTRANS for CALTRANS’ review, comment, and approval prior to publication and circulation.

CALTRANS will work with the appropriate federal agency to publish notices in the Federal Register.

43. The NEPA Lead Agency will attend all NEPA-related public meetings.

44. CITY will submit all NEPA-related public meeting materials to CALTRANS for CALTRANS’ review, comment, and approval at least ten (10) working days prior to the public meeting date.

Item Title: 10.13
Cooperative Agreement with the California Department of Transportation for the Garbani Road / I-215 Interchange, CIP 20-05.

Item Page Number: 14

Menifee Mayor and City Council
January 17, 2024
Page
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Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023)xii of 23

45. If a PARTY who is not the NEPA Lead Agency holds a public meeting about the PROJECT, that PARTY must clearly state its role in the PROJECT and the identity of the NEPA Lead Agency on all meeting publications. All meeting publications must also inform the attendees that public comments collected at the meetings are not part of the NEPA public review process.

That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and materials to the NEPA Lead Agency for review, comment, and approval at least ten (10) working days prior to publication or use. If that PARTY makes any changes to the materials, it will allow the NEPA Lead Agency to review, comment on, and approve those changes at least three (3) working days prior to the public meeting date.

The NEPA Lead Agency has final approval authority with respect to text or graphics that could lead to public confusion over NEPA-related roles and responsibilities.

46. CITY will ensure that the PROJECT is included in the approved Federal Statewide Transportation Improvement Program (FSTIP) prior to the NEPA Lead Agency’s approval of the environmental document.

Plans, Specifications, and Estimate (PS&E)

47. As the PS&E IMPLEMENTING AGENCY, CITY is responsible for all PS&E WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

48. CALTRANS will be responsible for completing the following PS&E activities:

CALTRANS Work Breakdown Structure Identifier (If Applicable) 100.15.10.xx Quality Management

49. CITY will prepare Utility Conflict Maps identifying the accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT or that violate CALTRANS’ encroachment policy.

CITY will provide CALTRANS a copy of Utility Conflict Maps for CALTRANS' concurrence prior to issuing the Notices to Owner and executing the utility agreement. All utility conflicts will be addressed in the PROJECT plans, specifications, and estimate.

Item Title: 10.13
Cooperative Agreement with the California Department of Transportation for the Garbani Road / I-215 Interchange, CIP 20-05.

Item Page Number: 15

Menifee Mayor and City Council
January 17, 2024
Page
363 of 932

Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023)xiii of 23

50. CITY will determine the cost to positively identify and locate, accommodate, protect, relocate, or remove any utility facilities whether inside or outside the State Highway System right-of- way in accordance with federal and California laws and regulations, and CALTRANS’ policies, procedures, standards, practices, and applicable agreements including but not limited to Freeway Master Contracts.

51. CALTRANS will not issue the Acceptance of Final Plans, Specifications, and Estimate to CITY until the following conditions are met:
•Any new or amended Maintenance Agreement required for the WORK are executed. •Any new or amended Freeway Agreement required for the WORK are executed.

RIGHT-OF-WAY

52. As the RIGHT-OF-WAY IMPLEMENTING AGENCY, CITY is responsible for all RIGHT- OF-WAY WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

53. CALTRANS will be responsible for completing the following RIGHT-OF-WAY activities:

CALTRANS Work Breakdown Structure Identifier (If Applicable) 100.25.10.xx Quality Management

54. The selection of personnel performing RIGHT-OF-WAY WORK will be in accordance with federal and California laws and regulations, and CALTRANS’ policies, procedures, standards, practices, and applicable agreements.

55. CITY will make all necessary arrangements with utility owners for the timely accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT or that violate CALTRANS’ encroachment policy.

56. CITY will provide CALTRANS a copy of conflict maps, relocation plans, proposed notices to owner, reports of investigation, and utility agreements (if applicable) for CALTRANS' concurrence prior to issuing the notices to owner and executing the utility agreement. All utility conflicts will be fully addressed prior to Right-of-Way Certification and all arrangements for the protection, relocation, or removal of all conflicting facilities will be completed prior to construction contract award and included in the PROJECT plans, specifications, and estimate.

Item Title: 10.13
Cooperative Agreement with the California Department of Transportation for the Garbani Road / I-215 Interchange, CIP 20-05.

Item Page Number: 16

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January 17, 2024
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Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023)xiv of 23

57. CITY will provide a land surveyor licensed in the State of California to be responsible for surveying and right-of-way engineering. All survey and right-of-way engineering documents will bear the professional seal, certificate number, registration classification, expiration date of certificate, and signature of the responsible surveyor.

58. Acquisition of right-of-way will not occur prior to the approval of the environmental document without written approval from the CEQA Lead Agency.

59. CITY will hear and adopt Resolutions of Necessity when authorized to do so by law or will work with local agencies having jurisdiction and authorized under the law to hear and adopt Resolutions of Necessity.

CITY will conduct and document Condemnation Evaluation Meetings and Condemnation Panel Review Meetings as required in accordance with CALTRANS policy and guidance.

CALTRANS will be notified in advance of any Condemnation Evaluation Meetings and Condemnation Panel Review Meetings.

60. If CITY acquires any right-of-way to be incorporated into the State Highway System, CITY will first acquire in its own name.

No right-of-way will be acquired in CALTRANS' name.

Title to the State Highway System right-of-way will ultimately be vested in the State.

CALTRANS’ acceptance of title will occur after the Right-of-Way Closeout activities are complete.

61. CITY will utilize a public agency currently qualified by CALTRANS or a properly licensed consultant for all RIGHT-OF-WAY activities. A qualified right-of-way agent will administer all right-of-way consultant contracts.

CITY will submit a draft Right-of-Way Certification to CALTRANS six weeks prior to the scheduled Right-of-Way Certification milestone date for review.

CITY will submit a final Right-of-Way Certification to CALTRANS for approval prior to the advertising the construction contract.

62. Physical and legal possession of the right-of-way must be completed prior to advertising the construction contract, unless PARTIES mutually agree to other arrangements in writing.

63. CALTRANS’ acceptance of right-of-way title is subject to review of an Updated Preliminary Title Report provided by CITY verifying that the title is free of all encumbrances and liens.

Upon acceptance, CITY will provide CALTRANS with a Policy of Title Insurance in CALTRANS’ name.

Item Title: 10.13
Cooperative Agreement with the California Department of Transportation for the Garbani Road / I-215 Interchange, CIP 20-05.

Item Page Number: 17

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January 17, 2024
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Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023)xv of 23

64. Right-of-way conveyances must be completed prior to WORK completion unless PARTIES mutually agree to other arrangements in writing.

Schedule

65. PARTIES will manage the WORK schedule to ensure the timely use of committed funds and to ensure compliance with any environmental permits, right-of-way agreements, construction contracts, and any other commitments. PARTIES will communicate schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks.

Additional Provisions
Standards

66. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; Federal Highway Administration (FHWA) standards; and CALTRANS standards. CALTRANS standards include, but are not limited to, the guidance provided in the:
•CADD Users Manual
•CALTRANS policies and directives
•Plans Preparation Manual
•Project Development Procedures Manual (PDPM)
•Workplan Standards Guide
•Standard Environmental Reference
•Highway Design Manual
•Right of Way Manual
•Stewardship and Oversight Agreement
•Encroachment Permits Manual
Qualifications

67. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them.

Item Title: 10.13
Cooperative Agreement with the California Department of Transportation for the Garbani Road / I-215 Interchange, CIP 20-05.

Item Page Number: 18

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January 17, 2024
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Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023)xvi of 23 Consultant Selection

68. CITY will invite CALTRANS to participate in the selection of any consultants that participate in the WORK.

Encroachment Permits

69. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within State Highway System (SHS) right-of-way. CITY, their contractors, consultants, agents, and utility owners will not work within the SHS right-of-way without an encroachment permit which specifically allows them to do so. CALTRANS will provide encroachment permits to CITY at no cost. CALTRANS will provide encroachment permits to utility owners at no cost. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail.

70. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK.

Protected Resources

71. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection.

Disclosures

72. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provisions of California Government Code, Section 7921.505(c)(5) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES.

PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without the written consent of the PARTY authorized to release them, unless required or authorized to do so by law.

73. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public records.

Item Title: 10.13
Cooperative Agreement with the California Department of Transportation for the Garbani Road / I-215 Interchange, CIP 20-05.

Item Page Number: 19

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January 17, 2024
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Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023)xvii of 23 Hazardous Materials

74. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law, irrespective of whether it is disturbed by the PROJECT or not.

HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT.

The management activities related to HM-1 and HM-2, including and without limitation, any necessary manifest requirements and disposal facility designations are referred to herein as HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively.

75. If HM-1 or HM-2 is found the discovering PARTY will immediately notify all other PARTIES.

76. CALTRANS, independent of the PROJECT, is responsible for any HM-1 found within the existing State Highway System right-of-way. CALTRANS will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.

CALTRANS, independent of the PROJECT will pay, or cause to be paid, the cost of HM-1 MANAGEMENT related to HM-1 found within the existing State Highway System right-of- way.

77. CITY, independent of the PROJECT, is responsible for any HM-1 found within the PROJECT limits and outside the existing State Highway System right-of-way. CITY will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.

CITY, independent of the PROJECT, will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the PROJECT limits and outside of the existing State Highway System right-of-way.

78. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM‑2 MANAGEMENT within the PROJECT limits.

Item Title: 10.13
Cooperative Agreement with the California Department of Transportation for the Garbani Road / I-215 Interchange, CIP 20-05.

Item Page Number: 20

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January 17, 2024
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Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023)xviii of 23 CITY and CALTRANS will comply with the Soil Management Agreement for Aerially Deposited Lead Contaminated Soils (Soil Management Agreement) executed between CALTRANS and the California Department of Toxic Substances Control (DTSC). Under Section 3.2 of the Soil Management Agreement, CALTRANS and CITY each retain joint and severable liability for noncompliance with the provisions of the Soil Management Agreement.

CITY will assume all responsibilities assigned to CALTRANS in the Soil Management Agreement during PROJECT COMPONENTS for which they are the IMPLEMENTING AGENCY except for final placement and burial of soil within the State right-of-way, per Section 4.5 of the Soil Management Agreement, which is subject to CALTRANS concurrence and reporting to DTSC which will be performed by CALTRANS.

79. CALTRANS’ acquisition or acceptance of title to any property on which any HM-1 or HM-2 is found will proceed in accordance with CALTRANS’ policy on such acquisition.

Claims

80. CITY may accept, reject, compromise, settle, or litigate claims of any consultants or contractors hired to complete WORK without concurrence from the other PARTY.

81. PARTIES will confer on any claim that may affect the WORK or PARTIES’ liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim.

82. If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31.

When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT.

83. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.

84. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with the Local Assistance Procedures Manual, Chapter 10.

Interruption of Work

85. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT right- of-way in a safe and operable condition acceptable to CALTRANS.

Item Title: 10.13
Cooperative Agreement with the California Department of Transportation for the Garbani Road / I-215 Interchange, CIP 20-05.

Item Page Number: 21

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January 17, 2024
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Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023)xix of 23

86. If WORK stops for any reason, each PARTY will continue with environmental commitments included in the environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, and will keep the PROJECT in environmental compliance until WORK resumes.

Penalties, Judgments and Settlements

87. The cost of awards, judgments, fines, interest, penalties, attorney’s fees, and/or settlements generated by the WORK are considered WORK costs.

88. The cost of legal challenges to the environmental process or documentation are considered WORK costs.

89. Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT.

Project Files

90. CITY will furnish CALTRANS with the Project History Files related to the PROJECT facilities on State Highway System within sixty (60) days following the completion of each PROJECT COMPONENT. CITY will assure that the Project History File is prepared and submitted in compliance with the Project Development Procedures Manual, Chapter 7. All material will be submitted neatly in a three-ring binder and in PDF format.

GENERAL CONDITIONS

91. All portions of this AGREEMENT, including the Recitals Section, are enforceable.

Venue

92. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located.

Exemptions

93. All CALTRANS’ obligations and commitments under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC).

Item Title: 10.13
Cooperative Agreement with the California Department of Transportation for the Garbani Road / I-215 Interchange, CIP 20-05.

Item Page Number: 22

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January 17, 2024
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Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023)xx of 23 Indemnification

94. Neither CALTRANS nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under this AGREEMENT.

95. Neither CITY nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.

Non-parties

96. PARTIES do not intend this AGREEMENT to create a third party beneficiary or define duties, obligations, or rights for entities not signatory to this AGREEMENT. PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law.

97. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT.

Ambiguity and Performance

98. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other PARTY. PARTIES waive the provisions of California Civil Code, Section 1654.

A waiver of a PARTY’s performance under this AGREEMENT will not constitute a continuous waiver of any other provision.

Item Title: 10.13
Cooperative Agreement with the California Department of Transportation for the Garbani Road / I-215 Interchange, CIP 20-05.

Item Page Number: 23

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January 17, 2024
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Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023)xxi of 23

99. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary.

Defaults
100. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution.

Dispute Resolution
101. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of CITY will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES’ legal counsel will initiate mediation. PARTIES agree to participate in mediation in good faith and will share equally in its costs.

Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT. However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues.

Except for equitable relief, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first.

PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located. 102. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.

Prevailing Wage
103. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720-1815, and all applicable provisions of California Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts.

Item Title: 10.13
Cooperative Agreement with the California Department of Transportation for the Garbani Road / I-215 Interchange, CIP 20-05.

Item Page Number: 24

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January 17, 2024
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Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023)xxii of 23 Work performed by a PARTY’s own employees is exempt from the Labor Code's Prevailing Wage requirements.

If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the Davis- Bacon and Related Acts, 40 U.S.C. §§ 3141-3148.

When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. WORK performed by a PARTY’s employees is exempt from federal prevailing wage requirements.

Item Title: 10.13
Cooperative Agreement with the California Department of Transportation for the Garbani Road / I-215 Interchange, CIP 20-05.

Item Page Number: 25

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January 17, 2024
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Agreement 08-1779
Project No. 0821000037
Project Development Agreement 2017-02-17/IQA (Created November 30, 2023)xxiii of 23

SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.

The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
Catalino A. Pining III
District Director
Verification of funds and authority:

Corina Harriman
District Budget Manager
Certified as to financial terms and policies:
_
Darwin Salmos
HQ Accounting Supervisor

CITY OF MENIFEE

NOT FOR SIGNATIRES AT THIS TIME
Rebekah Kramer
Acting City Manager
Attest:

Sarah Manwaring
City Clerk
Approved as to form and procedure:

Jeffery T. Melching
Attorney
Item Title: 10.13
Cooperative Agreement with the California Department of Transportation for the Garbani Road / I-215 Interchange, CIP 20-05.

Item Page Number: 26

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CITY OF MENIFEE
SUBJECT: Agreement with Riverside County Flood Control and Water Conservation District for the Romoland Master Drainage Plan Line A-3, Stage 4 and Stage 5 Storm Drain
MEETING DATE: January 17, 2024
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Acting Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute a Cooperative Agreement with Riverside County Flood Control and Water Conservation District for the construction, ownership, operation, and maintenance of the Romoland Master Drainage Plan (MDP) Line A-3, Stage 4 and Stage 5 Storm Drain, located along Varela Lane between Palomar Road and Malone Avenue.

DISCUSSION
The Riverside County Flood Control and Water Conservation District (RCFC & WCD) is planning to design, construct, and operate flood control facilities that are part of the Romoland MDP Line A. The proposed storm drain facilities will provide flood protection for residents, business owners, and future development in the Romoland area, and reduce the Federal Emergency Management Agency (FEMA) floodplain limits along the main Line A. The flood control facilities are identified as Line A-3, Stage 4, and Stage 5. The facilities are located along Varela Lane between Palomar Road and Malone Avenue as shown on the attached Project Map.

The storm drain lines included in the attached Cooperative Agreement are listed below:
•Line A-3, Stage 4 is comprised of approximately 3,919 lineal feet of underground storm drain and open channel along Varela Lane from Palomar Road to Cumming Avenue. •Line A-3, Stage 5 is comprised of approximately 2,583 lineal feet of underground storm drain and open channel along Varela Lane from Cumming Avenue to Malone Avenue. •Line A-3a is comprised of approximately 1,331 lineal feet of underground storm drain along Menifee Road from Varela Lane to Watson Road.
•Line A-3d is comprised of approximately 1,466 lineal feet of underground storm drain along Malone Avenue from Varela Lane to Watson Road.

Item Title: 10.14
Agreement with Riverside County Flood Control and Water Conservation District for the Romoland Master Drainage Plan Line A-3, Stage 4 and Stage 5 Storm Drain Item Page Number: 1

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January 17, 2024
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City of Menifee Staff Report
Cooperative Agreement - Romoland MPD Line A-3, Stage 4 & 5 January 17, 2024

Page 2 of 2 ends

1 9
8 6
The described facilities would be owned and operated by the RCFC & WCD and are identified in the agreements as District Facilities. The City would be responsible for the maintenance of appurtenances (“City Facilities”) associated with District Facilities including catch basins, connector pipes and storm drain lines that are 36 inches, or less, in diameter.

The various District Facilities and City Facilities are together called the “Project” in the proposed Cooperative Agreement (“Agreement”). The Agreement memorializes the roles and responsibilities of each party in the construction, inspection, ownership, operation and maintenance of the District Facilities and the City Facilities. The Agreement has been reviewed and approved by both the City Attorney and Riverside County’s legal counsel. Following City Council action, the Agreement would be presented to the Riverside County Board of Supervisors and, upon approval by both bodies, the Agreement would be executed.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. All costs incurred in constructing the Project would be borne by RCFC & WCD. Upon acceptance of the Project, RCFC & WCD would be responsible for the operation and maintenance of the District Facilities, and the City would be responsible for the maintenance of City Facilities. Costs associated with the maintenance of City Facilities would be established in future fiscal year operating budgets.

ATTACHMENTS

1. Project Map

2. Agreement
Item Title: 10.14
Agreement with Riverside County Flood Control and Water Conservation District for the Romoland Master Drainage Plan Line A-3, Stage 4 and Stage 5 Storm Drain Item Page Number: 2

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January 17, 2024
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© 2022 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS ROMOLAND MDP LINE A-3, STAGES 4 AND 5
LINE A-3STAGE 4LINE A-3STAGE 5
LINE A-3a
LINE A-3d
EXHIBIT ACOOPERATIVE AGREEMENTPROJECT No. 4-0-0431

MENIFEE RD

CUMMING AVE

MALAGA RD

MALONE AVE

PALOMAR RD

WATSON RD

VARELA LN
HWY 74

VICINITY MAP

PROJECT MAP
Item Title: 10.14
Agreement with Riverside County Flood Control and Water Conservation District for the Romoland Master Drainage Plan Line A-3, Stage 4 and Stage 5 Storm Drain
Item Page Number: 3

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January 17, 2024
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253075

COOPERATIVE AGREEMENT
Romoland MDP Line A-3, Stage 4
Romoland MDP Line A-3, Stage 5
Romoland MDP Line A-3a
Romoland MDP Line A-3d
Project Nos. 4-0-00431, 4-0-00466 and 4-0-00470
This Cooperative Agreement ("Agreement"), dated as of __________________, is entered into by the Riverside County Flood Control and Water Conservation District, a body politic ("DISTRICT") and the City of Menifee, a California municipal corporation ("CITY").

DISTRICT and CITY are collectively referred to herein as "Parties" and individually as "Party".

The Parties hereby agree as follows:

RECITALS
A. DISTRICT has budgeted for and plans to design, construct and subsequently operate and maintain certain flood control facilities to collect and convey stormwater runoff from the area to Romoland MDP Line A and the San Jacinto River, provide flood protection for residents, business owners and future development and reduce the Federal Emergency Management Agency ("FEMA") floodplain limits along the mainline storm drain; and B. These certain flood control facilities are identified in DISTRICT's Romoland Master Drainage Plan ("MDP"), as shown in concept in red on Exhibit "A" attached hereto and made a part hereof, and as shown on DISTRICTꞌs Drawing No. 4-1192, generally consisting of the following segments DISTRICT proposes to construct:
i. Romoland MDP Line A-3, Stage 4 ("STAGE 4") – approximately 3,919 lineal feet of underground reinforced concrete box and open channel from Palomar to Cumming Avenue;
ii. Romoland MDP Line A-3, Stage 5 ("STAGE 5") – approximately 2,583 - 1 -
Item Title: 10.14
Agreement with Riverside County Flood Control and Water Conservation District for the Romoland Master Drainage Plan Line A-3, Stage 4 and Stage 5 Storm Drain Item Page Number: 4

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January 17, 2024
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253075
lineal feet of underground reinforced concrete box and open channel from Cumming Avenue to Malone Avenue;
iii. Romoland MDP Line A-3a ("LINE A-3A") – approximately 1,331 lineal feet of underground reinforced concrete pipe on Menifee Road from Varela Lane to Watson Road;
iv. Romoland MDP Line A-3d ("LINE A-3D") – approx. 1,466 lineal feet of underground reinforced concrete box and reinforced concrete pipe on Malone Avenue from Varela Lane to Watson Road; and
v. STAGE 4, STAGE 5, LINE A-3A and LINE A-3D are called LINE A- 3 STAGES 4 and 5. At its downstream terminus, LINE A-3 STAGES 4 and 5 will connect to DISTRICT's Romoland MDP Line A-3, Stage 3 facility as shown on DISTRICT's Drawing No. 4-1119; and
C. Associated with the construction of LINE A-3 STAGES 4 and 5 is the construction of various catch basins, drop inlets, connector pipes, earthen swales and storm drains that are thirty-six inches (36") or less in diameter located within CITY rights of way, and as shown on DISTRICT's Drawing No. 4-1192 (the "APPURTENANCES"); and D. Together, LINE A-3 STAGES 4 and 5 and APPURTENANCES are hereinafter called "PROJECT"; and
E. DISTRICT and CITY acknowledge it is in the best interest of the public to proceed with the construction of PROJECT at the earliest possible date; and F. The purpose of this Agreement is to memorialize the mutual understandings and obligations by and between DISTRICT and CITY with respect to design, construction, inspection, ownership, and operation and maintenance of PROJECT. - 2 -
Item Title: 10.14
Agreement with Riverside County Flood Control and Water Conservation District for the Romoland Master Drainage Plan Line A-3, Stage 4 and Stage 5 Storm Drain Item Page Number: 5

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253075
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties hereto mutually agree as follows:

SECTION I
DISTRICT shall:

1. Pursuant to the California Environmental Quality Act ("CEQA"), act as Lead Agency and assume responsibility for preparation, circulation and adoption of all necessary and appropriate CEQA documents pertaining to the construction, operation and maintenance of PROJECT.

2. ("IMPROVEMENT PLANS"), in accordance with applicable DISTRICT and CITY standards.

3. At its sole cost and expense, prepare, or cause to be prepared, all rights of Prepare, or cause to be prepared, plans and specifications for PROJECT way and easements documents, legal and plats, aerial topography and survey control, including any requests for waivers and variances from policies ("RIGHTS OF WAY"), deemed necessary for the construction, operation and maintenance of LINE A-3 STAGES 4 and 5.

4. Prior to advertising PROJECT for public works construction contract bids, submit IMPROVEMENT PLANS to CITY for its review and approval.

5. Advertise, award and administer a Public Works construction contract of the bids for PROJECT pursuant to the applicable provisions of the California Public Contract Code.

6. Prior to commencing construction, secure all necessary permits, approvals or agreements required by any federal, state and local resource or regulatory agencies pertaining to PROJECT. Such documents may include, but are not limited to, a Section 404 permit issued by the U.S. Army Corps of Engineers, a Section 401 Water Quality Certification issued by the California Regional Water Quality Control Board ("CRWQCB"), a Streambed Alteration Agreement issued by the California Department of Fish and Wildlife, and a National Pollutant - 3 -
Item Title: 10.14
Agreement with Riverside County Flood Control and Water Conservation District for the Romoland Master Drainage Plan Line A-3, Stage 4 and Stage 5 Storm Drain Item Page Number: 6

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Discharge Elimination System Permit issued by the State Water Resources Control Board or CRWQCB and Western Riverside County Regional Conservation Authority ("REGULATORY PERMITS").

7. Prior to commencing construction, secure all necessary rights of way, rights of entry, temporary and permanent construction easements necessary to construct, inspect PROJECT and the subsequent operation and maintenance of LINE A-3 STAGES 4 and 5.

8. Within thirty (30) days of awarding PROJECT construction contract, pay the Western Riverside County Regional Conservation Authority the costs associated with the Multiple Species Habitat Conservation Plan ("MSHCP"), which is either the lesser of (i) three percent (3%) of the lowest responsible bid price, or (ii) three percent (3%) of lowest responsible bid price less the value of applicable project-specific mitigation.

9. Be responsible for any and all additional regulatory, mitigation and/or litigation costs, and/or mitigation measures to PROJECT resulting from this Agreement and/or Permits.

10. Assume sole responsibility for compliance with the requirements of all REGULATORY PERMITS, including any amendments thereto, pertaining to the construction, operation and maintenance of PROJECT.

11. Provide CITY, within a reasonable timeframe, with written notice that DISTRICT has awarded a construction contract for PROJECT.

12. Prior to commencing PROJECT construction, schedule and conduct a pre- construction meeting between DISTRICT, CITY and other affected entities. DISTRICT shall notify CITY at least twenty (20) calendar days prior to conducting the pre-construction meeting.

13. Furnish CITY, at the time of providing written notice for the pre- construction meeting as set forth in Section I.12., with a construction schedule which shall show - 4 -
Item Title: 10.14
Agreement with Riverside County Flood Control and Water Conservation District for the Romoland Master Drainage Plan Line A-3, Stage 4 and Stage 5 Storm Drain Item Page Number: 7

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the order and dates in which DISTRICT or DISTRICTꞌs contractor proposes to carry on the various parts of work, including estimated start and completion dates.

14. Require its construction contractor(s) to comply with all Cal/OSHA safety regulations including regulations concerning confined space and maintain a safe working environment for all DISTRICT and CITY employees and/or agents on the site.

15. Require its construction contractor(s) to include CITY as an additional insured under the liability insurance coverage for PROJECT, and also require its construction contractor(s) to include CITY as a third-party beneficiary of any and all warranties of the contractor's work with regard to the APPURTENANCES.

16. Construct, or cause to be constructed, PROJECT pursuant to a DISTRICT administered Public Works construction contract, in accordance with DISTRICT and CITY approved IMPROVEMENT PLANS.

17. Inspect, or cause to be inspected, construction of PROJECT.

18. Within two (2) weeks of completing PROJECT construction, provide CITY with written notice that PROJECT construction is substantially complete and requesting that (i) CITY conduct a final inspection of APPURTENANCES, at CITY's sole cost and expense, and (ii) subsequently assume ownership and responsibility for operation and maintenance of APPURTENANCES.

19. Upon DISTRICT's acceptance of PROJECT construction as complete, provide CITY with a copy of DISTRICT's Notice of Completion.

20. Upon CITYꞌs acceptance of APPURTENANCES for ownership, operation and maintenance, provide CITY with a reproducible duplicate set of "record drawings" of PROJECT plans.
- 5 -
Item Title: 10.14
Agreement with Riverside County Flood Control and Water Conservation District for the Romoland Master Drainage Plan Line A-3, Stage 4 and Stage 5 Storm Drain Item Page Number: 8

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21. Accept ownership and sole responsibility for the operation and maintenance of LINE A-3 STAGES 4 & 5.

22. Ensure that all work performed pursuant to this Agreement by DISTRICT, its agents or contractors is done in accordance with all applicable laws and regulations, including but not limited to all applicable provisions of the Labor Code, Business and Professions Code, and Water Code. DISTRICT shall be solely responsible for all costs associated with compliance with applicable laws and regulations.

SECTION II
CITY shall:

1. Act as a Responsible Agency under CEQA, taking all necessary and appropriate action to comply with CEQA.

2. Review and approve, as appropriate, IMPROVEMENT PLANS prior to DISTRICT's advertising PROJECT for construction bids and pay all costs associated therewith.

3. Grant DISTRICT, by execution of this Agreement, all rights necessary to (i) access, construct and inspect PROJECT, and (ii) operate and maintain any portions of LINE A-3 STAGES 4 & 5 within CITY rights of way or easements.

4. encroachment permit(s) required to construct PROJECT, in CITY's reasonable discretion.

5. As authorized by law, order the relocation of all utilities installed by permit Issue, at no cost to DISTRICT or DISTRICT's contractor, the necessary or franchise within CITY rights of way which conflict with the construction of PROJECT and which must be relocated at the utility owner's expense.

6. Order the relocation of all CITY owned utilities within CITY rights of way that conflict with the construction of PROJECT, which shall be relocated at CITY's expense, if any.
- 6 -
Item Title: 10.14
Agreement with Riverside County Flood Control and Water Conservation District for the Romoland Master Drainage Plan Line A-3, Stage 4 and Stage 5 Storm Drain Item Page Number: 9

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7. CITY personnel may observe and inspect all work being done on PROJECT construction for quality control purposes at its sole cost, and will provide any comments to DISTRICT personnel who shall be solely responsible for all quality control communications with DISTRICT's contractor(s) during the construction of PROJECT.

8. Upon receipt of DISTRICT's written notice that PROJECT construction is substantially complete as set forth in Section I.18, conduct a final inspection of APPURTENANCES.

9. Accept ownership and sole responsibility for the operation and maintenance of APPURTENANCES upon: (i) receipt of DISTRICT's Notice of Completion as set forth in Section I.19; (ii) receipt of a reproducible duplicate set of "record drawings" of PROJECT plans as set forth in Section I.20; and (iii) CITY's review and approval of the APPURTENANCES; such approval can be given in CITY's sole and absolute discretion.

10. Upon CITY's receipt of Notice of Completion, accept sole responsibility for the adjustment of all PROJECT manhole rings and covers located within CITY rights of way and jurisdiction which must be performed at such time(s) that the finished grade along and above the underground portions of PROJECT are improved, repaired, replaced or changed. It being further understood and agreed that any such adjustments shall be performed at no cost to DISTRICT.

SECTION III
It is further mutually agreed:

1. Except as otherwise provided herein, all construction work involved with PROJECT shall be inspected by DISTRICT and CITY and shall not be deemed complete until approved and accepted as complete by DISTRICT and CITY.

2. DISTRICT shall indemnify, defend, save and hold harmless CITY (including its officers, elected and appointed officials, employees, agents, representatives, - 7 -
Item Title: 10.14
Agreement with Riverside County Flood Control and Water Conservation District for the Romoland Master Drainage Plan Line A-3, Stage 4 and Stage 5 Storm Drain Item Page Number: 10

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independent contractors, and subcontractors) from any liabilities, claim, damage, proceeding or action, present or future, based upon, arising out of or in any way relating to DISTRICT's (including its officers, Board of Supervisors, elected and appointed officials, employees, agents, representatives, independent contractors, and subcontractors) acts or omissions related to this Agreement, performance under this Agreement, or failure to comply with the requirements of this Agreement, including but not limited to: (a) property damage; (b) bodily injury or death (c) payment of reasonable attorney's fees; or (d) any other element of any kind or nature whatsoever.

3. CITY shall indemnify, defend, save and hold harmless DISTRICT (including its officers, Board of Supervisors, elected and appointed officials, employees, agents, representatives, independent contractors, and subcontractors) from any liabilities, claim, damage, proceeding or action, present or future, based upon, arising out of or in any way relating to CITY's (including its officers, elected and appointed officials, employees, agents, representatives, independent contractors, and subcontractors) acts or omissions related to this Agreement, performance under this Agreement, or failure to comply with the requirements of this Agreement, including but not limited to: (a) property damage; (b) bodily injury or death; (c) payment of reasonable attorney's fees; or (d) any other element of any kind or nature whatsoever.

4. Any waiver by DISTRICT or by CITY of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term hereof. Failure on the part of DISTRICT or CITY to require exact, full and complete compliance with any terms of this Agreement shall not be construed as in any manner changing the terms hereof, or estopping DISTRICT or CITY from enforcement hereof.

5. This Agreement is to be construed in accordance with the laws of the State of California.
- 8 -
Item Title: 10.14
Agreement with Riverside County Flood Control and Water Conservation District for the Romoland Master Drainage Plan Line A-3, Stage 4 and Stage 5 Storm Drain Item Page Number: 11

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6. Any and all notices sent or required to be sent to the Parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT
1995 Market Street

CITY OF MENIFEE
29844 Haun Road
Menifee, CA 92586
Riverside, CA 92501 Attn: Nicolas Fidler
Attn: Design III Section Public Works Director

7. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

8. This Agreement is the result of negotiations between the Parties hereto, and the advice and assistance of their respective counsel. The authorship of this Agreement shall have no import or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.

9. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right or action based upon the provisions of this Agreement.

10. Any action at law or in equity brought by any of the Parties hereto for the purpose of enforcing a right or rights provided for by the Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.

11. DISTRICT and CITY each pledge to cooperate in regard to the operation and maintenance of their respective facility as set forth herein and to discharge their respective maintenance responsibilities in an expeditious fashion so as to avoid the creation of any nuisance condition or undue maintenance impact upon the others' facility. - 9 -
Item Title: 10.14
Agreement with Riverside County Flood Control and Water Conservation District for the Romoland Master Drainage Plan Line A-3, Stage 4 and Stage 5 Storm Drain Item Page Number: 12

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12. DISTRICT and CITY shall not assign this Agreement without the written consent of the other Party.

13. This Agreement is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral and written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the Parties hereto.

14. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Each Party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. CUETA authorizes use of an electronic signature for transactions and contracts among Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the Party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code. //
//
- 10 -
Item Title: 10.14
Agreement with Riverside County Flood Control and Water Conservation District for the Romoland Master Drainage Plan Line A-3, Stage 4 and Stage 5 Storm Drain Item Page Number: 13

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on .
(to be filled in by Clerk of the Board)

RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICTRECOMMENDED FOR APPROVAL:

By By
JASON E. UHLEY KAREN SPIEGEL, Chair
General Manager-Chief Engineer Riverside County Flood Control and Water Conservation District Board of Supervisors
APPROVED AS TO FORM: ATTEST:

MINH C. TRAN
County Counsel

KIMBERLY RECTOR
Clerk of the Board
By By
RYAN YABKO Deputy
Deputy County Counsel
(SEAL)
Cooperative Agreement with City of Menifee
Romoland MDP Line A-3, Stage 4
Romoland MDP Line A-3, Stage 5
Romoland MDP Line A-3a
Romoland MDP Line A-3d
Project Nos. 4-0-00431, 4-0-00466 and 4-0-00470
10/02/23
AMR:blm
- 11 -
Item Title: 10.14
Agreement with Riverside County Flood Control and Water Conservation District for the Romoland Master Drainage Plan Line A-3, Stage 4 and Stage 5 Storm Drain Item Page Number: 14

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RECOMMENDED FOR APPROVAL: CITY OF MENIFEE
By By

NICK FIDLER
Public Works Director

REBEKAH KRAMER
Acting City Manager
APPROVED AS TO FORM: ATTEST:

By By
JEFFREY T. MELCHING
City Attorney

SARAH MANWARING
City Clerk
(SEAL)
Cooperative Agreement with City of Menifee
Romoland MDP Line A-3, Stage 4
Romoland MDP Line A-3, Stage 5
Romoland MDP Line A-3a
Romoland MDP Line A-3d
Project Nos. 4-0-00431, 4-0-00466 and 4-0-00470
10/02/23
AMR:blm
- 12 -
Item Title: 10.14
Agreement with Riverside County Flood Control and Water Conservation District for the Romoland Master Drainage Plan Line A-3, Stage 4 and Stage 5 Storm Drain Item Page Number: 15

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January 17, 2024
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PALOMAR RD

MENIFEE RD
LINE A-3a

CUMMING AVE

MALAGA RD

MALONE AVE
LINE A-3d
Item Title: 10.14
Agreement with Riverside County Flood Control and Water Conservation District for the Romoland Master Drainage Plan Line A-3, Stage 4 and Stage 5 Storm Drain Item Page Number: 16

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January 17, 2024
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CITY OF MENIFEE
SUBJECT: Acceptance of Landscape Improvements and License Agreement for Tract Maps 30142 and 30142-2, Hidden Hills by KB Homes Coastal
MEETING DATE: January 17, 2024
TO: Mayor and City Council
PREPARED BY: Chris Heron, Assistant Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the landscape improvements for Tracts 30142 and 30142-2, Hidden Hills by KB Homes Coastal, located east of Murrieta Road and south of Craig Avenue; and

2. Approve and authorize the City Manager to execute a license agreement with the Hidden Hills Homeowners Association (“HOA”) authorizing the HOA to perform maintenance on designated facilities within public right-of-way.

DISCUSSION
KB Home Coastal is the developer (“Developer”) of Hidden Hills (“Project”), a residential development located east of Murrieta Road and south of Craig Avenue, as shown in the attached project map. Tract Map (“TM”) 30142 consists of 53.67 gross acres of land subdivided into 202 lots for residential use and TM 30142-2 consists of 65.94 gross acres of land subdivided into 195 residential lots. The Developer constructed backbone improvements for streets, drainage, water, and sewer systems that were previously accepted by the City on November 2, 2022.

The Developer has now completed the landscaping improvements on open space lots 198, 199, and 202 of Tract 30142-2, and Lots 204 to 207, 210, 212, and 215 of Tract 30142. The Developer is requesting acceptance of the completed landscape improvements into the City’s maintenance system. Staff have inspected the completed landscape improvements, determined that the improvements have been constructed in accordance with City specifications and standards, and verified that all project conditions of approval have been met.

The Project’s conditions of approval require that the Developer annex certain public facilities and open spaces into the City’s community facilities district (CFD) for maintenance purposes. CFD Item Title: 10.15
Acceptance of Landscape Improvements and License Agreement for Tract Maps 30142 and 30142-2, Hidden Hills by KB Homes Coastal
Item Page Number: 1

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City of Menifee Staff Report
Landscape Acceptance, Hidden Hills TM30142 and 30142-2
January 17, 2024

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1 8
0 0
2012-2 was previously established for the Project with specific areas of maintenance responsibility designated for the City and other areas designated to be maintained by the HOA.

There are facilities designated as HOA-maintained that fall within public right-of-way that are located within TM30142 and TM30142-2 entrances on Yeoman Place, Quilt Way, and Beth Avenue.

The attached license agreement (“Agreement”) is proposed to permit the HOA to maintain specific landscape areas located in public right-of-way. HOA responsibility would include payment of electric and water services associated with these areas. If approved, the proposed Agreement would take effect immediately.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The Developer has paid all necessary fees and deposits to cover the costs of the required inspection of the completed public landscape improvements. Ongoing costs for the City maintained improvements will be supported through approved Fiscal Years 2023/2024 and 2024/2025 operating budgets in CFD 2012-2.

ATTACHMENTS

1. Project Map

2. Agreement
Item Title: 10.15
Acceptance of Landscape Improvements and License Agreement for Tract Maps 30142 and 30142-2, Hidden Hills by KB Homes Coastal
Item Page Number: 2

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January 17, 2024
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Item Title: 10.15
Acceptance of Landscape Improvements and License Agreement for Tract Maps 30142 and 30142-2, Hidden Hills by KB Homes Coastal Item Page Number: 3

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January 17, 2024
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Legend:
-City Accepted/Maintained
- HOA Maintained

PROJECT MAP
Item Title: 10.15
Acceptance of Landscape Improvements and License Agreement for Tract Maps 30142 and 30142-2, Hidden Hills by KB Homes Coastal Item Page Number: 4

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January 17, 2024
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Item Title: 10.15
Acceptance of Landscape Improvements and License Agreement for Tract Maps 30142 and 30142-2, Hidden Hills by KB Homes Coastal
Item Page Number: 5

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January 17, 2024
Page
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Item Title: 10.15
Acceptance of Landscape Improvements and License Agreement for Tract Maps 30142 and 30142-2, Hidden Hills by KB Homes Coastal
Item Page Number: 6

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January 17, 2024
Page
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Item Title: 10.15
Acceptance of Landscape Improvements and License Agreement for Tract Maps 30142 and 30142-2, Hidden Hills by KB Homes Coastal
Item Page Number: 7

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January 17, 2024
Page
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Item Title: 10.15
Acceptance of Landscape Improvements and License Agreement for Tract Maps 30142 and 30142-2, Hidden Hills by KB Homes Coastal
Item Page Number: 8

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January 17, 2024
Page
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Item Title: 10.15
Acceptance of Landscape Improvements and License Agreement for Tract Maps 30142 and 30142-2, Hidden Hills by KB Homes Coastal
Item Page Number: 9

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Page
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Item Title: 10.15
Acceptance of Landscape Improvements and License Agreement for Tract Maps 30142 and 30142-2, Hidden Hills by KB Homes Coastal
Item Page Number: 10

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Page
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Item Title: 10.15
Acceptance of Landscape Improvements and License Agreement for Tract Maps 30142 and 30142-2, Hidden Hills by KB Homes Coastal
Item Page Number: 11

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Page
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Item Title: 10.15
Acceptance of Landscape Improvements and License Agreement for Tract Maps 30142 and 30142-2, Hidden Hills by KB Homes Coastal
Item Page Number: 12

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Page
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Item Title: 10.15
Acceptance of Landscape Improvements and License Agreement for Tract Maps 30142 and 30142-2, Hidden Hills by KB Homes Coastal
Item Page Number: 13

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Page
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Item Title: 10.15
Acceptance of Landscape Improvements and License Agreement for Tract Maps 30142 and 30142-2, Hidden Hills by KB Homes Coastal
Item Page Number: 14

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Item Title: 10.15
Acceptance of Landscape Improvements and License Agreement for Tract Maps 30142 and 30142-2, Hidden Hills by KB Homes Coastal
Item Page Number: 15

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Page
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Item Title: 10.15
Acceptance of Landscape Improvements and License Agreement for Tract Maps 30142 and 30142-2, Hidden Hills by KB Homes Coastal
Item Page Number: 16

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Page
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Item Title: 10.15
Acceptance of Landscape Improvements and License Agreement for Tract Maps 30142 and 30142-2, Hidden Hills by KB Homes Coastal
Item Page Number: 17

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January 17, 2024
Page
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Item Title: 10.15
Acceptance of Landscape Improvements and License Agreement for Tract Maps 30142 and 30142-2, Hidden Hills by KB Homes Coastal
Item Page Number: 18

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Page
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Item Title: 10.15
Acceptance of Landscape Improvements and License Agreement for Tract Maps 30142 and 30142-2, Hidden Hills by KB Homes Coastal
Item Page Number: 19

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CITY OF MENIFEE
SUBJECT: Agreement and Bond Replacement for Palomar Road & Matthews Road Improvements fronting Rinker Materials by Contech Engineered Solutions, LLC
MEETING DATE: January 17, 2024
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Acting Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute a Public Improvement Agreement to guarantee the completion of required public improvements associated with the Palomar Road and Matthews Road Street Improvements for Rinker Materials by Contech Engineered Solutions, LLC, located east of Palomar Road and north of Matthews Road.

DISCUSSION
Rinker Materials, formerly known as Forterra Pipe and Concrete, is constructing improvements to their property frontage as required by Plot Plan 2018-199 (“Project”). The improvements were required as part of the conditions of approval for a new building at the Forterra site. The Project is located on the east side of Palomar Road and north of Matthews Road as shown on the attached Project Map. The improvement plan for the Project was initially reviewed by the City in 2020 and bonds were provided as required by the Project’s conditions of approval; however, a Public Improvement Agreement (“PIA”) was not executed, and the plans were not approved at that time.

Project ownership has since been transferred to Contech Engineered Solutions, LLC, an Ohio limited liability company (“Developer”). In 2022, the Developer resubmitted improvement plans for review that included additional street improvements, executed the attached PIA, and provided new bonds as required for the street and drainage improvements.

The Developer now requests that the City approve the proposed PIA and accept the replacement bonds provided. The PIA requires that improvement securities be posted to guarantee the completion of the required improvements within 10 months from the City Council approval date of the agreements. Based on the Project’s change of ownership, the increase in the magnitude of Item Title: 10.16
Agreement and Bond Replacement for Palomar Road & Matthews Road Improvements fronting Rinker Materials by Contech Engineered Solutions, LLC
Item Page Number: 1

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January 17, 2024
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City of Menifee Staff Report
Palomar Road and Matthews Road Improvements
January 17, 2024

Page 2 of 2 ends

1 9
7 9
the street improvements, and the replacement bonds provided, the Developer is also requesting full release of the originally posted improvement securities.

Staff has reviewed the Developer’s request and determined that the PIA meets the requirements of the Project’s conditions, confirmed that the new improvement security is adequate for the Project, and verified that the original security held may be released in full. A summary of the replacement security is provided in Table1 below. A summary of the originally posted security eligible for full release is provided in Table No. 2 below.

Table 1- Replacement Public Improvement Security
Improvement Security Faithful Performance Material & Labor Streets and Drainage 30169104 $ 559,500 $ 279,750
Total $ 559,500 $ 279,750
Table 2- Original Public Improvement Security
Improvement Security Faithful Performance Material & Labor Streets and Drainage SU51462 $ 243,000 $ 121,500
Total $ 243,000 $ 121,500

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

ATTACHMENTS

1. Project Map

2. Agreement – Streets and Drainage

3. Replacement Bond

4. Original Bond
Item Title: 10.16
Agreement and Bond Replacement for Palomar Road & Matthews Road Improvements fronting Rinker Materials by Contech Engineered Solutions, LLC
Item Page Number: 2

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January 17, 2024
Page
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VICINITY MAP

PROJECT MAP

PALOMAR ROAD

MATTHEWS ROAD
Item Title: 10.16
Agreement and Bond Replacement for Palomar Road & Matthews Road Improvements fronting Rinker Materials by Contech Engineered Solutions, LLC
Item Page Number: 3

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January 17, 2024
Page
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Item Title: 10.16
Agreement and Bond Replacement for Palomar Road & Matthews Road Improvements fronting Rinker Materials by Contech Engineered Solutions, LLC
Item Page Number: 4

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January 17, 2024
Page
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Item Title: 10.16
Agreement and Bond Replacement for Palomar Road & Matthews Road Improvements fronting Rinker Materials by Contech Engineered Solutions, LLC
Item Page Number: 5

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January 17, 2024
Page
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Item Title: 10.16
Agreement and Bond Replacement for Palomar Road & Matthews Road Improvements fronting Rinker Materials by Contech Engineered Solutions, LLC
Item Page Number: 6

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January 17, 2024
Page
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Item Title: 10.16
Agreement and Bond Replacement for Palomar Road & Matthews Road Improvements fronting Rinker Materials by Contech Engineered Solutions, LLC
Item Page Number: 7

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January 17, 2024
Page
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Item Title: 10.16
Agreement and Bond Replacement for Palomar Road & Matthews Road Improvements fronting Rinker Materials by Contech Engineered Solutions, LLC
Item Page Number: 8

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January 17, 2024
Page
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Item Title: 10.16
Agreement and Bond Replacement for Palomar Road & Matthews Road Improvements fronting Rinker Materials by Contech Engineered Solutions, LLC
Item Page Number: 9

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January 17, 2024
Page
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Item Title: 10.16
Agreement and Bond Replacement for Palomar Road & Matthews Road Improvements fronting Rinker Materials by Contech Engineered Solutions, LLC
Item Page Number: 10

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January 17, 2024
Page
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Item Title: 10.16
Agreement and Bond Replacement for Palomar Road & Matthews Road Improvements fronting Rinker Materials by Contech Engineered Solutions, LLC
Item Page Number: 11

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January 17, 2024
Page
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Item Title: 10.16
Agreement and Bond Replacement for Palomar Road & Matthews Road Improvements fronting Rinker Materials by Contech Engineered Solutions, LLC
Item Page Number: 12

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Item Title: 10.16
Agreement and Bond Replacement for Palomar Road & Matthews Road Improvements fronting Rinker Materials by Contech Engineered Solutions, LLC
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January 17, 2024
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Item Title: 10.16
Agreement and Bond Replacement for Palomar Road & Matthews Road Improvements fronting Rinker Materials by Contech Engineered Solutions, LLC
Item Page Number: 14

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Item Title: 10.16
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Item Page Number: 15

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Item Title: 10.16
Agreement and Bond Replacement for Palomar Road & Matthews Road Improvements fronting Rinker Materials by Contech Engineered Solutions, LLC
Item Page Number: 16

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Item Title: 10.16
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Item Page Number: 17

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Item Title: 10.16
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Item Title: 10.16
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Item Page Number: 20

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Item Title: 10.16
Agreement and Bond Replacement for Palomar Road & Matthews Road Improvements fronting Rinker Materials by Contech Engineered Solutions, LLC
Item Page Number: 21

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Item Title: 10.16
Agreement and Bond Replacement for Palomar Road & Matthews Road Improvements fronting Rinker Materials by Contech Engineered Solutions, LLC
Item Page Number: 22

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Item Title: 10.16
Agreement and Bond Replacement for Palomar Road & Matthews Road Improvements fronting Rinker Materials by Contech Engineered Solutions, LLC
Item Page Number: 23

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Item Title: 10.16
Agreement and Bond Replacement for Palomar Road & Matthews Road Improvements fronting Rinker Materials by Contech Engineered Solutions, LLC
Item Page Number: 24

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January 17, 2024
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Item Title: 10.16
Agreement and Bond Replacement for Palomar Road & Matthews Road Improvements fronting Rinker Materials by Contech Engineered Solutions, LLC
Item Page Number: 25

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January 17, 2024
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PARCEL MAP OR TRACT MAP NO. DATE:

IP:

IMPROVEMENTS
Street/Drainage $ 242,855.75 $ $
*Flood Control $ 0.00 $ $
Dom Wtr EMWD $ 0.00 $ $
Rec Wtr EMWD $ 0.00 $ $
Sewer EMWD $ 0.00 $ $
Total 242,855.75 $ $
Warranty Retention (10%) $
Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements required to construct the above project and the mathmatical extensions, using City's unit costs, are accurate for determining bonding costs
Above amounts do include additional 20% for recordation prior to having signed plans (Ordinance460, Section 10.3E).
9/23/2020
Signature Date
Grant Becklund 23737 12/31/2021
Name Typed or printed RCE# Exp. Date
Civil Engineer's Stamp
*Flood Control Construction Cost Estimate to be provided by Flood Control District. Provide a copy of Flood Control District letter stating cost estmate.

1. Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on "City of Menifee Improvement Requirement Worksheet."

2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amountss. **100% for Flood Control items.

3. For Construction items not covered by "The City of Menifee Improvement Requirements Worksheet", Design Engineer is to provide his opinion of construction cost and use that cost. If City of Menifee Unit Costs are determined to be too low, in the opinion of the design engineer, the higher costs as provided by the Design Engineer should be used.

IP18-003S

CITY OF MENIFEE ENGINEERING DEPARTMENT

CONSTRUCTION COST WORKSHEET
CUP 2018-199E 9/23/2020

FAITHFUL PERFORMANCE MATERIAL & LABOR

SECURITY SECURITY
(100% of Estimated (**50% of Estimated
Construction Costs) Construction Costs)
243,000.00 121,500.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00
243,000.00 121,500.00
24,300.00

DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS *** PLEASE READ INSTRUCTIONS BELOW ***
Grant Becklund
Item Title: 10.16
Agreement and Bond Replacement for Palomar Road & Matthews Road Improvements fronting Rinker Materials by Contech Engineered Solutions, LLC
Item Page Number: 26

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January 17, 2024
Page
435 of 932

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

STREET AND DRAINAGE IMPROVEMENTS

UNIT
PALOMAR ROAD - 30 FT SECTION Area = S.F.

Excavation
Cut (c) = C.Y.

Road area and side slopes to daylight Fill (f) = C.Y.

C.Y. $ 0.40 $ 0.00
C.Y. $ 1.10 $ 0.00
C.Y. $ 2.80 $ 0.00
TON $ 90.00 $ 0.00
Thickness in Feet (0.33' min.) =
C.Y. $ 50.00 $ 0.00
Thickness in Feet =
Ton $ 600.00 $ 0.00
MATTHEWS ROAD - 16 FOOT LANE Area = S.F.

Excavation

2. Projects without a Grading Plan: Cut (c) = C.Y.

Road area and side slopes to daylight Fill (f) = C.Y.

C.Y. $ 0.40 $ 0.00
C.Y. $ 1.10 $ 0.00
C.Y. $ 2.80 $ 0.00
TON $ 90.00 $ 12,234.24
Thickness in Feet (0.33' min.) =
C.Y. $ 50.00 $ 0.00
Thickness in Feet =
Ton $ 600.00 $ 335.64
MATTHEWS ROAD - 6 FOOT SHOULDER Area = S.F.

Excavation

2. Projects without a Grading Plan: Cut (c) = C.Y.

Fill (f) = C.Y.

C.Y. $ 0.40 $ 0.00
C.Y. $ 1.10 $ 0.00
C.Y. $ 2.80 $ 0.00
TON $ 90.00 $ 15,290.35
Thickness in Feet (0.33' min.) =
C.Y. $ 50.00 $ 16,572.44
Thickness in Feet =
Ton $ 600.00 $ 125.87
MATTHEWS ROAD - 16 FOOT LANE Area = S.F.

Excavation

0.00$25.00
0 - (b.) Excavate and Export
- (a.) Excavate and Fill
- (c.) Import and Fill
C.Y. $ 25.00 $ 0.00 Area x 0.50' (hinge point to hinge point)

ITEM QUANTITY UNIT AMOUNT
COST

2. Projects without a Grading Plan
15,104

1. Projects with Grading Plan for Roadway
C.Y. $

1. Projects with Grading Plan for Roadway
7,020
Area x 0.50' (hinge point to hinge point)
Asphalt Concrete (144 lbs/cu.ft)

0.125
Agg Base Class II
If balance, provide (a.) only, either cut or fill
If export, provide (a.)&(b.) a = fill, b = cut - fill
If import, provide (a)&(c), a = cut, c = fill - cut
(Unit costs for (a),(b), & (c) are 20% of actual
costs to assure that work will be corrected to
eliminate hazardous conditions.)
C.Y. $ 25.00 $ 0.00 Area x 0.50' (hinge point to hinge point) Asphalt Emulsion (Fog Seal/Paint Binder)
(1 ton = 240 gals) 15,104

1. Projects with Grading Plan for Roadway
(c.) Import and Fill -
Asphalt Concrete (144 lbs/cu.ft) 136

0.125
Agg Base Class II -
(a.) Excavate and Fill -
(b.) Excavate and Export -
C.Y. $ 25.00 $ 0.00 Area x 0.50' (hinge point to hinge point) 0 Asphalt Emulsion (Fog Seal/Paint Binder)
(1 ton = 240 gals)

0.6 5,664

1. Projects with Grading Plan for Roadway
(c.) Import and Fill -
Asphalt Concrete (144 lbs/cu.ft) 170

0.4166
Agg Base Class II 331
(a.) Excavate and Fill -
(b.) Excavate and Export -

1.58 Asphalt Emulsion (Fog Seal/Paint Binder)
(1 ton = 240 gals)

0.2 Item Title: 10.16
Agreement and Bond Replacement for Palomar Road & Matthews Road Improvements fronting Rinker Materials by Contech Engineered Solutions, LLC
Item Page Number: 27

Menifee Mayor and City Council
January 17, 2024
Page
436 of 932

2. Projects without a Grading Plan: Cut (c) = C.Y.

Fill (f) = C.Y.

C.Y. $ 0.40 $ 0.00
C.Y. $ 1.10 $ 0.00
C.Y. $ 2.80 $ 0.00
TON $ 90.00 $ 40,774.28
Thickness in Feet (0.33' min.) =
C.Y. $ 50.00 $ 44,193.19
Thickness in Feet =
Ton $ 600.00 $ 335.64
L.F. $ 1.00 $ 0.00
S.F. $ 0.50 $ 3,510.00
S.Y. $ 0.60 $ 9,062.40
S.Y. $ 8.00 $ 0.00
L.F. $ 18.00 $ 900.00
L.F. $ 3.00 $ 0.00
L.F. $ 7.50 $ 0.00
L.F. $ 10.00 $ 0.00
EA. $ 250.00 $ 0.00
S.F. $ 0.90 $ 0.00
L.F. $ 14.00 $ 0.00
L.F. $ 16.00 $ 800.00
L.F. $ 12.00 $ 0.00
L.F. $ 10.00 $ 0.00
L.F. $ 15.00 $ 0.00
L.F. $ 8.00 $ 0.00
L.F. $ 10.00 $ 0.00
S.F. $ 10.00 $ 3,000.00
S.F. $ 6.00 $ 1,200.00
S.F. $ 8.00 $ 22,400.00
S.F. $ 6.00 $ 0.00
EA. $ 1,500.00 $ 0.00
EA. $ 2,500.00 $ 2,500.00
L.F. $ 100.00 $ 0.00
L.F. $ 35.00 $ 0.00
L.F. $ 10.00 $ 0.00
L.F. $ 15.00 $ 0.00
L.F. $ 12.00 $ 0.00
EA. $ 1,000.00 $ 0.00
EA. $ 10,000.00 $ 0.00
EA. $ 5,000.00 $ 0.00
EA. $ 150.00 $ 0.00
EA. $ 400.00 $ 1,600.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
S.F. $ 4.00 $ 0.00
S.F. $ 10.00 $ 0.00
EA $ 100.00 $ 0.00
Agg Base Class II 884

1.58 Asphalt Emulsion (Fog Seal/Paint Binder)
(1 ton = 240 gals)

0.6 (a.) Excavate and Fill -
Asphalt Concrete (144 lbs/cu.ft) 453

0.4166
(b.) Excavate and Export -
(c.) Import and Fill -
Grinding A.C. , in place MATTHEWS ROAD 19-INCHES 15,104 Remove A.C. Pavement
Remove Curb and Gutter 50
Sawcut Exist. A.C. Pavement
Cold Plane A.C. Pavement PALOMAR ROAD 7,020
Relocate Mailbox
AC overlay (min. 0.10')
Curb and Gutter (Type A-6)
Remove A.C. Dike
Remove Chain Link Fence
Remove Barricade
Type "D" Curb
A.C. Dike (6")(incl. material & labor)
A.C. Dike (8")(incl. material & labor)
Curb and Gutter (Type A-8) 50
Type "C" Curb
Type "D-1" Curb
P.C.C. Dip Section Std. 307
ADA Access Ramp (w/ new construction)
ADA Access Ramp (in existing improvements) 1
P.C.C. Cross Gutter and Spandrels 300
P.C.C. Sidewalk 200
P.C.C. Driveway Approach 2,800
Chain Link Fence ( 6' )
Relocate Fence
Pipe Gate
Barricades
Metal Beam Guard RailingUtility Trench, one side (Edison, Telephone, Cable) (total length of Streets)
Adjust MH to Grade ( if no sewer plan ) 4
Relocate Power Pole
Street Lights (including conduit)
Adjust Water Valve to Grade ( if no water plan )

LANDSCAPING
Maintenance Walk STD 113
Colored Stamped Concrete
Street Trees ( 15 Gallon )
Item Title: 10.16
Agreement and Bond Replacement for Palomar Road & Matthews Road Improvements fronting Rinker Materials by Contech Engineered Solutions, LLC
Item Page Number: 28

Menifee Mayor and City Council
January 17, 2024
Page
437 of 932

S.F. $ 3.50 $ 0.00
C.Y. $ 27.00 $ 0.00
EA $ 7,000.00 $ 0.00
S.F. $ 10,000.00 $ 0.00
EA $ 3,000.00 $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
EA. $ 200.00 $ 0.00
EA. $ 300.00 $ 0.00
C.Y. $ 400.00 $ 0.00
EA. $ 500.00 $ 0.00
EA $ 2,000.00 $ 0.00
EA $ 2,000.00 $ 0.00
EA $ 2,000.00 $ 0.00
S.F. $ 6.50 $ 0.00
S.F. $ 6.50 $ 0.00
C.Y. $ 400.00 $ 0.00
C.Y. $ 200.00 $ 0.00
C.Y. $ 80.00 $ 0.00
C.Y. $ 90.00 $ 0.00
C.Y. $ 100.00 $ 0.00
C.Y. $ 110.00 $ 0.00
C.Y. $ 100.00 $ 0.00
C.Y. $ 120.00 $ 0.00
C.Y. $ 130.00 $ 0.00
C.Y. $ 140.00 $ 0.00
L.F. $ 113.00 $ 0.00
L.F. $ 132.00 $ 0.00
L.F. $ 153.00 $ 0.00
L.F. $ 178.00 $ 0.00
L.F. $ 204.00 $ 0.00
L.F. $ 235.00 $ 0.00
L.F. $ 40.00 $ 0.00
L.F. $ 50.00 $ 0.00
L.F. $ 60.00 $ 0.00
L.F. $ 70.00 $ 0.00
L.F. $ 80.00 $ 0.00
L.F. $ 100.00 $ 0.00
EA. $ 2,500.00 $ 0.00
EA. $ 4,000.00 $ 0.00
EA. $ 7,500.00 $ 0.00
EA. $ 11,000.00 $ 0.00
EA. $ 14,500.00 $ 0.00
EA. $ 2,500.00 $ 0.00
EA. $ 3,500.00 $ 0.00
EA. $ 4,500.00 $ 0.00
EA. $ 5,000.00 $ 0.00
EA. $ 12,500.00 $ 0.00
EA. $ 12,500.00 $ 0.00
EA. $ 4,500.00 $ 0.00
EA. $ 5,000.00 $ 0.00
EA. $ 6,500.00 $ 0.00
EA. $ 2,700.00 $ 0.00
EA. $ 6,500.00 $ 0.00
C.Y. $ 400.00 $ 0.00
Landscape Fill Material
Water Meter
Electric Meter
Landscape and Irrigation
Remove trees
Cut Off Wall ( Std 2' )
A. C. Overside Drain
Under Sidewalk Drain Std 309

DRAINAGE
Concrete Bulkhead
Slope Anchors for Pipes
Interceptor Drain
R.C. Box Culvert (2 - 3'X5' )
Concrete Channel
Flat Outlet Drainage Structure Std 303
Curb Outlet Drainage Structure Std 308
Terrace Drain & Down Drain
Rip Rap ( 2 Ton ) Method B
Grouted Rip Rap ( 1/4 Ton ) Method B
Grouted Rip Rap ( 1/2 Ton ) Method B
Rip Rap ( 1/4 Ton ) Methob B ( 1.9 tons /CY)
Rip Rap ( 1/2 Ton ) Method B
Rip Rap ( 1 Ton ) Method B
24" R.C.P. round, arch or elliptical
30" R.C.P. round, arch or elliptical
36" R.C.P. round, arch or elliptical
Grouted Rip Rap ( 1 Ton ) Method B
Grouted Rip Rap ( 2 Ton ) Method B
18" R.C.P. round, arch or elliptical
24" C.S.P. or HDPE N12
30" C.S.P. or HDPE N12
36" C.S.P. or HDPE N12
42" R.C.P. round, arch or elliptical
48" R.C.P. round, arch or elliptical
18" C.S.P. or HDPE N12
Catch Basin W=7'
Catch Basin W=14'
Catch Basin W=21'
42" C.S.P. or HDPE N12
48" C.S.P. or HDPE N12
Catch Basin W=4'
Junction Structure No. 2
Junction Structure No. 6
Transition Structure No. 1
Catch Basin W=28'
Inlet Type IX or X
Junction Structure No. 1
Manhole No. 2
Manhole No. 3
Manhole No. 4
Transition Structure No. 2
Transition Structure No. 3
Manhole No. 1
Structural Reinforcement Concrete
Item Title: 10.16
Agreement and Bond Replacement for Palomar Road & Matthews Road Improvements fronting Rinker Materials by Contech Engineered Solutions, LLC
Item Page Number: 29

Menifee Mayor and City Council
January 17, 2024
Page
438 of 932

EA. $ 3,500.00 $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
S.F $ 2.50 $ 0.00
L.F. $ 0.21 $ 0.00
L.F. $ 0.30 $ 0.00
L.F. $ 0.16 $ 0.00
L.F. $ 0.47 $ 0.00
L.F. $ 0.65 $ 0.00
L.F. $ 0.82 $ 0.00
L.F. $ 1.30 $ 0.00
L.F. $ 0.36 $ 0.00
L.F. $ 0.82 $ 0.00
S.F $ 2.70 $ 0.00
S.F $ 2.50 $ 0.00
L.F. $ 0.52 $ 1,040.00
L.F. $ 0.47 $ 0.00
L.F. $ 0.83 $ 0.00
L.F. $ 0.63 $ 1,260.00
L.F. $ 0.78 $ 0.00
L.F. $ 0.97 $ 97.00
L.F. $ 1.13 $ 0.00
L.F. $ 2.83 $ 0.00
S.F $ 3.61 $ 0.00
S.F. $ 2.25 $ 0.00
S.F. $ 3.00 $ 0.00
EA. $ 50.00 $ 0.00
EA. $ 100.00 $ 0.00
EA. $ 275.00 $ 0.00
EA. $ 150.00 $ 0.00
EA. $ 425.00 $ 0.00
EA. $ 250.00 $ 0.00
EA. $ 150.00 $ 0.00
EA. $ 300.00 $ 0.00
EA. $ 60.00 $ 0.00
EA. $ 40.00 $ 0.00
EA. $ 45.00 $ 0.00
EA. $ 3.75 $ 0.00
LS $ 250,000.00 $ 0.00
LS $ 150,000.00 $ 0.00
LS $ 100,000.00 $ 0.00
EA $ 450.00 $ 0.00
EA $ 400.00 $ 0.00
EA $ 500.00 $ 0.00
L.F. $ 25.00 $ 0.00
L.F. $ 30.00 $ 0.00
L.F. $ 35.00 $ 0.00
$ $ 0.00
LS $ 8,000.00 $ 0.00
LS $ 40,000.00 $ 0.00
Headwall for 36" or smaller storm drain

SIGNING, STRIPING AND SIGNALS
Remove Painted Traffic Stripes and Markings
4" Painted Double Solid Stripes
6" Painted Bike Lane Stripes
8" Painted Channelizing Line
4" Painted Solid Stripes
4" Painted Solid Stripes (2 Coats )
4" Painted Broken Stripes
Painted Pavement Markings
Remove Thermoplastic Trafffic Stripes and Markings
4" Thermoplastic Solid Stripes 2,000
12" Painted Crosswalk & Limit Line
Painted One-Way, No Passing
Painted Two-Way Left Turn Lane
8" Thermoplastic Channelizing Line
12" Thermoplastic Crosswalk & Limit Line 100
Thermoplastic One-Way, No Passing
4" Thermoplastic Broken Stripes
4" Thermoplastic Double Solid Stripes
6" Thermoplastic Bike Lane Stripes 2,000
Thermoplastic Cross Walk and Pavement Marking
Remove, Sign, Salvage
Relocate Roadside Sign
Thermoplastic Two-Way Left Turn Lane
Thermoplastic Pavement MarkingsThermoplastic Channelizing Limit Line and Pavement Marking
Stop Sign & Post
Road Sign on existing pole / post (One Post)
Road Sign on existing pole / post (Two Post)
Street Name Sign
Install Sign ( Strap and Saddle Bracket Method)
Install Sign (Mast Arm Hanger Method)
Pavement Marker, Reflective
New Traffic Signal & Lighting (Major Intersection)
New Traffic Signal & Lighting (Minor Intersection)
Object Marker - Modified Type "F" Delineator
Delineator ( Class 1 Type F)
Delineator ( Class 2 )
Install Pull Box (#6)
2" PVC Interconnect Conduit & Cable
3" PVC Interconnect Conduit & Cable
Retrofit of Ex. Traffic Signal & Lighting
6' Round Signal Loops
Install Pull Box (#5)
Design/submittals/review
3" PVC Conduit & Fiber Optic Cable
Survey
Item Title: 10.16
Agreement and Bond Replacement for Palomar Road & Matthews Road Improvements fronting Rinker Materials by Contech Engineered Solutions, LLC
Item Page Number: 30

Menifee Mayor and City Council
January 17, 2024
Page
439 of 932

LS $ 2,500.00 $ 2,500.00
LS $ 10,000.00 $ 10,000.00
A. $ 189,731.05
B. Administrative Contingency (20% x A) $ 37,946.21
C. CM - Inspection - LC (8%) $ 15,178.48
D Streets/Drainage Total (A + B) $ 242,855.75
Subtotal
Mobilization 1
Traffic Control 1
Item Title: 10.16
Agreement and Bond Replacement for Palomar Road & Matthews Road Improvements fronting Rinker Materials by Contech Engineered Solutions, LLC
Item Page Number: 31

Menifee Mayor and City Council
January 17, 2024
Page
440 of 932

CITY OF MENIFEE
SUBJECT: Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.

MEETING DATE: January 17, 2024
TO: Mayor and City Council
PREPARED BY: Chris Heron, Assistant Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Authorize the Public Works Director to accept the public improvements for Banner Village Park, Tract Map 32102, located at the northwest corner of Lindenberger Road and Domenigoni Parkway; and

2. Adopt a resolution approving the Grant Deed and Certificate of Acceptance for Banner Village Park; and

3. Authorize the Public Works Director to release the posted securities per the City’s Standard Policies.

DISCUSSION
Pulte Home Company, LLC. is the developer (“Developer”) of Banner Park (previously known as Menifee Village) (“Project”), a subdivision of 269 single-family residences. The Project is divided into two tract maps including TM32102 and TM32102-1 and is generally located on the northwest side of Domenigoni Parkway at the intersection of Domenigoni Parkway and Lindenberger Road.

As part of the development requirements, the Developer constructed a neighborhood park (Banner Village Park) which includes a restroom, a splash pad, a basketball court, shade structures, a turf field, a picnic area, walkways, and a parking lot. Banner Village Park is situated within Tract 32102-1, a subdivision of 145 single-family residential homes on approximately 32.5 net acres. The park is located on the northwest corner of Lindenberger Road and Domenigoni Parkway, as depicted in the attached project map.

Item Title: 10.17
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.

Item Page Number: 1

Menifee Mayor and City Council
January 17, 2024
Page
441 of 932

City of Menifee Staff Report
Banner Village Park Acceptance – TM 32102
January 17, 2024

Page 2 of 2 ends

1 9
3 3
Banner Village Park is now complete and is conditioned to be dedicated to the City as a public park. The Developer has accordingly requested acceptance of the completed park improvements into the City’s maintenance system.

The Public Works Engineering Department and Community Services Department have inspected the completed improvements, determined that the park improvements have been constructed in accordance with City specifications and standards, and have verified that all project conditions of approval have been met to release the performance security and material and labor security in accordance with City policy. A 10% warranty security would be held from the faithful performance security for a period of one year in accordance with the City Municipal Code. The original posted security improvements are listed in Table 1 below.

Table 1 - Original Posted Security Improvements
Improvement Security No.

Performance / Material
Faithful
Performance
Material and
Labor
Hardscape 0243516 $ 1,418,091 $ 709,045
Landscape 0243516 $ 998,000 $ 499,000
Contingency 0243516 $ 483,218 $ 241,609
CM / Inspection 0243516 $ 193,287 $ 96,645
Total $ 3,092,596 $1,546,299

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The Developer has paid all necessary fees and deposits to cover the costs of the required inspections of the completed improvements. Ongoing maintenance costs for the improvements would be supported through approved Fiscal Years 2023/2024 and 2024/2025 operating budgets in Community Facilities District (CFD) 2017-1, Zone 8.

The current estimated value of the improvements is $3,093,000. This value does not include the value of the real property. Once accepted, these facilities will be added to the City of Menifee Fixed Asset Report Inventory.

ATTACHMENTS

1. Project Map

2. Resolution

3. Exhibit A – Grant Deed

4. Exhibit B – Certificate of Acceptance

5. Improvement Agreement

6. Bond
Item Title: 10.17
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.

Item Page Number: 2

Menifee Mayor and City Council
January 17, 2024
Page
442 of 932

PROJECT MAP
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Item Title: 10.17
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.

Item Page Number: 3

Menifee Mayor and City Council
January 17, 2024
Page
443 of 932

4 7
7 2
7 RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,

APPROVING THE CERTIFICATE OF ACCEPTANCE FOR BANNER VILLAGE PARK WHEREAS, the City of Menifee was incorporated on October 1, 2008, and pursuant to the Terms and Conditions of incorporation, upon incorporation assumed authority over parks in the City’s boundaries pursuant to Resolution No. 08-24 as of that date; and WHEREAS, Banner Village Park was built on Tract 32102-1, recorded as Book 475 of Maps, pages 10 through 21, inclusive, and dedicated to the City of Menifee as a condition of approval of the final tract map; and
WHEREAS, the form of the Grant Deed granting Banner Village Park, described as Lot 136 of recorded Tract Map 32102-1, from Pulte Home Company, LLC, to the City, attached hereto as Exhibit “A”, has been reviewed by City Staff: and
WHEREAS, in order to satisfy the original condition of approval and complete the transfer of Banner Village Park from Pulte Home Company, LLC, to the City, the City Council now desires to accept the Grant Deed and issue the Certificate of Acceptance (in the form attached hereto as Exhibit “B”) through adoption of this Resolution.

NOW, THEREFORE, the City Council of the City of Menifee resolves and orders as follows:

Section 1. Approval of Certificate of Acceptance-
The City of Menifee hereby accepts and approves the Grant Deed and Certificate of Acceptance for Banner Village Park, which is located on Lot 136 of Tract 32102-1 as filed in Book 475 of Maps, pages 10 through 21 inclusive.

PASSED, APPROVED AND ADOPTED this 17th day of January, 2024.

Bill Zimmerman, Mayor
Attest:

Sarah Manwaring, City Clerk
Approved as to form:

Jeffrey T. Melching, City Attorney
Item Title: 10.17
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.

Item Page Number: 4

Menifee Mayor and City Council
January 17, 2024
Page
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RECORDING REQUESTED BY AND:

WHEN RECORDED MAIL TO:

C
ity of Menifee
29714 Haun Road
Menifee, CA 92586
Attn:

No transfer tax due. This is a governmental agency acquiring title.

R&T § 11922
N
o Fee, Government Code Section 6103
Benefit of City of Menifee
Recording Fee Required; This Document is Exempt from Fee Pursuant to Government Code Section 27383
Document Tax Due $ None
By:________________________________________
G

RANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, PULTE HOME COMPANY, LLC, a Michigan limited liability company (“Grantor”) hereby GRANT(S) to The City of Menifee, a Municipal corporation (“Grantee”) the real property in the City of Menifee, County of Riverside, State of California, described on Exhibit “A” attached hereto and incorporated herein by this reference.

THE REAL PROPERTY CONVEYED HEREIN BY GRANTOR TO GRANTEE IS CONVEYED SUBJECT TO ALL

MATTERS OF RECORD, INCLUDING WITHOUT LIMITATION , EASEMENTS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, RIGHTS, RIGHTS OF WAY AND OTHER MATTERS OR APPARENT .

Dated: G RANTOR:

PULTE HOME COMPANY, LLC, a
Michigan limited liability company
By:

Its:

Name:

GRANTEE ACCEPTANCE CERTIFICATE
This is to certify that the interest in real property conveyed by the deed or grant deed dated ____________________________ from PULTE HOME COMPANY, LLC, a Michigan limited liability company to the City of Menifee, California, a Municipal Corporation, is hereby accepted by the undersigned officer and the grantee consents to the recordation thereof by its duly authorized officer.

THE CITY OF MENIFEE, a
Municipal corporation
By:

Its:

Name:

EXHIBIT "A"
Item Title: 10.17
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.

Item Page Number: 5

Menifee Mayor and City Council
January 17, 2024
Page
445 of 932

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

State of California )
County of )

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

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

WITNESS my hand and official seal.

Signature

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

State of California )
County of )

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

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

WITNESS my hand and official seal.

Signature

Item Title: 10.17
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.

Item Page Number: 6

Menifee Mayor and City Council
January 17, 2024
Page
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EXHIBIT “A”

EXHIBIT “A”
(See Attached)

Item Title: 10.17
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.

Item Page Number: 7

Menifee Mayor and City Council
January 17, 2024
Page
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ROBERT SCIPIOBLUME
P.L.S. NO. 9154
DATE
EXHIBIT "A"

LEGAL DESCRIPTION

THAT CERTAIN REAL PROPERTY LOCATED IN THE CITY OF MENIFEE, COUNTY OF

RIVERSIDE, STATE OF CALIFORNIA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

LOT 136 AS SHOWN ON TRACT MAP NO. 32102-1 AS RECORDED ON SEPTEMBER 30, 2020, IN BOOK 475, PAGES 10 THROUGH 21, OF MAPS OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA. LOCATED IN SECTION 36, TOWNSHIP 5 SOUTH, RANGE 3 WEST, S.B.M.

CONTAINING 4.86 ACRES, MORE OR LESS.

PREPARED UNDER THE SUPERVISION OF:

Item Title: 10.17
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.

Item Page Number: 8

Menifee Mayor and City Council
January 17, 2024
Page
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EXHIBIT “B”
4 7
7 2
9 CERTIFICATE OF ACCEPTANCE
The CITY OF MENIFEE, a municipal corporation, hereby ACCEPTS the offer of DEDICATION of Lot 136 of Tract Map 32102-1, the real property in the County of Riverside, State of California, as per Map filed in Book 475, Pages 10 through 21, inclusive, of Maps, in the office of the County Recorder of said county, as dedicated by Owner(s): Pulte Home Company, LLC.

Date BILL ZIMMERMAN,
Mayor of the City of Menifee, CA
VERIFICATION:

I, the undersigned, am the Mayor of the City of Menifee, the declarant of the foregoing Certificate of Acceptance. I have read the said Certificate of Acceptance and know the contents thereof: The same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Date BILL ZIMMERMAN,
Mayor of the City of Menifee, CA

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE
On , before me, , Notary Public, personally appeared
Bill Zimmerman, MAYOR OF THE CITY OF MENIFEE, CALIFORNIA, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature
NOTARY
(SEAL)

WHEN RECORDED RETURN
ORIGINAL TO:

CITY OF MENIFEE
29844 HAUN ROAD
MENIFEE, CA. 92586
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

Item Title: 10.17
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.

Item Page Number: 9

Menifee Mayor and City Council
January 17, 2024
Page
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Item Title: 10.17
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.

Item Page Number: 10

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January 17, 2024
Page
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Item Title: 10.17
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.

Item Page Number: 11

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January 17, 2024
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Item Title: 10.17
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.

Item Page Number: 12

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January 17, 2024
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Item Title: 10.17
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.

Item Page Number: 13

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January 17, 2024
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Item Title: 10.17
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.

Item Page Number: 14

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Item Title: 10.17
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.

Item Page Number: 15

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Item Title: 10.17
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.

Item Page Number: 16

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Item Title: 10.17
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.

Item Page Number: 17

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Item Title: 10.17
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.

Item Page Number: 18

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Item Title: 10.17
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.

Item Page Number: 19

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Item Title: 10.17
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.

Item Page Number: 20

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Item Title: 10.17
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.

Item Page Number: 21

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Item Title: 10.17
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.

Item Page Number: 22

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Item Title: 10.17
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.

Item Page Number: 23

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Item Title: 10.17
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.

Item Page Number: 24

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Item Title: 10.17
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.

Item Page Number: 25

Menifee Mayor and City Council
January 17, 2024
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CITY OF MENIFEE
SUBJECT: Acceptance of Public Improvements and 90% Release of Security for Menifee Plaza, by Golden Star Investment
Properties, LLC
MEETING DATE: January 17, 2024
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Acting Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the public improvements for streets, drainage, water, and sewer systems for Menifee Plaza, located south of Newport Road and east of Town Center Drive in Menifee Town Center; and

2. Authorize the City Engineer to release 90% of the posted securities per the City’s Standard Policies.

DISCUSSION
Menifee Plaza (“Project”) is a commercial development that includes retail shops, restaurants, and a drive-through restaurant on an approximately 1.95-gross acre parcel located south of Newport Road and east of Town Center Drive in Menifee Town Center, as depicted in the attached project map. As part of the development requirements, Golden Star Investment Properties, LLC, a California Limited Liability Company (“Developer”), constructed streets, drainage, water, and sewer system improvements.

The Developer has now completed construction of these facilities and is requesting acceptance of the completed improvements to the City’s maintenance system. Staff has inspected the completed improvements, determined that the improvements have been constructed in accordance with City specifications and standards, and verified that all project conditions of approval have been met to release the faithful performance and material and labor security in accordance with City policy. A 10% warranty security would be held for a period of one year in accordance with the City Municipal Code. The original posted improvement securities are listed in Table 1 on the following page.

Item Title: 10.18
Acceptance of Public Improvements and 90% Release of Security for Menifee Plaza, by Golden Star Investment Properties, LLC
Item Page Number: 1

Menifee Mayor and City Council
January 17, 2024
Page
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City of Menifee Staff Report
Public Improvement Acceptance, Menifee Plaza
January 17, 2024

Page 2 of 2 ends

1 9
7 6
Table 1 - Original Posted Security - Improvements
Improvement Security No.

Performance / Material
Faithful
Performance
Material and
Labor
Streets/Drainage 41411109 $235,500 $117,750
Water System 41411109 $79,000 $39,500
Sewer System 41411109 $92,000 $46,000
TOTAL $406,500 $203,250

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The developer has paid all necessary fees and deposits to cover the costs of the required inspection of the completed improvements. Ongoing maintenance costs for the improvements would be supported through approved Fiscal Years 2023/2024 and 2024/2025 operating budgets in Community Facilities District (“CFD”) 2014-1.

ATTACHMENTS

1. Project Map

2. Agreement – Streets and Drainage

3. Agreement – Water System

4. Agreement – Sewer System

5. Bond
Item Title: 10.18
Acceptance of Public Improvements and 90% Release of Security for Menifee Plaza, by Golden Star Investment Properties, LLC
Item Page Number: 2

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January 17, 2024
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NEWPORT ROAD

TOWN CENTER ROAD

PROJECT MAP

VICINITY MAP

MENIFEE PLAZA
Item Title: 10.18
Acceptance of Public Improvements and 90% Release of Security for Menifee Plaza, by Golden Star Investment Properties, LLC
Item Page Number: 3

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January 17, 2024
Page
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DocuSign Envelope ID: 3FEBDD7D-F4B7-40EF-86B2-03B398FDDBA9 Item Title: 10.18
Acceptance of Public Improvements and 90% Release of Security for Menifee Plaza, by Golden Star Investment Properties, LLC
Item Page Number: 4

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January 17, 2024
Page
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DocuSign Envelope ID: 3FEBDD7D-F4B7-40EF-86B2-03B398FDDBA9 Item Title: 10.18
Acceptance of Public Improvements and 90% Release of Security for Menifee Plaza, by Golden Star Investment Properties, LLC
Item Page Number: 5

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January 17, 2024
Page
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DocuSign Envelope ID: 3FEBDD7D-F4B7-40EF-86B2-03B398FDDBA9 Item Title: 10.18
Acceptance of Public Improvements and 90% Release of Security for Menifee Plaza, by Golden Star Investment Properties, LLC
Item Page Number: 6

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January 17, 2024
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DocuSign Envelope ID: 3FEBDD7D-F4B7-40EF-86B2-03B398FDDBA9 Item Title: 10.18
Acceptance of Public Improvements and 90% Release of Security for Menifee Plaza, by Golden Star Investment Properties, LLC
Item Page Number: 7

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DocuSign Envelope ID: 3FEBDD7D-F4B7-40EF-86B2-03B398FDDBA9 5/27/2020
Item Title: 10.18
Acceptance of Public Improvements and 90% Release of Security for Menifee Plaza, by Golden Star Investment Properties, LLC
Item Page Number: 8

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DocuSign Envelope ID: 3FEBDD7D-F4B7-40EF-86B2-03B398FDDBA9 Item Title: 10.18
Acceptance of Public Improvements and 90% Release of Security for Menifee Plaza, by Golden Star Investment Properties, LLC
Item Page Number: 9

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DocuSign Envelope ID: 3FEBDD7D-F4B7-40EF-86B2-03B398FDDBA9 Item Title: 10.18
Acceptance of Public Improvements and 90% Release of Security for Menifee Plaza, by Golden Star Investment Properties, LLC
Item Page Number: 10

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DocuSign Envelope ID: 3FEBDD7D-F4B7-40EF-86B2-03B398FDDBA9 Item Title: 10.18
Acceptance of Public Improvements and 90% Release of Security for Menifee Plaza, by Golden Star Investment Properties, LLC
Item Page Number: 11

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DocuSign Envelope ID: 3FEBDD7D-F4B7-40EF-86B2-03B398FDDBA9 Item Title: 10.18
Acceptance of Public Improvements and 90% Release of Security for Menifee Plaza, by Golden Star Investment Properties, LLC
Item Page Number: 12

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DocuSign Envelope ID: 3FEBDD7D-F4B7-40EF-86B2-03B398FDDBA9 5/27/2020
Item Title: 10.18
Acceptance of Public Improvements and 90% Release of Security for Menifee Plaza, by Golden Star Investment Properties, LLC
Item Page Number: 13

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DocuSign Envelope ID: 3FEBDD7D-F4B7-40EF-86B2-03B398FDDBA9 Item Title: 10.18
Acceptance of Public Improvements and 90% Release of Security for Menifee Plaza, by Golden Star Investment Properties, LLC
Item Page Number: 14

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DocuSign Envelope ID: 3FEBDD7D-F4B7-40EF-86B2-03B398FDDBA9 Item Title: 10.18
Acceptance of Public Improvements and 90% Release of Security for Menifee Plaza, by Golden Star Investment Properties, LLC
Item Page Number: 15

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January 17, 2024
Page
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DocuSign Envelope ID: 3FEBDD7D-F4B7-40EF-86B2-03B398FDDBA9 Item Title: 10.18
Acceptance of Public Improvements and 90% Release of Security for Menifee Plaza, by Golden Star Investment Properties, LLC
Item Page Number: 16

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January 17, 2024
Page
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DocuSign Envelope ID: 3FEBDD7D-F4B7-40EF-86B2-03B398FDDBA9 Item Title: 10.18
Acceptance of Public Improvements and 90% Release of Security for Menifee Plaza, by Golden Star Investment Properties, LLC
Item Page Number: 17

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January 17, 2024
Page
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DocuSign Envelope ID: 3FEBDD7D-F4B7-40EF-86B2-03B398FDDBA9 5/27/2020
Item Title: 10.18
Acceptance of Public Improvements and 90% Release of Security for Menifee Plaza, by Golden Star Investment Properties, LLC
Item Page Number: 18

Menifee Mayor and City Council
January 17, 2024
Page
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Item Title: 10.18
Acceptance of Public Improvements and 90% Release of Security for Menifee Plaza, by Golden Star Investment Properties, LLC
Item Page Number: 19

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January 17, 2024
Page
484 of 932

Item Title: 10.18
Acceptance of Public Improvements and 90% Release of Security for Menifee Plaza, by Golden Star Investment Properties, LLC
Item Page Number: 20

Menifee Mayor and City Council
January 17, 2024
Page
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Item Title: 10.18
Acceptance of Public Improvements and 90% Release of Security for Menifee Plaza, by Golden Star Investment Properties, LLC
Item Page Number: 21

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January 17, 2024
Page
486 of 932

Item Title: 10.18
Acceptance of Public Improvements and 90% Release of Security for Menifee Plaza, by Golden Star Investment Properties, LLC
Item Page Number: 22

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January 17, 2024
Page
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Item Title: 10.18
Acceptance of Public Improvements and 90% Release of Security for Menifee Plaza, by Golden Star Investment Properties, LLC
Item Page Number: 23

Menifee Mayor and City Council
January 17, 2024
Page
488 of 932

Item Title: 10.18
Acceptance of Public Improvements and 90% Release of Security for Menifee Plaza, by Golden Star Investment Properties, LLC
Item Page Number: 24

Menifee Mayor and City Council
January 17, 2024
Page
489 of 932

Item Title: 10.18
Acceptance of Public Improvements and 90% Release of Security for Menifee Plaza, by Golden Star Investment Properties, LLC
Item Page Number: 25

Menifee Mayor and City Council
January 17, 2024
Page
490 of 932

Item Title: 10.18
Acceptance of Public Improvements and 90% Release of Security for Menifee Plaza, by Golden Star Investment Properties, LLC
Item Page Number: 26

Menifee Mayor and City Council
January 17, 2024
Page
491 of 932

PARCEL MAP OR TRACT MAP NO. DATE:

IP:

IMPROVEMENTS
Street/Drainage $ 235,578.88 $ $
*Flood Control $ 0.00 $ $
Dom Wtr EMWD $ 78,976.80 $ $
Rec Wtr EMWD $ 0.00 $ $
Sewer EMWD $ 92,152.80 $ $
Total 406,708.48 $ $
Warranty Retention (10%) $
Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements required to construct the above project and the mathmatical extensions, using City's unit costs, are accurate for determining bonding costs
Above amounts do G do not G include additional 20% for recordation prior to having signed plans (Ordinance460, Section 10.3E).
51512 6/30/2020
RCE# Exp. Date
Civil Engineer's Stamp
*Flood Control Construction Cost Estimate to be provided by Flood Control District. Provide a copy of Flood Control District letter stating cost estmate.

1. Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on "City of Menifee Improvement Requirement Worksheet."

2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amountss. **100% for Flood Control items.

3. For Construction items not covered by "The City of Menifee Improvement Requirements Worksheet", Design Engineer is to provide his opinion of construction cost and use that cost. If City of Menifee Unit Costs are determined to be too low, in the opinion of the design engineer, the higher costs as provided by the Design Engineer should be used.
12-006

CITY OF MENIFEE ENGINEERING DEPARTMENT

CONSTRUCTION COST WORKSHEET
36299-1 3/2/2020

FAITHFUL PERFORMANCE MATERIAL & LABOR

SECURITY SECURITY
(100% of Estimated (**50% of Estimated
Construction Costs) Construction Costs)
235,500.00 117,750.00

0.00 0.00
79,000.00 39,500.00

0.00 0.00
92,000.00 46,000.00
406,500.00 203,250.00
40,650.00

DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS *** PLEASE READ INSTRUCTIONS BELOW ***
Mike Ghalbi
3/2/2020
Name Typed or printed
Signature Date
Item Title: 10.18
Acceptance of Public Improvements and 90% Release of Security for Menifee Plaza, by Golden Star Investment Properties, LLC
Item Page Number: 27

Menifee Mayor and City Council
January 17, 2024
Page
492 of 932

UNIT
ROADWAY SECTION 1 Area = S.F.

Excavation
Cut (c) = C.Y.

Road area and side slopes to daylight Fill (f) = C.Y.
40 C.Y. $ 0.40 $ 0.00
C.Y. $ 1.10 $ 44.00
C.Y. $ 2.80 $ 0.00
TON $ 90.00 $ 2,340.00
Thickness in Feet (0.33' min.) =
C.Y. $ 50.00 $ 1,067.00
Thickness in Feet =
Ton $ 600.00 $ 19.80
L.F. $ 1.00 $ 125.00
S.F. $ 0.50 $ 325.00
S.Y. $ 0.60 $ 130.20
S.Y. $ 8.00 $ 2,080.00
L.F. $ 18.00 $ 1,800.00
L.F. $ 14.00 $ 420.00
S.F. $ 6.00 $ 5,040.00
S.F. $ 8.00 $ 4,000.00
EA. $ 5,000.00 $ 5,000.00
EA. $ 150.00 $ 300.00
S.F. $ 3.50 $ 4,725.00
EA $ 3,000.00 $ 3,000.00
L.F. $ 113.00 $ 11,413.00
L.F. $ 132.00 $ 17,292.00
L.F. $ 235.00 $ 106,925.00
EA. $ 2,500.00 $ 2,500.00
EA. $ 5,000.00 $ 5,000.00
EA. $ 6,500.00 $ 6,500.00
C.Y. $ 400.00 $ 4,000.00
A. $ 184,046.00
B. Administrative Contingency (20% x A)$ 36,809.20
C. CM - Inspection - LC (8%) $ 14,723.68
D Streets/Drainage Total (A + B) $ 235,578.88
Asphalt Concrete (144 lbs/cu.ft) 26

0.42 Agg Base Class II 21
Area x 0.50' (hinge point to hinge point)
- (a.) Excavate and Fill
If balance, provide (a.) only, either cut or fill If export, provide (a.)&(b.) a = fill, b = cut - fill
If import, provide (a)&(c), a = cut, c = fill - cut
(Unit costs for (a),(b), & (c) are 20% of actual costs to assure that work will be corrected to eliminate
hazardous conditions.)
(c.) Import and Fill -
(b.) Excavate and Export
$ 0.00$25.00
Cold Plane A.C. Pavement 650

ITEM QUANTITY UNIT AMOUNT
COST

2. Projects without a Grading Plan 40
860

1. Projects with Grading Plan for Roadway
C.Y.

Street Lights (including conduit) 1
Adjust Water Valve to Grade ( if no water plan ) 2
40 0.67
Asphalt Emulsion (Fog Seal/Paint Binder)
(1 ton = 240 gals)

0.0 Grinding A.C. , in place 217
Remove A.C. Pavement 260
Remove Curb and Gutter 100
Sawcut Exist. A.C. Pavement 125
Curb and Gutter (Type A-6) 30
P.C.C. Sidewalk 840
P.C.C. Driveway Approach 500
24" R.C.P. round, arch or elliptical 131
18" R.C.P. round, arch or elliptical 101
48" R.C.P. round, arch or elliptical 455
Subtotal

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

STREET AND DRAINAGE IMPROVEMENTS
Junction Structure No. 6 1
Manhole No. 2 1
Structural Reinforcement Concrete 10
Landscape and Irrigation 1,350
Remove trees 1
Catch Basin W=4' 1
Item Title: 10.18
Acceptance of Public Improvements and 90% Release of Security for Menifee Plaza, by Golden Star Investment Properties, LLC
Item Page Number: 28

Menifee Mayor and City Council
January 17, 2024
Page
493 of 932

UNIT
L.F. $ 25.00 $ 1,500.00
L.F. $ 30.00 $ 480.00
L.F. $ 35.00 $ 2,800.00
EA. $ 715.00 $ 1,430.00
EA. $ 830.00 $ 830.00
EA. $ 1,340.00 $ 1,340.00
EA. $ 4,500.00 $ 4,500.00
EA. $ 2,400.00 $ 2,400.00
EA. $ 2,200.00 $ 2,200.00
LS $ 500.00 $ 500.00
L.F. $ 20.00 $ 9,640.00
EA. $ 750.00 $ 5,250.00
EA. $ 5,000.00 $ 5,000.00
L.F. $ 35.00 $ 16,975.00
A. $ 54,845.00
B. $ 10,969.00
C. $ 65,814.00
D. $ 13,162.80
E. $ 78,976.80

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

DOMESTIC WATER IMPROVEMENTS

ITEM QUANTITY UNIT AMOUNT
4" Gate Valve RS 2
8" Waterline PVC C-900 DR-18 80
COST

OFF-SITE IMPROVEMENTS
4" Waterline PVC C-900 DR-18 60
6" Waterline PVC C-900 DR-18 16
1" Air and Vacuum Valve. 1
6" Fire Hydrant (Super) 1
6" Gate Valve RS 1
8" Gate Valve RS 1
8" Hot Tap 1
Remove Plug and Connect 2" line 1
6" Fire-Line PVC C-900 485
Service Line & Sub-Meter to Unit 7
8" Private RPDA 1

ON-SITE IMPROVEMENTS
2" Potable Water PVC C-900 482
20% x C
Water Total (C + D)

BOND AMOUNT FOR RECORDATION

PRIOR TO HAVING SIGNED PLANS
Subtotal
Administrative Contingency (20% x A)
Water Total (A + B)
Item Title: 10.18
Acceptance of Public Improvements and 90% Release of Security for Menifee Plaza, by Golden Star Investment Properties, LLC
Item Page Number: 29

Menifee Mayor and City Council
January 17, 2024
Page
494 of 932

UNIT
L.F. $ 55.00 $ 3,575.00
EA. $ 3,140.00 $ 6,280.00
L.F. $ 55.00 $ 3,575.00
EA. $ 25.00 $ 32,875.00
EA. $ 150.00 $ 2,250.00
EA. $ 3,140.00 $ 3,140.00
EA. $ 12,000.00 $ 12,000.00
EA. $ 300.00 $ 300.00
A. $ 63,995.00
B. $ 12,799.00
C. $ 76,794.00
D. $ 15,358.80
E. $ 92,152.80
COST

OFF-SITE SEWER IMPROVEMENTS

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

SANITARY SEWER IMPROVEMENTS

ITEM QUANTITY UNIT AMOUNT
Standard Manhole 48" 2

ON-SITE SEWER IMPROVEMENTS
8" VCP 65
8" VCP 65
4" HDPE 1315
Temporary Cap 15
Standard Manhole 48" 1
Grease Interceptor 1
4" Drain Inlet 1
20% x C
Sewer Total (C + D)
Subtotal
Administrative Contingency (20% x A)
Sewer Total (A + B)BOND AMOUNT FOR RECORDATION

PRIOR TO HAVING SIGNED PLAND (
Item Title: 10.18
Acceptance of Public Improvements and 90% Release of Security for Menifee Plaza, by Golden Star Investment Properties, LLC
Item Page Number: 30

Menifee Mayor and City Council
January 17, 2024
Page
495 of 932

CITY OF MENIFEE
SUBJECT: Notice of Completion and Acceptance for the Holland Road / I-215 Overcrossing Water, Sewer, and Recycled Water Utility Project
MEETING DATE: January 17, 2024
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Engineering Manager
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the improvements for the Holland Road / I-215 Overcrossing Water, Sewer, and Recycled Water Utility Project, Capital Improvement Program (“CIP”) Project No. 13-03; and

2. Authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder’s Office.

DISCUSSION
The Holland Road Water, Sewer, and Recycled Water Utility project (“Utility Project”) was created to support the Holland Road Overcrossing project (“Project”) and consisted of relocating existing water facilities and installing new recycled water and sewer infrastructure that did not exist previously. Due to changes in grade and elevation required to accommodate extension of the Project over the I-215, the Utility Project was necessary to ensure that access to critical utility infrastructure would be available to existing properties and businesses located along the south and west sides of the Project.

On October 19, 2022, the City Council approved a utility construction budget of $815,000 for the Utility Project and authorized the City Manager to approve the construction contract with Ferreira Coastal Construction Company (“Contractor”) in the amount of $719,174 to complete the construction work. Despite the Contractor beginning work immediately following the City’s notice to proceed, initial excavations for underground utilities exposed several unmarked and unknown utilities, as well as other unknown site conditions. These discoveries prevented the timely execution of the work and resulted in the need for several changes to the Contractor’s original scope of work. The final construction costs for the Utility Project totaled $920,908.56, which included seven contract change orders (“CCOs”), as outlined in Table No. 1 below.

Item Title: 10.19
Notice of Completion and Acceptance for the Holland Road / I-215 Overcrossing Water, Sewer, and Recycled Water Utility Project
Item Page Number: 1

Menifee Mayor and City Council
January 17, 2024
Page
496 of 932

City of Menifee Staff Report
CIP 13-03 Holland Road Overcrossing Utility NOC
January 17, 2024

Page 2 of 2 ends

1 9
1 6
Table No. 1 – Ferreira Agreement & Change Order Summary CCO No. Date Approved Description of Services Amount
Original October 19, 2022 Water, Sewer, and Recycled Water Construction Services
$719,174.00
1 March 3, 2023 Cancelled sewer line for SCE vault –
material restocking fee
$398.14
2 March 15, 2023 Additional potholing of three previously unidentified utilities
$5,365.16
3 March 30, 2023 Change in piping material due to EMWD
water line standards
$1,377.80
4 July 19, 2023 Additional labor due to sewer line conflict with unmarked utilities, encountered
groundwater, differing elevations,
potholing utilities not identified on plans.
$94,056.97
5 July 6, 2023 Tie-in of the new 12" water line to the
existing 12" water line at Holland Road
$52,000.00
6 October 25, 2023 Additional T&M work and quantity
adjustments
$26,552.39
7 November 15, 2023 Additional T&M work related to relocation of existing service laterals
$21,984.10
TOTAL $920,908.56
The Utility Project is now complete and the final CCO has been submitted. If approved, a Notice of Completion (“NOC”) would be filed, which protects the City from future claims against the Utility Project by providing proper noticing to each contractor, subcontractor, and material supplier, that the Utility Project has been completed. The payment bond would be released upon acceptance by the City and the performance bond would be released one year after the date of recording of the NOC. The City has not received stop notices that would prevent said releases.

STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility

FISCAL IMPACT
There is no fiscal impact associated with the acceptance of the improvements related to the Utility Project. Funding for all work related to the Utility Project was available through the adopted fiscal year 2023/2024 CIP Budget and previously approved developer appropriations.

ATTACHMENTS

1. Project Location Map

2. Notice of Completion

3. Close-Out Documents
Item Title: 10.19
Notice of Completion and Acceptance for the Holland Road / I-215 Overcrossing Water, Sewer, and Recycled Water Utility Project
Item Page Number: 2

Menifee Mayor and City Council
January 17, 2024
Page
497 of 932

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Path: E:\Standard_Maps\Engineering_PW\Holland_Overpass_Location_Map\Holland_Overpass_Location_Map.aprx Date: 10/18/2021 Holland Rd & I-215 Overpass / Interchange (CIP 13-03)
Project Location Map
Item Title: 10.19
Notice of Completion and Acceptance for the Holland Road / I-215 Overcrossing Water, Sewer, and Recycled Water Utility Project
Item Page Number: 3

Menifee Mayor and City Council
January 17, 2024
Page
498 of 932

Recording Requested By:

CITY OF MENIFEE
After Recording Mail To:

CITY CLERK

CITY OF MENIFEE
29844 HAUN ROAD
MENIFEE, CA 92586
Record without fee subject to Govt. Code 6103

NOTICE OF COMPLETION
(Public Works – Civil Code Sec. 9204)
HOLLAND ROAD / I-215 OVERCROSSING WATER, SEWER, AND RECYCLED WATER UTILITY PROJECT, CIP 13-03
Notice is hereby given that:

Work of improvements on the project herein described was accepted as complete on January 17, 2024. The project relocated existing water facilities and constructed new recycled water and sewer infrastructure. The project was completed in the city right-of-way in the City of Menifee, County of Riverside, State of California.

1. The full name of the Owner is: CITY OF MENIFEE

2. The full address of the Owner is: 29844 HAUN ROAD
MENIFEE, CA. 92586

3. The undersigned is a Corporate Officer of the Owner of the interest stated below in the property herein described:

PUBLIC STREETS IN
MENIFEE, CA 92586

4. The name of the contractor for such work of construction is:

FERREIRA COASTAL CONSTRUCTION CO.
10370 COMMERCE CENTER DRIVE, SUITE B200
RANCHO CUCAMONGA, CA 91730

5. The property on which said work of improvement was completed is within the City of Menifee, County of Riverside, State of California.

STATE OF CALIFORNIA)
Ss

COUNTY OF RIVERSIDE)
I, Sarah Manwaring, hereby certify that I am the City Clerk of the City of Menifee, a municipal corporation, which is the owner of the properties described within this Notice of Completion, executed on behalf of the City; that I have read the notice and know the contents thereof and that the facts therein stated are true of my own knowledge under penalty of perjury under the laws of the state of California; that I make this verification on _________________, 20___ for and on behalf of the City.
_____________________________
Sarah Manwaring, City Clerk
Item Title: 10.19
Notice of Completion and Acceptance for the Holland Road / I-215 Overcrossing Water, Sewer, and Recycled Water Utility Project
Item Page Number: 4

Menifee Mayor and City Council
January 17, 2024
Page
499 of 932

Item Title: 10.19
Notice of Completion and Acceptance for the Holland Road / I-215 Overcrossing Water, Sewer, and Recycled Water Utility Project
Item Page Number: 5

Menifee Mayor and City Council
January 17, 2024
Page
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Item Title: 10.19
Notice of Completion and Acceptance for the Holland Road / I-215 Overcrossing Water, Sewer, and Recycled Water Utility Project
Item Page Number: 6

Menifee Mayor and City Council
January 17, 2024
Page
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Item Title: 10.19
Notice of Completion and Acceptance for the Holland Road / I-215 Overcrossing Water, Sewer, and Recycled Water Utility Project
Item Page Number: 7

Menifee Mayor and City Council
January 17, 2024
Page
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Item Title: 10.19
Notice of Completion and Acceptance for the Holland Road / I-215 Overcrossing Water, Sewer, and Recycled Water Utility Project
Item Page Number: 8

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January 17, 2024
Page
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Item Title: 10.19
Notice of Completion and Acceptance for the Holland Road / I-215 Overcrossing Water, Sewer, and Recycled Water Utility Project
Item Page Number: 9

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January 17, 2024
Page
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Item Title: 10.19
Notice of Completion and Acceptance for the Holland Road / I-215 Overcrossing Water, Sewer, and Recycled Water Utility Project
Item Page Number: 10

Menifee Mayor and City Council
January 17, 2024
Page
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Item Title: 10.19
Notice of Completion and Acceptance for the Holland Road / I-215 Overcrossing Water, Sewer, and Recycled Water Utility Project
Item Page Number: 11

Menifee Mayor and City Council
January 17, 2024
Page
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Item Title: 10.19
Notice of Completion and Acceptance for the Holland Road / I-215 Overcrossing Water, Sewer, and Recycled Water Utility Project
Item Page Number: 12

Menifee Mayor and City Council
January 17, 2024
Page
507 of 932

Item Title: 10.19
Notice of Completion and Acceptance for the Holland Road / I-215 Overcrossing Water, Sewer, and Recycled Water Utility Project
Item Page Number: 13

Menifee Mayor and City Council
January 17, 2024
Page
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Item Title: 10.19
Notice of Completion and Acceptance for the Holland Road / I-215 Overcrossing Water, Sewer, and Recycled Water Utility Project
Item Page Number: 14

Menifee Mayor and City Council
January 17, 2024
Page
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Item Title: 10.19
Notice of Completion and Acceptance for the Holland Road / I-215 Overcrossing Water, Sewer, and Recycled Water Utility Project
Item Page Number: 15

Menifee Mayor and City Council
January 17, 2024
Page
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CITY OF MENIFEE
SUBJECT: Notice of Completion and Acceptance for the Normandy Road Pedestrian Improvements Project
MEETING DATE: January 17, 2024
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the improvements for the Normandy Road Pedestrian Improvements Project, Capital Improvement Program Project No. 22-08; and

2. Authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder’s Office.

DISCUSSION
The Normandy Road Pedestrian Improvements, Capital Improvement Program (“CIP”) Project No. 22-08 (“Project”) constructed an approximately 1,400 foot long, eight foot wide, asphalt pedestrian trail along the north side of the existing Normandy Road across the Salt Creek Channel and replaced the existing collapsed storm drain inlets with new inlets and a concrete headwall.

The Project closed the pedestrian gap between the existing sidewalks on both sides of the channel, ultimately providing connectivity between the existing Salt Creek Trail, local parks, and nearby schools. The Project also updated signage and striping to separate the new pedestrian path from the existing vehicle lanes.

On June 21, 2023, the City Council approved a total construction budget of $445,499 for the Project and authorized the City Manager to approve the construction contract with Roadway Engineering & Contracting, Inc. (“Contractor”) in the amount of $411,819 to complete the Project.

The final construction costs for the Project totaled $447,494, including ancillary costs such as materials testing and labor compliance services, as well as one contract change order (“CCO”).

A summary of the construction Contractor agreement and CCO are outlined in Table 1 on the following page.

Item Title: 10.20
Notice of Completion and Acceptance for the Normandy Road Pedestrian Improvements Project Item Page Number: 1

Menifee Mayor and City Council
January 17, 2024
Page
511 of 932

City of Menifee Staff Report
CIP 22-08 NOC
January 17, 2024

Page 2 of 2 ends

1 9
7 3
Table No. 1 – Contractor Agreement & Change Order Summary CCO No. Date Approved Description of Services Amount
Original June 21, 2023 Prime contractor agreement $411,819 1 October 2, 2023 Staking and construction of 250 linear feet of environmental fencing not included in the original
contract.
$16,910
TOTAL $428,729
If approved, a Notice of Completion (“NOC”) would be filed, which protects the City from future claims against the Project by providing proper noticing to each contractor, subcontractor, and material supplier that the Project has been completed. The payment bond would be released upon project acceptance by the City and the performance bond would be released one year after the date of recording of the NOC.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the acceptance of the improvements related to the Project. All costs to complete the Project were supported within previously approved fiscal year 2023/2024 Capital Improvement Program Budgets.

ATTACHMENTS

1. Project Location Map

2. Notice of Completion

3. Close-Out Documents
Item Title: 10.20
Notice of Completion and Acceptance for the Normandy Road Pedestrian Improvements Project Item Page Number: 2

Menifee Mayor and City Council
January 17, 2024
Page
512 of 932

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Path: E:\Project_Specific_Maps\Engineering_PublicWorks\Normandy_Road_Ped_Improvements\Normandy_Road_Ped_Improvements.aprx Date: 5/27/2022 Normandy Road Pedestrian Improvements (CIP 22-08)
Project Location Map
Item Title: 10.20
Notice of Completion and Acceptance for the Normandy Road Pedestrian Improvements Project Item Page Number: 3

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January 17, 2024
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Recording Requested By:

CITY OF MENIFEE
After Recording Mail To:

CITY CLERK

CITY OF MENIFEE
29844 HAUN ROAD
MENIFEE, CA 92586
Record without fee subject to Govt. Code 6103

NOTICE OF COMPLETION
(Public Works – Civil Code Sec. 9204)
NORMANDY ROAD PEDESTRIAN IMPROVEMENTS PROJECT, CIP 22-08 Notice is hereby given that:

Work of improvements on the project herein described was accepted as complete on January 17, 2024. The project improvements consisted of the construction of an asphalt pedestrian trail along the north side of Normandy Road across from the Salt Creek Channel, replacement of the existing storm drain inlets and concrete headwall, and updated signage and striping to separate the new pedestrian path. The project was completed in the city right-of-way in the City of Menifee, County of Riverside, State of California.

1. The full name of the Owner is: CITY OF MENIFEE

2. The full address of the Owner is: 29844 HAUN ROAD
MENIFEE, CA. 92586

3. The undersigned is a Corporate Officer of the Owner of the interest stated below in the property herein described:

PUBLIC STREETS IN
MENIFEE, CA 92586

4. The name of the contractor for such work of construction is:

ROADWAY ENGINEERING & CONTRACTING, INC.
3121 INDIAN AVENUE
PERRIS, CA 92571

5. The property on which said work of improvement was completed is within the City of Menifee, County of Riverside, State of California.

STATE OF CALIFORNIA)
Ss

COUNTY OF RIVERSIDE)
I, Sarah Manwaring, hereby certify that I am the City Clerk of the City of Menifee, a municipal corporation, which is the owner of the properties described within this Notice of Completion, executed on behalf of the City; that I have read the notice and know the contents thereof and that the facts therein stated are true of my own knowledge under penalty of perjury under the laws of the state of California; that I make this verification on _________________, 20___ for and on behalf of the City.
_____________________________
Sarah Manwaring, City Clerk
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CITY OF MENIFEE
SUBJECT: Notice of Completion and Acceptance for the Romoland Grid Neighborhood Resurfacing - South Project
MEETING DATE: January 17, 2024
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Engineering Manager
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Rebekah Kramer, Acting City Manager
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RECOMMENDED ACTION

1. Accept the improvements for the Romoland Grid Neighborhood Resurfacing - South Project, Capital Improvement Program Project No. 22-23; and

2. Authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder’s Office.

DISCUSSION
The Romoland Grid Neighborhood Resurfacing – South project, Capital Improvement Program (“CIP”) Project No. 22-23 (“Project”) consisted of resurfacing existing roadways by grind and overlay, restriping where appropriate, and replacement of non-compliant pedestrian ramps. The Project limits were south of Highway 74, between Sherman Road and Ethanac Road. The following residential streets were included in the Project area: Jackson Avenue, Van Buren Avenue, Harrison Avenue, Tyler Avenue, 2nd Street, 3rd Street, and 4th Street. As part of the City’s Pavement Management Program, the Project addresses the City’s Strategic Plan performance measure of maintaining an average roadway Pavement Condition Index of 70 year- over-year through June 2028.

On April 19, 2023, the City Council approved a total construction budget of $898,060 for the Project and authorized the City Manager to approve the construction contract with Hillcrest Contracting, Inc. (“Contractor”) in the amount of $793,691.20 to complete the Project. The final construction costs for the Project totaled $822,103.16, including ancillary costs such as materials testing and labor compliance services, as well as one negative contract change order (“CCO”) which reduced quantities resulting in a credit and reducing the overall total contract value. A summary of the construction Contractor agreement and CCO are outlined in Table 1 on the following page.

Item Title: 10.21
Notice of Completion and Acceptance for the Romoland Grid Neighborhood Resurfacing - South Project Item Page Number: 1

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January 17, 2024
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City of Menifee Staff Report
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January 17, 2024

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Table No. 1 – Contractor Agreement & Change Order Summary CCO No. Date Approved Description of Services Amount
Original December 15, 2021 Prime contractor agreement $793,691.20 1 September 27, 2023 Reduction of quantities for cement and AC overlay compared to bid quantities
($26,528.04)
TOTAL $767,163.16
If approved, a Notice of Completion (“NOC”) would be filed, which protects the City from future claims against the Project by providing proper noticing to each contractor, subcontractor, and material supplier that the Project has been completed. The payment bond would be released upon project acceptance by the City and the performance bond would be released one year after the date of recording of the NOC.

STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility

FISCAL IMPACT
There is no fiscal impact associated with the acceptance of the improvements related to the Project. All costs to complete the Project were supported within previously approved fiscal year 2023/2024 Capital Improvement Program Budgets.

ATTACHMENTS

1. Project Location Map

2. Notice of Completion

3. Close-Out Documents
Item Title: 10.21
Notice of Completion and Acceptance for the Romoland Grid Neighborhood Resurfacing - South Project Item Page Number: 2

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January 17, 2024
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Item Title: 10.21
Notice of Completion and Acceptance for the Romoland Grid Neighborhood Resurfacing - South Project Item Page Number: 3

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January 17, 2024
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Recording Requested By:

CITY OF MENIFEE
After Recording Mail To:

CITY CLERK

CITY OF MENIFEE
29844 HAUN ROAD
MENIFEE, CA 92586
Record without fee subject to Govt. Code 6103

NOTICE OF COMPLETION
(Public Works – Civil Code Sec. 9204)
ROMOLAND GRID NEIGHBORHOOD RESURFACING – SOUTH PROJECT, CIP 22-23 Notice is hereby given that:

Work of improvements on the project herein described was accepted as complete on January 17, 2024. The project improvements consisted of resurfacing existing roadways by grind and overlay, restriping where appropriate, and replacement of non-compliant pedestrian ramps. The project was completed in the city right-of-way in the City of Menifee, County of Riverside, State of California.

1. The full name of the Owner is: CITY OF MENIFEE

2. The full address of the Owner is: 29844 HAUN ROAD
MENIFEE, CA. 92586

3. The undersigned is a Corporate Officer of the Owner of the interest stated below in the property herein described:

PUBLIC STREETS IN
MENIFEE, CA 92586

4. The name of the contractor for such work of construction is:

HILLCREST CONTRACTING, INC.
1467 CIRCLE CITY DRIVE
CORONA, CA 92879

5. The property on which said work of improvement was completed is within the City of Menifee, County of Riverside, State of California.

STATE OF CALIFORNIA)
Ss

COUNTY OF RIVERSIDE)
I, Sarah Manwaring, hereby certify that I am the City Clerk of the City of Menifee, a municipal corporation, which is the owner of the properties described within this Notice of Completion, executed on behalf of the City; that I have read the notice and know the contents thereof and that the facts therein stated are true of my own knowledge under penalty of perjury under the laws of the state of California; that I make this verification on _________________, 20___ for and on behalf of the City.
_____________________________
Sarah Manwaring, City Clerk
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CITY OF MENIFEE
SUBJECT: Development Code Amendment and Ordinance Introduction MEETING DATE: January 17, 2024
TO: Mayor and City Council
PREPARED BY: Doug Darnell, Principal Planner
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Rebekah Kramer, Acting City Manager
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RECOMMENDED ACTION

1.Find Code Amendment No. LR23-0012 exempt from further environmental review under the California Environmental Quality Act (“CEQA”) and direct staff to file a Notice of Exemption; and

2.Introduce an ordinance approving Code Amendment No. LR23-0012, amending housing related provisions of the Development Code (Title 9 of the Menifee Municipal Code) as required to comply with State law and to implement the City’s 6th Cycle, 2021-2029 Housing Element.

DISCUSSION
Planning Commission Hearing – November 8, 2023
At the November 8, 2023, Planning Commission meeting, the Planning Commission voted 4-0-1 (Commissioner Thomas absent) to adopt Resolution No. PC23-610, recommending that the City Council find Development Code Amendment No. LR23-0012 exempt from further environmental review and approve the proposed Development Code Amendment No. LR23-0012.

Project Description
This proposed City-initiated Development Code Amendment (“LR23-0012”) is intended to update various chapters and sections within Title 9 of the Menifee Municipal Code (“Code”) to be in compliance with the latest State housing laws and to implement several program actions of the City’s Housing Element, which was adopted in November 2022. As required by State law, the proposed amendment consists of provisions to support greater housing opportunity to address the State housing crisis and implement the City’s adopted Housing Element policies and program actions. The amendments address affordable housing, density bonus provisions, accessory dwelling units, supportive and transitional housing, emergency shelters, low barrier navigation centers, housing in commercial zones, and streamlining approvals for such uses as necessary to comply with State law.

Item Title: 11.1
Development Code Amendment and Ordinance Introduction
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The following chapters and sections within the Code proposed to be added, removed, or amended include:
•Section (Sec.)/Table 9.30.090-1 Designated Authority for Permits and Approvals Table (amended)
•Chapter (Ch.) 9.35 Accessory Dwelling Unit Permit (removed chapter) •Ch. 9.85 Reasonable Accommodation (amended)
•Ch. 9.125 Agricultural and Rural Residential Zones (amended) •Ch. 9.130 Residential Zones (amended)
•Ch. 9.135 Commercial and Industrial Zones (amended)
•Ch. 9.140 Economic Development Corridor Zones (amended) •Ch. 9.180 Density Bonus, Incentives, and Concessions (amended) •Ch. 9.215 Parking and Loading Standards
•Ch. 9.295 Special Housing Types:
•Sec. 9.295.020 Accessory Dwelling Units and Junior Accessory Dwelling Units (amended)
•Sec. 9.295.025 Emergency Shelter (new section)
•Sec. 9.295.035 Low Barrier Navigation Center (new section) •Sec. 9.295.037 Multifamily Housing in Commercial Zones – AB2011 and SB6 (new section)
•Ch. 9.296 SB9 Urban Lot Split and Two-Unit Development (new chapter) •Ch. 9.300 Universal Definitions (amended)
•Sec. 9.305.030 Density Bonus and Related Terms Defined The proposed Code Amendment supports the State’s housing goals to facilitate and remove barriers to housing, particularly affordable housing, and has been prepared to comply with State housing laws and to implement the City’s adopted 6th Cycle, 2021-2029 Housing Element.

Proposed Amendments
Table 9.30.090-1: Designated Authority for Permits and Approvals This table within the Development Code provides a listing of various planning permit applications, indicates the level of review (ministerial or discretionary) and who has approval authority. Three new permit types are added (“Urban Lot Splits” and “Two-Unit Developments”) to comply with and implement Senate Bill (“SB”) 9 and Assembly Bill (“AB”) 2011 (Multifamily Ministerial Application).

SB 9 requires jurisdictions to allow for urban lot splits and two-unit developments on single-family residential zoned property that meet certain criteria. AB 2011 requires a ministerial review process for affordable multifamily residential projects in commercial zones, that meet specific criteria. The details of proposed SB 9 and AB 2011 amendments will be discussed later in this report. In addition, the proposal includes elimination of Chapter 9.35, “Accessory Dwelling Unit (“ADU”) Permit” requirements, which is reflected in the table below (only permit applications proposed to be added or removed are shown).

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The elimination of the ADU permit requirements serves to streamline the approval process by only requiring a ministerial building plan submittal and review. This is the same process currently required for a new single-family dwelling, single-family additions, and other accessory structures.

Chapter 9.85 Reasonable Accommodation
The Reasonable Accommodation provisions of the Development Code provide a procedure for individuals with disabilities to make requests for reasonable accommodation in land use, zoning and building regulations. As required by the State Department of Housing and Community Development in their review of the City’s Housing Element program actions “Finding E” of these provisions is amended as follows:

The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of the public, including an “Attractive Nuisance,” “Fire Hazard,” or “Public Nuisance” as defined by Section 11.20.010 Definitions of the Menifee Municipal Code other individuals or substantial physical damage to the property of others.

This amendment implements Housing Element Program Action 24 to support objectivity and a direct relationship to health and safety to provide more approval certainty for persons with disabilities.

Table 9.125.030-1 Agricultural and Rural Residential Zones – Allowed Uses and Approval Changes are proposed to this Table to add Farmworker Housing, Employee Housing, and Junior Accessory Dwelling Unit (“JADU”) as allowed housing uses in compliance with State law. In addition, the Table is amended to allow Supportive and Transitional Housing uses permitted by right instead of Conditional Use Permit (“CUP”) as required by State law. These amendments implement Housing Element Program Actions 6, 23 and 26.

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Table 9.130.030-1 Residential Zones – Allowed Uses and Approval Requirements Changes are proposed to this Table to add JADU and Low Barrier Navigation Center as allowed uses in compliance with State law. In addition, the Table is amended to allow Supportive and Transitional Housing uses permitted by right instead of CUP as required by State law. These amendments implement Housing Element Program Actions 6, and 23.

Chapter 9.135 Commercial and Industrial Zones
This Chapter, specifically the Allowed Uses Table, is amended to comply with latest State laws with the addition of a reference to new provisions for Emergency Shelters in Chapter 9.295 Special Housing Types and the addition of a new use for “Multifamily Dwellings per AB 2011 and SB 6.” Multifamily residential that meet specific criteria must be allowed in commercial zones where office, retail and parking are principally permitted uses per recent State legislation AB 2011 and SB 6. New provisions to comply with AB 2011 and SB 6 are discussed further below under “Special Housing Types.”
Chapter 9.140 Economic Development Corridor Zones
This Chapter is amended to implement Housing Element Program Action 22, and comply with State laws, SB 2, SB 6, and AB 2011. The amendments include:
•Adding a reference to new provisions for Emergency Shelters and Low Barrier Navigation Center for these uses in Chapter 9.295 Special Housing Types. •Supportive & Transitional Housing Uses added to Allowed Uses Table as conditionally permitted uses.
•AB 2011 and SB 6 qualified multifamily added to the Allowed Uses Table. New provisions to comply with AB 2011 and SB 6 are discussed further below under “Special Housing Types.”
•Clarified Special Requirements for residential uses in EDC Zones to be vertically integrated with non-residential uses and not within 1,000 feet of a freeway right of way (i.e., the I-215) consistent with the General Plan.

Chapter 9.180 Density Bonus
The Density Bonus provisions of the Development Code are required per California’s Density Bonus Law. Per the law, local jurisdictions must provide increases in housing density above the allowed General Plan density along with other incentives for projects offering to build or donate land for affordable or senior units. To comply with changes in the State density bonus law in recent years, including AB 2334, AB 1551 and AB 682, amendments are proposed to the density bonus provisions. The proposed density bonus amendments also implement Housing Element Program Action 34 and in general address the following:
•Added two new sections including “Density Bonus for Shared Housing Building” and “Density Bonus for Commercial Development Partnering with an Affordable Housing Developer.”
•Amended Table 9.180.060-1 Density Bonus Allowance for Affordable Housing Component per latest State law, to reflect bonus allowance percentage based on percentage of affordable units for Very Low-, Low-, and Moderate-Income units proposed. •Amends and clarifies parking, procedural requirements and other provisions to comply with current State law.

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Table 9.215 Parking Requirements
This is an amendment to the Parking Table to clarify current parking requirements for various housing types by adding a reference to additional requirements and to clarify that for single-family residences and duplexes, the required two spaces per dwelling unit shall be enclosed within a two-car garage, 20 feet by 20 feet minimum.

Chapter 9.295 Special Housing Types - ADUs
This amendment to the City’s ADU provisions implements Housing Element Program Action 6, and most recent State ADU legislation, AB 2221, and SB 897. Key changes proposed include:
•An ADU planning application would no longer be required to streamline the approval process. A ministerial building plan review would be the new process, consistent with the submittal requirements for a single-family dwelling or an addition to a single-family dwelling.
•Added provisions for JADUs.
•Added provisions for ADUs with multifamily development. •Added height requirements for ADUs (18 feet or 20 feet for detached ADUs and 25 feet for attached ADUs)
•Amended and clarified setback requirements. State law requires that front yard setbacks may be reduced to the extent to accommodate an 800 square-foot ADU. •Increase maximum size for detached ADUs from 1,200 square feet to 1,500 square feet.

State law provides that jurisdictions may have a maximum requirement of 1,200 square feet but no less. This proposed change is not a State requirement and is proposed to allow for larger ADU size that would be inclusive of many requests for single-wide manufactured homes greater than 1,400 square feet in size where larger lot sizes can accommodate them.
•Prohibits denial of an ADU due to non-conforming structures or code violations that do not present a threat to public health & safety.
•Includes requirements for City to provide full set of comments on why an application is denied and what can be done to fix an application to obtain approval per State law (60- day review required).

Chapter 9.295 Special Housing Types
The Special Housing Types Chapter of the Code is amended to add new sections including:
•Section 9.295.037 Multifamily Housing in Commercial Zones – AB 2011 and SB 6. This new Section is added to the Code and is required to comply with AB 2011 and SB 6, which became effective on July 1, 2023. Multifamily residential that meet specific criteria must be allowed in commercial zones where office, retail and parking are principally permitted uses. AB 2011 and SB 6 both allow multifamily residential in commercial zones, with different standards as follows:
oAB 2011 qualified projects are allowed in zones that allow office, retail, or parking as a principally permitted use. AB 2011 projects may be either mixed income or 100 percent affordable housing projects with the criteria being different for each.

The main difference is that mixed income projects have a set of prescriptive requirements that do not apply to 100 percent affordable projects, including:
▪Site size requirement of 20 acres or less.

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▪Minimum density ranges from 30-80 dwelling units per acre depending on site size, width of the adjacent street, proximity to transit and whether the site is in a metropolitan or non-metropolitan jurisdiction. ▪Height requirements.
▪Must have at least 50 feet of street frontage along a public street with a 70- foot to 150-foot right-of-way.

A streamlined ministerial review process is included for AB 2011 qualified projects which specifies review timelines per AB 2011. For projects with 150 units or less, applicants must be informed of inconsistencies with all qualifying criteria within 60 days, and projects must be processed and reviewed for all applicable AB 2011 and local objective standards within 90 days.
oSB 6 qualified projects are allowed on sites of 20 acres or less in zones that allow office, retail, or parking as a principally permitted use. The project must meet or exceed the default density under housing element law (i.e., 30 dwelling units per acre for Riverside County). As such, the standards of the closest zone that allows housing element default density would apply (i.e., HDR zone which is the closest zone to meeting the default density). The project must comply with all other objective standards for the parcel and be subject to impact fees as required. SB 6 qualified projects would require an application for Major Plot Plan review, discretionary review and Planning Commission hearing the same as for any new development in a commercial zone. The table below summarizes the different criteria for AB 2011 and SB 6.

AB 2011 Projects SB 6 Projects
Location Urbanized area or urban cluster Urbanized area or urban cluster Zoning &
Adjoining Uses
Commercial zones (office, retail,
parking); not on/adjacent to sites with
more than 1/3 industrial use & not in
proximity to a freeway or oil/gas
refinery
Commercial zones (office, retail,
parking); not on/adjacent to sites with
more than 1/3 industrial use
Project Type
Multifamily residential or mixed-use
with at least 2/3 residential or
transitional or supportive housing
Multifamily residential or mixed use with
minimum 50% residential
Labor
Requirements Prevailing wage required Prevailing wage required; “Skilled and trained workforce” required
Exempting
Parcels
May exempt parcels with written
findings and by designating “substitute”
parcels
May exempt parcels with written findings
and concurrently reallocate residential
density
Density Bonus Applies Applies
Affordable
Housing
Required (100% affordable or mixed
income projects) Not required
CEQA Exempt Not exempt*
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Approval
Process Streamlined, ministerial process No new process (Major Plot Plan) * *Unless applicant invokes SB 35 – Requiring certain affordable housing developments be approved through a ministerial process.
•Section 9.295.025 Emergency Shelter. This new Section is added to implement Housing Element Program Action 21 and comply with AB 2162 and AB 2339. The Emergency Shelter provisions include development standards on number of occupants (1 person per 125 square feet of floor area), parking, interior onsite waiting, client intake area, lighting, management, and security.
•Section 9.295.035 Low Barrier Navigation Centers. This new Section implements Housing Element Program Action 23 and includes the same development standards as Section

9.295.027 for Emergency Shelters, plus additional requirements related to services plan, coordinated entry system, and by right review as required by State law.

New Chapter 9.296 SB 9 Urban Lot Split and Two Unit Development A new Chapter (Chapter 9.296) is added to the Development Code that includes provisions for Urban Lot Splits and Two Unit Developments on single-family residential zoned properties. Per SB 9, which was signed into law in September 2021, cities must allow an existing single-family residential lot to be subdivided into a maximum of two lots and must permit the creation of housing development with no more than two residential units on lots within the single-family residential zone, including on lots subdivided pursuant to SB 9. SB 9 may result in the total development of up to two units per lot, on two separate lots, on what was formerly a single unit on a single-family residential lot. The law prohibits discretionary review or public hearings to review SB 9 development. The proposed SB 9 provisions were developed based on review of a variety of other city ordinances and the Western Riverside Council of Government’s (WRCOG) Model Ordinance prepared for use by Western Riverside County jurisdictions.

SB 9 Development Options: lot split

These new provisions include sections covering purpose, applicability, approving authority and general requirements related to compliance with Subdivision Map Act requirements, location and Item Title: 11.1
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zoning, owner occupancy requirements and deed restriction requirements, such as restricting rental of any dwelling on the property for less than 30 days. Specific standards for Urban Lot Splits and specific standards for Two-Unit Developments as follows:
•Urban Lot Splits – Urban Lot Splits may only be allowed in single-family zones and to be eligible for an urban lot split a property shall not be any of the following:
o Prime farmland of statewide importance.
o A wetland.
o Within a very high fire hazard severity zone.
o A hazardous waste site.
o Within a delineated earthquake fault zone.
o Within a 100-year flood hazard area.
o Protected habitat or land ID for conservation in a habitat conservation plan. o Designated historic property or property in a historic district.

Urban lot splits must comply with the Subdivision Map Act and are subject to standards for parcel size, access, dedication, easements, utilities, etc. As required under SB 9, the amendment provides that each resulting parcel shall be of approximately equal size and shall not be smaller than 40 percent of the lot area of the original parcel to be subdivided, or smaller than 1,200 square feet. A minimum 24-foot-wide street frontage/access to a street must be provided and lots must have separate utility connections and be required to connect to sewer. •Two Unit Development Standards:
oAllows two units on an existing legal lot or a proposed urban lot split. oRestricts each unit to a minimum 500 square feet and maximum 800 square feet in area. Setbacks and lot coverage of underlying zone apply to extent that two 800 square-foot units can be accommodated.
oIncludes parking requirement of one parking space for each dwelling unit, unless the primary dwelling was established on the lot prior to the two-unit development. oIncludes architectural standards for compatibility with an existing primary dwelling. oRequires separate utilities for each unit and requires connection to sewer. oFire-Hazard Mitigation Requirements are included.
oProhibits two units on a lot from being sold separately (no separate conveyance).

Chapter 9.300 Universal Definitions
Chapter 9.300 Universal Definitions is amended to add definitions for several terms that are added with updates throughout the Development Code including definitions for “Car-Share Vehicle,” “Employee Housing,” “Family,” “Farmworker,” “Farmworker Housing,” “Household,” “Individual Property Owner,” “Junior Accessory Dwelling Unit,” “Single Housekeeping Unit,” “Specific Adverse Impact,” Supportive Housing-Low Barrier Navigation Center,” “Supportive Services,” “Two Unit Development,” and “Urban Lot Split.” Each of the added definitions are per definitions in State law as applicable to provisions that have been added for compliance with State law.

Finally, the definition of “Density” is also revised for clarity and consistency with the General Plan.

Section 9.305.030 Density Bonus Definitions
Since new terms are added with the updates to the Density Bonus provisions, definitions for these terms are added to this section, including: “Concession or Incentive,” “Located within one-half mile of a major transit stop,” “Lower Income Student,” “Major Transit Stop,” “Shared Housing Item Title: 11.1
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Building,” and “Shared Housing Unit.” In addition, some definitions have been revised, including “Density Bonus,” “Housing Development,” “Maximum Allowable Residential Density,” “Total Units,” and “Total Dwelling Units.” New and revised definitions reflect definitions provided in State law as applicable to the Density Bonus provisions. They also implement Housing Element program actions that require these new or updated definitions.

Please note that since the time of the Planning Commission hearing, minor edits were made to the proposed amendments as follows:
•Under Section 9.295.020 Accessory Dwelling Units and Junior Accessory Dwelling Units note C.7. was added to require a Minor Plot Plan Review for subdivision proposals with multiple accessory dwelling units. Proposed language is:

“Residential Subdivisions with Multiple Accessory Dwelling Units. Multiple accessory dwelling units proposed in conjunction with single-family dwellings on multiple lots as part of a residential subdivision shall be subject to the Minor Plot Plan Review provisions of Chapter 9.80.”
•Under “Chapter 9.180 Density Bonuses, Incentives, and Concessions,” “Table 9.180.130- 1 Incentive Allowances for Qualified Housing Developments” was corrected to reflect the number of incentives described in text under “Section 9.180.130” and per latest State legislation, AB1287 signed by the Governor in October 2023.

Environmental Review
Staff has reviewed the proposed Development Code Amendment in accordance with the CEQA Guidelines and has determined that the Development Code Amendment is exempt pursuant to Statutory Exemptions Section 15282.h as the proposed amendment involves “adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65851.1 and 65852.2 of the Government Code as set forth in “Section 21080.17 of the Public Resources Code” and is exempt per Section 15061 (b) (3) “Common Sense Exemption” of the CEQA Guidelines, as the proposed Code Amendment is required to comply with State law and to implement several program actions of the City’s adopted 6th Cycle, 2021-2029 Housing Element. Therefore, it can be seen with certainty there is no possibility the proposed amendments will have a significant impact on the environment.

Additionally, the proposed Development Code Amendment implements the City’s adopted 6 th Cycle, 2021-2029 Housing Element of the General Plan. On December 15, 2021, the City Council adopted Resolution No. 21-1110 adopting the Final Programmatic Environmental Impact Report (“FPEIR”) for the Housing Element Update Project (State Clearinghouse No. 2022010031) (“Project”). Based on data and analysis and findings of the FPEIR, the Project would not directly result in significant adverse environmental impacts. All potential impacts were determined to be less than significant without mitigation or can be reduced to a less than significant level with implementation of the mitigation measures identified in the FPEIR. Additionally, no cumulative significant impacts were identified in the FPEIR based on findings that the Project’s contributions to such impacts are considered not to be cumulatively considerable Item Title: 11.1
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Public Notice
The proposed Project was published within The Press Enterprise and was also mailed to anyone requesting a notice on January 7, 2024, for the January 17, 2024, City Council hearing.

STRATEGIC PLAN OBJECTIVE
Thriving Economy

FISCAL IMPACT
There is no additional fiscal impact associated with the recommended action.

ATTACHMENTS

1. Ordinance

2. Exhibit A - Proposed Development Code Amendment

3. List of Amendments to Implement Housing Element Program Actions

4. Notice of Public Hearing
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9 ORDINANCE NO. 2024-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA APPROVING CODE AMENDMENT NO. LR23-0012, FINDING DEVELOPMENT CODE AMENDMENT NO. LR23-0012 EXEMPT FROM

ENVIRONMENTAL REVIEW AND ADOPTING DEVELOPMENT CODE
AMENDMENT NO. LR 23-0012 TO AMEND HOUSING RELATED PROVISIONS

OF THE MENIFEE MUNICIPAL CODE AS REQUIRED TO COMPLY WITH STATE LAW AND TO IMPLEMENT THE CITY’S 6 TH CYCLE, 2021-2029

HOUSING ELEMENT
WHEREAS, following adoption of the City’s 6 TH Cycle, 2021-2029 Housing Element in November 2022, the City of Menifee initiated an application for Development Code Amendment No. LR 23-0012 to amend the Development Code (Title 9 of the Menifee Municipal Code (“MMC”)) to comply with latest State housing law and to implement the policies and program actions of the City’s 6th Cycle, 2021-2029 Housing Element; and
WHEREAS, Development Code Amendment No. LR23-0012 consists of provisions to support greater housing opportunity to address the State housing crisis including provisions necessary to comply with several recent housing related laws, including but not limited to Senate Bill (SB) 9 related to urban lot splits and two unit developments, Assembly Bill (AB) 2221 and SB 897 related to accessory dwelling units and junior accessory dwelling units, SB 2, AB 2162, AB 139, and AB 2339 related to emergency shelters, supportive housing, and transitional housing, AB 101 related to low barrier navigation centers, AB 2011 and SB 6 related to multifamily housing development in commercial zones, and AB 2334, AB 1551 and AB 682 related to density bonus provisions; and
WHEREAS, Development Code Amendment No. LR23-0012 includes amendments to the following chapters and/or sections of the Development Code and includes the addition of new chapters and/or sections:
•Section 9.30.090 Approving Authority Table
•Chapter 9.35 Accessory Dwelling Unit Permit (removed chapter) •Chapter 9.85 Reasonable Accommodation
•Chapter 9.125 Agricultural & Rural Residential Zones
•Chapter 9.130 Residential Zones
•Chapter 9.135 Commercial and Industrial Zones
•Chapter 9.140 Economic Development Corridor Zones
•Chapter 9.180 Density Bonus
•Chapter 9.215 Parking and Loading Standards
•Chapter 9.295 Special Housing Types:
•Section 9.295.020 Accessory Dwelling Units
•Section 9.295.025 Affordable Housing in Commercial Zones (new section) •Section 9.295.027 Emergency Shelter (new section)
•Section 9.295.035 Low Barrier Navigation Center (new section) •Chapter 9.296 SB9 Urban Lot Split & 2-Unit Developments (new chapter) •Chapter 9.300 Universal Definitions
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9 •Section 9.305.030 Density Bonus & Related Terms Defined; and WHEREAS, the proposed amendments were presented to the City’s Developer Stakeholder Group at their meeting on September 28, 2023, where City staff received input and answered questions from the group including questions related to the unit size requirements of the SB 9, two-unit development standards and other provisions; and WHEREAS, the Developer Stakeholder Group was generally supportive of the proposed amendments and had no objections; and
WHEREAS, Development Code Amendment No. LR 23-0012 is consistent with the 2014 March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan and the 2010/2011 Perris Valley Airport Land Use Compatibility Plan; and
WHEREAS, a duly noticed public hearing scheduled on October 25, 2023, for the Planning Commission to consider proposed Development Code Amendment No. LR23-0012, amending the Development Code (Title 9 of the MMC), was publicly noticed by a publication in The Press Enterprise (a newspaper of general circulation), an agenda posting, and to persons requesting public notice; and
WHEREAS, on October 25, 2023, the City of Menifee Planning Commission, continued the proposed Development Code Amendment No. LR23-0012, to November 8, 2023 to allow staff to incorporate changes into the proposed Development Code Amendment for compliance with newly adopted State legislation related to density bonus requirements and ADUs; and WHEREAS, on November 8, 2023, the City of Menifee Planning Commission, held a duly noticed public hearing on the proposed Development Code Amendment No. LR23-0012, amending the Development Code (Title 9 of the MMC), for which a hearing was publicly noticed by a publication in The Press Enterprise (a newspaper of general circulation), an agenda posting, and to persons requesting public notice; and
WHEREAS, at the November 8, 2023, Planning Commission public hearing, based upon all materials and testimony considered, the Planning Commission voted 4-0 to adopt Resolution No. PC23-610 recommending that the City Council find the Code Amendment No. LR23-0012 exempt from environmental review under the California Environmental Quality Act and approve Code Amendment LR23-0012; and
WHEREAS, Code Amendment No. LR23-0012 was publicly noticed for a City Council public hearing to be held on January 17, 2024, provided by a publication in The Press Enterprise (a newspaper of general circulation), an agenda posting, and to persons requesting public notice; and
WHEREAS, on January 17, 2024, the City of Menifee City Council, held a public hearing on Code Amendment No. LR23-0012, considered all public testimony as well as all materials in the staff report and accompanying documents for Code Amendment No. LR23-0012.

NOW, THEREFORE, the City Council of the City of Menifee hereby ordains as follows:

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9 SECTION 1. The above recitals are true and correct and are incorporated herein.

SECTION 2. Chapter 9.35 of the Menifee Development Code is deleted in its entirety pursuant to Code Amendment No. LR23-0012 as shown in Exhibit “A,” attached hereto and incorporated herein. Deletions are shown via strikethrough and additions are shown via underline.

SECTION 3.Chapters 9.85, 9.125, 9.130, 9.135, 9.140, 9.180, 9.215, 9.295, and 9.300 and Sections 9.295.020 and 9.130.090 of the Menifee Development Code are amended pursuant to Code Amendment No. LR23-0012 as shown in Exhibit “A.” Deletions are shown via strikethrough and additions are shown via underline.

SECTION 3. Chapter 9.296 and Sections 9.295.025, 9.295.027, and 9.295.035 are added to the Menifee Development Code pursuant to Code Amendment No. LR23-0012 as shown in Exhibit “A.” Deletions are shown via strikethrough and additions are shown via underline.

SECTION 4.All ordinances, resolutions, or parts thereof in conflict with this Ordinance are hereby repealed.

SECTION 5:The proposed amendment to Title 9 of the MMC (Zoning and Development Code) is consistent with the intent of the goals and policies of the General Plan.

The proposed amendment is consistent with the intent of the goals and policies of the General Plan as the proposed amendment is necessary to comply with State law and to implement the City’s 6th Cycle, 2021-2029 Housing Element policies and program actions. Specifically, the proposed amendment is consistent the following housing related goals and policies of the General Plan:
•Goal HE-1: A diverse housing stock that offers a full range of housing opportunities for Menifee residents and supports the local economy.
oPolicy HE 1.5: Entitlement Process. Provide flexible entitlement processes that facilitate innovative housing solutions yet balance the need for developer certainty in the approval process.
oPolicy HE 1.6: Permit Process. Permit higher density housing in the 20.1-24 R General Plan designation per City policy.
•Goal HE-4: Effective and responsive housing program and policies. oPolicy HE 4.2: Fair Housing Programs. Support and implement housing programs that overcome patterns of segregation and housing discrimination. oPolicy HE 4.3: Housing Opportunities. Encourage development of opportunity sites and encourage affordable housing through density bonuses and related incentives.

SECTION 6:The proposed amendments to Title 9 of the MMC (Zoning and Development Code) prescribes reasonable controls and standards to ensure compatibility with other established uses.

The proposed amendments to the Zoning and Development Code prescribe reasonable controls and standards to ensure compatibility with other established uses as the proposed amendment consists of provisions to support greater housing opportunity to address the State housing crisis, to implement the City’s adopted Housing Element policies and program actions, and is limited to allowing housing uses, including affordable housing, density bonus provisions, Item Title: 11.1
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9 accessory dwelling units, supportive housing, transitional housing, emergency shelters, low barrier navigation centers, housing in commercial zones, and streamlining approvals for such uses to the extent that State law requires, while maintaining reasonable controls to the extent allowed by the law to ensure compatibility with other established uses.

SECTION 7:The proposed zone or amendments to this Title provides reasonable property development rights while protecting environmentally sensitive land uses and species.

The proposed amendment to the Zoning and Development Code will provide reasonable property development rights while protecting environmentally sensitive land uses and species as the proposed amendment consists of provisions to support greater housing opportunity to address the State housing crisis, to implement the City’s adopted Housing Element policies and program actions, and is limited to allowing housing uses, including affordable housing, density bonus provisions, accessory dwelling units, supportive housing, transitional housing, emergency shelters, low barrier navigation centers, housing in commercial zones, and streamlining approvals for such uses to the extent that State law requires, to provide reasonable property development rights while protecting environmentally sensitive land uses and species.

SECTION 8:The proposed amendments to Title 9 of the MMC ensures protection of the general health, safety, and welfare of the community.

The proposed amendment ensures protection of the general health, safety, or welfare of the community as the proposed amendment consists of provisions to support greater housing opportunity to address the State housing crisis, to implement the City’s adopted Housing Element policies and program actions, and is limited to allowing housing uses, including affordable housing, density bonus provisions, accessory dwelling units, supportive housing, transitional housing, emergency shelters, low barrier navigation centers, housing in commercial zones, and streamlining approvals for such uses to the extent that State law requires.

SECTION 9: Compliance with CEQA. The proposed amendments to Title 9 of the MMC (Zoning and Development Code) are in compliance with the requirements of CEQA.

Staff has reviewed the proposed Development Code Amendment in accordance with the CEQA Guidelines and has determined that the Development Code Amendment is exempt pursuant to Statutory Exemptions Section 15282.h as the proposed amendment involves “adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65851.1 and 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code” and is exempt per Section 15061 (b) (3) ‘Common Sense Exemption’ of the CEQA Guidelines, as the proposed Code Amendment is required to comply with State law and to implement the City’s adopted 6 th Cycle 2021-2029 Housing Element. Therefore, it can be seen with certainty that there is no possibility that the proposed amendments will have a significant impact on the environment.

Additionally, the proposed Development Code Amendment implements Program Actions 6, 21, 22, 23, 24, 26, 34, and 36 of the City’s adopted 6th Cycle, 2021-2029 Housing Element of the General Plan. On December 15, 2021, the City Council adopted Resolution No. 21-1110 adopting the Final Programmatic Environmental Impact Report (“FPEIR”) for the Housing Element Update Project (State Clearinghouse No. 2022010031) (“Project”). Based on data and analysis Item Title: 11.1
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9 and findings of the FPEIR, the Project would not directly result in significant adverse environmental impacts. All potential impacts were determined to be less than significant without mitigation or can be reduced to a less than significant level with implementation of the mitigation measures identified in the FPEIR. Additionally, no cumulative significant impacts were identified in the FPEIR based on findings that the Project’s contributions to such impacts are considered not to be cumulatively considerable.

SECTION 10. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Menifee hereby declares the Council would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, sub-divisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional, invalid, or ineffective.

SECTION 11. Effective Date. This ordinance shall take effect 30 days from the date of its adoption.

SECTION 12. Notice of Adoption. The Mayor shall sign this ordinance and the City Clerk shall attest and certify to the passage and adoption of this Ordinance and cause this Ordinance to be published using the alternative summary and posting procedure authorized under Government Code Section 36933.

This Ordinance was introduced for first reading on January 17, 2024, and PASSED, APPROVED, AND ADOPTED this 7th day of February 2024.

Bill Zimmerman, Mayor
Attest:

Sarah Manwaring, City Clerk
Approved as to form:

Jeffrey T. Melching, City Attorney
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MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code 1

9.30.090 Approving Authority
A. Recommending Authority . The recommending authority as designated in Table 9.30.090 -1 (Designated Authority for Permits and Approvals) shall hear and make recommendations on the proposed land use or development permit or approval in accordance with the requirements of this Title.

B. Approving Authority. The approving authority as designated in Table 9.30.090 -1 (Designated Authority for Permits and Approvals) shall approve, conditionally approve or deny the proposed land use or development permit or approval in accordance with the requirements of this Title.

Generally, the Director and his/her designee will make non -discretionary and discretionary decisions at the administrative level, the Planning Commission will make discretionary decisions, and the City Council will make the legislative decisions. In acting on a permit, the approving authority decision may be appealed pursuant to procedures set forth in Section 9.30.100 (Appeals).

Table 9.30.090-1: Designated Authority for Permits and Approvals Permit or Approval Type (Chapter) Type of
Action
Designated Authority1
Community
Development
Director
Planning
Commission City Council
Accessory Dwelling Unit Permit (9.35) Ministerial A
AB 2011 Multi-Family Ministerial Application Ministerial A Conditional Use Permit, Minor (9.40) Discretionary A
Conditional Use Permit, Major (9.40) Discretionary R A
Development Agreement (9.45) Legislative R R A
Finding of Public Convenience and Necessity (9.250) Discretionary R A General Plan Amendment (9.50) Legislative R R A
Home Occupation Permit (9.55) Ministerial A
Home-Based Business (9.55) Discretionary A
Large Family Daycare Permit (9.60) Ministerial A
Master Sign Program, Minor (9.65) Ministerial A
Master Sign Program, Major (9.65) Discretionary R A
Minor Exception (9.70) Discretionary A
Official Code Interpretation (9.10) Discretionary A
Planned Development Overlay (9.105) Legislative R R A
Planned Development (9.75) Discretionary R A
Plot Plan, Minor (9.80) Ministerial A
Plot Plan, Major (9.80) Discretionary R A
Reasonable Accommodation (9.85) Discretionary A
SB35 Multi-Family Ministerial Review Permit Ministerial A Sign Permit (9.90) Ministerial A
Similar Use Determination (9.95) Discretionary A
Specific Plan (9.100) Legislative R R A
Substantial Conformance Determination (9.25) Discretionary A Temporary Use Permit, Minor (9.105) Discretionary A
Temporary Use Permit, Major (9.105) Discretionary A
Two-Unit Development (9.296) Ministerial A
Exhibit - A
LR23-0012
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Table 9.30.090-1: Designated Authority for Permits and Approvals Permit or Approval Type (Chapter) Type of
Action
Designated Authority1
Community
Development
Director
Planning
Commission City Council
Urban Lot Split (9.296) Ministerial A
Variance (9.110) Discretionary R A
Zone Change/Zoning Code Amendment (9.105) Legislative R R A 1 A = Approving Authority; R = Recommending Authority
C. Multiple Entitlements. When a proposed project requires more than one permit or approval with more than one approving authority all project permits and approvals shall be processed concurrently and final action shall be taken by the highest -level designated authority for all such requested permits and approvals.

D. Referral to the Planning Commission. At any point in the review process, the Director may transfer approving authority to the Planning Commission at his/her discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project. Decisions referred to the Planning Commission shall be considered at a noticed public hearing. Public notice shall be provided and a public hearing conducted pursuant to Section 9.30.080 (Public Hearing and Public Notice). A referral to the Planning Commission is not an appeal and requires no appeal application or fee.

E. Referral to the City Council. At any point during the Planning Commission hearing, the Planning Commission may, by simple majority, transfer approving authority to the City Council because of policy implications, unique or unusual circumstances, or the magnitude of the project. Decisions referred to the City Council shall be considered at a noticed public hear ing. Public notice shall be provided and a public hearing conducted pursuant to Section 9.30.080 (Public Hearing and Public Notice). A referral to the City Council is not an appeal and requires no appeal application or fee.

F. City Council Referral back to Pl anning Commission. The City Council may refer any matter (including, but not limited to, those appealed to it) back to the Planning Commission in accordance with the provisions of Section 2.20.160 (City Council Referral Back to Planning Commission).

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TITLE 9: PLANNING AND ZONING
ARTICLE 2: ADMINISTRATION, PERMITS, AND PROCEDURES
Chapter 9.35 Accessory Dwelling Unit Permit
Contents:
• 9.35.010 Purpose
• 9.35.020 Applicability
• 9.35.030 Application and Required Fees
• 9.35.040 Approving Authority
• 9.35.050 Public Hearing and Notice
• 9.35.060 Standards of Approval
• 9.35.070 Findings for Approval
• 9.35.080 Notice of Decision
• 9.35.090 Effective Date
• 9.35.100 Appeals
• 9.35.110 Expiration
• 9.35.120 Extension of Time
• 9.35.130 Modifications

9.35.010 Purpose
This chapter establishes procedures for the review and approval of accessory dwelling units to protect and preserve existing neighborhoods while providing options to meet the various housi ng needs of the community in compliance with Government Code Section 65852.2.

9.35.020 Applicability
An Accessory Dwelling Unit Permit is required prior to establishment, construction, or modification of an accessory dwelling unit.

9.35.030 Application and Required Fees
A. Application Filing and Processing. Applications for an Accessory Dwelling Unit Permit shall be filed and processed in accordance with Chapter 9.30 (Common Application Processing Procedures).

B. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

9.35.040 Approving Authority
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Applications for an Accessory Dwelling Unit Permit shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals).

The designated approving authority is authorized to approve, alter, or deny an application for an Accessory Dwelling Unit Permit.

9.35.050 Public Hearing and Notice
No public hearing is required prior to action on an application for an Accessory Dwelling Unit Permit.

9.35.060 Standards of Approval
An application for an Accessory Dwelling Unit shall be considered and approved ministerially, without discretionary review or a hearing. The approving authority shall act on the application to create an accessory dwelling unit within 60 days from the date the City receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the approving authority may delay acting on the permit ap plication for the accessory dwelling unit until the applicable approving authority acts on the permit application to create the new single -family dwelling, but the application to create the accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60 -day time period shall be tolled for the period of the delay.

9.35.070 Findings for Approval
Prior to approving an application for an Accessory Dwelling Unit Permit, the approving authority shall make all the following findings:

A. The Accessory Dwelling Unit is consistent with the adopted General Plan and any applicable specific plan.

B. The Accessory Dwelling Unit meets all applicable standards for development of Chapter

9.295 Special Housing Types.

9.35.080 Notice of Decision
Written notice of decision shall be provided within three business days of the date of decision to the applicant and interested parties having requested such notices in writing. The Notice of Decision shall include:

A. The application request as acted upon by the Director.

B. The action taken by the Director.

C. Findings as listed for the permit.

9.35.090 Effective Date
Accessory Dwelling Unit Permits shall become effective on the date an approval is issued by the approving authority.

9.35.100 Appeals
Accessory Dwelling Unit Permits are ministerial and are not subject to appeal.

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9.35.110 Expiration
An approved Accessory Dwelling Unit Permit shall expire three years from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.110 (Permit Time Limits, Expiration, and Extensions).

9.35.120 Extension of Time
Accessory Dwelling Unit Permits may be extended in accordance with Subsection 9.30.110.C (Permit Extensions).

9.35.130 Modifications
Modifications to an approved Accessory Dwelling Unit Permit shall be processed as a new application.

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DEVELOPMENT CODE
Menifee, CA | Development Code Article 2, Page 9.85-1

Chapter 9.85 Reasonable Accommodation

Contents:

9.85.010 Purpose

9.85.020 Applicability

9.85.030 Application and Required Fees

9.85.040 Approving Authority

9.85.050 Public Hearing and Notice

9.85.060 Conditions of Approval

9.85.070 Findings for Approval

9.85.080 Notice of Decision

9.85.090 Effective Date

9.85.100 Appeals

9.85.110 Expiration

9.85.120 Extension of Time

9.85.130 Modifications

9.85.140 Consideration Factors

9.85.010 Purpose

It is the policy of the City, pursuant to the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter “fair housing laws”), to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This chapter establishes a procedure for making requests for reasonable accommodation in land use , zoning and building regulations, and policies, practices and procedures of the City to comply fully with the intent and purpose of fair housing laws.

9.85.020 Applicability

A request for reasonable accommodation may be made by any individual with a disability , his or her representative, or a developer or provider of housing or commercial services to individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.

9.85.030 Application and Required Fees

A. Application Filing and Processing. Applications for a Reasonable Accommodation shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).

B. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

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9.85.040 Approving Authority

Applications for a Reasonable Accommodation shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals).

The designated approving authority is authorized to approve, conditionally approve, alter, or deny applications for a Reasonable Accommodation. The designated authority shall make a determination on the application for Reasonable Accommodation within 30 days from receipt of the ap plication. Should additional information, consistent with fair housing laws, be requested from the applicant, the 30 -day time period for making a determination on the application shall be suspended until the additional information is provided. If the appro ving authority fails to make a determination within the effective 30 days, the application shall be deemed approved. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

9.85.050 Public Hearing and Notice

No public hearing is required prior to taking action on an application for a Reasonable Accommodation.

9.85.060 Conditions of Approval

In approving an application for a Reasonable Accommodation , the approving authority may impose reasonable and appropriate conditions in order to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the nece ssary findings. The approving authority may approve alternative reasonable accommodations that provide an equivalent level of benefit to the applicant.

9.85.070 Findings for Approval

Prior to approving an application for Reasonable Accommodation, the approving authority shall make all the following findings:

A. The housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws.

B. The requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws.

C. The requested accommodation would not impose an undue financial or administrative burden on the City, as “undue financial or administrative burden” is defined in fair housing laws.

D. The requested accommodation will not result in a fundamental alteration in the nature of the City’s zoning program, as “fundamental alteration” is defined in fair housing laws and interpretive case law.

E. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of the public, including an “Attractive Nuisance,” “Fire Hazard,” or “Public Nuisance” as defin ed by Section 11.20.010 Definitions of the Menifee Municipal Code. other individuals or substantial physical damage to the property of others.

9.85.080 Notice of Decision

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Written notice of decision shall be provided within three business days of the date of decision to the applicant by certified mail and to interested parties who have requested notices in writing. The notice shall include:

A. The application request as acted upon by the Director.

B. The action taken by the Director.

C. Findings as listed for the permit.

D. The deadlines, criteria and fees for filing an appeal.

9.85.090 Effective Date

Reasonable Accommodations shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

9.85.100 Appeals

Actions taken on an application for a Reasonable Accommodation are subject to appeal. Appeals shall be processed in accordance with Section 9.30.100 (Appeals), except that the period for filing an appeal of an action taken on an application for a Reasonable Accommodation shall be 30 days from the date of decision.

9.85.110 Expiration

Reasonable Accommodations shall expire one year from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.110 (Permit Time Limits, Expiration, an d Extensions).

9.85.120 Extension of Time

The expiration date of a Reasonable Accommodation may be extended in accordance with Subsection

9.30.110.C (Permit Extensions).

9.85.130 Modifications

Modifications to an approved Reasonable Accommodation shall be processed as a new application.

9.85.140 Consideration Factors

A. Necessity of Accommodation. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling:

1. Whether the requested accommo dation will affirmatively enhance the quality of life of one or more individuals with a disability;

2. Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation;

3. In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants; and Item Title: 11.1
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4. In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.

B. Fundamental Alteration to Zoning Program. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City’s zoning program:

1. Whether the requested ac commodation would fundamentally alter the character of the neighborhood;

2. Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking;

3. Whether the requested accommodation would substantially undermine any express purpose of either the city’s general plan or an applicable specific plan; and

4. In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between faci lities that are similar in nature or operation.

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Chapter 9.125 Agricultural and Rural Residential Zones

Contents:

9.125.010 Purpose

9.125.020 Description and Intent of Zone

9.125.030 Allowed Uses and Approval Requirements

9.125.040 Development Standards

9.125.010 Purpose

The purpose of this chapter is to establish agricultural and rural zones that provide appropriate locations for agricultural, rural mountainous, rural residential uses. These zones are consistent with and implement the adopted General Plan.

9.125.020 Description and Intent of Zone

The following descriptions identify the characteristic uses, intensity of uses, and level of development intended for each zone:

A. Agricultural (AG). Agricultural land including row crops, groves, nurseries, dairies, poultry farms, and other related uses. On e single -family detached residence allowed per 10 acres except as otherwise specified by a policy or zoning.

B. Rural Mountainous (RM). Single-family detached residences with a minimum lot size of 10 acres.

Generally characterized as areas of at least 10 acres where there are extensive areas of steep slopes of 25% or greater. Allows limited animal keeping, agriculture, recreational uses, governmental uses.

C. Rural Residential, 5-acre minimum (RR5). Single-family detached residences with a minimum lot size of 5 acres. Animal keeping, and agricultural uses are expected and encouraged; also allows recreational uses and governmental uses.

D. Rural Residential, 2-acre minimum (RR2). Single-family detached residences on parcels of 2 to 5 acres. Limited agriculture and equestrian and animal keeping uses are expected and encouraged.

E. Rural Residential, 1-acre minimum (RR1). Single-family detached residences on parcels of 1 to 2 acres. Limited agriculture, equestrian, and animal keeping uses are expected and encouraged.

F. Rural Residential, ½-acre minimum (RR1/2). Single-family detached residences on parcels of ½ to 1 acre. Limited agriculture and animal keeping is permitted. Intensive animal keeping is discouraged.

9.125.030 Allowed Uses and Approval Requirements

A. Allowed Use Table. Table 9.125.030 -1 identifies allowed uses and corresponding approval requirements for the agricultural and rural zones subject to compliance with all other provisions of this Title. Descriptions/definitions of many of the land uses can be found in Article 6 of this title (Definitions). The list of land uses on Table 9.125.030 -1 shall be permitted in one or more of the agricultural or rural residential as indicated in the columns corresponding to each zone.

B. Approval Requirements. Where indicated with a letter “P” the use shall be a permitted use. A letter “C” indicates the use shall be conditionally permitted subject to the approval of a conditional Item Title: 11.1
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use permit . Where indicated with a “ --,” the use is prohibited within the zone. The Additional Requirements column in the table identifies additional use regulations for specific uses and/or the specific chapter or section where additional regulations for that use type are located within this title, where applicable. Uses for which additional requirements are listed shall be allowed only upon satisfaction of the specified additional requirements. Under no circumstances shall Table

9.125.030-1 authorize a use without satisfaction of such specified additional requirements.

C. Unlisted Uses. Uses not specifically listed in this table shall be considered not permitted in all of the listed zones. The Community Development Director may make a determination pursuant to Chapter 9.95 (Similar Use Determination that new uses not listed here that have substantially similar characteristics to specific listed permitted uses may be considered permitted as the similar use by right, or conditionally as appropriate.

Table 9.125.030-1 Agricultural and Rural Residential Zones - Allowed Uses and Approval Requirements
Allowed Use
Additional
Requirements

RESIDENTIAL USES
Accessory Dwelling Unit (ADU) P P P P P P
Chapter 9.35 (Accessory
Dwelling Unit Permit)
and Chapter 9.25
(Special Housing Types)
Bed & breakfast establishment C C C C C C Chapter 9.245 (Bed & Breakfast Uses)
Congregate care facilities -- -- -- -- C C Chapter 9.270 (Care Facilities)
Duplex (two-family dwelling) -- -- -- -- -- --
Emergency shelters -- -- -- -- -- --
Employee Housing
6 or fewer residents
No more than 12 units or 36 beds

P
P

P
—

P
—

P
—

P
—

P
—

Family day care home, large P P P P P P Chapter 9.60 (Large Family Day Care Permit)
Family day care home, small P P P P P P
Farmworker Housing
6 or fewer residents
No more than 12 units or 36 beds

P
P

P
—

P
—

P
—

P
—

P
—

Group Residential Facility
6 or fewer residents
7 or more residents

P
—C

P
—C

P
—C

P
—C

P
—C

P
C

9.270 (Community Care
Facilities)
Guest house P P P P P P Chapter 9.295 (Special
Housing Types)
Home Occupation P P P P P P
Chapter 9.255 (Home
Occupation and Home-
Based Business)
Home-Based Businesses P P P P P P
Chapter 9.255 (Home
Occupation and Home-
Based Business)
Junior Accessory Dwelling Unit (JADU) P P P P P P Chapter 9.295 (Special Housing Types)
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Table 9.125.030-1 Agricultural and Rural Residential Zones - Allowed Uses and Approval Requirements
Allowed Use
Additional
Requirements
Manufactured Home P P P P P P
Mobile home park -- -- -- -- -- C
Chapter 9.295 (Special
Housing Types)

Multiple family -- -- -- -- -- --
Residential Care Facility -- -- -- -- C C 9.270 (Community Care Facilities)
Short-term rentals (less than 30 days) -- -- -- -- -- -- Single- family detached P P P P P P
Single-room occupancy units/Efficiency
Units -- -- -- -- -- -- Chapter 9.295 (Special
Housing Types)
Supportive housing CP CP CP CP CP CP
Transitional housing CP CP CP CP CP CP

NON-RESIDENTIAL USES
Animals, Small (e.g. hamsters, rabbits,
chinchillas, and similar sized animals)

Non-Commercial
Commercial
P
C
P
C
P
C
P
C
P
C
P
C
Chapter 9.235 (Animal
Keeping)
Animals, Medium (e.g. sheep, goats, pigs,
and similar sized animals)

Non-commercial
Commercial
P
C
P
C
P
C
P
C
P
--
P
--
Chapter 9.235 (Animal
Keeping)
Animals, Large (e.g. cows, horses,
camels, llamas, and other similar sized
animals)

Non-commercial
Commercial
P
C
P
--
P
C
P
C
P
--
P
--
Chapter 9.235 (Animal
Keeping)
Animal rescue C C C C C -- Chapter 9.235 (Animal
Keeping)
Apiary (non-commercial) P P P P P P Chapter 9.235 (Animal Keeping)
Aquaculture (commercial raising of fish,
frogs, shellfish, algae, etc.) C C C -- -- -- Chapter 9.235 (Animal Keeping)
Aviary (non-commercial)

Fewer than 50 birds.

Greater than 50 birds
P
C
P
C
P
C
P
C
P
C
P
C
Chapter 9.235 (Animal
Keeping)
Cemetery or Mausoleum C C C C -- --
Collection Containers -- -- -- -- -- --
Farms and agricultural operations
Non-commercial
Commercial
P
C
C
C
P
C
P
C
P
C
C
C
Fowl, non-crowing (Non-commercial) P P P P P P Chapter 9.235 (Animal Keeping)
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Table 9.125.030-1 Agricultural and Rural Residential Zones - Allowed Uses and Approval Requirements
Allowed Use
Additional
Requirements
Fowl, crowing (non-commercial) P P P P P -- Chapter 9.235 (Animal Keeping)
Future Farmers of America and 4-H
Educational Programs P P P P P P Chapter 9.235 (Animal
Keeping)
Educational Institution C C C C C C
Event Facilities -- -- C C -- --
Golf Courses C C C C C C
Governmental facilities C C C C C C
Kennels and catteries C -- C C C C Chapter 9.235 (Animal Keeping)
Marijuana dispensaries, mobile
marijuana dispensaries, marijuana
cultivation, and marijuana processing
-- -- -- -- -- --
Nurseries (wholesale and open to the
public) P -- C C C --
Does not include
cultivation of
marijuana/cannabis.

Parks and recreation areas P P P P P P
Petting Zoo P C C C C C Chapter 9.235 (Animal
Keeping
Public utility facilities C C C C C C
Religious Facilities C C C C C C
Shooting Ranges -- -- -- -- -- --
Stable, riding academy, large animal
boarding P -- C C C C Chapter 9.235 (Animal
Keeping)
Vineyards and wineries C C C C C C
Wireless Communication Facilities C C C C C C
Chapter 9.290 (Wireless
Communication
Facilities)

9.125.040 Development Standards

The development standards listed below are the minimum standards for development within the respective zones.

Table 9.125.040-2 Agricultural and Rural Residential Zones - Development Standards Standard
Additional
Requirements
LOT DIMENSIONS (Minimum)
Goss Lot Area (Acres) 10 10 5 2 1 0.5
Lot Width (Feet) 100 100 100 80 70 60
Lot Depth (Feet) 150 150 120 100 100 90
Frontage (Feet) 50 50 50 40 40 30
Frontage for a flag lot
(Feet) 40 40 30 30 30 25
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Table 9.125.040-2 Agricultural and Rural Residential Zones - Development Standards Standard
Additional
Requirements
SETBACKS (Minimum)1
Front Yard (Feet) 40 40 40 25 25 202
Corner Side Yard (Feet) 40 40 20 15 15 15
Interior Side Yard (Feet) 25 25 15 15 10 10
Rear Yard (Feet) 25 25 20 20 20 20
BUILDING HEIGHT (Maximum)
Building Height (Feet) 35 35 35 35 35 35 Chapter 9.160 (General Development Standards)
BUILDING COVERAGE (Maximum)
Building Coverage
(Percent) 10% 10% 15% 20% 25% 25%
OPEN SPACE COVERAGE (Minimum)
Open Space Required
(Percent) 75% 75% 70% 60% 50% 40%
Private Open
Space/Unit (Sq. Ft) N/A N/A N/A N/A N/A N/A

1. Setback encroachment allowances for architectural features and accessory structures can be found in 9.160.030

2. Side-loaded garages may have a front yard setback of 15 feet.

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Chapter 9.130 Residential Zones

Contents:

9.130.010 Purpose

9.130.020 Description and Intent of Zone

9.130.030 Allowed Uses and Approval Requirements

9.130.040 Development Standards

9.130.010 Purpose

The purpose of this chapter is to establish residential districts in the city that provide appropriate locations for low density residential, low medium density residential, medium density residential, medium high density residential, and high density residential. These zones are consistent with and implement the city’s General Plan land use categories.

9.130.020 Description and Intent of Zone

The following descriptions identify the characteristic uses, intensity of uses, and level of development intended for each zone:

A. Low Density Residential (LDR-1). Single-family detached residences with a minimum parcel size of ten thousand (10,000) square feet. Limited agriculture and animal keeping is permitted.

B. Low Density Residential (LDR-2). Single-family detached and attached residences with a with a minimum parcel size of seven thousand and two-hundred (7,200) square feet. Limited agriculture and animal keeping is permitted.

C. Low Medium Density Residential (LMDR). Single-family attached and detached residences with a density range of 5 to 8 dwelling units per acre.

D. Medium Density Residential (MDR). Single-family attached and detached residences, including townhouses, stacked flats, courtyard homes, patio homes, and zero lot line homes with a density range of 8 to 14 dwelling units per acre.

E. Medium High Density Residential (MHDR) . Single -family attached residences and multifamily dwellings such as triplexes, fourplexes, motorcourt clusters, and row townhomes with a density range of 14 to 20 dwelling units per acre.

F. High Density Residential (HDR). Multifamily dwellings; includes apartments and condominiums with a density range of 20 to 24 dwelling units per acre.

9.130.030 Allowed Uses and Approval Requirements

A. Allowed Use Table. Table 9.130.030 -1 identifies allowed uses and corresponding approval requirements for the residential zones subject to compliance with all other provisions of this Title.

Descriptions/definitions of many of the land uses can be found in Article 6 of this title (Definitions).

The list of land uses on Table 9.130.030-1 shall be permitted in one or more of the residential zones as indicated in the columns corresponding to each zone.

B. Approval Requirements. Where indicated with a letter “P” the use shall be a permitted use. A letter “C” indicates the use shall be conditionally permitted subject to the approval of a conditional use permit. Where indicated with a “ --,” the use is prohibited within the zone. Where indicated Item Title: 11.1
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with an "NA," the use is not applicable to the zone. The Additional Requirements column in the table identifies additional use regulations for specific uses and/or the specific chapter or section where additional regulations for that use type are located within this title, where applicable. Uses for which additional requirements are listed shall be allowed only upon satisfaction of the specified additional requirements. Under no circumstances shall Table 9.130.030-1 authorize a use without satisfaction of such specified additional requirements.

C. Unlisted Uses. Uses not specifically listed in this table shall be considered not permitted in all of the listed zones. The Community Development Director may make a determination pursuant to Chapter 9.95 (Similar Use Determination) that new uses not listed here that have substantially similar characteristics to specific listed permitted uses may be considered permitted as the similar use by right, or conditionally as appropriate.

Table 9.130.030-1 Residential Zones - Allowed Uses and Approval Requirements Allowed Use Additional Requirements

RESIDENTIAL USES
Accessory Dwelling Unit
(ADU) P P P P P P
Chapter 9.35 (Accessory Dwelling Unit
Permit)Chapter 9.295 (Special Housing
Types)
Affordable Housing
Development with a
minimum of 20 percent of
units affordable to lower
income households on
nonvacant HDR zoned sites
identified to accommodate
lower income RHNA in the
current housing element
and used in a prior housing
element.1

NA NA NA NA NA P
Per Government Code §65583.2(i),
such use shall be by-right and shall not
require discretionary review that would
constitute a “project” as defined in
Section 21100 of the Public Resources
Code (California Environmental Quality
Act “CEQA”)
Subject to Multifamily Objective Design
Standards
Affordable Housing
Development with a
minimum of 20 percent of
units affordable to lower
income households on
vacant HDR zoned sites
identified to accommodate
lower income RHNA in the
current housing element
and used in two prior
housing elements.2

NA NA NA NA NA P
Per Government Code §65583.2(i),
such use shall be by-right and shall not
require discretionary review that would
constitute a “project” as defined in
Section 21100 of the Public Resources
Code (California Environmental Quality
Act “CEQA”)
Subject to Multifamily Objective Design
Standards
Bed & breakfast
establishment C C C C -- -- Chapter 9.245 (Bed and Breakfast) Congregate care facilities C C C C C C Chapter 9.270 (Community Care Facilities)
Duplex (two-family
dwelling) P P P P P P
Emergency shelters -- -- -- -- -- P
As mandated by State law and City
Housing Element. Chapter 9.295
(Special Housing Types)In locations
specified in the Housing Element
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Table 9.130.030-1 Residential Zones - Allowed Uses and Approval Requirements Allowed Use Additional Requirements
Family day care home, large P P P P P P Chapter 9.60 (Large Family Day Care Permit)
Family day care home,
small P P P P P P
Group Residential Facility
Six or Fewer Residents
Seven or More Residents
P
C
P
C
P
C
P
C
P
C
P
C
Chapter 9.270 (Community Care
Facilities)
Guest house, accessory to
single-family detached P P P P P P Chapter 9.295 (Special Housing Types) Home Occupation P P P P P P Chapter 9.255 (Home Occupation and Home-Based Business)
Home-Based Businesses -- -- -- -- -- -- Chapter 9.255 (Home Occupation and Home-Based Business)
Junior Accessory Dwelling
Unit (JADU) P P P P P P Chapter 9.295 (Special Housing Types) Low Barrier Navigation
Center — P P P P P Chapter 9.295 (Special Housing Types) Manufactured Home P P P P P P
Mobile home park C C C C C C Chapter 9.295 (Special Housing Types) Multiple family -- P P P P P
Residential Care Facility C C C C C C Chapter 9.270 (Community Care Facilities)
Short-term rental — — — — — —
Single- family detached P P P P — —
Single-room occupancy
units -- -- -- -- -- P Chapter 9.295 (Special Housing Types) Supportive housing CP CP CP CP CP CP
Transitional housing CP CP CP CP CP CP

NON-RESIDENTIAL USES
Animals, Small (e.g.
hamsters, rabbits,
chinchillas, and similar sized
animals)

Non-Commercial
Commercial
P
--
P
--
P
--
P
--
P
--
P
-- Chapter 9.235 (Animal Keeping)
Animals, Medium (e.g.
sheep, goats, pigs, and
similar sized animals)

Non-commercial
Commercial
P
--
P
--
--
--
--
--
--
--
--
-- Chapter 9.235 (Animal Keeping)
Animals, Large (e.g. cows,
horses, camels, llamas, and
other similar sized animals)

Non-commercial
Commercial
P
--
P
--
--
--
--
--
--
--
--
-- Chapter 9.235 (Animal Keeping)
Apiary (non-commercial) P P -- -- -- -- Chapter 9.235 (Animal Keeping) Item Title: 11.1
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Table 9.130.030-1 Residential Zones - Allowed Uses and Approval Requirements Allowed Use Additional Requirements
Collection Containers -- -- -- -- -- --
Educational Institutions C C C C C C
Farms and agricultural
operations
Non-commercial
Commercial
C
C
--
--
--
--
--
--
--
--
--
--
Future Farmers of America
and 4-H Programs P P P P P P Chapter 9.235 (Animal Keeping) Fowl, Non Crowing P P -- -- -- -- Chapter 9.235 (Animal Keeping) Golf courses -- -- -- -- -- --
Governmental facilities C C C C C C
Kennels and catteries C C -- -- -- -- Chapter 9.235 (Animal Keeping) Marijuana dispensaries,
mobile marijuana
dispensaries, marijuana
cultivation, or marijuana
processing
-- -- -- -- -- --
Nurseries C -- -- -- -- -- Does not include cultivation of marijuana/cannabis.

Parks and recreation areas P P P P P P
Public utility facilities C C C C C C
Religious Institutions C C C C C C
Temporary real estate tract
offices P P P P P P
Wireless Communication
Facilities C C C C C C Chapter 9.290 (Wireless
Communication Facilities)
1 For list of sites, refer to the latest adopted Housing Element (For the 6th Cycle, 2021-2029 Housing Element, these sites are listed in Figure B- 1 and Table B-12 of Appendix B)
2 For list of sites, refer to the latest adopted Housing Element

9.130.040 Development Standards

The development standards listed below are the minimum standards for development within the respective zones.

Table 9.130.040-1 Residential Zones Development Standards Standard
Additional
Requirements
LOT DIMENSIONS (Minimum)
Net Lot Area
(Sq. Ft.) 10,000 7,200 6,000 5,000 3,000 3,000
Lot Width
(Feet) 60 40 40 30 30 30
Lot Depth
(Feet) 100 90 80 80 80 80
Frontage
(Feet) 40 40 40 30 30 30
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Table 9.130.040-1 Residential Zones Development Standards Standard
Additional
Requirements
Frontage for a
flag lot (Feet) 20 20 20 20 20 20
Frontage for a
cul-de-sac or
knuckle (Feet)
35 35 35 35 35 35
SETBACKS (Minimum)1
Front Yard
(Feet)2 15 15 15 15 15 15
Corner Side
Yard (Feet) 15 15 15 15 15 15
Interior Side
Yard (Feet) 5 5 5 5 min., 15
combined
5 min., 15
combined
5 min., 15
combined
Rear Yard
(Feet) 10 10 20 20 20 20
BUILDING HEIGHT (Maximum)
Building
Height (Feet) 40 40 40 40 50 50
BUILDING COVERAGE (Maximum)
Building
Coverage
(Percent)
50% 50% 50% 50% 60% 60%
OPEN SPACE COVERAGE (Minimum)
Open Space
Required
(Percent)
30% 30% 30% 30% 25% 20%
Private Open
Space/Unit
(Sq. Ft)
N/A N/A N/A 100 100 100

1. Setback encroachment allowances for architectural features and accessory structures can be found in 9.60.030.

2. Garages with entrances facing the street shall be set back no less than 20 feet.

Item Title: 11.1
Development Code Amendment and Ordinance Introduction
Item Page Number: 34

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January 17, 2024
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MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 3, Page 9.135-1

Chapter 9.135 Commercial and Industrial Zones

Contents:

9.135.010 Purpose

9.135.020 Description and Intent of Zone

9.135.030 Allowed Uses and Approval Requirements

9.135.040 Development Standards

9.135.010 Purpose

The purpose of this chapter is to establish business districts in the city that provide appropriate locations for commercial, office, and industrial uses. These districts are consistent with and implement the city’s General Plan land use categories. These districts provide sufficient and appropriately located land for general commercial and industrial uses that minimize impacts on residential neighborhoods.

9.135.020 Description and Intent of Zone

The following descriptions of each commercial and industrial zoning district identify the general characteristic uses, intensity of uses, and type of development intended for that district:

A. Commercial Retail (CR). Allows neighborhood, local, and regional serving retail and service uses.

Hotels are also permitted in this designation. The permissible development density is between the minimum and maximum floor area ratio (FAR) of 0.20 – 0.35.

B. Commercial Office (CO). Allows a variety of office-related uses, including financial, legal, insurance and other office s ervices; corporate offices; supporting hotel and ancillary retail uses are also permitted. The permissible development density is between the minimum and maximum floor area ratio (FAR) of 0.25 – 1.00.

C. Business Park (BP). Allows industrial and related uses including assembly and light manufacturing, repair facilities, and business parks, including corporate offices. Employee-intensive uses, including research and development, technology centers, "clean" industry, and supporting hotel and ancillary retail uses are also permitted. The permissible development density is between the minimum and maximum floor area ratio (FAR) of 0.25 – 0.60.

D. Heavy Industry (HI). Allows more intense industrial activities, such as manufacturing uses, that can generate significant impacts such as excessive noise, dust, and other nuisances. The permissible development density is between the minimum and maximum floor area ratio (FAR) of 0.15 – 0.50. (2023-365, 02/01/2023)

9.135.030 Allowed Uses and Approval Requirements

A. Allowed Use Table. Table 9.135.030 -1 identifies allowed uses and corresponding approval requirements for the commercial and industrial zones subject to compliance with all other provisions of this Title. Descriptions/definitions of many of the land uses can be found in Article 6 of this title (Definitions). The list of land uses on Table 9.135.030 shall be permitted in one or more of commercial and industrial zones as indicated in the columns corresponding to each zone.

B. Approval Requirements. Where indicated with a letter “P” the use shall be a permitted use. A letter “C” indicates the use shall be conditionally permitted subject to the approval of a conditional Item Title: 11.1
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Menifee, CA | Development Code Article 3, Page 9.135-2

use permit . Where indicated with a “ --,” the use is prohibited within the zone. The Additional Requirements column in the table identifies additional use regulations for specific uses and/or the specific chapter or section where additional regulations for that use type are located within this title, where applicable. Uses for which additional requirements are listed shall be allowed only upon satisfaction of the specified additional requirements. Under no circumstances shall Table

9.135.030-1 authorize a use without satisfaction of such specified additional requirements.

C. Unlisted Uses. Uses not specifically listed in this table shall be considered not permitted in all of the listed zones. The Community Development Director may make a determination pursuant to Chapter 9.95 (Similar Use Determination) that new uses not listed here that have substantially similar characteristics to specific listed permitted uses may be considered permitted as the similar use by right, or conditionally as appropriate.

Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements Allowed Use
Additional
Requirements
Adult businesses -- -- -- -- See Ordinance XX
Airport -- -- -- C
Ambulance services C C P P
Amusement arcade P -- C --
Amusement park, (including multiple
activities such as simulated flying,
racing, mini-golf, etc.)
Indoor
Outdoor
P
C -- P
C --
Animals, Small (e.g. hamsters, rabbits,
chinchillas, and similar sized animals)

Non-Commercial
Commercial
P
--
P
--
P
--
P
--
Chapter 9.235 (Animal
Keeping)
Animal hospitals and veterinary services
(with outdoor facilities)
P

C
--
P

C
C

--

Animal Rescue -- -- C C Chapter 9.235 (Animal
Keeping)
Antique shops, pawn shops, thrift stores P -- C -- Outside collection bins prohibited
Art gallery, library, reading room,
museum. P P -- --
Art supply shops and studios. P P P --
Auction Houses P -- P --
Auditoriums, event centers and
assembly areas, including live
entertainment:

Indoor
Outdoor
P
C
C
--
P
C
--
--
Bakery goods distributors. P -- P P
Bakery shops, Coffeehouse, Cybercafé,
Delicatessens, Ice cream shops P P P --
Banks and financial institutions. P P P --
Banquet facilities. C -- C --
Item Title: 11.1
Development Code Amendment and Ordinance Introduction
Item Page Number: 36

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MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 3, Page 9.135-3

Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements Allowed Use
Additional
Requirements
Batting cages – indoor
Outdoor
P
C -- C
C --
Billiard and pool halls, Bowling alleys P -- P -- Chapter 9.250 (Alcohol Sales)
Breweries, distilleries, and wine making
facilities with on-site tasting room and
sales for off-site consumption
C -- P -- Chapter 9.250 (Alcohol
Sales)
Business services P P P --
Car washes P -- C
Caretaker residence or on-site operator
residence, only as accessory to primary
use

C C C C
Catering services P -- P --
Cemeteries and mausoleums -- -- C C
Clinics, including but not limited to
medical and urgent care C C C --
Collection Containers -- -- -- --
Commercial television and radio
broadcast structures -- -- -- P
Concrete batch plants and asphalt plants -- -- -- C
Congregate care facility -- C C --
Chapter 9.270
(Community Care
Facilities)
Contractor, landscape and building
materials storage yard -- -- C C
Convenience stores, not including the
sale of motor vehicle fuel P -- P --
Dance Halls, night clubs, discos,
cabarets, cocktail lounges, lodges and
incidental dancing areas, and similar
facilities where dancing is the principal
use
C -- C -- Chapter 9.250 (Alcohol
Sales)
Day Care Center P C C --
Chapter 9.270
(Community Care
Facilities)
Department stores P -- P --
Drug Store P P -- --
Dry cleaning and laundromats (except
uniform supply and industrial
launderers);

P C C --
Educational Institution C C C C
Emergency shelters -- -- -- P
As mandated by State
law and City Housing
Element. Chapter 9.295
(Special Housing
Types)In locations
specified in the Housing
Element
Item Title: 11.1
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Menifee, CA | Development Code Article 3, Page 9.135-4

Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements Allowed Use
Additional
Requirements
Battery Energy Storage Facility, Utility
Scale -- -- C C Chapter 9.297 (Energy
Storage Facilities)
Equipment sales and rental, Large
(including large vehicles, trucks with
beds over 18 feet in length, eighteen
plus (18+) wheelers, and construction
equipment)
-- -- -- C
Equipment sales and rental, Small
(including rototillers, power mowers,
sanders, power saws, cement and
plaster mixers not exceeding 20 cubic
feet in capacity and other similar
equipment)

P -- C C
Fast food/quick service, with drive-
through C C C --
Fast food/quick service, without drive-
through P P P --
Feed and grain sales C -- -- P
Fertilizer production and processing
(organic or inorganic) -- -- -- C
Funeral parlor, mortuary with
crematorium -- C C --
Funeral parlor, mortuary without
crematorium P C C --
Gas station with/without convenience
store, with or without alcoholic
beverage sales, and with or without car
wash

C -- C C
General retail P -- -- --
General warehousing, distribution
centers, and storage (except noxious,
explosives, or dangerous materials)
-- -- -- P
Golf Course -- -- -- --
Golf driving range (not in association
with full scale course) C -- C --
Governmental facility P P P P
Grocery Store P -- -- -- Chapter 9.250 (Alcohol
Sales)
Hardware and Building Supplies
without outdoor sales/storage

with outdoor sales/storage
P

C
--

--
P

C
P

C

Health, fitness, dance, martial arts
studio
<5,000 sq.ft.
>5,000 sq.ft
P
C
C
C
P
C --
Heliports -- -- C C
Hospital C C -- --
Item Title: 11.1
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January 17, 2024
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MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 3, Page 9.135-5

Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements Allowed Use
Additional
Requirements
Hotels and resort hotels P C C --
Kennel or cattery -- -- C C Chapter 9.235 (Animal
Keeping)
Laboratories, research and development P P P --
Live/work units C C C --
Lumber yard -- -- -- C
Manufacturing, Handcraft P P P P
Manufacturing, Light-Intensity -- C P P
Manufacturing, Medium-Intensity -- C C P
Manufacturing, Heavy-Intensity -- -- -- P
Marijuana dispensaries, mobile
marijuana dispensaries, marijuana
cultivation, and marijuana processing
-- -- -- --
Massage Establishment C C -- --
Material storage yard -- -- C P
Membership clubs, organizations, and
lounges C C C --
Mobile home sales and storage, trailer
sales and rental house trailers C -- C C
Motels C -- -- --
Motocross Facilities, Bicycle (BMX)
course -- -- -- --
Motor vehicle body, paint and
upholstery shops C -- C P
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle parts and supply stores P -- C --
Motor vehicle repair/services (e.g. tune-
ups, emission tests, brakes, tires,
batteries, electrical)

P -- C P
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle repairs/services - major
(e.g., engine and transmission
repair/rebuild, etc.)
-- -- C P
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle sales and rental (including
outdoor display area and repairs
associated with sales)

C -- C --
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle wholesale, with no
outdoor display P P P P
Motor vehicle impound, wrecking and
junk yards -- -- -- C
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle, trailer or boat storage -- -- C (indoor
only) C
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Item Title: 11.1
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MENIFEE, CA

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Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements Allowed Use
Additional
Requirements
Multi-family dwellings in commercial
zones per AB 2011 & SB 6 P P -- --
Chapter 9.295 (Special
Housing Types) must
meet affordable or
mixed income criteria
per AB 2011 or criteria
per SB 6.

Nurseries and garden supply, indoor and
outdoor (retail sales only) P -- -- P
Does not include
cultivation of
marijuana/cannabis.

Offices, professional and medical P P P --
Parking lots and parking structures P P P P
Personal and Professional Services P -- P --
Public utility substations and storage
buildings -- -- -- P
Radio and television broadcasting and
recording studios P -- P --
Recreational vehicle, trailer and mobile
home sales and rental. C -- C C
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Recycling collection facilities C -- C C Chapter 9.280
(Recycling Facilities)
Recycling processing facilities -- -- C C Chapter 9.280 (Recycling Facilities)
Religious institutions P P P P
Restaurant P P P P Chapter 9.250 (Alcohol
sales)
Residential care facility -- C -- --
Chapter 9.270
(Community Care
Facilities)
Restaurants with breweries, distilleries
and/or wine making facilities with sales
for on-site and off-site consumption
C C C C Chapter 9.250 (Alcohol
sales)
Self-Storage, public storage facilities C -- C P
Shooting range; Indoor -- -- C --
Shooting range; Outdoor -- -- -- --
Simulated shooting games, Indoor (laser
tag, etc.) C -- C --
Simulated shooting games, Outdoor
(paintball, etc.) -- -- -- --
Solid Waste Disposal -- -- -- C
Specialized Retail P -- P --
Item Title: 11.1
Development Code Amendment and Ordinance Introduction
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January 17, 2024
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MENIFEE, CA

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Menifee, CA | Development Code Article 3, Page 9.135-7

Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements Allowed Use
Additional
Requirements
Sports and recreational facilities (not
including motor driven vehicles and
riding academies, but including archery
ranges, athletic playgrounds, athletic
fields, sports arenas, skating rinks, skate
parks stadiums, and commercial
swimming pools)
Indoor
Outdoor
P
C
--
--
C
C
--
--
Studios for professional work in or
teaching of any form of fine arts P C P --
Swap Meets (Indoor only) C -- -- C All activities must be conducted indoors.

Tattoo Establishments C C C -- Chapter 9.265 (Tattoo
Establishments)
Theater C -- C --
Tourist information centers P P P --
Towing services (with tow truck parking
- no auto storage) -- -- P P
Towing services (with tow truck parking
and auto storage) -- -- -- C
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Transportation Stations (bus, railroad
and taxi) P P P P
Trucking and freighting operations -- -- -- C
Uniform supplier and industrial
launderers -- -- C P
Utility offices, uses, and structures P P P P
Vehicle storage and impoundment
within an enclosed building -- -- P P
Vocational/trade school; C -- P C
Warehouse/club store, Standalone
facility 50,000 sq. ft. or larger C -- C --
Wholesale businesses with samples on
the premises but not including storage P -- P --
Wholesale stores and distributors -- -- C --
Wireless Communication Facilities C C C C
Chapter 9.290
(Wireless
Communications
Facilities)
(2022-351, 09/21/2022;2022-356, 10/05/2022;2023-365, 02/01/2023;2023-369, 04/05/2023)

9.135.040 Development Standards

Item Title: 11.1
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MENIFEE, CA

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The development standards listed below are the minimum standards for development within the respective zones. Separate development standards have been established for developments on a single lot and for those commercial shopping centers or industrial planned developments which multiple structures on one or more lots.

Table 9.135.040-1 Commercial and Industrial Zones - Development Standards for Developments within Planned Shopping Centers or Industrial Parks Standard Additional Requirements

MINIMUM LOT DIMENSIONS
Net Lot Area (Acre) 5 5 10 10

FLOOR AREA RATIO
Minimum 0.20 0.25 0.25 0.15
Maximum 0.35 1.0 0.60 0.50
YARDS/SETBACKS (Minimum)
Yard Adjacent to Street (Feet):

Arterial/Major/Secondary/Expressways1
Collector
Local
25 20
15 25
20 15
25 20
15 25
20 15

Yard Adjacent to Residential Zone (Feet) 25 25 50 50
Interior Side Yard (Feet) 0 0 0 0
Rear Yard (Feet) 15 10 10 25
Minimum Building Separation (Feet):

One story:

Two stories:

Three or more stories:
10 15
20 15
20 25
15 20
25 15
20 25

BUILDING HEIGHT (Maximum)
Principal Building (Feet) 50 50 50 50
BUILDING COVERAGE (Maximum)
Building Coverage (Percent) 30% 50% 40% 40%
OPEN SPACE COVERAGE (Minimum)
Landscaped Open Space Required (Percent) 20% 25% 25% 20%

FENCES, WALLS, HEDGES, SCREENING
Fence wall or hedge – maximum height
(feet) 6 6 6 6
Fence wall or hedge screening outdoor
storage –minimum/max height (feet) 6/8 N/A 6/12 6/12
Notes:

1. Roadway classifications per the General Plan Circulation Element

Table 9.135.040-2 Commercial and Industrial Zones - Development Standards for Development on Separate Lots
Standard Additional Requirements

MINIMUM LOT DIMENSIONS
Net Lot Area (Square Feet)1 -- 20,000 20,000 10,000
Lot Width (Feet) -- 100 100 75
Frontage (Feet) 30 60 80 80
FLOOR AREA RATIO2
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Minimum 0.20 0.25 0.25 0.15
Maximum 0.35 1.0 0.60 0.50
YARDS/SETBACKS (Minimum)
Yard Adjacent to Street (Feet):

Arterial
Collector
Local
25 20
15 25
20 15
25 20
15 25
20 15

Yard Adjacent to Residential Zone (Feet) 25 25 50 50
Interior Side Yard (Feet) 0 0 0 0
Rear Yard (Feet) 15 10 10 25
BUILDING HEIGHT (Maximum)
Principal Building (Feet) 50 50 40 40

BUILDING COVERAGE
Maximum (Percent) 30% 50% 40% 40%
OPEN SPACE COVERAGE (Minimum Percent)
Landscaped Open Space Required (Percent) 20% 25% 25% 20% FENCES, WALLS, HEDGES, SCREENING (Feet)
Fence wall or hedge – maximum height
(Feet) 6 6 6 6
Fence wall or hedge screening outdoor
storage –minimum/max height (Feet) 6/8 N/A 6/12 6/12

1. All legal commercial and industrial lots in existence prior to the adoption of this ordinance shall be treated as conforming lots with respect to lot sizes.

1.2. See Section 9.295.025 Multifamily Housing in Commercial Zones to determine density allowed in commercial zones subject to AB2011 and SB6.
(Ord. No. 2022-351, 09/21/2022)

Item Title: 11.1
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Item Page Number: 43

Menifee Mayor and City Council
January 17, 2024
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MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 3, Page 9.140-1

Chapter 9.140 Economic Development Corridor Zones

Contents:

9.140.010 Purpose

9.140.020 Description and Intent of Zone

9.140.030 Allowed Uses and Approval Requirements

9.140.040 Development Standards

9.140.050 Special Requirements for Mixed Uses and Residential Uses in Economic Development Corridor Zones

9.140.010 Purpose

The purpose of this chapter is to establish business districts in the City that provide appropriate locations for commercial, office, industrial and economic development. These districts are consistent with and implement the City’s General Plan.

9.140.020 Description and Intent of Zone

The following descriptions identify the characteristic uses, intensity of uses, and level of development intended for each zone:

A. Economic Development Corridor Northern Gateway (EDC-NG). Envisioned as a business park area with more intensive industrial uses (less office) than envisioned for the Scott Road EDC area.

Provides a buffer and transition between the commercial uses in Perris to the north and the residential uses in Menifee, south of McLaughlin Road.

B. Economic Development Corridor McCall Boulevard (E DC-MB). Envisioned as a mix of office, medical, and residential uses (assisted living, senior apartments, townhomes, etc.) that would be compatible with the Regional Medical Center and would provide health -related services in close proximity to Sun City residents.

C. Economic Development Corridor Community Core (EDC-CC). The Community Core is envisioned as the City’s primary activity center and gathering place. Civic and entertainment uses are envisioned here that are complemented with commercial retail uses and higher density housing options that encourage walkability and reduce the use of the automobile. This area is intended to function as the ceremonial “heart” or downtown of the City of Menifee and will serve as a transition from existing rural lots to more concentrated retail and office development moving east toward I-215.

D. Economic Development Corridor Newport Road (EDC -NR). The Newport Road Corridor is intended to provide neighborhood-oriented commercial uses that support the adjacent residential development to the north and south. Business park, office, or residential uses are envisioned along Bradley Road, to provide a buffer the commercial corridor and a logical transition to the adjacent single-family residential neighborhoods to the north.

E. Economic Development Corridor Southern Gateway (EDC -SG). Southern Gateway will feature a business park style of development consisting of light industrial and office uses, with commercial use opportunities. The objective is to allow development while preserving the rural character of the Southern Gateway area.

Item Title: 11.1
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January 17, 2024
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MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 3, Page 9.140-2

9.140.030 Allowed Uses and Approval Requirements

A. Allowed Use Table. Table 9.140.030 -1 identifies allowed uses and corresponding approval requirements for the EDC zones subject to compliance with all other provisions of this Title.

Descriptions/definitions of many of the land uses can be found in Article 6 of this title (Definitions).

The list of land uses, with the exception of prohibited uses, on Table 9.140.030-1 shall be permitted in one or more of the EDC zones as indicated in the columns corresponding to each zone.

B. Approval Requirements. Where indicated with a letter “P” the use shall be a permitted use. A letter “C” indicates the use shall be conditionally permitted subject to the approval of a conditional use permit . Where indicated with a “ --,” the use is prohibited within the zone. The Additional Requirements column in the table identifies additional use regulations for specific uses and/or the specific chapter or section where additional regulations for that use type are located within this title, where applicable. Uses for which additional requirements are listed shall be allowed only upon satisfaction of the specified additional requirements. Under no circumstances shall Table

9.140.030-1 authorize a use without satisfaction of such specified additional requirements C. Unlisted Uses. Uses not specifically listed in this table shall be considered not permit ted in all of the listed zones. The Community Development Director may make a determination pursuant to Chapter 9.95 (Similar Use Determination) that new uses not listed here that have substantially similar characteristics to specific listed permitted uses may be considered permitted as the similar use by right, or conditionally as appropriate.

Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements Allowed Use
Additional
Requirements
Accessory dwelling units P P P P P As allowed by State law Adult businesses -- -- -- -- -- See XX (Adult Use
Ordinance)
Airport C -- -- -- --
Ambulance services P C C C P
Amusement and game arcade -- -- P C P
Amusement park(including multiple
activities such as simulated flying,
racing, mini-golf, etc.)
Indoor
Outdoor
P
--
C
--
C
C
C
C
P
--
Art gallery, art studio, library, reading
room, museum P P P P P
Auction Houses:

Indoor
Outdoor
P
C
P
--
P
--
P
--
P
--
Auditoriums, event centers and
assembly areas, including live
entertainment:

Indoor
Outdoor
C
--
C
C
P
C
C
--
P
--
Chapter 9.250 (Alcohol
Sales)
Banks and financial institutions P P P P P
Batting cages – indoor
Outdoor
P
C
P
C
P
C
P
C
P
C
Item Title: 11.1
Development Code Amendment and Ordinance Introduction
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MENIFEE, CA

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Menifee, CA | Development Code Article 3, Page 9.140-3

Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements Allowed Use
Additional
Requirements
Billiard and pool halls, Bowling alleys P C P C P Chapter 9.250 (Alcohol Sales)
Breweries, distilleries, and wine making
facilities with on-site tasting room and
sales for off-site consumption
P P P P P Chapter 9.250 (Alcohol
Sales)
Business Services P P P P P
Car washes P C C P --
Caretaker residence or on-site operator
residence, only as accessory to primary
use

P -- -- -- P
Catering services P C C C P Includes truck parking
Cemeteries, crematories and
mausoleums C C -- C C
Clinics, including but not limited to
medical and urgent care. P P P P P
Collection Containers -- -- -- -- --
Commercial radio and television
broadcasting C C C C C
Community center P P P P P
Concrete batch plants and asphalt
plants -- -- -- -- --
Congregate care facility -- C C C --
Chapter 9.270
(Community Care
Facilities)
Contractor, landscape and building
materials storage yards (new) -- -- -- -- --
Contractor, landscape and building
materials storage yards (legally existing
as of the effective date of this
ordinance)

C -- -- -- C
Convalescent hospital/care facility -- P C C C
Dance Halls, night clubs, discos,
cabarets, cocktail lounges, lodges and
incidental dancing areas, and similar
facilities where dancing is the principal
use
C C C C C Chapter 9.250 (Alcohol
Sales)
Day Care Center C C C C C
Chapter 9.270
(Community Care
Facilities)
Dry cleaning and laundromat (except
uniform supply and industrial
launderers);
-- C P P C
Educational Institution C C C C C
Emergency shelters 1 P P P P P
As mandated by State
law and City Housing
Element. See footnote1
below.Chapter 9.295
(Special Housing Types)
Item Title: 11.1
Development Code Amendment and Ordinance Introduction
Item Page Number: 46

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January 17, 2024
Page
596 of 932

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 3, Page 9.140-4

Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements Allowed Use
Additional
Requirements
Equipment (new) sales, Large (including
large vehicles, trucks with beds over 18
feet in length, eighteen plus (18+)
wheelers, and construction equipment)

P -- -- -- C
May not be located
within 1,000 feet of the
freeway right-of-way.

Equipment (new) sales Small (including
rototillers, power mowers, sanders,
power saws, cement and plaster mixers
not exceeding 20 cubic feet in capacity
and other similar equipment)

P C C C C
May not be located
within 1,000 feet of the
freeway right-of-way.

Fast food/quick service, with drive-
through; C C C C C
Fast food/quick service, without drive-
through P P P P P
Feed and grain sales C -- -- P C
Fertilizer production and processing
organic or inorganic -- -- -- -- --
Gas station with or without a
convenience store, with or without
alcoholic beverage sales, and with or
without car wash

C C C C C
Chapter 9.250 (Alcohol
Sales).

In SG-May not be
located south of Scott
Road.

General Retail P P P P P
Golf Course -- C C C --
Golf driving range (not in association
with full scale course) C C C C C
Governmental facility P P P P P
Grocery Store, Drug Store P P P P P Chapter 9.250 (Alcohol Sales)
Guns and ammunition store C -- C C C
Hardware or Building Supplies Sales
without outdoor sales/storage
with outdoor sales/storage
P

C
P

C
P

C
P

C
P

C

Health, fitness, dance, martial arts
studio
<5,000 sq.ft.
>5,000 sq.ft
P
C
P
C
P
C
P
C
P
C
Heliports C C C C C
Hospital C C C C C
Hotels and resort hotels P P P P P
Kennel or cattery C C C C C Chapter 9.235 (Animal
Keeping)
Live/work units (2) C C C C C
Low Barrier Navigation Center P P P P P Chapter 9.295 (Special Housing Types)
Manufacturing, Handcraft P C P C P
Manufacturing, Light-Intensity P C P C P
Manufacturing, Medium-Intensity P -- -- -- P
Item Title: 11.1
Development Code Amendment and Ordinance Introduction
Item Page Number: 47

Menifee Mayor and City Council
January 17, 2024
Page
597 of 932

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 3, Page 9.140-5

Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements Allowed Use
Additional
Requirements
Manufacturing, Heavy-Intensity C -- -- -- --
Marijuana dispensaries, mobile
marijuana dispensaries, marijuana
cultivation, and marijuana processing
-- -- -- -- --
Massage Establishment P C C C C
Meat packaging plants, poultry and egg
processing, processing and rendering of
fats and oils
-- -- -- -- --
Membership clubs, organizations, and
lounges C C C C C
Mobile home sales and storage, trailer
sales and rental house trailers C -- -- -- --
Motocross Facilities, Bicycle (BMX)
course C -- -- -- --
Motor vehicle body, paint and
upholstery shops P C -- C C
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle repair/services (e.g. tune-
ups, emission tests, brakes, tires,
batteries, electrical

P P C P P
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle repairs - major (e.g.,
engine and transmission repair/rebuild,
etc.)

C C -- C C
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle sales and rental
(including outdoor display area and
repairs associated with sales):

Automobiles Sales
Automobile Rental
Boats and RVs Sales and Rental
C
C
C
C
C
C
C*
C
C
C
C
C
C
C
C
Chapter 9.240 (Motor
Vehicle and Related
Uses).
*P - Permitted in the
EDC-CC Auto Overlay
Motor vehicle wholesale, with no
outdoor display C -- -- -- --
Motor vehicle wrecking and junk yards -- -- -- -- --
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle, trailer or boat storage –
Indoor
Outdoor
--
--
--
--
--
--
--
--
--
--
Motorcycle sales/service C P C P P
Multi-family dwellings C C C C C
Subject to Section

9.140.050 (Special
Requirements for
Mixed Uses and
Residential Uses in EDC
Zones). May not be
located within 1,000
feet of the I-215 right-
of-way.

Item Title: 11.1
Development Code Amendment and Ordinance Introduction
Item Page Number: 48

Menifee Mayor and City Council
January 17, 2024
Page
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MENIFEE, CA

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Menifee, CA | Development Code Article 3, Page 9.140-6

Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements Allowed Use
Additional
Requirements
Multi-family dwellings in commercial
zones per AB 2011 & SB 6. -- P P P --
Chapter 9.295 (Special
Housing Types) must
meet affordable or
mixed income criteria
per AB 2011 or criteria
per SB6.

Natural gas, above ground storage C -- -- -- C
Nurseries and garden supply, indoor
and outdoor (retail sales only) C C C C C
Does not include
cultivation of
marijuana/cannabis.

No outdoor bulk
materials.

Offices (professional and medical) P P P P P
Outdoor dining P P P P P
Chapter 9.260
(Outdoor Sales,
Display, and Dining)
Parking lots and parking structures. P C C P P
Personal Services C P P P C
Pet shops, pet supply, and pet care and
grooming P P P P P
Public utility substations, offices and
storage buildings P P P P P
Recording studios P P P P P
Recycling collection facilities C C -- C C
Chapter 9.280
(Recycling Facilities);
May not be located
within 1,000 feet of the
freeway right-of-way.

Recycling processing facilities C -- -- -- --
Chapter 9.280
(Recycling Facilities);
May not be located
within 1,000 feet of the
freeway right-of-way.

Religious Institutions C C C C C
Research and development (except
noxious, explosives, or dangerous
materials)

P -- P -- P
Residential care facility C C C C C
May not be located
within 1,000 feet of the
I-215 right-of-way.

Restaurants P P P P P Chapter 9.250 (Alcohol
sales)
Restaurants with ancillary breweries,
distilleries and/or wine making facilities
with sales for on-site and off-site
consumption
P P P P P Chapter 9.250 (Alcohol
sales)
Self-Storage, public storage facilities
(new) -- -- -- -- --
Item Title: 11.1
Development Code Amendment and Ordinance Introduction
Item Page Number: 49

Menifee Mayor and City Council
January 17, 2024
Page
599 of 932

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 3, Page 9.140-7

Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements Allowed Use
Additional
Requirements
Self-Storage, public storage facilities
with or without manager's residence
onsite (existing as of the effective date
of this ordinance)

C C C C C
May expand only
within the footprint of
the existing
development/property.

Shooting range; Indoor P C C C C
Shooting range; Outdoor -- -- -- -- --
Single-family residences C C C C C
Requires tentative
tract map approval.

May not be located
within 1,000 feet of the
I-215 right-of-way.

Smoking Lounge C C C C C
Solid Waste Disposal -- -- -- -- --
Sports and recreational facilities (not
including motor driven vehicles and
riding academies, but including archery
ranges, athletic playgrounds, athletic
fields, sports arenas, skating rinks, skate
parks, stadiums, and commercial
swimming pools)

C C C -- C
Supportive Housing C C C C C
Swap Meets (Indoor only) -- -- -- -- --
Tattoo Establishments C C C -- -- Chapter 9.265 (Tattoo Establishments)
Theaters C C P C P
Transitional Housing C C C C C
Towing services (with tow truck parking,
no auto storage) p C -- -- C
Truck stops -- -- -- -- --
Trucking and freighting operations C C -- -- C
Vocational/trade school; P C C C P
Warehouse (except noxious, explosives,
or dangerous materials)
Fulfillment Center
Warehousing, logistics and
distribution facility
P
P
--
--
--
--
--
--
--
--
Warehouse/club store, Standalone
facility 50,000 sq. ft. or larger C C C C C
Warehouse/club store, Standalone
facility under 50,000 sq. ft. P P P P P
Wedding chapels C C C C C
Wholesale businesses with samples on
the premises but not including storage. P P P P P
Wholesale stores and distributors C C C C C
Wireless Communication Facilities C C C C C
Chapter 9.290
(Wireless
Communication
Facilities)
Item Title: 11.1
Development Code Amendment and Ordinance Introduction
Item Page Number: 50

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January 17, 2024
Page
600 of 932

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 3, Page 9.140-8

Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements Allowed Use
Additional
Requirements
FOOTNOTES:

1. Emergency Shelters shall:

A. Provide on-site facilities management personnel during all hours that the emergency shelter is in operation.

B. Be located no less than 300 feet from another emergency shelter.

C. Provide adequate lighting to illuminate the entire outdoor and parking areas of the property.

D. Provide security during all hours that the emergency shelter is in operation. (2022-337, 03/16/2022;2022-351, 09/21/2022;2023-365, 02/01/2023)

9.140.040 Development Standards

The development standards listed below are the minimum standards for development within the respective zones.

Table 9.140.040-2 Economic Development Corridors Zones - Development Standards Standard
Additional
Requirements
LOT DIMENSIONS (Minimum)
Net Lot Area (Sq. Ft.) 15,000 15,000 15,000 10,000 20,000

FLOOR AREA RATIO
Maximum 1.0 1.0 1.0 1.0 1.0
YARDS/SETBACKS (Minimum)
Front Yard 25 25 25 25 25
Mixed Use Setback
Requirements:

9.40.080.B
Yard Adjacent to Residential Zone
(Feet) 25 25 25 25 25
No buildings or structures
shall be located within an
encroachment plane
sloping upward and
inward to the site at a 45-
degree angle,
commencing 15 feet
above the existing grade
at the property line (see
Figure 9.140-1: Rear or
Side Yard Setback and
Encroachment Plane on a
Residentially Zoned Lot).

Interior Side Yard (Feet) -- -- -- -- --
Street Side Yard Setback 15 15 15 15 25
Rear Yard (Feet) 10 15 15 15 10
BUILDING HEIGHT (Maximum)
Building Height (Feet) 100 45 75 45 75
BUILDING COVERAGE (Maximum)
Building Coverage (Percent) -- -- -- -- --
OPEN SPACE COVERAGE (Minimum)
Item Title: 11.1
Development Code Amendment and Ordinance Introduction
Item Page Number: 51

Menifee Mayor and City Council
January 17, 2024
Page
601 of 932

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 3, Page 9.140-9

Table 9.140.040-2 Economic Development Corridors Zones - Development Standards Standard
Additional
Requirements
Landscaped Open Space Required
(Percent):

10% 10% 10% 10% 10%
Percent of the total lot
area excluding that
portion of the lot
contained within the
required front setback
area.

FENCES, WALLS, HEDGES, SCREENING (Feet)
Fence wall or hedge – maximum
height (Feet) 6 6 6 6 6
Fence wall or hedge screening
outdoor storage –minimum/max
height (Feet)
6/12 6/8 6/8 6/8 6/12

Figure 9.140-1: Rear or Side Yard Setback and Encroachment Plane on a Residentially Zoned Lot

9.140.050 Special Requirements for Mixed Uses and Residential Uses in Economic Development Corridor Zones

A. Intent of Mixed Uses. The mixed-use allowances within the Economic Development Corridor (EDC) Zones are intended to enhance, revitalize, and provide opportunities for new development in designated areas of the community. This allows for retail and service commercial businesses (local and regional) and moderate - to high -density residential uses to be integrated vertically or horizontally for the benefit of the communityconsistent with the General Plan.

B. Mixed Use Setback Requirements. Within the required front setback area, paved walkways for pedestrian use shall be augmented with landscaping such as planters and trees. Elements enhancing the pedestrian experience shall be incorporated into the design of the front setback, including but not limited to, benches, lighting schemes, and decorative paving.

1. Mixed-use developments where the front lot line abuts a major traffic corridor must have a minimum front yard setback of 40 feet.

2. Mixed-use developments where the front lot line does not abut a major traffic corridor must have a minimum front yard setback of 25 feet.

Item Title: 11.1
Development Code Amendment and Ordinance Introduction
Item Page Number: 52

Menifee Mayor and City Council
January 17, 2024
Page
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MENIFEE, CA

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Menifee, CA | Development Code Article 3, Page 9.140-10

C. Mixed Use Notification Requirements. The following notification requirements for mixed use developments in a designated EDC district apply:

1. Residents (owners and tenants) of new residential and mixed-use development projects in an Economic Development Corridor Zone where residential uses are allowed shall be notified in writing before taking up residence that they will be living in an urban -type environment and that noise levels may be higher than a strictly residential area.

2. The conditions of approval of a residential or mixed -use project within an Economic Development Corridor Zone will require prospective residents to acknowledge the receipt of the written noise notification. Signatures shall confirm receipt a nd understanding of this information.

D. Restrictions on Land Uses and Activities in a Vertically Integrated Mixed -Use Development.

Economic Development Corridor Zones featuring vertically integrated mixed -use developments shall be subject to the following use limitations:

1. Commercial, office or institutional development component shall comprise a minimum of 0.3 FAR of the overall development.
a. A project consisting entirely of deed-restricted affordable housing will not be required to have a commercial feature component but shall be limited to the EDC districts’ residential percentage limit of the City’s General Plan.
b. Commercial storefronts in the Community Core and Southern Gateway Zones are required along stre et frontages. Residential development(s) are not allowed street frontage in these EDC Zones.
c. Live-work units are allowed as part of a mixed-use development. Dwelling areas in multi- family residential units are not allowed to be devoted solely to a commerci al, office, or production activity.

2. Prohibited Land Uses and Activities in a vertically integrated mixed -use development. The following activities are prohibited within vertically integrated mixed-use developments:
a. General auto repair including paint or body work, auto maintenance or similar use. b. Manufacturing or industrial activities, including, but not limited to, welding, machining or open flame work, except those necessary as part of an art or jewelry producing activity. c. Any other activity, as determin ed by the Community Development Director to be incompatible with residential activities and/or to have the possibility of adversely impacting the health or safety of residents due to the potential for the use to create late- night activity, dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products or wastes, within individuals units or to adjoining/surrounding units.

3. Loading and unloading activities. Conditions of approval for a mixed -use development shall indicate the times when the loading and unloading of goods, products, supplies or similar items will occur. Loading or unloading activities are prohibited between 10:00 p.m. and 7:00 a.m. the following morning on any day of the week.

4. Conversion to Residential. A mixed-use building shall not be converted to entirely residential use unless the development is consistent with all of the standards of this chapter, including

9.140.050.D.1.b and 9.140.050.E.2 regarding street frontage and freeway adjacency. The Item Title: 11.1
Development Code Amendment and Ordinance Introduction
Item Page Number: 53

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January 17, 2024
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Menifee, CA | Development Code Article 3, Page 9.140-11

conversion project proposal must first be reviewed and approved by the Planning Commission. A certificate of occupancy for the conversion is required.

E. Special Requirements for Residential Uses in EDC Zones. All residential uses in EDC zones shall be subject to the following provisions:

1. Residential uses shall not exceed 15% of the total Economic Development Corridor acreage.

2.1. Residential developments shall be integrated vertically with non-residential uses and shall not be are allowed as "stand alone" projects or but not allowed on EDC parcels directly adjacent to a freeway (residential developments may not be located within 1,000 feet of the I-215 right- of-way per table above and General Plan).

3.2. New residential developments in the Economic Development Corridor Zones are required to include a commercial, office or institutional component and/or enter into an agreement with the City for the development of a commercial, office or institutional facility on another property within the same Economic Development Corridor Zone and within a specified time period.

4.3. Residential density limitations are established within the General Plan and are in addition to other applicable requirements of this chapter.

F. Single Family Residential Developments in EDC Zones. Single Family residential uses in EDC zones shall be subject to the following requirements:

1. Single-family dwellings existing as of the effective date of the Ord. 2015 -180, passed 11-18- 2015 in an Economic Development Corridor Zone shall be considered as permitted uses and shall be subject to development standards for LDR-2 zone, as set forth in Chapter 9.130 of this Title or other zone as determined by the Community Development Director.

2. Tract maps approved prior to the effective date of this chapter located within any Economic Development Corridor Zone shall be considered a permitted residential use and shall be subject to the appropriate Residential Zone development standards of Chapter 9.130 of this Title, as determined by the Community Development Director.

3. Single-family residential portions of mixed -use developments shall be subject to the development standards of the appropriate residential zone in Chapter 9.130, as determined by the Community Development Director.

G. Multi-Family Residential Developments in E DC Zones. Multi-family residential uses shall be subject to the development standards of the appropriate zone in Chapter 9.130, as determined by the Community Development Director.

H. Mixed-Use Multi-Family Developments in EDC Zones. The provisions of this section shall apply to multi-family residential portions of mixed -use developments in addition to other applicable requirements of this chapter.

1. Maximum Number of Bedrooms per Unit. No single dwelling unit shall have more than 4 bedrooms, unless otherwise approved by the Planning Commission.

2. Residential Building Separation. Residential developments and residential portions of mixed- use developments shall meet the minimum building separation requirements as established below:

Item Title: 11.1
Development Code Amendment and Ordinance Introduction
Item Page Number: 54

Menifee Mayor and City Council
January 17, 2024
Page
604 of 932

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 3, Page 9.140-12

Minimum Building Separation
(Same Recorded Lot)
From 1 story to 1 story building 15 ft.

From 1 story to 2 story building 20 ft.

From 2 story to 2 story building 20 ft.

Additional story either building 20 ft. plus 5 ft. per additional story above 2 for either building

3. Elevation of First Floor. The first habitable floor of a residential-only building shall be located not more than 4 feet above and not more than one foot below the elevation of the adjacent sidewalk or the finished grade 8 feet from of the foundation.

4. Open space, recreation and leisure area requirements for residential components of integrated mixed-use developments. Residential components of mixed -use developments shall provide open space, recreation, and leisure areas at a minimum of 300 square feet per dwelling unit.

The following spaces shall contribute to the open space, recreation area, and leisure area requirement:
a. Private Open Space. Private open space shall be provided at each unit. Private open space may be provided in the form of a patio, yard, balcony or combination thereof and shall be directly adjacent to and accessible from each unit. Private open space shall have a minimum area of 90 square feet, with a minimum depth dimension of 6 feet and a minimum width dimension of 10 feet.
b. Active Recreation Areas.
i. Active recreation areas shall include one or more of the following: spa, pool, indoor equipped work -out room(s), tennis, volleyball, racquetball courts, basketball half court, or other similar usable recreational activities as determined acceptable by the Planning Commission during a discretionary review. Active recreation areas shall be open to and accessible to all residents of the mixed-use complex. The required active recreational amenities shall be based on a needs assessment evaluation of the proposed project. The evaluation shall take into consideration the following criteria:
a. Size and shape of active recreation area;
b. Location and placement of buildings;
c. Diversity of recreational amenities needed based upon anticipated resident mix;
d. Number of units, size mixture of units, and lot size. ii. Active recreation areas shall not be less than 20 feet in width or depth. Increased dimensions may be required through the discretionary review process based upon specific project circumstances and the intended use of that active recreation area. iii. Active recreation areas may be located indoors, in outdoor portions of habitable levels, or on roof decks. Active recreational areas located in this manner shall not contribute more than 50% of the required open space, recreation, and leisure areas, unless otherwise approved by the Planning Commission.
iv. Active recreation areas shall be buffered from adjacent residentially zoned lots.

Active recreation areas that feature such activities as pools, spas, court activities Item Title: 11.1
Development Code Amendment and Ordinance Introduction
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shall be placed and operated so as not to infringe upon the peacefulness of nearby residential units or adjoining residential properties.
c. Passive Recreation Areas. Passive recreation areas shall incorporate pathways, waterscape, hardscape (i.e., large rocks or boulders, benches, gazebo s, raised planters constructed on site of bricks, concrete or rocks, or other materials) and unique features that enhance the appearance, desirability and usability of the area. The intent is to provide landscaped areas that can be utilized for walking, s itting, viewing plants and vegetation, reading, and similar types of passive activities. Passive recreation areas shall have a minimum dimension of 10 feet in width and 30 feet in length. These areas shall not contribute more than 50% of the required open space, recreation and leisure areas.

An area designated as a "Community Garden" may contribute up to 25% of the required open space, recreation and leisure area(s) of a residential development. d. Mixed Use Shared Passive Recreation Areas. Passive recreation areas and joint use patios and plazas may contribute to the requirement for open space, recreation and leisure areas. Passive areas are generally shared with commercial, office or institutional components in a mixed-use development. Passive recreation areas do not include areas used for outdoor dining, fenced or otherwise restricted for use by a single business or tenant. Shared passive recreation areas shall have a minimum dimension of 10 feet in width and 30 feet in length. Such areas shall not contribute to more than 25% of the required open space, recreation and leisure areas.

5. Additional multi-family residential unit requirements. Each residential unit in a multi -family component of a mixed-use development shall comply with the following requirements:
a. Laundry Facilities. Each unit shall be provided with washer and dryer hookups and laundry space within the unit. For apartment units, common laundry facilities may be provided.
b. Storage Facilities. Each unit shall be provided with a separate st orage area having a minimum of 300 cubic feet of private and secure storage space. This storage space may be located within the parking garage provided it does not interfere with garage use for automobile parking. Closet and cupboard space within the dwelling unit shall not count toward meeting this requirement.

Item Title: 11.1
Development Code Amendment and Ordinance Introduction
Item Page Number: 56

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January 17, 2024
Page
606 of 932

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 4, Page 9.180-1

Chapter 9.180 Density Bonuses, Incentives, and Concessions

Contents:

9.180.010 Purpose

9.180.020 Applicability

9.180.030 Eligibility for Density Bonus and Incentives

9.180.040 Application and Required Fees

9.180.050 Effect of Proposal for Waiver or Reduction of Development Standards

9.180.060 Density Bonus Allowance for Housing Development with Affordable Housing Component

9.180.070 Density Bonus for Housing Development with Affordable Housing Component and Childcare Facility

9.180.080 Density Bonus for Senior Citizen Housing Development

9.180.090 Density Bonus for Housing Development with Affordable Housing Component for Transitional Foster Youth, Disabled Veterans, or Homeless Persons

9.180.100 Density Bonus for Student Housing Development with Affordable Housing Component

9.180.110 Density Bonus for Land Donations

9.180.115 Density Bonus for Shared Housing Building

9.180.117 Density Bonus for Commercial Development Part nering with an Affordable Housing Developer

9.180.120 Affordable Housing Incentives

9.180.130 Number of Incentives Granted

9.180.140 Criteria for Denial of Application for Incentives

9.180.150 Waiver or Modification of Development Standards

9.180.160 Parking Standard Modifications for Qualified Housing Developments

9.180.170 Density Bonus and Affordable Housing Incentive Program

9.180.180 Determination on Density Bonus and Affordable Housing Incentive Program Requirements

9.180.190 Affordable Housing Agreement and Equity Sharing Agreement

9.180.200 Density Bonus or Incentives for Condominium Conversion Projects

9.180.210 Enforcement Provisions

Item Title: 11.1
Development Code Amendment and Ordinance Introduction
Item Page Number: 57

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January 17, 2024
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MENIFEE, CA

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Menifee, CA | Development Code Article 4, Page 9.180-2

9.180.010 Purpose

This chapter implements the statutory requirements set forth in Government Code Sections 65915–65918 (known as state density bonus law). To the extent practicable, the citation to the governing statutory provision is included next to the implementing ordinance section. If any provision of this chapter conflicts with state law, the latter shall control. Applicable statutes should be c onsulted for amendments prior to applying the ordinance provision.

9.180.020 Applicability

The density bonuses , incentives and concessions contained in this chapter shall apply to housing developments eligible for a density bonus under state density bonus law. When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within, the City’s jurisdiction that meets the requirements set out in California Government Code Section 65915, the actions and procedures set out in this chapter shall apply. The burden is on the applicant to show that the housing development meets such requirements. The density bonus provisions of California Government Code Section 65915 et seq., as may be amended from time to time, are incorporated by reference into this chapter. The City reserves the right to review applications for a density bonus in accordance with state density bonus law. Please refer to the Chapter 9.305 (Special Standard and Use Definitions ) of this Development Code for definitions applicable to the density bonus provisions of this Chapter.

9.180.030 Eligibility for Density Bonus and Incentives

A. Density bonuses are available to affordable housing developers in accordance with this chapter for the following:

1. Housing developments, including a shared housing building development, for rental or sale to lower income households, which include a minimum affordable housing component (Section

9.180.060 and Section 9.180.070.A115).

2. Housing developments which include a minimum affordable housing component and a childcare facility (Section 9.115180.070).

3. Senior citizen housing developments, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. A senior housing development may also include a shared housing building development. (Section 9.180.080).

4. Housing development which include s a minimum affordable housing component for transitional foster youth, disabled veterans, or homeless persons (Section 9.180.090).

5. Student housing developments which include a minimum affordable housing component (Section 9.180.100).

6. Land donations for very low-income housing (Section 9.180.110115.090).

6.7. Commercial development partnering with an affordable housing developer which includes a minimum affordable housing component (Section 9.180.117).

B. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels (Government Code Section 65915(i)).

9.180.040 Application and Required Fees

Item Title: 11.1
Development Code Amendment and Ordinance Introduction
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January 17, 2024
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MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 4, Page 9.180-3

A. Application Filing and Processing. When an applicant seeks a density bonus for a housing development that meets the criteria in Section 9.180.060, the affordable housing developer shall comply with all the following requirements:

1. File an application for a density bonus in accordance with this section that includes a minimum affordable housing component, whether or not the project also requires or has been granted a conditional use permit or other permits or approvals (Government Code Section 65915(d)(1)).

2. State in the application the specific minimum affordable housing component proposed for the housing development (Government Code Section 65915(b)(2)).

3. Enter into an agreement with the City or its designee pursuant to Section 9.180.190 (Affordable Housing Agreement and Equity Sharing Agreement) to maintain and enforce the affordable housing component of the housing development (Government Code Section 65915(c)).

B. Application Fees . Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

1. If an application for a density bonus requires an unusual amount or specialized type of study or evaluation by City staff, consultant or legal counsel, City staff shall estimate the cost thereof and require the applicant to pay an additional fee or make one or more deposits to pay such cost before the study or evaluation is begun. On completion of the study or evaluation, and before the City Council decides the application, City staff shall determine the actual cost of the work and the difference between th e actual cost and the amount paid by the applicant, and shall require the applicant to pay any deficiency or shall refund to the applicant any excess.

9.180.050 Effect of Proposal for Waiver or Reduction of Development Standards

A proposal for the waiver or reduction of development standards shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Government Code Section 65915(d).

9.180.060 Density Bonus Allowance for Housing Development with Affordable Housing Component

A. If the requirements of Section 9.280.030 (Eligibility for Density Bonus and Incentives) are met, the affordable housing developer is entitled to a density bonus pursuant to Government Code Section 65915(f) as shown in Table 9.180.060 -1, Density Bonus Allowance for Housing Development Projects with Affordable Housing Component.

Table 9.180.060-1 Density Bonus Allowance for Housing Development Projects with Affordable Housing Component*
Household Income
Category
Minimum
Percentage of
Affordable
Units**
Minimum
Density Bonus
Additional Density
Bonus for Each 1%
Increase in
Affordable Units
Maximum
Percentage of
Affordable
Units
Maximum
Possible
Density
Bonus
Affordable Housing Development
Very Low Income 5% 20% 2.50% up to 11%
affordable units 11% 35%
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Table 9.180.060-1 Density Bonus Allowance for Housing Development Projects with Affordable Housing Component*
Household Income
Category
Minimum
Percentage of
Affordable
Units**
Minimum
Density Bonus
Additional Density
Bonus for Each 1%
Increase in
Affordable Units
Maximum
Percentage of
Affordable
Units
Maximum
Possible
Density
Bonus
12% 38.75% 3.75% up to 15%
affordable units 15%**** 50%
100%***** 80% - 100% 80%
Low Income
10% 20% 1.50% up to 20%
affordable units 20% 35%
21% 38.75% 3.75% up to 24%
affordable units 24%**** 50%
100%***** 80% - 100% 80%
Moderate Income
(Common Interest
Developments)***
10% 5% 1% up to 40%
affordable units 40% 35%
41% 38.75% 3.75% up to 44%
affordable units 44%**** 50%
100%***** 80% - 100% 80%
*All density bonus calc ulations resulting in fractions are rounded up to the next whole number (Government Code Section 65915(f)(5)).
**Affordable unit percentage is calculated excluding units added by a density bonus. ***Moderate income density bonus applies to for sale units, not rental units. ****No additional density bonus provided for increase in percentage of affordable units above percentage shown, unless 100% affordable units.
*****Applies when 100% of the total units (other than manger’s unit) are restricted to very low, lower , and moderate income (maximum 20% moderate).

B. As demonstrated in Table 9.180.060 -1, the amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable units offered by the applicant exceeds the percentage of the minimum affordable housing component ; the applicant may also elect to accept a lesser percentage of density bonus (Government Code Section 65915(f)).

C. Bonus units are not subject to affordability restrictions in addition to the number of affordable units required to qualify for the density bonus.

C. All density calculations resulting in fractional units shall be rounded up to the next whole number (Government Code Section 65915(f)(5)).

9.180.070 Density Bonus for Housing Development with Affordable Housing Component and Childcare Facility

A. Criteria. For a density bonus to be granted pursuant to Subsection 9.180.070.B relative to a minimum affordable housing component with a childcare facility in a housing development, all of the following shall be satisfied:

1. The development complies with Section 9.2180.030 (Government Code Section 65915(h)(1)).

2. The housing development includes a childcare facility that will be located on the premises of, as part of, or adjacent to the housing development (Government Code Section 65915(h)(1)).

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3. Approval of the housing development is conditioned to ensure that both of the following occur:
a. The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the affordable units are required to remain affordable pursuant to Section 9.180.190 (Government Code Section 65915(h)(2)(A)). b. Of the children who attend the childcare facility , the children of very low -income households, low-income households, or moderate-income households shall constitute a percentage that is equal to or greater than the percentage of dwelling units that are required under the respective minimum affordable housing component income category for which the density bonus is sought (Government Code Section 65915(h)(2)(B)).

B. The City is authorized to not provide a density bonus as provided in this section upon substantial evidence that the community has adequate childcare facilities (Government Code Section 65915(h)(3)).

C. Density Bonus Allowance. If the requirements of Subsection 9.180.070.A are met, an applicant for a housing development with an affordable housing component and childcare facility is entitled to:

1. A density bonus pursuant to Section 9.180.060 (Density Bonus Allowance for Housing Development with Affordable Housing Component); and

2. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility (Government Code Section 65915(h)(1)(A)).

9.180.080 Density Bonus for Senior Citizen Housing Development

An applicant for a senior citizen housing development or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Civil Code Section 798.76 or 799.5 is entitled to a density bonus of 20% of the number of senior citizen housing development units ., up to a maximum of 50% (Government Code Section 65915(b)(1)(C)&(f)(3)(A)). No affordable units are required for senior units.

9.180.090 Density Bonus for Housing Development with Affordable Housing Component for Transitional Foster Youth, Disabled Veterans, or Homeless Persons

An applicant for a housing development which includes a minimum affordable of ten percent of the total units of a housing development component provided at the same affordability level as very low income units and limits residency for that component to individuals qualifying as for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541 of the Government Code, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.) and having the same affordability level as very -low income units, is entitled to a density bonus of 20% of the number of units set aside for transitional foster youth, disabled veterans, and homeless persons (Government Code Section 65915(b)(1)(E)&(f)(3)(B)). The units shall be subject to a recorded affordability restriction of 55 years.

9.180.100 Density Bonus for Student Housing Development with Affordable Housing Component

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A. Criteria. For a density bonus to be granted pursuant to Subsection 9.180.100.C relative to a student housing development with minimum affordable housing component, all of the following shall be satisfied.

1. All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this subclause, the developer shall, as a condition of approval, provide evidence to the City prior to building permit issuance, that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are not sufficient students enrolled in an institution of higher education to fill all units in the student housing development (Government Cod e section 65915(b)(1)(F)(I).

2. The applicable 20 -percent units will be used for lower income students (Government Code section 65915(b)(1)(F)(i)(II)).

1.3. The rent provided in the applicable units of the development for lower income students is calculated at 30 percent of 65 percent of the area median income for a single-room occupancy unit type (Government Code section 65915(b)(1)(F)(III)).

2.4. The housing development gives priority to lower income students experiencing homelessness (Government Code section 65915(b)(1)(F)(IV)).

3. The housing development includes a minimum affordable housing component for lower income students as defined by Government Code section 65915(b)(1)(F)(II).

4. The development complies with Section 9.280.030 (Government Code Section 65915(b)(1)(F)(I)).

B. Unit. For purposes of calculating a density bonus pursuant to this section, the term “unit” as used in this section means one rental bed and its pro rata share of associated common area facilities.

C. Density Bonus Allowance. If the requirements of Subsection 9.180.100.A are met, an applicant for a student housing development with an affordable housing component is entitled to a density bonus of 35% of the number of student housing units. (Government Code section 65915(F)(3)).

9.180.110 Density Bonus for Land Donations

A. Criteria. For a density bonus for a qualified land donation to be granted pursuant to Section

9.180.110.B, all the requirements of this section shall be met.

1. The applicant is applying for a tentative subdivision map, parcel map or other residential development approval (Government Code Section 65915(g)(1)).

2. The application includes at least a 10% minimum affordable housing component for very low- income households (Government Code Section 65915(g)(1)).

3. The applicant agrees to donate and transfer qualified land, which is land that meets both theAn applicant shall be eligible for an increased density bonus described in this section if all of the following criteria and conditions are met:
a. The developable acreage and zoning classification of the land being transferred must be sufficient to permit construction of units affordable to very low-income households in an Item Title: 11.1
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amount equal to not less than 10% of the number of residential units of the proposed development pursuant to Section 8116 -2.5.1(a) (Government Code Section 65915(g)(2)(B)).
b. The transferred land shall be at least 1 acre in size or of sufficient size to permit development of at least 40 units, have the appropriate General Plan land use designation, be appropriately zoned with appropriate development standards for development at the density described in Government Code Section 65583.2(c)(3), and be is or will be served by adequate public facilities and infrastructure (Government Code Section 65915(g)(2)(C)).
b.c. The qualified land shall be transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to an approved housing developer (Government Code Section 65915(g)(2)(F)). c.d. The qualified land has all of the permits and approvals, other than building permits , necessary for the development of the very low -income housing affordable units on the qualified land, not later than the date of approval of the final subdivision map, parcel map or residential development application filed. However, the City may subject the proposed development to subsequent design review to the extent authorized by Government Code Section 65583.2(i) if the design is not reviewed by the City prior to the time of transfer (Government Code Section 65915(g)(2)(D)). d.e. The qualified land shall be donated and transferred no later than the date of approval of the final subdivision map, parcel map, or residential development application (Government Code Section 65915(g)(2)(A)).
e.f. The qualified land and the affordable units are subject to a deed restriction ensuring continued affordability of the units consistent with Section 9.180.190 (Affordable Housing A greement and Equity Sharing Agreement) 070 (Density Bonus for Housing Development with Affordable Housing Component and Childcare Facility), which must shall be recorded against the qualified land at the time of the transfer (Government Code Section 65915(g)(2)(E)).
f.g. The qualified land is within the boundary of the proposed development or, if the City agrees, within 0.25 mile of the boundary of the proposed development (Government Code Section 65915(g)(2)(G)).
g.h. A proposed source of funding for the very low-income household units shall be identified no later than the date of approval of the final subdivision map, parcel map or residential development application (Government Code Section 65915(g)(2)(H)).

B. Density Bonus Allowance for Qualified Land Donation for Very Low -Income Housing . If the requirements of Section 9.180.110.A are satisfied, the applicant shall be entitled to at least a 15% increase above the otherwise maximum allowable residential density for the entire development, as shown in Table 9.180.110 -1, Density Bonus Allowances for Qualified Land Donation Projects (Government Code Section 65915(g)(1 )). This increase shall be in addition to any increase in density allowed under this Chapter, as mandated by Government Code Section 65915(b), up to a maximum combined mandated density increase of 35 percent if an applicant seeks an increase pursuant to both this Section and Government Code Section 65915(b). All density calculations resulting in fractional units shall be rounded up to the next whole number.

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Table 9.180.110-1 Density Bonus Allowances for Qualified Land Donation Projects Household
Income Category
Minimum Percentage of
Very Low-Income Units
Density
Bonus
Additional Density Bonus
for Each 1% Increase
in Very Low-Income Units
Maximum Possible
Density Bonus
Very Low Income 10% of entire development 15% 1% 50%35% (max. combined)
C. All density calculations resulting in fractional units shall be rounded up to the next whole number (Government Code Section 65915(g)(2)).

9.180.115 Density Bonus for Shared Housing Building

A. Criteria. In order for a density bonus to be granted for a shared housing building under subsection

9.180.030.A.1, of this chapter, the shared housing development must meet the following criteria:

1. The shared housing building is a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants.

2. The kitchens and dining areas w ithin the shared building shall be able to adequately accommodate all residents.

3. A shared housing building may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25 percent of the floor area of the shared housing building.

4. A shared housing building may include incidental commercial uses, provided that those commercial uses are otherwise allowable and are located only on the ground floor level of the shared housing building closest to the street or sidewalk of the shared housing building.

5. A shared housing unit means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of “guestroom” in Section R202 of the California Residential Code.

9.180.117 Density Bonus for Commercial Development Partnering with an Affordable Housing Developer

A. When an application for approval of a commercial development has entered into an agreement for partnered housing described in Section 9.180.117.C, to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the City shall grant to the commercial developer a development bonus as prescribed in Section 9.180.117.C. Housing shall be constructed on the site of the commercial development or on a site that is all of the following:

1. Within the boundaries of the City.

2. In close proximity to public amenities including schools and employment centers.

3. Located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code.

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B. The development bonus granted to the commercial developer shall mean incentives, mutually agreed upon by the developer and the City, that may include, but are not limited to, any of the following:

1. Up to a 20 percent increase in maximum allowable intensity in the General Plan.

2. Up to a 20 percent increase in maximum allowable floor area ratio.

3. Up to a 20 percent increase in maximum height requirement.

4. Up to a 20 percent reduction in minimum parking requirements.

5. Use of a limited-use/limited-application elevator for upper floor accessibility.

6. An exception to a zoning ordinance or other land use regulation.

C. For purposes of this section, the agreement for partnered housing shall be between the commercial developer and the housing developer, shall identify how the commercial developer will contribute affordable housing, and shall be approved by the City.

D. For purposes of this section, affordable housing may be contributed by the commercial developer in one of the following manners:

1. The commercial developer may directly build the units.

2. The commercial developer may donate a portion of the site or property elsewhere to the affordable housing developer for use as a site for affordable housing.

3. The commercial developer may make a cash payment to the affordable housing developer that shall be used towards the costs of constructing the affordable housing project.

E. For purposes of this section, Government Code Section 65915(c)(3)(A) shall apply.

F. Nothing in this section shall preclude additional allowances or incentives offered to developers by the City pursuant to law or regulation.

G. If the developer of the affordable units does not commence with construction of those units in accordance with timelines ascribed by the agreement described in Section 9.180.117.C, the City may withhold certificates of occupancy for the commercial development under construction until the developer has completed construction of the affordable units.

H. In order to qualify for a development bonus under this section, a commercial developer shall partner with a housing developer that provides at least 30 percent of the total units for low-income households or at least 15 percent of the total units for very low-income households.

I. Nothing in this section shall preclude an affordable housing developer from seeking a density bonus, concessions or incentives, waivers or reductions of development standards or parking ratios under this Chapter.

J. A development bonus pursuant to this section shall not include a reduction or waiver of the requirements within an ordinance that requires the payment of a fee by a commercial developer for the promotion or provision of affordable housing.

K. For purposes of this section, “partner” means formation of a partnership, limited liability company, corporation, or other entity recognized by the state in which the commercial development applicant and the affordable housing developer are each partners, members, shareholders or other participants, or a contract or agreement between a commercial development applicant and affordable housing developer for the development of both the commercial and the affordable housing properties.

L. This section shall remain in effect until January 1, 2028 and as of that date areis repealed.

9.180.120 Affordable Housing Incentives

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Government Code Subsections 65915(d), (j), (k) and (l) govern the following provisions regarding affordable housing incentives.

A. Qualifications for Incentives. Subject to Section 9.180.140 (Criteria for Denial of Application for Incentives), all of the following applicable requirements must be satisfied in order for an applicant to be granted an incentive(s) pursuant to this subsection and Section 9.180.130 (Number of Incentives Granted):

1. The applicant for an incentive is also an applicant for a density bonus and qualifies for a density bonus pursuant to Section 9.2180.030 (Government Code Section 65915(d)(1)).

2. A specific written proposal for an incentive(s) has or will be submitted with the application for density bonus (Government Code Section 65915(b)(1) and (d)(1)).

3. If an incentive(s) pursuant to Sections 9.2180.030 and 9.180.120 is sought, the applicant shall establish that each requested incentive would result in identifiable, financially sufficient and actual cost reductions for the qualified housing development (Government Code Section 65915(k)(1) and (3)).

4. If an incentive(s) pursuant to Subsection 9.180.120.A(2) is sought, the applicant shall establish that the requirements of that section are met (Government Code Section 65915(k)(2)).

5. If an additional incentive for a childcare facility is sought pursuant to Subsection 9.180.070.B, the applicant shall establish that the requirements of that section are met (Government Code Section 65915(h)(1)(B)).

6. The granting of an incentive shall not be interpreted, in and of itself, to require a General Plan amendment, zoning change, or other discretionary approval (Government Code Section 65915(j)). An incentive is applicable only to the project for which it is granted. An applicant for an incentive may request a meeting with the Community Development Director and, if requested, the Community Development Director will meet with the applicant to discuss the proposal (Government Code Section 65915(d)(1)).

B. Types of Incentives. For the purposes of this chapter, incentive means any of the following:

1. A reduction in site development standards or a modification of development code requirements or design guidelines that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted uni ts to be set as specified in Section 9.180.190.B (Government Code Section 65915(k)(1)).

2. Approval of mixed -use zoning in conjunction with the qualified housing development if commercial, office, industrial or other land uses will reduce the cost of the qualified housing development and if the commercial, office, industrial or other land uses are compatible with the qualified housing development and the existing or planned development in the area where the proposed qualified housing development will be located (Government Code Section 65915(k)(2)).

3. Other regulatory incentives proposed by the affordable housing developer or the City that result in identifiable, financially sufficient and actual cost reductions to provide for affordable housing costs as defined in Section 50052.5 of the Health and Safety Code, or for rents for the Item Title: 11.1
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targeted units to be set as specified in Section 9.180.190.B . (Government Code Section 65915(k)(3)).

C. Direct Incentives Allowed. Nothing in this section limits or requires the provision of direct financial incentives by the City for the qualified housing development , including the provision of publicly owned land, or the waiver of fees or dedication requirements (Government Code Section 65915(l)).

9.180.130 Number of Incentives Granted

A. Subject to Section 9.180.140 (Criteria for Denial of Application for Incentives), an applicant meeting the requirements of Subsection 9.180.120 shall receive the following number of incentives described below and as shown in Table 9.180.130 -1, Incentive Allowances for Qualified Housing Developments.

1. One incentive for qualified housing development projects, including shared housing building developments, that include at least 5% of the total units for very low -income households, at least 10% for low-income households, or at least 10% for persons and families of moderate - income households in which the units are for sale in a common interest development . (Government Code Section 65915(d)(2)(A)).

2. Two incentives for qualified housing development projects, including shared housing building developments, that include at least 10% of the total units for very low-income households, at least 2017% for low-income households, or at least 20% for persons and families of moderate- income households in which the units are for sale in a common interest development . (Government Code Section 65915(d)(2)(B)).

3. Three incentives for qualified housing development projects, including shared housing building developments, that include at least 15% of the total units for very low -income households, at least 3024% for low -income households, or at least 30% for persons and families of moderate-income households in which the units are for sale in a common interest development. (Government Code Section 65915(d)(2)(C)).

3.4. Four incentives for qualified housing developments, including shared housing building developments, that include at least 16% of the total units for very low-income households or 45% moderate income units in which the units are for sale . (Government Code Section 65915(d)(2)(F)).

5. FourFive incentives for qualified housing developments , includ ing shared housing building developments, that include 100% of total units, exclusive of a manager's unit or units, for lower income households, except that up to 20% of the total units in the development may be for moderate-income households. If the project is within 1/2 mile of a major transit stop, the project shall also receive a height increase of up to three additional stories, or 33 feet . (Government Code 65915(d)(2)(D)).

6. One incentive or concession for projects that include at least 20 percent of the total units for lower income students in a student housing development. (Government Code Section 65915(d)(2)(E)).

B. A qualified housing development proposal that includes a childcare facility shall be granted an additional incentive that contributes significantly to the economic feasibility of the construction of the childcare facility. (Government Code Section 65915(h)(1)(B)).

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Table 9.180.130-1 Incentive Allowances for Qualified Housing Developments Income Category Minimum Percentage of Affordable Units
Incentives Allowed 1 2 3 4 5
Very Low Income 5% 10%* 15% --16%
100% Low/Very
Low/Mod (20%
Moderate
allowed)
Low Income 10% 20%17% 30%24% 100% or 80%
100% Low/Very
Low/Mod (20%
Moderate
allowed)
Common Interest Development
(Moderate Income) 10% 20% 30% 20%45%
100% Low/Very
Low/Mod (20%
Moderate
allowed)
*One incentive or concession is also required for projects that include at least 20 percent of the total units for lower incom e students in a student housing development.

9.180.140 Criteria for Denial of Application for Incentives

Except as otherwise provided in this chapter or by state law, if the requirements of Subsection 9.180.120.A (Affordable Housing Incentives) are met, the City shall grant the incentive(s) that are authorized by Subsection 9.180.120.B and Section 9.115.110 (Density Bonus for Land Donations) unless a written finding, based upon substantial evidence, is made with respect to any of the following, in which case the City may refuse to grant the incentive(s):

A. The incentive is not required in order to provide affordable housing costs or affordable rents for the affordable units subject to the qualified housing development application (Government Code Section 65915(d)(1)(A)).

B. The incentive would have a specific, adverse impact , as defined in Government Code Section 65589.5(d)(2), upon the public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low - and moderate -income households (Government Code Section 65915(d)(1)(B); Government Code Section 65915 (d)(3)).

C. The incentive would be contrary to state or federal law (Government Code Section 65915(d)(1)(C)).

D. The City is authorized not to provide a density bonus as provided in this section upon substantial evidence that the community has adequate childcare facilities (Government Code Section 65915(h)(3)).

9.180.150 Waiver or Modification of Development Standards

A. Requirements for Waiver or Modification of Development Standards.

1. Application. To qualify for a waiver or reduction of one or more development standards, the applicant shall submit a written application (together with an application for a qualified Item Title: 11.1
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housing development) that states the specific development standard(s) sought to be modified or waived and the basis of the request (Government Code Section 65915(e)(1)). An applicant for a waiver or modification of development standard(s) pursuant to this Section may request a meeting with the Community Development Director to review the proposal. If requested, the Community Development Director shall meet with the applicant (Government Code Section 65915(e)(1)). An application for the waiver or reduction o f development standard(s) pursuant to this Section shall neither reduce nor increase the number of incentives to which the applicant is entitled pursuant to Section 9.180.120 (Affordable Housing Incentives) (Government Code Section 65915(e)(2)).

2. A housing development that receives a waiver from any maximum controls on density based on location relative to a major transit stop pursuant to Government Code Section 65915(f)(3)(D)(ii) shall not be eligible for, and shall not receive, a waiver or reduct ion of development standards, other than as expressly provided in Government Code Sections 65915(d)(2)(D) and (f)(3)(D)(ii).

3. Findings. All of the following findings must be made for each waiver or reduction requested:
a. The development standard for which a waiver or reduction is requested will have the effect of physically precluding the construction of the proposed qualified housing development at the densities or with the incentives permitted under this chapter (Government Code Section 65915(e)(1)).
b. The requested waiver or reduction of a development standard will not have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon the health, safety and/or physical environment or, if such a specific, adverse impact exists, there is a feasible method to satisfactorily mitigate or avoid the specific, adverse impact (Government Code Section 65915(e)(1)).
c. The requested waiver or reduction of a development standard will not have an adverse impact on any real property that is listed in the California Register of Historical Resources (Government Code Section 65915(e)(1)).
d. The requested waiver or reduction of a development standard is not contrary to state or federal law (Government Code Section 65915(e)(1)).

4. Granting Application for Waiver or Modification of Development Standards . If the requirements of Subsection 9.180.150.A are satisfied, the application for waiver or modification of development standard (s) shall be granted, and the City shall not apply a development standard that will have the effect of physically precluding the construction of a qualified housing development at the densities or with the incentives permitted by this chapter (Government Code Section 65915(e)(1)).

9.180.160 Parking Standard Modifications for Qualified Housing Developments

A. Requirements for Parking Standard Modifications. Parking standard modifications pursuant to Subsection 9.180.160.B are available only for qualified housing developments. An application for parking standard modifications stating the specific modification requested pursuant to Subsection

9.180.160.B shall be submitted with the qualified housing development application (Government Code Section 65915(p)(3)).

B. Parking Standard Modifications. If the requirements of Subsection 9.180.160.A are met, the vehicular parking ratio, inclusive of handicapped and guest parking, shall not exceed the following Item Title: 11.1
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per unit ratios (Government Code Section 65915(p)(1)), except where noted under Subsection

9.180.160.C (Exceptions):

1. Zero to one bedroom: 1 on-site parking space

2. Two to three bedrooms: 2 1.5 on-site parking spaces

3. Four and more bedrooms: 2.5 on-site parking spaces
C. Exceptions. Upon the applicant’s request, the following maximum parking standards shall apply, inclusive of handicap and guest parking, to the entire housing development subject to this chapter, as required by Government Code Section 65915(p)(2):

Table 9.180.160-1 Special Parking Requirements
Type of Project/Affordability Parking Ratio
Rental/for sale projects with at least 11% very low income or 20% lower income units, within ½ mile of accessible major transit stop. Unobstructed access must be provided to the major transit stop from the development.*

0.5 spaces per unit
Rental projects 100% affordable to lower income units, within ½ mile of accessible major transit stop. Unobstructed access must be provided to the major transit stop from the development.* 0 spaces per unit
Rental senior projects 100% affordable to lower income units, either with paratransit service or within ½ mile of accessible bus route (operating at least eight times a day). 0 spaces per unit
Rental special needs projects as defined in Section 51312 of the Health and Safety Code and 100% affordable to lower income units, either with paratransit service or within ½ mile of accessible bus route (operating at least eight times a day). 0 spaces per unit
Rental supportive housing developments as defined in Section 50675.14 of the Health and Safety Code and 100% affordable to lower income households. 0 spaces per unit For sale projects with at least 40% moderate income units, within ½ mile of accessible major transit stop. 0.5 spaces per unit
*Unobstructed access to a major transit stop means a resident is able to access the major transit stop without encountering natural or constructed impediments.

1. A maximum of 0.5 parking spaces per bedroom, when all the following conditions apply:
a. The development includes the maximum percentage of low- or very low-income units as established in Section 9.180.060 (Density Bonus Allowance for Housing Development with Affordable Housing Component).
b. The development is located within 0.5 miles of a major transit stop, as defined in subdivision (b) of Section 21155 of the California Public Resources Code. c. There is unobstructed access to the major transit stop from the development. A development shall have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments.

2. A maximum of 0.5 parking spaces per unit, when all the following conditions apply:
a. The development consists solely of rental units, exclusive of a manager’s unit or units, with an affordable housing cost to lower-income families, as provided in Section 50052.5 of the Health and Safety Code.

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b. The development is located within 0.5 miles of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code. c. There is unobstructed access to the major transit stop from the development. A development shall have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments.

3. A maximum of 0.5 parking spaces per unit, when all the following conditions apply:
a. The development consists solely of rental units, exclusive of a manager’s unit or units, with an affordable housing cost to lower-income families, as provided in Section 50052.5 of the Health and Safety Code.
b. The development is for individuals who are 62 years of age or older and complies with Sections 51.2 and 51.3 of the Civil Code.
c. The development has either paratransit service or unobstructed access, within 0.5 miles, to fixed bus route service that operates at least eight times per day.

4. No vehicular parking requirement, when all the following conditions apply:
a. The development consists solely of rental units, exclusive of a manager’s unit or units, with an affordable housing cost to lower-income families, as provided in Section 50052.5 of the Health and Safety Code.
b. The development is either a special needs housing development, as defined in Section 51312 of the Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the Health and Safety Code.
c. A special needs housing development has either paratransit service or unobstructed access, within 0.5 miles, to fixed bus route service that operates at least eight times per day.

D. If the total number of parking spaces required for the qualified housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, “on-site parking” may be provided through tandem parking or uncovered parking, but not through on-street parking (Government Code Section 65915(p)(5)).

E. Except as otherwise provided in this section, all other provisions of Chapter 9.215 (Off-Street Parking and Loading) applicable to residential development apply.

F. An applicant may request additional parking incentives beyond those provided in this section if applied for pursuant to Section 9.180.120 (Government Code Section 65915(p)(3)).

G. Notwithstanding allowances in Subsection 9.180.160.C, if the City or an independent consultant has conducted an area -wide or jurisdiction -wide parking study in the last 7 years, the City may impose a higher vehicular parking ratio not to exceed the ratio described in Subsection

9.180.160.B, based on substantial evidence found in the parking study that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low- and very low-income individuals, including seniors and special needs individuals. The City shall pay the costs of any new study. The City shall make findings, based on a parking study completed in conformity with this paragraph, supporting the need for the higher parking ratio (California Government Code Section 65915(p)(7)).

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9.180.170 Density Bonus and Affordable Housing Incentive Program

A. Project Design and Phasing . Projects seeking an affordable housing benefit pursuant to this chapter shall comply with the following requirements, unless otherwise specified in writing by the Community Development Director:

1. Location/Dispersal of Units. Affordable units shall be reasonably dispersed throughout the development where feasible and shall contain on average the same (or greater) number of bedrooms as the market-rate units.

2. Phasing. If a project is to be developed in phases, each phase must contain the same or substantially similar proportion of affordable units and market-rate units.

3. Exterior Appearance. The exterior appearance and quality of the affordable units must be similar to the market-rate units. The exterior materials and improvements of the affordable units must be similar to, and architecturally compatible with, the market-rate units.

B. Application Requirements. An application for one or more affordable housing benefits shall be submitted as follows:

1. Each affordable housing benefit requested shall be specifically stated in writing on the application form provided by the City.

2. The application shall include the information and documents necessary to establish that the requirements of this chapter are satisfied for each affordable housing benefit requested, including:
a. For density bonus requests, that the requirements of Section 9.2180.030 Eligibility for Density Bonus and Incentives) are met;
b. For incentive requests, that the requirements of Section 9.180.120 (Affordable Housing Incentives) are met;
c. For development standard waiver or modification requests, that the requirements of Section 9.180.150 (Waiver or Modification of Development Standards) are met; and/or d. For parking standard modification requests, that the requirements of Section 9.180.160 (Parking Standard Modifications for Qualified Housing Developments) are met.

3. The application shall be submitted concurrently with a complete application for a qualified housing development.

4. The application shall include a site plan that complies with and includes the following:
a. For senior citizen housing development projects, the number and location of proposed total units and density bonus units.
b. For all qualified housing development projects other than senior citizen housing development projects, the number and location of proposed total units, affordable units and density bonus units. The density bonus units shall be permitted in geographic areas of the qualified housing development other than the areas where the affordable units are located (Government Code Section 65915(i)).
c. The location, design and phasing criteria required by Subsection 9.180.170.A, including any proposed development standard (s) modifications or waivers pursuant to Section

9.180.150 (Waiver or Modification of Development Standards).

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5. The application for a qualified housing development shall state the level of affordability of the affordable units and include a proposal for compliance with Section 9.180.190 (Affordable Housing Agreement and Equity Sharing Agreement) for ensuring affordability.

6. If a density bonus is requested for a qualified land donation pursuant to Section 9.180.110 (Density Bonus for Land Donations), the application shall show the location of the qualified land in addition to including sufficient information to establish that each requirement in Section 9.180.110 has been met.

7. If an additional density bonus or incentive is requested for a childcare facility pursuant to Section 9.180.070 (Density Bonus for Housing Development with Affordable Housing Component and Childcare Facility ) and/or Subsection 9.180.130.B (Number of Incentives Granted), the application shall show the location and square footage of the childcare facility in addition to including sufficient information to establish that each requirement in Section

9.180.070 and/or Subsection 9.180.130.B has been met.

C. An application for an affordable housing benefit under this chapter shall not be processed until all of the provisions of this section are complied with as determined by the Community Development Director and shall be processed concurrently with the application for the qualified housing development project for which the affordable housing benefit is sought. Prior to the submittal of an application for a qualified housing development, an applicant may submit to the Community Development Director a preliminary proposal for affordable housing benefits . The Community Development Director shall, within 90 days of receipt of a written proposal, notify the applicant of the Community Development Director’s preliminary response and schedule a meeting with the applicant to discuss the proposal and the Community Development Director’s preliminary response.

D. The Community Development Director shall provide the applicant with written notice as to whether the application inis deemed complete in accordance with Section 9.30.060 (Determination of Completeness). If the application is dee med complete, the Community Development Director shall provide the applicant with a determination on the following:

1. The amount of density bonus for which the applicant is eligible.

2. If the applicant requests a parking ratio pursuant to Section 9.180.120, the parking ratio for which the applicant is eligible.

3. If the applicant requests incentives or concessions pursuant to Section 9.180.120, or waivers or reductions of development standards pursuant to Section 9.180.150, whether the applicant has provided sufficient information for the City to make a determination as to those incentives, concessions, or waivers or reductions of development standards.

4. Any determination shall be based on the development project at the time the application is deemed complete. The City will adjust the amount of density bonus and parking ratios allowed based on any changes to the project during the course of development.

9.180.180 Determination on Density Bonus and Affordable Housing Incentive Program Requirements

The decision-making body for the underlying qualified housing development application is authorized to approve or deny an application for an affordable housing benefit in accordance with this chapter.

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A. Affordable Housing Benefit Determinations. An application for an affordable housing benefit shall be granted if the requirements of this chapter are satisfied unless:

1. The application is for an incentive for which a finding is made in accordance with Section

9.180.140 (Criteria for Denial of Application for Incentives); or

2. The underlying application for the qualified housing development is not approved independent of and without consideration of the application for the affordable housing benefit.

B. Affordable Housing Benefit Compliance Provisions. To ensure compliance with this chapter and state law, approval of an application for an affordable housing benefit may be subject to, without limitation:

1. The imposition of conditions of approval to the qualified housing development , including imposition of fees necessary to monitor and enforce the provisions of this chapter;

2. An affordable housing agreement and, if applicable, an equity sharing agreement pursuant to Section 9.180.190 (Affordable Housing Agreement and Equity Sharing Agreement); and

3. A recorded deed restriction implementing conditions of approval and/or contractual or legally mandated provisions.

C. A decision regarding an affordable housing benefit application is subject to the appeal provisions of Section 9.30.100 (Appeals).

9.180.190 Affordable Housing Agreement and Equity Sharing Agreement

A. General Requirements. No density bonus pursuant to Section 9.180.030 (Eligibility for Density Bonuses and Incentives) shall be granted unless and until the affordable housing developer, or its designee approved in writing by the Community Development Director, enters into an affordable housing agreement and, if applicable, an equity sharing agreement, with the City or its designee pursuant to and in compliance with this section (Government Code Section 65915(c)). The agreements shall be in the form provided by the City, which shall contain terms and conditions mandated by, or necessary to implement, state law and this chapter. The Community Development Director may designate a qualified administrator or entity to administer the provisions of this section on behalf of the City. The affordable housing agreement shall be recorded prior to, or concurrently with, final map recordation or, where the qualified housing development does not include a map, prior to issuance of a building permit for any structure on the site. The Community Development Director is hereby authorized to enter into the agreements authorized by this section on behalf of the City upon approval of the agreements by the City Attorney for legal form and sufficiency.

B. Low- or Very Low -Income Minimum Affordable Housing Component or Senior Citizen Housing Development.

1. The affordable housing developer of a qualified housing development based upon the inclusion of low -income and/or very low -income affordable units shall enter into an agreement with the City to maintain the continued affordability of the affordable units for 55 years (for rental units) or 30 years (for for -sale units), or a longer period if required by the construction or mortgage financing assistance program, mortgage insurance program or rental subsidy program, as follows (Government Code Section 65915(c) (1)). The agreement shall establish specific compliance standards and specific remedies available to the City if such compliance standards are not met. The agreement shall, among other things, specify the Item Title: 11.1
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number of lower -income affordable units by number of bedrooms; standards for qualifying household incomes or other qualifying criteria, such as age; standards for maximum rents or sales prices; the person responsible for certifying tenant or owner incomes; procedures by which vacancies will be filled and units sold; required annual report and monitoring fees; restrictions imposed on lower -income affordable unit s on sale or transfer; and methods of enforcing such restrictions.

2. Rental Units. Rents for the low -income and very low -income affordable units that qualified the housing development for the density bonus pursuant to Section 9.180.030 shall be set and maintained at an affordable rent (Government Code Section 65915(c)(1)). The agreement shall set rents for the lower -income density bonus units at an affordable rent as defined in California Health and Safety Code Section 50053, except for developments meeting the criteria of Government Code Section 65915(b)(1)(G), for which re nts for all units in the development, including both base density and density bonus units, shall be as follows:
a. The rent for at least 20 percent of the units in the development shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code. b. The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee.

3. The agreement shall require that owner -occupied units be made available at an affordable housing cost as defined in Health and Safety Code Section 50052.5.

4. For-Sale Units. Owner -occupied low -income and very low -income affordable units that qualified the housing development for the density bonus pursuant to Section 9.180.030 shall be available at an affordable housing cost (Government Code Section 65915(c)(2)). The affordable housing developer of a qualified housing development based upon a very low- or low-income minimum affordable component shall enter into an equity sharing agreement with the City or the master or non -affordable housing developer. The agreem ent shall be between the City and the buyer or between developer and the buyer if the developer is the seller of the unit. The City shall enforce the equity sharing agreement unless it is in conflict with the requirements of another public funding source or law (Government Code Section 65915(c)(2)). The equity sharing agreement shall include at a minimum the following provisions:
a. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment and the seller's proportionate share of appreciation. The City shall recapture any initial subsidy, as defined in subparagraph (b), and its proportionate share of appreciation, as defined in subparagraph (c), which amount shall be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership.
b. For purposes of this section, the City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the very low - income household, plus the amount of any down payment assistance or mortga ge assistance. If upon resale the market value is lower than the initial market value, the value at the time of the resale shall be used as the initial market value.

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c. For purposes of this subdivision, the City's proportionate share of appreciation shall be equal to the ratio of the City's initial subsidy to the fair market value of the home at the time of initial sale.

5. Senior Units. At least 35 senior citizen housing development units shall be maintained and available for rent or sale to senior citizens as defined in Civil Code Section 51.3.

C. Moderate Income Minimum Affordable Housing Component.

1. The affordable housing developer of a qualified housing development based upon the inclusion of moderate-income affordable units in a common interest development shall enter into an agreement with the City ensuring that:
a. The initial occupants of the moderate-income affordable units that are directly related to the receipt of the density bonus are persons and families of a moderate -income household.
b. The units are offered at an affordable housing cost (Government Code Section 65915(c)(2)).
c. The affordable housing developer of a qualified housing development based upon a moderate-income minimum affordable component shall enter into an equity sharing agreement with the City or the master or non -affordable housing developer (Government Code Section 65915(c)(2)). The agreement shall be between the City and the buyer or between the developer and the buyer if the developer is the seller of the unit. The City shall enforce the equity sharing agreement unless it is in conflict with the requirements of another public funding source or law (Government Code Section 65915(c)(2)). The equity sharing agreement shall include at a minimum the following provisions:
d. Upon resale, the seller of the unit shall retain the value of improvements, the down payment and the seller’s proportionate share of appreciation. The City shall recapture any initial subsidy, as defined in subparagraph (b), and its proportionate share of appreciation, as defined in subparagraph (c), which amount shall be used within five years for any of the purposes described in Health and Safety Code Sect ion 33334.2(e) that promote homeownership (Government Code Section 65915(c)(2)(A)). e. The City’s initial subsidy shall be equal to the fair market value of the unit at the time of initial sale minus the initial sale price to the moderate -income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, the value at the time of the resale shall be used as the initial market value (Government Code Section 65915(c)(2)(B)). f. The City’s proportionate share of appreciation shall be equal to the ratio of the City’s initial subsidy to the fair market value of the unit at the time of initial sale (Government Code Section 65915(c)(2)(C)).

D. Minimum Affordable Housing Component and Childcare Facility. If an additional density bonus or incentive is granted because a childcare facility is included in the qualified housing development, the affordable housing agreement shall also include the affordable housing developer’s obligations pursuant to Subsection 9.180.070.A(3) for maintaining a childcare facility , if not otherwise addressed through conditions of approval.

9.180.200 Density Bonus or Incentives for Condominium Conversion Projects

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A. Requirements for Density Bonus or Incentive for Condominium Conversion Projects.

1. An applicant requesting the conversion of Apartments to a condominium project agrees to provide at least:
a. 33% of the total units of the proposed condominium project to persons and families of moderate-income households; or
b. 15% of the total units of the proposed condominium project to persons and families of low-income households.

2. If the applicant agrees to pay for the reasonably necessary administrative costs incurred by the City pursuant to this section, the City shall either:
a. Grant a density bonus; or
b. Provide other incentives of equivalent financial value (Government Code Section 65915.5(a)).

B. Definition of Density Bonus for Condominium Conversion Projects . If the requirements of Subsection 9.180.200.A are met, the condominium conversion project will be entitled to an increase in units of 25% over the number of Apartments, to be provided within the existing structure or structures proposed for conversion from Apartments to condominiums (Government Code Section 65915.5(b)).

C. Pre-submittal Preliminary Proposals for Density Bonus or Incentive for Condominium Conversion Projects. Prior to the submittal of a formal request for subdivision map approval or other application for necessary discretionary approvals, an applicant to convert Apartments to a condominium project may submit to the Community Development Director a preliminary proposal for density bonus or other incentives of equivalent financial value. The Community Development Director shall, within 90 days of receipt of a wr itten proposal, notify the applicant of the Community Development Director’s preliminary response and schedule a meeting with the applicant to discuss the proposal and the Community Development Director’s preliminary response (Government Code Section 65915.5(d)).

D. Application for Density Bonus or Incentives for Condominium Conversion Projects. An applicant shall submit a completed application provided by the City for a density bonus or for other incentives of equivalent financial value. The application shall be submitted concurrently with the application for the condominium conversion project. The application shall include the following:

1. All information and documentation necessary to establish that the requirements of Subsection 9.180.200.A are met.

2. The proposal for a density bonus or the proposal for other incentives of equivalent financial value.

3. Site plans demonstrating the location of the units to be converted, the affordable units, the market-rate units and the density bonus units in the condominium conversion project.

4. Any other information and documentation requested by the City to determine if the requirements of Subsection 9.180.200.A are met.

Both the application for a density bonus or other incentives of equivalent financial value and the application for the condominium conversion shall be complete before the application for a density bonus or other incentives of equivalent financial value will be considered.

E. Granting Density Bonus or Incentive for Condominium Conversion Projects.

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1. Approval.
a. If the requirements of Subsection 9.180.200.A are met, the decision-making body for the condominium conversion project application is authorized to grant an application for a density bonus or other incentives of equivalent financial value , subject to Subsection

9.180.200.E(2).
b. Reasonable conditions may be placed on the granting of a density bonus or other incentives of equivalent financial value that are found appropriate, including but not limited to entering into an affordable housing agreement pursuant to Section 9.180.190 (Affordable Housing Agreement and Equity Sharing Agreement), which ensures continued affordability of units to subsequent purchasers who are persons and families of moderate-income households or low-income households (Government Code Section 65915.5(a)).

2. Ineligibility. An applicant shall be ineligible for a density bonus or other incentives of equivalent financial value if the Apartments proposed for conversion constitute a qualified housing development for which a density bonus as defined in Section 9.180.030 (Eligibility for Density Bonuses and Incentives) or other incentives were provided (Government Code Section 65915.5(f)).

3. Decision on Condominium Conversion Project. Nothing in this section shall be construed to require the City to approve a proposal to convert Apartments to condominiums (Government Code Section 65915.5(e)).

9.180.210 Enforcement Provisions

A. Occupancy. Prior to occupancy of an affordable unit, the household's eligibility for occupancy of the affordable unit shall be demonstrated to the City. This provision applies throughout the restricted time periods pursuant to Section 9.180.190 (Affordable Housing Agreement and Equity Sharing Agreement) and applies to any change in ownership or tenancy, including subletting, of the affordable unit.

B. Ongoing Compliance . Upon request, the affordable housing developer shall show that the affordable units are continually in compliance with this chapter and the terms of the affordable housing agreement. Upon 30-day notice, the City may perform an audit to determine compliance with this chapter and the terms of any agreement or restriction.

C. Enforcement. The City shall have the authority to enforce the provisions of this chapter, the terms of affordable housing agreements and equity sharing agreements, deed restrictions, covenants, resale restrictions, promissory notes, deed of trust, conditions of approval, permit conditions and any other requirements placed on the affordable units or the approval of the qualified housing development. In addition to the enforcement powers granted in this chapter, the City may, at its discretion, take any other enforcement action permitted by law, including those authorized by City ordinances. Such enforcement actions may include, but are not limited to, a civil action for specific performance of the restrictions and agreement(s), damages for breach of contract, restitution and injunctive relief. The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the City from seeking any other remedy or relief to which it otherwise would be entitled under law or equity.

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9.215.040 Development Standards

In the case of mixed land uses, the total number of parking spaces shall be the sum of the requirements for the various uses computed separately unless shared parking is approved.

The following Table 9.215.040-1, Parking Requirements, is designed to allow calculation of parking spaces required for the uses shown.

Table 9.215.040-1 Parking Requirements
Use Per Square Foot or Unit
Per
Employee
or Student
Other Criteria For Vehicle Stacking
General Commercial/Retail Uses
Automobile repair and service
shops/stations
1 space per 150 sq. ft.
gross floor area (not including
building for service bays)
4 spaces per service
bay
Banks and financial institutions 1 space per 250 sq. ft. gross floor area
Stacking for 6 vehicles
prior to the drive-up
window
Furniture and home furnishing
stores
1 space per 750 sq. ft. of sale
or display area
Clubs, discos, ballrooms,
cabarets, cocktail lounges,
dance halls, lodges &
incidental dancing areas, and
similar facilities where dancing
is the principal use
1 space per 30 sq. ft. of dance
floor area
General retail 3 spaces per 1,000 sq. ft. of
gross floor area See 9.215.040.A.1
below
Personal Services (barber,
beauty, nails, etc.)
1 space per 150 sq. ft.
gross floor area
Professional business offices 3 spaces per 1,000 sq. ft. of floor area
Restaurants or similar use,
including drive-through
8 spaces per 1,000 sq. ft. of
gross floor area
1 space per
2 employees
Stacking for 6 vehicles
prior to the menu
board, or as required
by a traffic impact
assessment
Self-Storage, public storage
facilities 2 spaces per
3 employees
Recreational Uses
Amusement parks including
multiple activities (such as
simulated flying, racing, and
mini gold etc.), and arcades
1 space per 250 sq. ft. of gross
floor area
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Table 9.215.040-1 Parking Requirements
Use Per Square Foot or Unit
Per
Employee
or Student
Other Criteria For Vehicle Stacking
Auditoriums, event centers,
bingo operations, and assembly
areas, including live
entertainment
1 space per 30 sq. ft. of net
assembly area 1 space per 3 seats
Billiard and pool rooms, bowling
alleys
1 space per 250 sq. ft. of gross
floor area
Game courts, badminton,
tennis, racquetball 1 space per court
Golf Course 4 spaces per hole
Golf driving ranges (not in
association with full-scale
course)
1 space per tee
Health and Fitness
clubs/gymnasiums, indoor
1 space per 200 sq. ft. of gross
floor area
Parks and recreational areas,
private
1 space per 8,000 sq. ft. of
active recreational area within
a park or playground

1 space per acre of
passive recreational
area within a park
or playground

Sports and recreational facilities
(not including motor driven
vehicles and riding academies,
but including archery ranges,
athletic playgrounds, athletic
fields, sports arenas, skating
rinks, stadiums, and commercial
swimming pools)
1 space per 30 sq. ft. of net
assembly area
Theaters 1 space per 250 sq. ft. of gross
floor area 1 space per 3 seats
Industrial Uses
Industrial uses
1 space per 250 sq. ft. of
office area, PLUS 1 space per
500 sq. ft. of fabrication area,
PLUS 1 space per 1,000 sq. ft.
of storage area, AND 1 space
per 500 sq. ft. of floor plan
which is uncommitted to any
type of use

Research and Development 1 space per 300 sq. ft. of gross floor area
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Table 9.215.040-1 Parking Requirements
Use Per Square Foot or Unit
Per
Employee
or Student
Other Criteria For Vehicle Stacking
Warehouse, Logistics and
Distribution Facility
1 space per 1,000 sq. ft. of
gross floor area for the first
100,000 sq. ft.; 1 space per
1,500 sq. ft. for any additional
gross floor area between
100,000 to 500,000 sq. ft.; 1
space per 2,000 sq. ft. of
additional gross floor area
over 500,000 sq. ft.; plus 1
space per 300 sq. ft. of office
use

Fulfillment Center
subject to parking
study

Residential Uses
Single-family 2 spaces per dwelling unit
Enclosed within a
two-car garage, 20’
x 20’ min.

Duplex (two-family dwelling) 2 spaces per dwelling unit Enclosed within a
two-car garage, 20’
x 20’ min.

Multiple-family: single bedroom
or studio 1.00 spaces per unit See 9.215.040.A.8
below
Multiple-family: two bedrooms 1.50 spaces per unit See 9.215.040.A.8 below
Multiple-family: three or more
bedrooms 2.50 spaces per unit 1 space per
employee
See 9.215.040.A.8
below
Planned residential
development: single-bedroom
or studio

1.25 spaces per unit See 9.215.040.A.8
below
Planned residential
development: two or more
bedrooms

2.5 spaces per unit See 9.215.040.A.8
below
Senior citizen development 1.25 per unit See 9.215.040.A.8 below
Mobile home park
2 spaces per travel trailer or
mobile home space; spaces
may be tandem
1 guest space per 8
mobile home spaces
Accessory dwelling unit (ADU) See 9.295.020 See 9.215.040.A.4 below See 9.295.020
Multi-family and Mixed Use
Residential guest 1 space per each 10 dwelling
units
Lodging Uses
Boarding houses, lodging or
rooming houses, dormitories,
fraternity and sorority houses
1 space per guest
room
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Table 9.215.040-1 Parking Requirements
Use Per Square Foot or Unit
Per
Employee
or Student
Other Criteria For Vehicle Stacking
Hotels and motels
1 space per guest
room PLUS 1 space
per 300 sq. ft. of
meeting/conference
or ballrooms

Recreational vehicle 1 space per recreational
vehicle site
1 visitor space per 5
recreational vehicle
sites

Medical Uses
Assisted living and community
care facilities 1 space per
3 employees
1 space per 3 beds,
PLUS 1 space per
vehicle owned and
operated by the
institution

Hospitals
1 space per
staff
member of
largest shift
1 space per 2
patient beds, PLUS
1 space per vehicle
owned and
operated by
hospital or clinic

Offices, clinics, including but not
limited to medical, urgent care,
eye care, dental and
chiropractic
1 space per 200 sq. ft.
of net leasable floor area
Small animal hospitals and
veterinary services (no outdoor
facilities)
1 space per 300 sq. ft.
of gross floor area
Civic/Religious Institutions
Art gallery, library, reading room,
museum
1 space per 400 sq. ft.
of gross floor area
1 space per 2
employees
Cemeteries 1 space per 50 sq. ft
of net assembly room area
1 space per
employee
1 space per vehicle
operated on the
grounds by the
proprietary
institution

Funeral parlor, mortuary with
crematorium
1 space per 50 sq. ft.
of net assembly area
1 space per
employee
Religious institutions
1 space per 50 sq. ft.
of net assembly area
used simultaneously
for assembly purposes

Public Utilities
Public utility substations and
storage buildings 1 space per
2 employees
1 space per vehicle
kept in connection
with the use

Educational Institutions
Item Title: 11.1
Development Code Amendment and Ordinance Introduction
Item Page Number: 82

Menifee Mayor and City Council
January 17, 2024
Page
632 of 932

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Table 9.215.040-1 Parking Requirements
Use Per Square Foot or Unit
Per
Employee
or Student
Other Criteria For Vehicle Stacking
Day care centers, including
nurseries and preschools
1 space per
2 employees
PLUS 1 space
per 5
children
based on
facility
capacity

Elementary and junior high
schools

1.5 spaces per classroom PLUS
1 space per 5 fixed seats in
auditorium, gymnasium, or
similar public assembly facility

Loading/unloading
space for at least 2
school buses, or as
required by a traffic
impact assessment
High schools 8 spaces per classroom
Loading/unloading
space for at least 2
school buses
Colleges, universities, business
colleges, commercial schools
1 space per
employee
PLUS 4
spaces per
10 students
based on
maximum
classroom
capacity

Trade and vocational schools 1 space per 35 SF or
instruction gross floor area OR
2 spaces per
3 people
based on
maximum
number of
students and
staff

A. Conditions and Exceptions. The following are conditions and exceptions to the requirements of Table 9.215.040-1, Parking Requirements.

1. Existing, permitted, non-residential uses on lots less than 6,500 square feet are exempt from the parking requirements.

2. Up to 2,500 square feet of floor area of non -residential uses in existing vertical mixed -use buildings are exempt from the parking requirements.

3. No minimum requirement for residential or mixed-use reuse of listed historic structures.

4. Multi-family and mixed -use guest parking. Guest parking spaces shall be distributed throughout multi -family developme nt sites and the residential portion of the mixed -use development in a manner that allows an ease of use between the guest space and the location of the residential units. Guest spaces shall be marked as such and shall remain available for visitors to the property. In mixed use projects, these spaces are not to be used as additional Item Title: 11.1
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parking for permanent residents or count towards required commercial parking within a mixed commercial/residential development.

5. Unless otherwise specified, all parking must be within 600 feet of the use served, on the same parcel as the use or on an adjoining appropriately zoned parcel.

6. All vehicle storage (stacking) spaces shall be located off-street. A driveway for stacking leading to a drive -up window shall be designed so as n ot to interfere with the free or orderly circulation of the parking area. See Section 9.240.090 Drive-Through and Drive-In Facilities for stacking space dimensions.

7. Commercial parking stalls shall be within a building or screened with a combination of walls and landscaping. An alternative screening structure/device may be approved by the approval authority.

8. Residential parking requirements set forth in this Chapter shall be provided within a parking structure or enclosed one - and two-car garages, except that for multiple family residences, condominiums, planned residential developments and senior citizen planned residential developments, at least one of the required parking spaces per unit shall be located in a garage or carport. Parking spaces shall be assigned to each individual unit. Individual one - and two- car garages shall maintain a minimum clear parking area of not less than 10 feet by 20 feet for a one-car garage and not less than 20 feet by 20 feet for a two-car garage. No storage cabinets, areas designated for trash cans or recyclable containers, or mechanical equipment, including but not limited to, water heaters, utility sinks or washers and dryers, shall encroach into the required parking area.

9. The total number of required parking spaces may be reduced by the amount necessary to accommodate electric vehicle charging stations (EVCS), if the EVCS and associated equipment interferes with, reduces, eliminates, or in any way impacts the required parking spaces for existing uses (for additional EVCS provisions, see Section 9.215.100 Electric/Alternative Fuel Vehicle Parking).

B. Layout Design Standards.

1. Location of Parking Areas
a. No parking space shall be located within 3 feet of any property line. b. No parking space on a driveway providing direct access to a street shall be located closer than 30 feet from the property line at the right-of-way.

C. Parking Space Specifications.

1. The location and dimensions of parking spaces and aisles adjacent to parking spaces shall be provided in accordance with Table 9.215.040-2, Dimensions of Parking Spaces and Aisles.

Item Title: 11.1
Development Code Amendment and Ordinance Introduction
Item Page Number: 84

Menifee Mayor and City Council
January 17, 2024
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Table 9.215.040-2 Dimensions of Parking Spaces and Aisles Parking
Angle
Stall
Width
(feet)
Stall
Length
(feet)
Stall
Width
Parallel
to Curb
or Wall
(feet)
Parking
Space
Depth
to Wall
or Curb
(feet)
Parking
Space
Depth to
Interlock
(feet)
Maneuvering
Aisle Width
(feet)(1)
Wall/Curb
to Interlock
Double Bay
(feet)
Wall to
Wall
Double
Parking
Bay
(feet)
Interlock
to
Interlock
Double
Bay (feet)
Figure
Label A B C D E F G Not
Shown H
90 o 9.0 18.0 9.0 18.0 18.0 24.0 60.0 60.0 60.0
75 o 9.0 18.0 9.5 19.5 18.5 21.0 59.0 60.0 58.0
60 o 9.0 18.0 10.5 20.0 17.75 17.5 55.25 57.5 53.0
45 o 9.0 18.0 13.0 19.0 15.75 15.0 49.75 53.0 46.5
0 o 9.0 22.0 NA 9.0 22.0 12.0 43.0 33.0 NA
(1) Aisles used for fire access shall not be less than 24 feet in width. Aisle widths below 24 feet can only be used for one-way traffic.

Figure 9.260.040-2 Reference Drawing for Minimum Parking Dimensions

2. The width of driveways for one-family and two-family dwellings shall be 12 feet, and 24 feet for all other multifamily and non -residential uses, except as otherwise modified by the approval authority. All driveways located within a road right-of-way shall be approved by the City Engineer. Where parallel parking is allowed, the minimum width shall be increased by 8 feet for parking on one side and by 16 feet for parking on both sides.

3. Stub streets in excess of 150 feet shall have a minimum 45-foot radius turnaround at the end, or as otherwise approved by the Riverside County Fire Department/Cal Fire.

D. Off-Street Parking Area Striping
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1. If five or more parking spaces are provided, each space shall be clearly marked with white paint or other easily distinguishable material.

2. If ten or m ore parking spaces are provided and one-way aisles are used, directional signs or arrows painted on the surface shall be used to properly direct traffic.

E. Drainage

1. All parking areas, including driveways, shall be graded to prevent ponding and to minimize drainage runoff from entering adjoining properties.

F. Curbs, Bumpers, Wheel Stops or Similar Devices

1. Public parking areas shall be equipped with permanent curbs, bumpers, wheel stops or similar devices so that parked vehicles do not overhang required walkways, planters or landscaped areas.
a. If the method used is designed to stop the wheel rather than the bumper of the vehicle, the stopping edge shall be placed no closer than 2 feet from the edge of any required walkway, planter or landscaped area, or from any building. b. The innermost 2 feet of each parking space, between the wheel stop or other barrier, and any required planter or walkway, may either be paved or be planted with low ground cover.

2. This additional planting area is considered part of the parking space and may not be counted toward satisfying any landscaping requirement(s).

G. Lighting

1. Parking area lighting is not required. However, if parking areas are lighted, such lighting facilities shall be located to prevent lights from shining directly onto adjoining properties or streets.

2. Parking area lighting shall be of an energy -efficient type. Parking area lighting shall be consistent with Chapter 9.205 , Lighting Standards and Chapter 6.01, Dark Sky Lighting Requirements of the Menifee Municipal Code.

H. Walls

1. All paved park ing areas, other than those required for single -family residential uses, which adjoin property zoned residentially, shall have a 6-foot-high solid masonry wall with an anti- graffiti coating installed to preclude a view of the parking area from such adjoining property.

However, any walls within 10 feet of any street or alley shall be 30 inches high.

I. Loading Space Requirements

1. On each lot used for manufacturing, storage, warehousing, goods display, a department store, a wholesale store, a market, a hotel, a hospital, a laundry, dry cleaning or other uses which involve the receipt or distribution by vehicles of materials or merchandise, adequate loading space for delivery vehicle stacking and for loading activities shall be provided and maintained.

The loading space and delivery vehicle stacking area shall be located and designed so as to avoid undue interference with parking, or the public use of streets and alleys.

2. Each required loading space shall be ten feet wide, twenty-five feet long, and fourteen feet of unobstructed vertical height.

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January 17, 2024
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3. Turning Radius. All loading areas shall be provided with an adequate turning radius. An adequate turning radius means one which will enable a vehicle to maneuver into and out of the loading area without backing onto a street or highway.

4. Screening shall be provided consistent with Chapter 9.185, Fences, walls and screening.

MINIMUM NUMBER OF LOADING SPACES
Gross Floor Area (square feet) Number of Loading Spaces 7,499 or less 0
7,500 to 14,999 1
15,000 to 24,999 2
25,000 to 39,999 3
40,000 to 59,999 4
60,000 to 79,999 5
80,000 to 100,000 6
For each additional 100,000 6 plus 1
J. Parking for Persons with Disabilities
Parking spaces shall be provided for access by persons with disabilities in accordance with California Code of Regulations, Title 24.

K. Bicycle Parking Facilities

1. Bicycle Parking Facility Classifications. Bicycle parking facilities shall be classified as follows:
a. Class I. Covered, lockable enclosures with permanently anchored racks for bicycles. b. Class II. Lockable bicycle rooms with permanently anchored racks, where the bicyclist supplies only a padlock.
c. Class III. Lockable, permanently anchored bicycle racks, where the bicyclist supplies a padlock an d chain or cable to secure the bicycle to the stationary object, typically a cement slab or vertical metal bar.

2. Bicycle Parking Requirements.
a. Minimum Bicycle Parking Facilities. The minimum bicycle parking shall be provided per Table 9.215.040-5, Bicycle Spaces for Bicycle Parking Facility Class.

Item Title: 11.1
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Item Page Number: 87

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January 17, 2024
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Table 9.215.040-5 Bicycle Spaces for Bicycle Parking Facility Class Bicycle Spaces for Bicycle Parking Facility Class
Facility
Class INDUSTRIAL RESTAURANTS AND

COCKTAIL LOUNGES

COMMERCIAL, OFFICE

AND SERVICE USES NOT

OTHERWISE LISTED
Multi-Family
Employees
1 bicycle space for every
25 parking spaces
required. A minimum of 2
bicycle spaces required.

Type: Class I or Class II
1 bicycle space for every
25 parking spaces
required. A minimum of 2
bicycle spaces required.

Type: Class I or Class II
1 bicycle space for every
25 parking spaces
required. A minimum of 2
bicycle spaces required.

Type: Class I or Class II
A minimum of 2 bicycle
spaces required.

Type: Class I, II, or III
Patrons or
visitors Type: N/A
1 bicycle space for every
25 parking spaces
required. A minimum of 2
bicycle spaces required.

Type: Class I, II or III
1 bicycle space for every
25 parking spaces
required. A minimum of 2
bicycle spaces required.

Type: Class I, II, or III
N/A
Tenants N/A N/A N/A
1 bicycle space for every
20 parking spaces
required. A minimum of 2
bicycle spaces required.

Type: Class I, II, or III
NOTES:

1. Where the application of the provisions in the above table results in the requirement for a fraction of a bicycle parking space, such a space need not be provided unless the fraction exceeds 50 percent.

2. Where the application of the provisions in the above table results in the requirement of fewer than six employee spaces, Class II racks need not be placed within an enclosed lockable area. b. Design Standards. Bicycle parking facilities shall be installed in a manner which allows adequate spacing for access to the bicycle and the locking device when the facilities are occupied. General space allowances shall include a 2 -foot width and a 6-foot length per bicycle and a 5 -foot-wide maneuvering space behind the bicycle. The facilities shall be located on a hard, dust-free surface, preferably asphalt or concrete. c. Exemptions. Requests for exemptions from bicycle parking requirements shall be made in writing to the approval authority.
i. Exemptions from bicycle parking requirements shall be submitted and processed concurrently with the project application.
ii. Exemptions may be granted depending upon the location of the site with respect to an urbanized area, the nature and hours of operation of the proposed use, and the accessibility of the site by bicycle at present and in the future. (Ord. No. 2022-351, 09/21/2022)

Item Title: 11.1
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January 17, 2024
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Chapter 9.295 Special Housing Types

Contents:

9.295.010 Purpose

9.295.020 Accessory Dwelling Units and Junior Accessory Dwelling Units

9.295.025 Emergency Shelter

9.295.030 Guest Living Quarters

9.295.035 Low Barrier Navigation Center

9.295.037 Multifamily Housing in Commercial Zones – AB 2011 & SB 6

9.295.040 Single-Room Occupancy Units

9.295.020 Accessory Dwelling Units and Junior Accessory Dwelling Units

A. Purpose. The purpose of this section is to establish development standards for accessory dwelling units and to ensure the accessory dwelling unit is constructed and operated in a manner that is consistent with the requirements and allowances of state law, specifically Government Code Section 65852.2.

B. Applicability. The standards contained in this section shall apply to all accessory dwelling units and junior accessory dwelling units.

C. No Planning Permit RequiredPermit Requirements.

1. No Planning Permit Required. No planning application is required prior to the establishment of
a. an accessory dwelling unit when proposed within an existing permitted structure , including within the primary dwelling unit, an attached or detached garage, or other accessory structure. The accessory dwelling unit shall meet all standards of Subsection

9.295.020.E.1 to be verified through the building permit process.

1. Planning Building Permit Required. A planning permit is required prior to the establishment of an accessory dwelling unit when not proposed entirely within an existing permitted structure in accordance with the permit procedures in Article 2, Chapter 9.35 (Administration, Permits, and Procedures) and use tables in Article 3 (Zones). Accessory dwelling units and junior accessory dwelling units shall be approved ministerially through building plan check review and the issuance of a building permit and any other non -discretionary permit (e.g., grading permit) that may be required as applicable. Building plan check is not required for use of “City approved Permit Ready Accessory Dwelling Unit Plans”; however, preparation and submission of a site plan for review is required to determine compliance with Planning, Building, Engineering and Fire Code requirement s as applicable to the property in which the accessory dwelling unit is proposed. If applicable, a grading plan may also be required as determined by the Public Works Director.

2. An application for a permit pursuant to this section shall, notwithstanding Sections 65901 or 65906 of the Government Code or City code requirements for the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing.

The City shall either approve or deny the application to create or serve an accessory dwelling unit or junior accessory dwelling unit within 60 days from the date of receiving a completed Note: Only sections amended or added are included for this Chapter Item Title: 11.1
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application if there is an existing single-family dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or junior accessory dwelling unit is submitted with a permit application to create or serve a new single -family dwelling on the lot, the City may delay approving or denying the permit application for the accessory dwelling unit or junior accessory dwelling unit until the City approves or denies the permit application to create or serve the new single -family dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60 -day time period shall be tolled for the period of the delay.

3. If the City denies an application for a n accessory dwelling unit or junior accessory dwelling unit within 60 days of the date of receiving a completed application, the City shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

4. An application for a permit to create an accessory dwelling unit or junior accessory dwelling unit shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the accessory dwelling unit or junior accessory dwelling unit.

5. Demolition Permit. The review and issuance of a demolition permit for a detached garage that is replaced by an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time.

6. Development Impact Fees. Development impact fees shall not be required for an accessory dwelling unit less than 750 square feet in size. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionally in relation to the square footage of the primary dwelling unit.

7. Residential Subdivisions with Multiple Accessory Dwelling Units. Multiple accessory dwelling units proposed in conjunction with single -family dwellings on multiple lots as part of a residential subdivision shall be subject to the Minor Plot Plan Review provisions of Chapter

9.80. D. Density and Consistency.

1. Accessory dwelling units are not considered for the purposes of evaluating the density requirements established in the General Plan.

2. Accessory dwelling units are a residential use that is consistent with the existing General Plan designation and zoning for the lot.

3. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service.

E. Development and Operational Standards.

1. Accessory Dwelling Units within an Existing Permitted Structure. Accessory dwelling units located within an existing permitted structure shall comply with all the following standards:
a. The lot is zoned for to allow single -family or multifamily dwelling residential use and contains no more than one existing or proposed single-family dwelling.

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b. No other accessory dwelling unit exists or is proposed on the same parcel, except a junior accessory dwelling unit.
c. The accessory dwelling unit shall not be sold or otherwise conveyed separate from the primary dwelling on site. may be rented. An accessory dwelling unit may also be sold or conveyed separately from the primary residence to a qualified buyer if all of the following apply:
i. The accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation.
ii. There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
iii. The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:

1. The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling that each qualified buyer occupies.

2. A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property.

3. A requirement that the qualified buyer occupy the accessory dwelling unit or primary dwelling as the buyer’s principal residence.

4. Affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary dwelling that ensure the accessory dwelling unit and primary dwelling will be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer.

5. If the tenancy in common agreement is recorded after December 31, 2021, it shall also include all of the following:
i. Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant’s obligati ons to each of the other cotenants have been satisfied.
ii. Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party.

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iii. Procedures for dispute resolution among the parties before resorting to legal action.

6. A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.

7. Notwithstanding Government Code Section 65852.2(f)(2)(A), if requested by a utility providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility. iv. For purposes of this section, the following definitions apply:

1. “Qualified buyer” means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code.

2. “Qualified nonprofit corporation” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be s old to low -income families who participate in a special no-interest loan program.

d. The accessory dwelling unit shall not be rented for less than a 30-day period. e. The accessory dwelling unit complies with all Building and Safety Code requirements. f. The side and rear yard setbacks are sufficient for meeting fire safety requirements. g. Exterior access to the accessory dwelling unit, independent from the primary dwelling unit, is provided.
h. If a garage, carport or covered parking structure providing required parking for the primary dwelling is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement spaces for the primary dwelling shall not be required.
i. The accessory dwelling unit shall not be required to provide fire sprinklers if they are not required for the primary dwelling . Installation of f ire s prinklers in the primary dwelling shall not be required due to the construction of an accessory dwelling unit. j. If a private sewage disposal system is used, the applicant has obtained approval from all appropriate agencies.
k. Installation of a new or separate utility connection or the collection of a related connection fee or capacity charge is not required.
l. If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the exiting primary dwelling.

2. Accessory Dwelling Units (Attached and Detached). Accessory dwelling units not located within an existing permitted structure (i.e., new attached and detached structures) shall comply with all the following standards:
a. The lot is zoned for to allow single -family or multifamily dwelling residential use and contains no more than one existing or proposed single-family dwelling.

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b. No other accessory dwelling unit exists or is proposed on the same parcel, except a junior accessory dwelling unit.
c. The accessory dwelling unit may be rented. An accessory dwelling unit may also be sold or conveyed separately from the primary residence to a qualified buyer if it meets all of the provisions of Section 9.295.020.E.1.c. shall not be sold or otherwise conveyed separate from the primary dwelling on-site.
d. Either the primary dwelling or the accessory dwelling unit shall be occupied by the owner of the property,. The accessory dwelling unit shall not be rented for less than a 30 -day period.
d.e. The accessory dwelling unit complies with all Building and Safety Code requirements. e.f. The maximum total floor area for an attached or detached accessory dwelling unit is 1,2001,500 square feet.
f.g. Accessory dwelling units shall comply with the development standards of the zone in which the property is located, except:
i. Setbacks. no setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit; and, a setback of no more than four feet from the side and rear lot lines shall be required for a n accessory dwelling unit (that is not converted from an existing structure or a new structure constructed in the same location and to the sa me dimensions as an existing structure ). Notwithstanding the above setback requirements, a guest living quarter located in or on a permitted existing detached accessory structure (such as a garage) may be allowed with reduced interior side and rear yard setbacks if the setbacks are found to be sufficient for meeting fire safety requirements.

1. Front Setback. The front setback shall be the same as the underlying zoning of the property in which the accessory dwelling unit is proposed , except that application of the front yard setback standard shall not preclude the construction of an accessory dwell ing unit, of at least 800 square feet in size with four-foot side and rear yards. The front setback standard may be reduced to the extent necessary to accommodate the accessory dwelling unit.

2. Side and Rear Setback. A setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.

The above setback requirements shall not apply w here an existing permitted accessory structure or structure is converted to an accessory dwelling unit or where the accessory dwelling unit replaces an existing structure provided that the accessory dwelling unit is constructed in the same location an d to the same dimensions as the existing structure and that the structure meets fire safety requirements.
ii. Height.

1. A maximum height of 1 8 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit.

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2. A maximum height of 20 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 211155 of the Public Resources Code.

1. A maximum height of 25 feet or the height limitation of the zone applicable to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to the primary dwelling.
g.h. Accessory dwelling units shall be located to the rear or side of the primary dwelling, but shall not preclude the construction of an accessory dwelling unit, of at least 800 square feet in size with four -foot side and rear yards. unless a minor exception is granted pursuant to the procedures of Chapter 9.70 (Minor Exception). h.i. Parking shall be provided as follows:
i. One off-street parking space shall be required for the accessory dwelling unit . The space may be uncovered and shall be permitted in setback areas or as tandem parking, unless the location is not feasible based upon specific site or regional topographical or fire and life safety conditions.
ii. Parking for the accessory dwelling unit shall not be required if any of the following conditions are met:

1. The accessory dwelling unit is located within one-half mile walking distance of public transit.

2. The accessory dwelling unit is located within an architecturally and historically significant historic district.

3. The accessory dwelling unit is located within anpart of the proposed or existing permitted primary residence or an accessoryexisting permitted structure.

4. When on-street parking permits are required but not offered to the occupant(s) of the accessory dwelling unit.

5. When there is a car -share vehicle located within one block of the accessory dwelling unit.

5.6. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single -family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit satisfies all other criteria required in this chapter.
iii. If a garage, carport, or covered parking structure providing required parking for the primary dwelling is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement spaces are not required. i.j. . Accessory dwelling units shall be compatible with the architectural style of the primary dwelling. No bare metal, unpainted or unfinished structures are allowed. To determine architectural compatibility, the accessory dwelling unit structure must possess at least three of the following traits in common with the primary dwelling on-site:
i. Wall covering materials.
ii. Roofing material.
iii. Roofing pitch.

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iv. Structural eaves.
v. Mass and scale of structure relative to structural height. vi. Window characteristics.
vii. Decorative treatments.
j.k. Outside stairways serving an accessory dwelling unit located on a second story shall not be constructed on any building elevation facing a public street, not including alleys. k.l. Any accessory dwelling unit located more than 150 feet from a public right-of-way shall provide all-weather access for emergency vehicles as required by the Fire Marshal. l.m. Prior to issuance of a building permit, the applicant shall grant to the City an irrevocable offer of dedication for any additional right-of-way required to be consistent with the General Plan Circulation Element, or provide for access to the project site, or ensure that previous dedications were properly provided with underlying subdivisions and lot splits (prior to Subdivision Map Act requirements).
m.n. Prior to issuance of a building permit, public improvements may be required where public health, safety or welfare conditions warrant additional improvements. n.o. Prior to issuance of a building permit, the applicant shall submit to the City Building and Safety Department written certification from the affected water and sewer district(s) that adequate water and sewer facilities are or will be available to serve the proposed accessory dwelling unit. For accessory dwelling units using onsite septic facilities, the City requires a percolation test completed within the last five years, or if the percolation test has been recertified, in the last 10 years. wWritten certification of acceptability, including all supportive information, shall be submitted to the City Building and Safety Department with any application for a building permit for an accessory dwelling unit. o. Based upon geographic constraints, review shall be required from the following agencies, departments, divisions and districts:
i. Fire Department.
ii. Riverside County Flood Control and Water Conservation District. iii. Any other entities deemed necessary as determined by the Community Development Director.
p. Accessory dwelling units shall not be permitted in those areas of the city which have significant problems with regard to water availability or quality, sewage disposal or other public health or safety concerns. Prohibited areas shall include, but not be limited to, those areas where a development moratorium has been imposed, including a moratorium for water or sewer, whether imposed by the City or another public agency with the authority to impose such a development moratorium. q. A new or separate utility connection directly between the accessory dwelling unit and the utility may be required, unless exempt pursuant to Government Code section 65852.2(f)(4). The connection may be subject to a connection fee or a capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit upon the water or sewer system, based upon either the size of the accessory dwelling unit or the number of its plumbing fixtures.
r. The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory Item Title: 11.1
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dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing single-family or multifamily dwelling.

3. Multifamily Accessory Dwelling Units and Accessory Dwelling Units combined with a Junior Accessory Dwelling Unit. Notwithstanding the above, any of the following within a residential or mixed-use zone is allowed subject to ministerial approval of building permit:
a. One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
i. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single -family dwelling or existing space of a single -family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
ii. The space has exterior access from the proposed or existing single-family dwelling. iii. The side and rear setbacks are sufficient for fire and safety. iv. The junior accessory dwelling unit complies with the requirements of Section

9.295.020.E.4.
b. One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single -family dwelling.

The accessory dwelling unit may be combined with a junior accessory dwelling unit described above, subject to the following conditions on the accessory dwelling unit:
i. A total floor area limitation of not more than 800 square feet. ii. A height limitation as provided in clause (i), (ii), or (iii) as applicable, of subparagraph (D) of paragraph (2) of subdivision (c).
c. Multiple Accessory Dwelling units within portions of existing multifamily structures. i. Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
ii. At least one accessory dwelling unit within an existing multifamily dwelling up to a maximum of 25 percent of the existing multifamily dwelling units. d. Multifamily with detached accessory dwelling units.
i. Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to the applicable height limitation of this chap ter as applicable, and rear yard and side setbacks of no more than four feet. ii. If the existing multifamily dwelling has a rear or side setback of less than four feet, no modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this chapter.

4. Development and Operational Standards for Junior Accessory Dwelling Units (JADU). a. No more than one JADU is permitted per residential lot zoned for single -family residences, with a single-family residence built, or proposed to be built on the lot.

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b. JADUs must be constructed entirely within the walled interior area of an existing or proposed primary dwelling. Enclosed uses within the residence, such as an attached garage, are considered part of the proposed or existing single-family residence. c. The JADU shall not be rented for less than a 30-day period. d. The JADU complies with all Building and Safety Code requirements. e. The JADU shall have its own separate entrance from the main entrance of the proposed or existing single-family residence.
f. The JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure. If a permitted JADU does not include a separate bathroom, the permitted JADU shall include a separate entrance from the main entrance t o the structure, with an interior entry to the main living area. g. The JADU shall not exceed 500 square feet.
h. The JADU must include an efficiency kitchen, which shall include the following:
i. A cooking facility with appliances; and
ii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
i. No additional parking shall be required for a JADU.
j. The owner of single -family property on which the JADU is proposed, must execute a covenant and agreement in a form acceptable to the City, stating that either the remaining portion of the primary dwelling or the newly created JADU will be occupied by the property owner. Owner occupancy is not required if the owner is ano ther governmental agency, land trust, or housing organization. k. The owner must record a deed restriction, which shall run with the land, which shall include the following:
i. A prohibition on the sale of the JADU separately from the sale of the single -family residence, including a statement that the deed restriction may be enforced against future purchasers.
ii. A restriction on the size and attributes of the JADU as outlined in these provisions. l. For purposes of any fire or life protection ordinance or regula tion, a JADU shall not be considered a separate or new dwelling unit.
m. For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit.

Certificate of Occupancy. No certificate of occupancy for an accessory dwelling unit shall be issued before the issuance of a certificate of occupancy for the primary dwelling.

9.295.025 Emergency Shelter
A. Purpose and Intent. The purpose of this section is to permit Emergency Shelters and to ensure that they do not adversely impact adjacent properties and surrounding neighborhoods consistent with the goals, objectives, and policies of the General plan.

B. Applicability. Emergency shelters shall be permitted in the HI and HDR zones without a conditional use permit or other discretionary action. For the purposes of this Section, “Emergency Shelter” shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.

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C. Development Standards. Emergency Shelters shall comply with the standards of the underlying zoning of the property in which the Emergency Shelter is proposed, the City’s Multifamily Objective Design Standards as applicable, and all local, state, and federal requirements. In addition, Emergency Shelters shall comply with the following:

1. The maximum number of clients permitted to be served (eating, showering, and/or sleeping) nightly shall not exceed one per one hundred twenty -five (125) square feet of floor area;

2. Sufficient parking shall be provided to accommodate all staff working in the emergency shelter, provided that the required parking for the emergency shelter is no more than other residential or commercial uses within the same zone.

3. The interior onsite waiting and client intake area for a facility shall include a minimum of ten (10) square feet per bed;

4. An exterior onsite waiting and client intake area shall be located a minimum of 50 feet from any public right -of-way, and a minimum of 50 feet from an adjacent property, and shall be screened from public view by a minimum 6-foot-high screen wall and landscaping;

5. No portion of any Emergency Shelter shall be located within three hundred (300) feet of another Emergency Shelter;

6. Lighting shall be provided in all parking, exterior (outside) intake and/or waiting areas, outside common areas and along the periphery of the building and facility.

Such lighting shall be in conformance with Chapter 9.205 Lighting Standards of this Code.

7. Provide on -site facilities management personnel during all hours that the emergency shelter is in operation.

8. Provide security during all hours that the emergency shelter is in operation.

9.295.035 Low Barrier Navigation Center
A. Purpose. The purpose of this section is to establish requirements for review of low barrier navigation centers in compliance with California Government Code Sections 65660 through 65668. The California Legislature finds and declares that Low Barrier Navigation Center developments are essential tools for alleviating the homelessness crisis in this state and are a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Article 12 – Low Barrier Navigation Centers of the California Government Code shall apply to all cities, including charter cities.

B. Applicability. The provisions contained in this section shall apply to all low barrier navigation centers. A Low Barrier Navigation Center development is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses, provided that it meets the following requirements:

1. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

2. It is linked to a coordinated entry system, so that staff in the interim facility or staff who collocate in the facility may conduct assessments and provide services to connect people to permanent housing.

3. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

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4. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

5. Low Barrier Navigation Centers shall also comply with the standards established for Emergency Shelters in Section 9.295.027 of this Code.

C. Requirements for By Right Review. Within 30 days of receipt of an application for a Low Barrier Navigation Center development, the City will notify a developer whether the developer’s application is complete. If the application is determined to be incomplete, the City will provide the applicant with an exhaustive list of items that were not complete (Government Code Section 65943).

D. Definitions. For the purposes of this section, the following definitions apply unless the context clearly indicates or requires a different meaning, or otherwise defined in Government Code Sections 65660 et seq.

1. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to the applicable provisions of the Code of Federal Regulations as specified in Government Code Section 65662, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

2. “Low barrier” see definition of “Supportive Housing – Low Barrier Navigation Center” in Chapter 9.300 Universal Definitions.

3. “Low barrier navigation center” see definition of “Supportive Housing – Low Barrier Navigation Center” in Chapter 9.300 Universal Definitions.

E. Repeal. This section shall remain in effect until January 1, 2027, and as of that date is repealed unless extended under state law.

9.295.037 Multifamily Housing in Commercial Zones – AB 2011 & SB 6 A. Purpose. This section is adopted pursuant to the provisions of Assembly Bill 2011, known as the “Affordable Housing and High Road Jobs Act of 2022 ,” and Senate Bill 6, known as the Middle Class Housing Act of 2022.” This legislation is intended to provide greater opportunity for housing and address the State’s continuing housing crisis.

B. Applicability. This section establishes clear eligibility criteria for the use of commercial -zoned properties for multiple-family developments.

1. AB 2011 Mixed-Income Housing Projects are permitted in:
a. Zoning districts where office, retail, or parking are a principally permitted use; and

2. AB 2011 100% Affordable Housing Projects are permitted in:
a. Zoning districts where office, retail, or parking are a principally permitted use.

3. SB 6 Projects are permitted in:
a. Zoning districts where office, retail, or parking are a principally permitted use.

C. Application and Processing.

1. AB 2011 Mixed-Income Housing Projects and AB 2011 100% Affordable Housing Projects that meet all the requirements of this section shall be by right and require submittal of an AB 2011 Multi-Family Ministerial Review application processed in accordance with the following procedures:

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a. Application Review Shot -Clock and Written Comments. If the City determines that the proposed development is in conflict with an y objective development standards, the City will provide the applicant with written documentation of the standards the development confli cts with, as well as an explanation for the reason(s) the development conflicts with the standards within:
i. 60 days of submittal for developments of 150 or fewer housing units ii. 90 days of submittal for developments larger than 150 units. b. Reasonable Person Standard for Determination of whether Objective Planning Standards are met. A development is consistent with objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.
c. Design Review Shot -Clock. Design review shall be broadly applicable and to developments with in the City and shall not inhibit or preclude the ministerial approval provided by the review process. The review must be completed within:
i. 90 days of submittal for developments of 150 or fewer housing units. ii. 180 days of submittal for developments larger than 150 units. iii. The design review shot -clock runs concurrently with the objective standards review in Subsection a.
d. Applications for an AB 2011 Multi -Family Ministerial Review shall be reviewed and approved by the designated approving authority as specified in Table

9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, alter, or deny an application for an AB 2011 Multi-Family Ministerial Review Permit.

2. Certain projects processed under AB 2011 are exempt from California Environmental Quality Act (CEQA), as set forth in AB 2011.

3. SB 6 projects are processed as a Major Plot Plan application subject to review procedures of Chapter 9.80 Plot Plan.

4. If the proposed project meets all SB 6 requirements (except non-compliance with zoning prohibiting residential use), then it may invoke SB 35 and the Housing Accountability Act.

Chapter 9.87 of this Code outlines the approval process for SB 35 Multifamily Ministerial Review projects.

D. Site and Project Criteria for AB 2011. All projects must be multiple-family housing developments located within an urbanized area or urban cluster (designated by US Census Bureau) and in zoning districts where office, retail, or parking are principally permitted uses.

Additional criteria required as follows:

1. 100% affordable housing projects must:
a. Be on a parcel in an urban area, surrounded by urban uses, and not on a site or adjoined to any site where more than 1/3 of the square footage is dedicated to an industrial use (Government Code Section 65912.111(b)-(d)). Under AB 2011, parcels separated only by a street or highway are considered adjoined. b. The site satisfies the requirements of Government Code Section 65913.4(a)(6)(B)- (K). (Government Code Section 65912.111(e)).

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c. The units are subject to a recorded deed restriction of 55 years for rental units and 45 years for owner-occupied units.
d. Meet hazardous condition criteria as determined in a Phase I environmental site assessment ( ESA) (Government Code Section 65912.111(c)). e. Be located more than 500 feet from a freeway and more than 3,200 feet from a facility that extracts or refines oil or natural gas. ( Government Code Section 65912.111(d)-(e)).
f. Meet objective zoning standards , specifically the City’s Multifamily Objective Design Standards (Government Code Section 65912.111(f)).

2. Mixed-income eligible projects must:
a. Be on a parcel in an urban area, surrounded by urban uses, abuts a commercial corridor with a frontage along the corridor of at least 50 feet, is on a site of 20 acres or less, and is not on a site or adjoined to a site where more than 1/3 of the square footage is dedicated to industrial uses. ( Government Code Sections 65912.121(b)-(f)). Under AB 2011, parcels separated only by a street or highway are considered adjoined.
b. Be on a site that satisfies the requirements of Government Code Section 65913.4(a)(6)(B)-(K). (Government Code Section 65912.121(g)). c. The development would not require the demolition of:
i. Housing subject to recorded covenant, ordinance or law that restricts rents to levels affordable to moderate, low, or very low-income households. ii. Housing subject to rent price control.
iii. Housing occupied by tenants in the last 10 years, excluding manager's units. iv. Any historic structure on a national, state, or local historic register. d. Not be on a site that was previously used for permanent housing that was occupied by tenants, excluding any manager’s unit, that was demolished within 10 years before development proponents submits an application.
e. Vacant sites cannot contain tribal cultural resources or be located in a very high fire hazard severity zone (Government Code Section 65912.121(j)). f. Meet the following affordability criteria by providing:
i. For rental projects, 8% very low-income and 5% extremely low-income affordable units; or
ii. 15% affordable for lower income households
(Government Code Section 65912.122(a)).
iii. All affordable units must have a recorded deed restriction for 55 years. g. For owner-occupied housing:
i. 30% of units offered as affordable to moderate income households; or
ii. 15% units offered as affordable to lower income households (Government Code Section 65912.122(b)).
iii. All affordable units must have a recorded deed restriction for 45 years.

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h. Meet objective development standards (Government Code Section 65912.123). i. For sites more than one acre in size and with more than 100 feet in width, provide a density of at least 60 units/acre (Government Code Section 65912.123) j. Located more than 500 feet from a freeway and more than 3,200 feet from a facility that extracts or refines oil or natural gas ( Government Code Sections 65912. 123(g)-(h)).
k. Provide notice and specified protections to existing commercial tenants located on the site (Government Code Section 65912.123(i)).

4. Affordable units in the project must have the same bedroom and bathroom count ratio as the market rate units, be equitably distributed within the project, and have the same type or quality of appliances, fixtures, and finishes.

5. Eligible projects must meet specified labor standard criteria, including payment of a prevailing wage, and, for larger projects (over fifty (50) units), hire contractors that participate in apprenticeship programs (Government Code Sections 65912.130,-.131).

6. Projects may be eligible for a density bonus, incentives or concessions, waivers, or parking ratios pursuant to Section 9.03.050 (Residential Districts).

E. Site and Project Criteria for SB 6 Projects. All projects must be multiple -family housing developments or mixed-use with at least 50 percent of the square footage dedicated to residential use located within an urbanized area or urban cluster (designated by US Census Bureau) and in zoning districts where office, retail, or parking are principally permitted uses.

Additional criteria required as follows:

1. The project must meet specified density requirements—at least 30 units/acre for the parcel (Government Code Sections 65852.24(b)(1), and 65583.2(c)(3)(B)).

2. The project site is 20 acres in size or less (Government Code Section 65852.24(b)(4)).

3. The project m eets specified objective development standards , specifically applicable standards of the Development Code, Subdivision Code, and Multifamily Objective Design Standards (Government Code Section 65852.24(b)(5)).

4. The project is not on a site or adjoined to any site where more than 1/3 of the square footage is dedicated to an industrial use (Government Code Section 65852.24(b)(6)(B)(i)).

5. The project is consistent with any applicable and approved sustainable community strategy or alternative plan (Government Code Section 65852.24(b)(7)).

6. The project is either: (i) a public work (as defined in Government Code Section 65852.24.(b)(8)(A)(i) for prevailing wage purposes, or (ii) all construction labor will be paid a prevailing wage (along with other labor requirements) ( Government Code Section 65852.24(b)(8)(A)).

7. The developer must provide written notice to any exiting commercial tenants (Government Code Section 65852.24(c)(1)).

8. Mixed-use developments consisting of residential and nonresidential retail commercial or office uses are required to have at least 50 percent of the square footage of the new construction associated with the project designated for residential use. None of the square footage of any such development shall be designated for a hotel, motel, bed, and breakfast inn, or other transient lodging use, except for a residential hotel.

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9. The housing development shall comply with any public notice, comment, hearing, or other procedures imposed by the City on a housing development in the applicable zoning designation.

F. Development standards for AB 2011 projects.

1. 100% affordable housing projects must meet the following standards:
a. Project density meets or exceeds applicable density deemed appropriate to accommodate lower-income households pursuant to housing element law. b. Development must meet objective zoning, subdivision, and design review standards for the zone that allows greater residential density between the following:
i. Existing zoning designation for the parcel if it allows multifamily residential use; or
ii. Zoning designation for the closest parcel that allows residential use at a density that is appropriate to accommodate lower income households pursuant to housing element law.
c. Development shall be deemed consistent with objective zoning standards related to housing density if compliant with maximum density allowed within the land use designation and regardless of any specified maximum unit allocation that may result in fewer units of housing being permitted.

2. Mixed-income housing projects must meet the following standards:
a. In metropolitan jurisdictions, the residential density shall meet or exceed the greater of the following:
i. The existing residential density permitted;
ii. For sites of less than one acre, 30 units/acre;
iii. For sites of one acre or greater located on a commercial corridor of less than 100 feet in width, 40 units/acre;
iv. For sites of one acre or greater located on a commercial corridor of 100 feet or greater width, 60 units/acre;
v. For sites within one-half mile of a major transit stop, 80 units/acre. b. Height limit applicable shall be the greater of the following: Height currently permitted on the parcel;
i. For sites on a commercial corridor of less than 100 feet in width, 35 feet;
ii. For sites on a commercial corridor of 100 feet or more, 45 feet; iii. For sites within one -half mile of a major transit stop in a city with a population of greater than 100,000, 65 feet.
c. No parking is required except for requirements related to bicycle parking, electric vehicle parking spaces or parking spaces accessible to persons with disabilities. d. Projects are required to meet the following setback standards:
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25 feet and the ground floor of a building must abut within 10 feet of the property line for at least 80% of the frontage.
ii. For portions of the property that front a side street, the building must abut within 10 feet of the property line for at least 60% of the frontage. For portions of the property that abuts an adjoining property that also abuts the same commercial corridor, no setbacks may be required unless the adjoining property contains any residential use that was constructed prior to the enactment of AB 2011.
iii. Along property lines that abut a residential use, the ground floor shall be set back 10 feet. Starting with the second floor, each floor shall be stepped back in an amount equal to 7 feet multiplied by the floor number. iv. Along property lines that abut non-residential use, the development shall be set back 15 feet.
e. One-half of the ground floor area of the housing development shall be dedicated to retail use.

G. Development standards for SB 6 projects.

1. Must comply with local zoning, parking, design, and other ordinances, local code requirements, and procedures applicable to the processing and permitting of a housing development in the zone that allows for housing with the requested density. a. If more than one zoning designation allows for requested density, the applicable zoning standards shall be those for the zoning designation for the closest parcel that allows residential use at a density that is appropriate to accommodate lower- income households pursuant to housing element law.
b. If the existing zoning designation for the parcel allows residential density that exceeds housing element law density, the existing zoning designation applies.

2. The project must comply with all other objective local requirements for a parcel (except those that prohibit residential use or allow residential use only at a lower density), including impact fee requirements.

H. Density Bonuses.

A housing development proposed pursuant to the act shall be eligible for a density bonus, incentives or concessions, waivers, or reductions of development standards, and parking ratios pursuant to section 65915. (§ 65912.114, subd. (f).) A development proposal for consideration as mixed-income housing has the same eligibility but cannot use a concession to reduce the City requirement for the provision of up to one-half of the ground floor dedicated to retail.

I. Protection of Residential Units.

The development shall not demolish more residential units than it will develop or result in the demolition of occupied or vacant protected units without meeting certain criteria outlined in the Act regardless of whether the development is or not typically affected by section 66300. (§§ 65912.114, subd. (g), 65912.124, subd. (g), 66300, subd. (d).) J. Subdivision Applications May be Exempt from CEQA Review.

If the development is consistent with all objective subdivision standards in the local subdivision ordinance, an application for a subdivision pursuant to the Subdivision Map Act shall be exempt from CEQA requirements. (§§ 65912.114, subd. (h), 65912.124, subd. (h).) Item Title: 11.1
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K. Some Parcels May be Exempted from the Ministerial Review Shot-Clock.

The City may exempt parcels from the shot -clocks mandated in sections 65912.114 and 65912.124, but the parcels will still be subject to the expiration timeframes in section 65913.4, subdivision (f) relating to non -expiration of approvals for developments t hat include public investment in housing affordability that contain at least 50% of units affordable to households at or below 80% of the area median income (“AMI”). (§§ 65912.114, subd. (j), 65912.124, subd. (j).)
L. City May Override Ministerial Review Process with Certain Written Findings The City may exempt a parcel from the Act’s ministerial review process if before a development proponent submits an application, the City makes written findings establishing all of the following:

1. Identified Parcels: The City identified parcels (“Identified Parcels”) that meet the requirements of section 65912.111, subdivisions (b) through (f) or section 65912.121, subdivisions (b) and (e)-(h). (§§ 65912.114, subd. (i)(1), 65912.124, subd. (i)(1).)

2. Allowing Residential Use or Higher Residential Density: If Identified Parcels would not otherwise be eligible for development pursuant to the Act, the City permitted the parcels to be developed pursuant to the Act. (§§ 65912.114, subd. (i)(2)(A), 65912.124, subd. (i)(2)(A).) If Identified Parcels would otherwise be eligible for development pursuant to the Act, the City permitted residential densities above the residential density required in subdivision (b) of sections 65912.113 and 65912.123 and heights re quired in section 65912.123, subdivision (c). (§§ 65912.114, subd. (i)(2)(B), 65912.124, subd. (i)(2)(B).)

3. Protecting Residential Uses: The development of the parcels will result in all of the following:
a. No net loss of the total potential residential density in the jurisdiction. (§§ 65912.114, subd. (i)(3)(A), 65912.124, subd. (i)(3)(A).) b. No net loss of the potential residential density of housing affordable to lower income households in the jurisdiction. (§§ 65912.114, subd. (i)(3)(B), 65912.124, subd. (i)(2)(B).)
c. Affirmative furthering of fair housing. (§§ 65912.114, subd. (i)(3)(C), 65912.124, subd. (i)(3)(C).)
M. Modifications and Subsequent Permits Shall Not Be Unreasonably Delayed Proposed modifications to a development approved pursuant to the Act shall be undertaken pursuant to section 65913.4, subdivision (g). (§§ 65912.114, subd. (k), 65912.124, subd. (k).) Further, the City shall not adopt or impose any requirement that applies to a development solely or partially on the basis that the development is eligible to receive ministerial review. (§§ 65912.114 (l), 65912.124, subd. (l)).

For development developments approved pursuant to the Act’s review process, the City shall issue subsequent permits without unreasonable delay and shall not impose any procedure or requirement that is not imposed on developments that are not approved pursu ant to this section. (§§ 65912.114, subd. (m), 65912.124, subd. (m), 65913.4, subd. (h)(2).) Additionally, public improvements necessary to implement the approved development shall not be reviewed in a manner that would inhibit, chill, or preclude the deve lopment. (§§ 65912.114, subd. (n), 65912.124, subd. (n), 65913.4, subd. (h)(3).)
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N. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

1. “AB 2011 Mixed-Income Housing Projects” shall refer to housing development project as set forth in AB 2011, Article 2 (Affordable Housing Developments in Commercial Zones), and is intended to refer to such projects which are subject to a streamlined, ministerial review, pursuant to Government Code Section 65912.114, subject to satisfying all requisite requirements, as set forth therein.

2. “AB 2011 100% Affordable Housing Project” shall refer to housing development project(s) as set forth in AB 2011, Article 3 (Mixed-Income Housing Developments Along Commercial Corridors), and is intended to refer to such projects which are subject to a streamlined, ministerial review pursuant to Government Code Section 65912.124, subject to satisfying all requisite requirements, as set forth therein.

3. “SB 6 Projects” shall refer to housing development project as set forth in SB 6, as codified in Government Code Section 65852.24, subject to the streamlined, ministerial approval process, satisfying all requisite requirements therein.

4. “Commercial corridor” means a highway, as defined in Vehicle Code Section 360, that is not a freeway, as defined in Vehicle Code Section 332, and that has a right-of-way, as defined in Vehicle Code Section 525, of at least 70 feet but not greater than 150 feet.

5. "Dedicated to industrial use" means any of the following: (1) square footage is currently being used as industrial use; (2) more recently permitted use of the square footage is an industrial use; or (3) site was designated for industrial use in local government's latest general plan adopted before January 1, 2022.

6. “Multiple-family” as applicable to Section 9.04.050 of this Code, means a property with five or more housing units for sale or for rent. There is no requirement that the housing units be attached.

7. “Prevailing wage” means at least the general prevailing rate or per diem wages for the type of work and the geographic area as determined by the Director of Industrial Relations pursuant to Labor Code Sections 1773 and 1773.9, except apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. The same definition is used in both AB 2011 and SB 6.

8. “Principally permitted use” means a use that may occupy more than one -third of the square footage of designated use on the site and does not require a conditional use permit.

9. “Residential hotel” has the same meaning as defined in Government Code Section 50519 of the Health and Safety Code.

O. Interpretation. If any portion of this section conflicts with AB 2011, SB 6, or other applicable state law, state law shall supersede this section. Any ambiguities in this section shall be interpreted to be consistent with AB 2011 and SB 6.

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Chapter 9.296 SB 9 Urban Lot Split & Two-Unit Development

Contents:

9.296.010 Purpose

9.296.020 Applicability

9.296.030 Approving Authority

9.296.040 Requirements

9.296.050 Urban Lot Split Development Standards

9.296.060 Two-Unit Development Standards

9.296.070 Specific Adverse Impacts

9.296.010 Purpose

The purpose of this section is to appropriately regulate urban lot splits and two -unit developments in accordance with Government Code Section 66411.7 and 65852.21.

9.296.020 Applicability
Only individual property owners may apply for an urban lot split and a two-unit development. "Individual property owner" means a person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C Corp, S Corp, etc.) except for a community land trust (as defined by Revenue and Taxation Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue and Taxation Code § 214.15).

9.296.030 Approving Authority
An application for housing development with two units on a single lot within a single-family residential zone shall be considered and approved ministerially, without discretionary review or a hearing.

Applications for Senate Bill 9 ( SB 9) urban lot splits and t wo-unit developments shall be reviewed and approved by the designated authority as specified in Table 9.30.090 -1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, alter, or deny an application for SB 9 urban lot splits and two-unit developments.

9.296.040 Requirements

The standards set forth below shall apply to all urban lot splits and two-unit developments. For any development standard not explicitly identified below, the requirements of the underlying zone shall apply, unless superseded by State Law.

A. Map Act Compliance. The lot must conform to all applicable objective requirements of the Subdivision Map Act (Government Code § 66410 et seq., "SMA"), including implementing requirements in this Code, except as otherwise expressly provided in this section.

B. Location and Zoning. An urban lot split or two-unit development project shall only be allowed in a single-family residential zone. For the purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential Item Title: 11.1
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dwelling on a lot, subject to the exceptions set forth below and in Government Code § 65913.4(a)(6)(B) —(K). (See Government Code § 66411.7(a)(3)(C).) Not on properties that are:

1. Prime farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

2. A wetland.

3. Within a very high fire hazard severity zone, unless the site complies with all fire -hazard mitigation measures required by applicable building code standards.

4. A hazardous waste site that has not been cleared for residential use.

5. Within a delineated earthquake fault zone, unless the development complies with applicable seismic protection building code standards.

6. Within a 100-year flood hazard area, unless the site has either:
a. Been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or b. Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

7. Within a regulatory floodway unless all development on the site has received no -rise certification.

8. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. Properties within the Hills ide Overlay are subject to Hillside Development Standards pursuant to Chapter 9.195.

9. Habitat for protected species.

10. Land under conservation easement.

11. Must not be a historic property or within an historic district that is included in the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.

C. Restrictions Related to Existing Affordable Housing and Rentals. A parcel is not eligible to do an urban lot split or a two-unit development if the project would require demolition or alteration of:

1. More than 25 percent of the exterior walls of a unit that is occupied by a tenant or has been occupied by a tenant at any time in the previous three years;

2. Housing that is income-restricted for households of moderate, low, or very low income;

3. Housing that is subject to any form of rent or price control; and

4. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code §§ 7060—7060.7) at any time in the 15 years prior to submission of the urban lot split application.

D. Regulation of Uses.

1. Nonresidential Uses. Except for permitted home occupations pursuant to Chapter 9.255, non-residential uses shall be prohibited.

2. Short Term Rentals Prohibited. Units created pursuant to this Chapter shall be rented or leased for a term equal to or longer than 30 days.

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3. Owner Occupancy.
a. Urban Lot Split – the applicant/property owner for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant’s principal residence for a minimum of three years after the urban lot split is approved.
b. Two-Unit Development – Unless the lot on which a two -unit development is constructed was established through an urban lot split, the property owner of the property shall reside in one of the units as their principal residence.

E. Deed Restriction. The owner must record a deed restriction, acceptable to the City, that does each of the following:

1. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.

2. Expressly prohibits any non-residential use of the lots created by the urban lot split.

3. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

4. States that the property is formed by an urban lot split and therefore subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development.

5. States that t he deed restriction runs with the land and each provision therein may be enforced against future owners of the property.

9.296.050 Urban Lot Split Standards
The following development standards shall apply to urban lot splits.

A. Parcel Size.

1. Each resulting lot shall be of approximately equal size. In no instance shall a parcel be smaller than 40 percent of the lot area of the original parcel proposed for subdivision, or smaller than 1,200 square feet, whichever is greater.

2. Lots created from an SB 9 urban lot split may not be further subdivided.

B. Lot Lines. Lot lines shall be depicted on the parcel map submitted as part of urban lot split application and prepared by a registered civil engineer or licensed land surveyor in accordance with Government Code Section 66444 -66450. Lot lines shall include a reference basis, distance, measurement, and bearings.

C. Access.

1. Each resulting parcel shall provide at least a 24-foot lot frontage along a public or private street.

2. Additional access requirements, including but not limited to a wider access corridor or easement, may be required where necessary to provide adequate access for fire safety equipment as determined by the Fire Marshal.

D. Setbacks. The proposed property line dividing an existing lot into two lots with a proposed urban lot split shall be setback a minimum of 5 feet from an existing primary dwelling or any existing accessory structure located on the lot intended to be subdivided.

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E. Dedications and Easements. Easements may be required to convey public utilities, access, and other services. Right-of-way dedication and offsite improvements shall not be required through an urban lot split.

F. No Prior Lot Split. A lot shall not be eligible for an urban lot split if it was previously established through a parcel map for an urban lot split.

G. Adjacent Parcels. A lot shall not be eligible for an urban lot split if the owner of the lot being subdivided, or any person acting in concert with the owner, has previously subdivided an adjacent lot via an urban lot split.

H. Legal Nonconforming Conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.

I. Utilities. Parcels created through an urban lot split shall have separate sewer, water, gas, and electrical utility services and have the ability to connect prior to approval of the urban lot split.

J. Unit Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For the purposes of this subdivision, the two -unit limitation applies to any combination of primary dwelling units, Accessory Dwelling Units (ADUs), or Junior Accessory Dwelling Units (JADUs).

K. Two-Units. Parcels created through an urban lot split shall be subject to Section 9.296.060 Two- Unit Development Standards.

9.296.060 Two-Unit Development Standards
The following development standards shall apply to two-unit developments.

A. Legal Lot. The proposed development must be located on a legally created lot or a proposed urban lot split.

B. Unit Quantity . A lot that is not created by an urban lot split may have a two -unit project under this section. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary unit, a unit created under this section of the code, an Accessory Dwelling Unit ( ADU), or a Junior Accessory Dwelling Unit (JADU).

C. Unit Size.

1. The total floor area of each primary dwelling unit that is developed as a two -unit project must be between 500 to 800 square feet.

2. A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two- unit project. The unit may not be expanded.

3. A primary dwelling that was legally established prior to the two -unit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two-unit project.

D. Lot Coverage. The lot coverage standard per the existing zone will only be enforced to the extent that it does not prevent two primary dwelling units on the lot of 800 square feet each.

E. Open Space. The open space standard per the existing zone will only be enforced to the extent that it does not prevent two primary dwelling units on the lot of 800 square feet each.

F. Setbacks.

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1. Generally. All setbacks must conform to those objective setbacks that are imposed by the underlying zoning.

2. Separation. Each unit shall be located 10 feet from each other and at least 5 feet from an accessory structure, patio cover, or carport.

3. Exceptions.
a. Existing Structures. No setback is required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.
b. 800 Square Foot Dwelling. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from bein g at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.

G. Parking Spaces Required.

1. Each primary dwelling unit must have at least one off-street parking space.

2. Required parking for each dwelling unit may be exempt if one of the following applies:
a. The lot is located within one-half mile walking distance of either of the following:
i. A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.
ii. A site that contains an existing rail or bus rapid transit station, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
b. The site is located within one block of a car-share vehicle location.

H. Architecture. Two-unit developments shall be compatible with the architectural style of the primary dwelling. No bare metal, unpainted or unfinished structures are allowed. To determine architectural compatibility, two-unit developments must possess at least three of th e following traits in common with the primary dwelling on-site:

1. Wall covering materials.

2. Roofing material.

3. Roofing pitch.

4. Structural eaves.

5. Mass and scale of structure relative to structural height.

6. Window characteristics.

7. Decorative treatments.

I. Utilities.

1. Each existing and newly constructed unit shall maintain separate and independent public services and utilities, including separate utility connections and meters. All electric utility connections shall be underground.

2. Two-unit developments shall be required to connect to sewer and shall not be permitted where sewer is not available.

J. Fire-Hazard Mitigation Measures. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:

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1. Emergency access and water supply requirements shall comply with the California Code of Regulations, Title 14 and Title 24, Part 9.

2. All new structures on the site must comply with current building code standards for dwellings in a very high fire hazard severity zone.

K. Separate Conveyance.

1. Dwelling units on the lot may not be owned or conveyed separately from each other.

2. Condominium airspace divisions and common interest developments are not permitted within the lot.

3. All fee interest in a lot must be held equally and undivided by all individual property owners.

L. Certificate of Occupancy. No certificate of occupancy for a two-unit development shall be issued before the issuance of certificate of occupancy for the first primary dwelling.

M. Applicable Chapters. Site requirements of the following Chapters, but not limited to, shall apply to two-unit developments:

1. Chapter 9.160 – General Development Standards

2. Chapter 9.165 – Accessory Structures

3. Chapter 9.185 – Fences, walls and screening

4. Chapter 9.190 – Hillside Development Standards

5. Chapter 9.195 – Landscaping Standards

6. Chapter 9.200 – Tree Preservation

7. Chapter 9.230 – Utilities

9.296.070 Specific Adverse Impacts
Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

The building official may consult with and be assisted by the Community Development Director and others as necessary in making a finding of specific adverse impact.

Item Title: 11.1
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Item Page Number: 112

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Menifee, CA | Development Code Article 6, Page 9.300-1

Chapter 9.300 Universal Definitions

Contents:

9.300.010 Purpose

9.300.020 “A” Definitions

9.300.030 “B” Definitions

9.300.040 “C” Definitions

9.300.050 “D” Definitions

9.300.060 “E” Definitions

9.300.070 “F” Definitions

9.300.080 “G” Definitions

9.300.090 “H” Definitions

9.300.100 “I” Definitions

9.300.110 “J” Definitions

9.300.120 “K” Definitions

9.300.130 “L” Definitions

9.300.140 “M” Definitions

9.300.150 “N” Definitions

9.300.160 “O” Definitions

9.300.170 “P” Definitions

9.300.180 “Q” Definitions

9.300.190 “R” Definitions

9.300.200 “S” Definitions

9.300.210 “T” Definitions

9.300.220 “U” Definitions

9.300.230 “V” Definitions

9.300.240 “W” Definitions

9.300.250 “X” Definitions

9.300.260 “Y” Definitions

9.300.270 “Z” Definitions
(Ord. No. 2022-356, 10/05/2022)

9.300.010 Purpose

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This chapter provides definitions of terms and phrases used in this Development Code 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 Development Code. 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 9.10 (Rules of Interpretation). State law definitions, as they may be amended from time to time, control over the definitions in this section.

9.300.020 “A” Definitions

Abandonment. A discontinuance of any use with intent to permanently discontinue such use.

Abatement. The method of reducing the degree and intensity of pollution, nuisances or violations.

Abut. To physically touch or border upon; to share a common property line.

Access. A way or means of physical entry to a property.

Accessory Dwelling Unit . An attached or a detached dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the primary dwelling unit is situated. An accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code Section 17958.1, and a manufactured home , as defined in California Health and Safety Code Section 18007.

Accessory Use. See Use, Accessory.

Accessory Structure. See Structure, Accessory.

Acre. A measure of land area containing 43,560 square feet.

Acre, Gross. The entire acreage of a site calculated to the centerline of bounding streets.

Acre, Net. The portion of a site not reserved for public use. The following are not included in the net acreage of a site: public or private road rights-of-way, common or public open space, and floodways.

Action. A decision on a permit application or other land use matter, made by the approval authority.

Addition. An extension or increase in floor area or height of an existing building or structure.

Adverse Impact . A condition that creates, imposes, aggravates or leads to inadequate, impractical, unsafe, unsightly or unhealthy conditions.

Agricultural Labor Housing . Living accommodations for employees and their immediate families employed for the exclusive purpose of agricultural pursuits either on the premises or off site. It includes single or multi-unit dwellings, including mobile homes and dormitories.

Agricultural Operations, Commercial. Use of land for the propagation, care, maintenance, production of food and fiber, including the growing of crops and/or the grazing of animals on natural or improved pastureland for the purpose of sale of goods and/or crops for profit. Agriculture uses include agricultural labor housing (see Agricultural Labor Housing).

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Agricultural Operations, Noncommercial . Use of land for the propagation, care, maintenance, production of food and fiber, including the growing of crops and/or the grazing of animals on natural or improved pastureland for personal use. Agriculture uses include agricultural labor housing (see Agricultural Labor Housing).

Aisle. The traveled way by which cars enter and depart parking spaces.

Alcoholic Beverage Sales. An activity or business engaged primarily in the sale of alcoholic beverages for on-site or off-site consumption.

Alley. A service roadway providing a secondary means of public access to abutting property and not intended for general traffic circulation.

Alteration. Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders and all interior partitions; any change in doors, windows or means of ingress or egress; any enlargement or diminution of a building or structure, whether horizontally or vertically; or the moving of a building or structure from one location to another.

Amenity. Aesthetics or other characteristics of a development that increase its desirability to the community, such as swimming pools, tennis courts, security systems, views, landscaping or enhanced open space.

Amusement Park . Facilities or uses that provide participant recreation indoors or outdoors.

Amusements parks may include a variety of recreational uses, including but not limited to go carts, amusement arcades, miniature golf courses, batting cages and other similar uses.

Annexation. The incorporation of a land area into an existing city or district resulting in a change in the boundaries of the city or district.

Apartment. A building, or group of buildings, in which all dwelling units in the building are owned by a single party and rented out to individual tenants.

Appeal. A request for a review of a decision or action taken on a proposed permit application or other land use matter by the approving authority.

Appeal Authority. The agency, board, group or legally designated individual empowered to review and deny, uphold, or refer back to the approval authority , an appeal of an action taken by an approval authority.

Applicant. The owner(s) or lessee(s) of property, or their authorized agent(s), or person(s) who have contracted to purchase property contingent upon their ability to obtain the required entitlements, and who requests in writing, on the appropriate forms, the approval of a permit, license, certificate or other entitlement from the City.

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