Menifee City Council
February 7, 2024

posting, notice to property owners within 300 feet of the Project boundaries, and to persons requesting public notice; and
WHEREAS, Conditions of Approval have been prepared and attached hereto as “Exhibit A” of the Resolution.

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

Section 1: The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, any applicable specific plan, and the Menifee Municipal Code (MMC).

The General Plan land use designation of the site is SP 301; however, the proposed subdivision is being concurrently processed with a SPA to remove the Project site from the SP 301 and Specific Plan application to include the Project site within a new Specific Plan (MVSP). In addition, the Project is being processed concurrently with a GPA to change the General Plan land use map to include the MVSP land use designation and remove the portion of SP 301 proposed to be removed under SPA No. PLN 21- 0221.

The intent of the Specific Plan General Plan land use designation is to recognize areas where a Specific plan is in place and to provide policies, standards and criteria for the development or redevelopment of these areas. The MVSP provides the policies, standards and criteria for development of the area.

The proposed MVSP is consistent with the General Plan. The Specific Plan provides land uses, development standards and design guidelines that implement the goals and policies of the General Plan. Roadways, trails, bike lanes, and enhanced landscape corridors have been incorporated into the Specific Plan consistent with the General Plan.

The TTM proposes a large-lot subdivision map for conveyance purposes and would establish lots conforming to the Planning Area boundaries as proposed by the MVSP. The TTM also include mass grading of the Project site consistent with the MVSP.

A majority of backbone roadway dedications would occur as part of the large-lot subdivision. The proposed TTM would establish a subdivision of 11 lots proposed for 577.8 acres of residential, school, recreation, conservation, public facility civic node, business park, and commercial uses and internal public roadways. The proposed land uses and roadways shown on the tentative map are consistent with the Specific Plan land uses and circulation element.

The areas surrounding the Project site consist of a mix of land uses, including industrial, residential, and public/quasi-public facilities. The area is dominated by Southern California Edison’s (SCE) Valley Power Station, one of the largest in the SCE portfolio and the SCE service station, which is Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 512

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a facilities and operations maintenance facility. The Project site is bounded on the north by State Route 74 (SR-74) and the west by Menifee Road, both identified in the City’s General Plan as designated truck routes.

Directly south are the Riverside County Transportation Commission (RCTC) rail corridor, SCE transmission facilities, and Matthews Road (a dirt road designated only as a paper street). Directly to the east is Briggs Road.

Nearby single-family residential uses include the Heritage Lake residential community to the south on the opposite side of the BNSFRR and other residential subdivisions under the jurisdictional authority of unincorporated Riverside County to the east. Vacant land planned for commercial and industrial uses is located to the north across SR-74. At the southeastern corner of the SR-74/Briggs Road intersection is Heritage High School, with the high school property directly abutting the Project site boundary on the high school site’s west and south sides.

Business park and commercial planning areas are adjacent to Menifee Road and State Route 74 or internal to the site, away from existing residential uses and buffered from the residence to the south via berming and landscape buffering. The Project is compatible with surrounding land uses.

In addition, the TTM is consistent with the following City of Menifee General Plan policies:
•Policy LU-1.1: Concentrate growth in strategic locations to help preserve rural areas, create place and identity, provide infrastructure efficiently, and foster the use of transit options.

The TTM creates parcels that are consistent with the Specific Plan Planning Areas. The Specific Plan places appropriate uses within an area designated Specific Plan per the General Plan. Growth has been concentrated in this strategic location to help preserve rural areas.

Through the land use plan, development standards, and the design guidelines, the Specific Plan will create a unique place and develop its own identity. The Land Use Plan, Circulation Plan, Grading Plan, and Phasing Plan of the Specific Plan will ensure that that development will provide infrastructure efficiently. A combination of pathways, paseos, walkways, or similar pedestrian accesses are provided that connect the individual Planning Areas in the Specific Plan to commercial areas and recreation areas.

The TTM implements and is consistent with Land Use Plan, Circulation Plan, Grading Plan, and Phasing Plan of the Specific Plan. •Policy LU-1.5: Support development and land use patterns, where appropriate, that reduce reliance on the automobile and capitalize on multimodal transportation opportunities.

The TTM is consistent with the Specific Plan which provides pedestrian connections, trails, and bike lanes to facilitate multimodal Item Title: 11.1
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transportation. The Project was designed to promote walkability. In addition, a pedestrian connection was added from the residential portion to the future potential transit stop at the southwest corner of the Project site adjacent to the existing rail lines. In addition, the Project site provides paths of travel to encourage walking of future residents to the future commercial uses and the existing sports park within the Heritage Lake community to the south across the BNSFRR rail lines.
•LU-1.7 Ensure neighborhood amenities and public facilities (natural open space areas, parks, libraries, schools, trails, etc.) are distributed equitably throughout the City.

The proposed Project provides planning areas which allow for and anticipate these types of amenities and public facilities, such as a K-5 school, green spaces, recreational amenities, and agri-commerical uses such as a community farm. The parks and paseos are distributed strategically through the Project area so that recreational amenities are nearby residents.
•LU-2.1 Promote infill development that complements existing neighborhoods and surrounding areas. Infill development and future growth in Menifee is strongly encouraged to locate within EDC areas to preserve the rural character of rural, estate, and small estate residential uses.

The proposed project is located within an urbanized area, surrounded by SR-74, Menifee Road, RCTC rail lines, and Briggs Road. The areas surrounding the Project site consist of a mix of land uses, including industrial, residential, commercial and public/quasi-public facilities. The proposed Project will promote infill development and complements these existing and proposed adjacent land uses. •Policy C-1.1 Require roadways to: Comply with federal, state and local design and safety standards.

The TTM proposes improvements for roadways, including but not limited to, Menifee Road, Briggs Road, McCall Boulevard, SR-74, McLaughlin Road and Matthews Road/Case Road, which are
consistent with the City’s General Plan and the City’s Public Works and Engineering Department Standard Details.
•Policy C-2.2 Provide off-street multipurpose trails and on-street bike lanes as our primary paths of citywide travel and explore the shared use of low speed roadways for connectivity wherever it is safe to do so.

The Project provides bike lanes and trails consistent with the General Plan.

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Menifee Valley Specific Plan
Item Page Number: 514

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•OSC-1.2: Require a minimum of five acres of public open space to be provided for every 1,000 City residents.

MMC requires 5 acres of parkland for every 1,000 residents. The overall Specific Plan proposes 1,718 dwelling units with an estimate of 5,220 residents 1 (using 3.12 person per single-family residential household and 2.48 persons per multi-family household) 2. Based on the proposed residents, 26.1 acres of parkland would be required.

The proposed Specific Plan proposes 29.8 acres of public parkland (Planning Areas 7A, 8A, and 8B) on the project site.

Consistency with Housing Element. The TTM is a subdivision for conveyance purposes and includes no building permits, including those for residential construction which are to be issued without further entitlement approvals. The TTM subdivides the Project area into lots that conform to the Planning Areas of the MVSP. Consistency of the MVSP with the Housing Element is a finding included in the resolution adopting the Specific Plan.

Section 2:The Tentative Map does not propose to divide land which is subject to a contract entered into pursuant to the California Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will be of an adequate size to sustain their agricultural use:

The Tentative Map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965.

Section 3:The site is physically suitable for the type of development and the proposed land use of the development.

The proposed Project includes the proposal for a TTM; the subject site is relatively flat and does not contain steep slopes or other features that would be incompatible with the proposed development except for Granite Hill located within Planning Area 7B of the Specific Plan, which the Project proposes to avoid. The surrounding area is also relatively flat. The Project site has a natural drainage pattern which flows east to west, as elevation slightly decreases from east to west. The Project proposes to preserve the 1 87.2 percent of residential development is single-family; 12.8 percent of residential development is multi-family (per the MVSP)

87.2% * 1,718 =1,498 single-family units; 12.8% * 1,718 = 220 multi-family units

3.12 persons per unit * 1,498 units = 4,674 persons (single-family households); 2.48 persons per unit * 220 units = 546 persons (multi-family households)
4,674 + 546 = 5,220 persons
2 United States Census Bureau. 2019. 2015-2019 5-Year Estimates. Table DP02. https://data.census.gov/cedsci/table?q=persons%20per%20household&t=Family%20Size%20and%20T ype%3AHousehold%20and%20Family&g=1600000US0646842&tid=ACSDP1Y2019.DP02&moe=false.

Accessed March 2, 2022.

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existing drainage pattern. Therefore, the site is physically suitable for the type of development and the proposed land use of the site.

The Project has been reviewed by various Departments to ensure compliance with applicable regulations, including, but not limited to City of Menifee Community Development Department, Engineering Department, Police Department, and Office of the Fire Marshal. These Departments have provided conditions of approval as appropriate to ensure compliance with applicable regulations.

Section 4:The design of the subdivision and the proposed improvements, with conditions of approval, are either:

1.Not likely to cause significant environmental damage or substantially and avoidable injure fish or wildlife or their habitat; or

2.Subject to an environmental impact report under which a finding has been made pursuant to Public Resources Code Section 21081(a)(3) that specific economic, social, or other considerations make infeasible mitigation measures or project alternatives identified in the environmental impact report.

Pursuant to the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared for the Project. In the EIR, it was found that with implementation of mitigation measures, the proposed project would not result in any significant impacts related to biological resources such as plant and animal species or their habitat. A Mitigation Monitoring and Reporting Plan (MMRP) was prepared and identifies all mitigation measures that will be required for the project.

Biological reports were conducted to determine sensitive plant and animal species onsite and applicable mitigation measures were included in the EIR for their protection. The EIR also includes additional reports to determine consistency with the Western Riverside County Multiple Species Habitat Conservation Plan (WR-MSHCP) and to analyze impacts to riparian/riverine areas, vernal pools, narrow endemic plant species, burrowing owl, and fairy shrimp. Review and mitigation coordination occurred with the applicable state and federal wildlife agencies.

The WR-MSHCP does not identify any covered or special-status fish species as potentially occurring on the Project site. Further, no fish or hydrogeomorphic features (e.g., perennial creeks, ponds, lakes, reservoirs) that would provide suitable habitat for fish were observed on or within the vicinity of the Project site. Therefore, no fish are expected to occur and are presumed absent from the Project site.

In addition, the EIR discusses amphibians, reptiles, birds, mammals, and invertebrates. Any significant impacts associated with biological resources have been mitigated to a less than significant level. In addition, standard conditions of approval pertaining to burrowing owl, nesting birds, and Stephen’s kangaroo rat and WR-MSHCP fees still apply in this case and shall be addressed as part of standard condition of approval compliance Item Title: 11.1
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process. As such, the subdivision will not cause environmental damage or injure fish, wildlife, or their habitat.

The MVSP EIR (State Clearinghouse No. 2022030233) has been completed for the Project and certified by the City Council pursuant to a separate Resolution. The TTM at issue is consistent with the EIR, which the City Council has considered as part of its proceedings. The EIR includes a finding made pursuant to California Public Resources Code Section 21081 (a)(3) that specific economic, social, or other considerations make infeasible mitigation measures or Project alternatives identified in the EIR.

Section 5:The design of the subdivision and the type of improvements are not likely to cause serious public health problems.

The proposed subdivision will include mass grading of the project site. The Project has been reviewed and conditioned by the City of Menifee Community Development Department, Engineering Department, Police Department, and Office of the Fire Marshal to ensure that it will not create conditions materially detrimental to the surrounding uses. In addition, environmental impacts resulting from the implementation of the Project and associated subdivision and mass grading have been analyzed in the MVSP EIR.

The EIR determined potential impacts would be less than significant with the necessary mitigation incorporated, except for significant and unavoidable impacts related to air quality, greenhouse gas emissions, land use and planning, and transportation. A Statement of Overriding Considerations (SOOC) is included for the EIR stating that the impacts of the project are acceptable and outweighed by the benefits of the project.

With the exception of these environmental categories, the proposed entitlements are not anticipated to create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the Project vicinity.

Section 6:The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible.

This TTM would create eleven separate parcels for construction of the uses allowed under the MVSP (Specific Plan No. PLN 21-0217). The Project will be designed with passive or natural heating opportunities such as solar amenities. Energy efficiency/energy conservation attributes of the Project would be complemented by increasingly stringent state and federal regulatory actions addressing enhanced building/utilities energy efficiencies mandated under California Building Codes (e.g., California Code of Regulations Title 24, including requirements for energy efficiency, thermal insulation, and solar panels and California Green Building Standards Code). Compliance itself with applicable Title 24 standards would ensure that the Project energy demands would not be inefficient, wasteful, or otherwise unnecessary.

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Menifee Valley Specific Plan
Item Page Number: 517

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Section 7:The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided.

The subdivision makes provisions for all existing and future easements for all utilities and public use purposes to avoid any conflict.

Section 8:The subdivision is consistent with the City’s parkland dedication requirements (per the Quimby Act), as applicable, in accordance with Chapter 7.75 (Parkland Dedication and Fees)
The TTM is an implementing map of SP No. PLN 21-0217. MMC requires 5 acres of parkland for every 1,000 residents. The overall Specific Plan proposes 1,718 dwelling units with an estimate of 5,220 residents (using

3.12 person per single-family residential household and 2.48 persons per multi-family household). Based on the proposed residents, 26.1 acres of parkland would be required. The proposed Specific Plan proposes 29.8 acres of public parkland (Planning Areas 7A, 8A, and 8B) on the project site.

The Specific Plan, therefore, exceeds the parkland requirement by 3.7 acres. The proposed map accommodates the parkland within its boundaries as required by the Specific Plan. The TTM has been conditioned to dedicate the parks as required by the Specific Plan.

Therefore, the proposed Project is consistent with the Quimby Act.

Section 9: CEQA Compliance. The MVSP EIR (SCH# 2022030233) has been completed for the Project and certified by the City Council pursuant to a separate Resolution. The TTM at issue is consistent with the EIR, which the City Council has considered as part of its proceedings. The EIR includes a finding made pursuant to Cal.

Pub. Res. Code Section 21081 (a)(3) that specific economic, social, or other considerations make infeasible mitigation measures or Project alternatives identified in the EIR.

Section 10: Approval of the Tentative Tract Map. The City Council finds that the facts present within the public record and within this Resolution provide the basis to approve TTM No. PLN 22-0033 subject to the Conditions of Approval as set forth in the attached “Exhibit A” and as shown on the attached TTM exhibits (Exhibit “B”) (provided in this Resolution.

Section 11: The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Community Development Department – Planning Division, 29844 Haun Road, Menifee, CA 92586. This information is provided in compliance with Public Resources Code Section 21081.6.

PASSED, APPROVED AND ADOPTED this 7th day of February 2024.

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_________________________
Bill Zimmerman, Mayor
Attest:
_________________________________
Sarah Manwaring, City Clerk
Approved as to form:
_________________________________
Jeffrey T. Melching, City Attorney
Item Title: 11.1
Menifee Valley Specific Plan
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CONDITIONS OF APPROVAL
Planning Application No.: Tentative Tract Map No. PLN 22-0033 (TTM 38303) Project Description: Tentative Tract Map No. PLN 22-0033 (TTM 38303) includes a subdivision to establish the boundaries and dimension of streets and the proposed mass grading for the MVSP. Following map recordation, the final map would become the legal document that identifies the lots and backbone infrastructure to allow for future subdivision maps to be filed.

The Project is generally located within the Menifee Valley Ranch Specific Plan No. 301 (SP 301) in the northeastern portion of the City of Menifee in Riverside County, California. The Project site is generally bounded on the north by State Route 74 (SR-74) and the west by Menifee Road, both identified in the City’s General Plan as designated truck routes. Directly south are the Burlington Northern Santa Fe railroad tracks (BNSFRR), SCE transmission facilities, and Matthews Road (a dirt road designated only as a paper street).

Directly to the east is Briggs Road.

State Clearinghouse No.: 2022030233
Assessor's Parcel No.:331-260-005 through -009, 331-270-005, 331-280-005, 331-290- 004, 331-300-002, -004, -005, -007, and -013, 333-170-006 and - 011 through -013
MSHCP Category:Backbone/Community-Serving Roads only (Conveyance purposes and mass grading only and no uses proposed; MSHCP fees due on Backbone/Community-Serving Roads)
DIF Category:N/A
TUMF Category:N/A
Quimby Category:N/A
Approval Date:February 7, 2024 (City Council Hearing)
Expiration Date: Per the Development Agreement
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Within 48 Hours of the Approval of This Project

1.Indemnification. Within 48 hours of project approval, the Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either the City’s approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicant/developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved.

2.Filing Notice of Determination or Exemption. Within 48 hours of project approval, the Planning Division will determine the appropriate fees for the Notice of Determination (NOD) filing and request the payment of fees to the City of Menifee in the form of a check or cash. Upon receipt of payment, the Planning Division will file the NOD or NOE with the relevant agencies as required under Public Resources Code, California Code of Regulations and California Fish and Game Code.

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Section I: Community Development Conditions of Approval Section II: Engineering Department Conditions of Approval Section III: Building and Safety Department Conditions of Approval
Section IV: Office of the Fire Marshal Conditions of Approval Section V: Outside Agency Letters
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Section I:

Community Development
Department – Planning Division
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GENERAL CONDITIONS

3.Riverside County Department of Environmental Health. The project shall comply with the attached Riverside County Department of Environmental Health letter dated March 4, 2022.

4.Riverside County Airport Land Use Commission. The project shall comply with the attached Riverside County Airport Land Use Commission letter dated November 16, 2022.

5.Exhibits. The project shall be constructed as approved by the City Council on February 7, 2024, and as shown in Attachment No. 2 in the accompanying staff report. Any subsequent changes shall be processed per Menifee Municipal Code Section 7.20.140 Modifications to Previously Approved Maps.

6.Definitions. The words identified in the following list that appear in the attached conditions of approval for Tentative Tract Map No. PLN 22-0033 shall be henceforth defined as follows:
•Final Map = Final Map for the Tentative Map whether recorded in whole or in phases.
•Specific Plan = Adopted Menifee Valley Specific Plan No. PLN 21-0217 •EIR = Environmental Impact Report State Clearinghouse Number 2022030233 •MMRP = Mitigation Monitoring Program for Menifee Valley Specific Plan EIR •Development Agreement = Development Agreement by and between the City of Menifee and Minor Ranch, LLC regarding the Menifee Valley Specific Plan dated December 2023 and as subsequently amended

7.Mitigation Monitoring. The applicant shall comply with, prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this tract map which must be satisfied prior to the issuance of a grading permit for review and approval. The Community Development Director may require inspection or other monitoring to ensure such compliance.

8.Specific Plan. The Project site is located within a Specific Plan. The City and Applicant acknowledge and agree that development, including, but not limited to, the overall density and intensity, allowed uses, design guidelines, including entry monumentation and landscaping, building standards and setbacks of the parcels within the Project site shall comply with the Specific Plan. To the extent any of these conditions are in conflict with the Specific Plan, the Specific Plan shall supersede the Conditions of Approval contained herein. The required infrastructure shall also comply with the Specific Plan.

9.Development Agreement. The Project is subject to the Development Agreement, which applies to the area described in the legal description in the Development Agreement. The Tentative Map shall comply with the requirements within the Development Agreement. To the extent any of these conditions are in conflict with the Development Agreement, the Development Agreement shall supersede the Conditions of Approval contained herein.

10.No Building Permits. No building permits shall be issued pursuant to this subdivision.

Subsequent entitlements, which may include subdivisions, plot plans, and/or conditional Item Title: 11.1
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use permits, are required for development of the parcels pursuant to the Development Agreement, Specific Plan, and EIR/MMRP.

11.Ninety (90) Days. The applicant has ninety (90) days from the date of approval of these conditions to protest the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project per Government Code Section 66020.

12.Subsequent Submittals. Any subsequent submittals required by these Conditions of Approval, including but not limited to grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Resolution No. 22- 1229 (Cost of Services Fee Study), or any successor thereto. Each submittal shall be accompanied by a letter clearly indicating which condition or conditions the submittal is intended to comply with.

13.Expiration Date. This conditionally approved Tentative Map shall become null and void three (3) years after the City of Menifee City Council original approval date, unless extended as provided by the Development Agreement, Subdivision Map Act, or Title 7 of the City of Menifee Municipal Code.

14.Modifications or Revisions. The applicant shall obtain City approval for any modifications or revisions to the approval of this project.

15.Comply with Ordinances. This project shall comply with the standards of the City of Menifee Development Code, City of Menifee Municipal Code, City of Menifee Design Guidelines and all other applicable ordinances and State and Federal codes and regulations.

16.Map Act Compliance. This land division shall comply with the State of California Subdivision Map Act and to all requirements of Title 7 of the City of Menifee Municipal Code, unless modified by the conditions listed herein.

17.No Offsite Subdivision Signage. No offsite subdivision signs advertising this land division/development are permitted, other than those allowed under the Menifee Municipal Code. Violation of this condition of approval may result in no further permits of any type being issued for this subdivision until the unpermitted signage is removed.

18.Development Impact Fees. The applicant shall pay all applicable development impact fees including but not limited to Development Impact, Multi-Species Habitat Conservation Plan (MSHCP), Quimby, Stephen’s Kangaroo Rat (KRAT), School Fees, Transportation Uniform Mitigation Fee (TUMF), Road and Bridge Benefit District (RBBD), and Area Drainage Plan (ADP).

19.Phases. Phasing of project construction shall be consistent with the phasing proposed in the Specific Plan, unless modified by the Development Agreement.

20.Property Maintenance. All parkways, entryway medians, on-site and off-site landscaping, walls, fencing, recreational facilities, basins, and on-site lighting shall be maintained by the owner or private entity or the City of Menifee Community Facilities District (CFD).

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All landscaping and similar improvements not properly maintained by a property owners association, individual property owners, or the common area maintenance director must be annexed into a Lighting and Landscape District, or other mechanism as determined by the City of Menifee.

The land divider, or any successor-in-interest to the land divider, shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems within the land division until such time as those operations are the responsibility of a property owner’s association, or any other successor-in-interest.

The owners of each individual lot shall be responsible for maintaining all landscaping between the curb of the street and the proposed sidewalk and side yard landscaping between the curb of the street and proposed fencing, unless the landscaping is included within a separate common lot maintained by an HOA or other entity acceptable to the City of Menifee.

21.Outside Agencies. The applicant shall comply with all comments and conditions of approval from any responsible agencies as shown in the attached letters from associated agencies.

ARCHEOLOGY

22.Human Remains. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within the period specified by law (24 hours). Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98.

23.Non-Disclosure of Location Reburials. It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254(r), parties and Lead Agencies will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r).

24.Inadvertent Archaeological Find. If during ground-disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the Item Title: 11.1
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area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s).

All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s), and the Community Development Director to discuss the significance of the find.

At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources.

Grading or further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. Work shall be allowed to continue outside of the buffer area and will be monitored by additional Tribal monitors if needed.

Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Management Plan (CRMP) and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in-place preservation of cultural resources located in native soils and/or reburial on the Project property so they are not subject to further disturbance in perpetuity as identified in Non-Disclosure of Reburial Condition.

If the find is determined to be significant and avoidance of the site has not been achieved, a Phase III data recovery plan shall be prepared by the Project archeologist, in consultation with the Tribe, and shall be submitted to the City for review and approval prior to implementation of the said plan.

Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Community Development Director for decision. The City Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, recommendations of the Project archaeologist, and shall take into account the cultural and religious principles and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the City Community Development Director shall be appealable to the City Planning Commission and/or City Council.

25.Cultural Resources Disposition. In the event that Native American cultural resources are discovered during the course of ground-disturbing activities (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries:
•One or more of the following treatments, in order of preference, shall be employed with the Tribes. Evidence of such shall be provided to the City of Menifee Community Development Department:

Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 527

Menifee Mayor and City Council
February 7, 2024
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○Preservation-in-Place of the Cultural Resources, If Feasible. Preservation in place means avoiding the resources, leaving them in the place where they were found with no development affecting the integrity of the resources. ○Reburial of the Resources on the Project Property. The measures for reburial shall include, at least, the following: Measures and provisions to protect the future reburial area from any future impacts in perpetuity. Reburial shall not occur until all legally required cataloging and basic recordation have been completed, with an exception that sacred items, burial goods, and Native American human remains are excluded. Any reburial process shall be culturally appropriate. Listing of contents and location of the reburial shall be included in the confidential Phase IV Report. The Phase IV Report shall be filed with the City under a confidential cover and will not be subject to Public Records Requests.
○If preservation in place or reburial is not feasible then the resources shall be curated in a culturally appropriate manner at a Riverside County curation facility that meets State Resources Department Office of Historic Preservation Guidelines for the Curation of Archaeological Resources, thereby ensuring access and use pursuant to the Guidelines. The collection and associated records shall be transferred, including title, and are to be accompanied by payment of the fees necessary for permanent curation. Evidence of curation in the form of a letter from the curation facility stating that subject archaeological materials have been received and that all fees have been paid, shall be provided by the landowner to the City. There shall be no destructive or invasive testing on sacred items, items of Native American Cultural Patrimony, burial goods, and Native American human remains. Results concerning finds of any inadvertent discoveries shall be included in the Phase IV monitoring report.

PALEONTOLOGY

26.Inadvertent Paleontological Find. In the event that fossils or fossil-bearing deposits are discovered during construction, excavations within fifty (50) feet of the find shall be temporarily halted or diverted. The contractor shall notify a qualified paleontologist to examine the discovery. The paleontologist shall document the discovery as needed in accordance with Society of Vertebrate Paleontology standards, evaluate the potential resource, and assess the significance of the find under the criteria set forth in CEQA Guidelines Section 15064.5. The paleontologist shall notify the Planning Division to determine procedures that would be followed before construction is allowed to resume at the location of the find. If in consultation with the paleontologist, the Project proponent determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the Project on the qualities that make the resource important. The plan shall be submitted to the Planning Division for review and approval and the Project proponent shall implement the approval plan.

PRIOR TO FINAL MAP

27.Development Impact Fees. The applicant shall pay all applicable development impact fees including but not limited to Development Impact Fee (DIF), Multi-Species Habitat Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 528

Menifee Mayor and City Council
February 7, 2024
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Conservation Plan (MSHCP), Quimby (Parks and Rec), Stephen’s Kangaroo Rat (KRAT), School Fees (Perris Union High School District and Romoland School District), Transportation Uniform Mitigation Fee (TUMF), Road and Bridge Benefit District (RBBD), and Area Drainage Plan (ADP).

28.Final Map Required. After the approval of the TENTATIVE MAP and prior to the expiration of said map, the land divider shall cause the real property included within the TENTATIVE MAP, or any part thereof, to be surveyed and a FINAL MAP thereof prepared in accordance with the current Engineering Department - Survey Division requirements, the conditionally approved TENTATIVE MAP, and in accordance with City of Menifee Municipal Code.

29.ECS. The land divider shall prepare an Environmental Constraints Sheet (ECS) in accordance with Menifee Municipal Code, which shall be submitted as part of the plan check review of the FINAL MAP. A note shall be placed on the FINAL MAP “Environmental Constraint Sheet affecting this map is on file at the City of Menifee Public Works and Engineering Department, in E.C.S Book ___, Page ___.

30.ECS Note Map Constraint. The following environmental constraints note shall be placed on the ECS:
"No permits allowing any grading, construction, or surface alterations shall be issued which effect the delineated constraint areas of Granite Hill (i.e., Planning Area 7B as shown on Figure 2-1 of the Menifee Valley Specific Plan, dated September 2023) without further investigation and/or mitigation as directed by the City of Menifee Planning Division. This constraint affects lots as shown on the Environmental Constraints Sheet.”

31.ECS Note on Dark Sky Lighting. The following environmental constraints note shall be placed on the ECS:
"This property is subject to lighting restrictions as required by Menifee Municipal Code Chapter 6 (Ordinance No. 2009-024), which are intended to reduce the effects of night lighting on the Mount Palomar Observatory. All proposed outdoor lighting systems shall be in conformance with Menifee Municipal Code Chapter 6.”

32.ECS Note on MMRP. The following Environmental Constraints Note shall be placed on the ECS:
“The property is subject to the Mitigation Monitoring and Reporting Plan adopted as part of the Menifee Valley Specific Plan Environmental Impact Report (EIR) for the Project on file with the Community Development Department (State Clearinghouse No. 2022030233).”

PRIOR TO ISSUANCE OF GRADING PERMIT

33.Development Impact Fees. The applicant shall pay all applicable development impact fees including but not limited to Development Impact Fee (DIF), Multi-Species Habitat Conservation Plan (MSHCP), Quimby (Parks and Rec), Stephen’s Kangaroo Rat (KRAT), School Fees (Perris Union High School District and Romoland School District), Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 529

Menifee Mayor and City Council
February 7, 2024
Page
915 of 1677

Transportation Uniform Mitigation Fee (TUMF), Road and Bridge Benefit District (RBBD), and Area Drainage Plan (ADP).

34.Mitigation Monitoring. The applicant shall prepare and submit a written report to the Community Development Director or review and approval demonstrating compliance with the standard conditions of approval and mitigation measures identified in the EIR MMRP for this project which must be satisfied prior to issuance of grading permits. The Community Development Director may require inspection or other monitoring to ensure such compliance.

35.Archaeologist Retained. Prior to issuance of a grading permit the Project applicant shall retain a Riverside County qualified archaeologist to monitor all ground-disturbing activities in an effort to identify any unknown archaeological resources.

The Project Archaeologist and the Tribal monitor(s) shall manage and oversee monitoring for all initial ground-disturbing activities and excavation of each portion of the Project site including clearing, grubbing, tree removals, mass or rough grading, trenching, stockpiling of materials, rock crushing, structure demolition, etc. The Project Archaeologist and the Tribal monitor(s), shall have the authority to temporarily divert, redirect, or halt the ground- disturbance activities to allow identification, evaluation, and potential recovery of cultural resources in coordination with any required special-interest or tribal monitors.

The developer/permit holder shall submit a fully executed copy of the contract to the Community Development Department to ensure compliance with this condition of approval. Upon verification, the Community Development Department shall clear this condition.

In addition, the Project Archaeologist, in consultation with the Consulting Tribe(s), the contractor, and the City, shall develop a Cultural Resources Management Plan (CRMP) in consultation pursuant to the definition in AB 52 to address the details, timing and responsibility of all archaeological and cultural activities that will occur on the Project site.

A consulting tribe is defined as a tribe that initiated the AB 52 tribal consultation process for the Project, has not opted out of the AB 52 consultation process, and has completed AB 52 consultation with the City as provided for in Cal Pub Res Code Section 21080.3.2(b)(1) of AB 52. Details in the Plan shall include:
•Project grading and development scheduling.
•The Project archaeologist and the Consulting Tribes(s) shall attend the pre-grading meeting with the City, the construction manager, and any contractors, and will conduct a mandatory Cultural Resources Worker Sensitivity Training to those in attendance. The Training will include a brief review of the cultural sensitivity of the Project and the surrounding area; what resources could potentially be identified during earthmoving activities; the requirements of the monitoring program; the protocols that apply in the event inadvertent discoveries of cultural resources are identified, including who to contact and appropriate avoidance measures until the find(s) can be properly evaluated; and any other appropriate protocols. All new construction personnel that will conduct earthwork or grading activities that begin work on the Project following the initial Training must take the Cultural Sensitivity Training prior to beginning work, and the Project archaeologist and Consulting Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 530

Menifee Mayor and City Council
February 7, 2024
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Tribe(s) shall make themselves available to provide the training on an as-needed basis.
•The protocols and stipulations that the contractor, City, Consulting Tribe(s), and Project archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation.

ARCHEOLOGY

36.Native American Monitoring (Pechanga Band of Indians). Tribal monitor(s) shall be required on site during all ground-disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Pechanga Band of Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above- named Tribe and the land divider/permit holder for the monitoring of the Project to the Community Development Department and to the Engineering Department. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground-disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist.

37.Native American Monitoring (Soboba Band of Luiseño Indians). Tribal monitor(s) shall be required on site during all ground-disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Soboba Band of Luiseño Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above-named Tribe and the land divider/permit holder for the monitoring of the Project to the Community Development Department and to the Engineering Department. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground-disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist.

38.Pre-Grading Meeting (Archaeologist). The qualified archaeologist shall attend the pre- grading meeting with the contractors to explain and coordinate the requirements of the monitoring program, including a cultural sensitivity training component.

PALEONTOLOGY

39.Pre-Grading Meeting (Paleontologist). Prior to the start of construction, all field personnel shall be briefed regarding the types of fossils that could be found in the Project area and the procedures to follow should paleontological resources be encountered. This training shall be accomplished at the pre-grade kickoff meeting or morning tailboard meeting and shall be conducted by the Project Paleontologist or his/her representative.

Specifically, the training shall provide a description of the fossil resources that may be encountered in the Project area, outline steps to follow in the event that a fossil discovery is made and provide contact information for the Project Paleontologist and on-site monitor(s). The training shall be developed by the Project Paleontologist and may be conducted concurrently with other environmental training (cultural and natural resources awareness training, safety training, etc.).

Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 531

Menifee Mayor and City Council
February 7, 2024
Page
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40.Paleontologist Required. Prior to the commencement of ground-disturbing activities, a qualified professional paleontologist shall be retained to prepare and implement a Paleontological Resource Impact Mitigation Program (PRIMP) for the Project. Initially, full- time monitoring is recommended for grading and excavation activities 4 feet below ground surface that will disturb previously undisturbed Quaternary older alluvium (Qof) and very old fan deposits (Qvof). Due to soil development and previous agricultural disturbances, monitoring shall not be required in Project areas where construction activities disturb native sediments at depths less than 4 feet below ground surface. Spot-checking may occur in previously undisturbed young alluvial deposits (Qya) in order to determine if Project activities are impacting the underlying highly sensitive Pleistocene units.

Monitoring shall not be required in Project areas underlain by geologic units with no paleontological resource potential (i.e., the granodiorite to tonalite, Kdvg).

Monitoring shall entail the visual inspection of excavated or graded areas and trench sidewalls. In the event that a paleontological resource is discovered, the monitor shall have the authority to divert temporarily the construction equipment around the find until it is assessed for scientific significance and collected. In areas of high sensitivity, monitoring efforts can be reduced or eliminated at the discretion of the Project Paleontologist if no fossil resources are encountered after 50 percent of the excavations are completed.

BIOLOGICAL RESOURCES

41.Burrowing Owl Pre-Construction Survey. A qualified biologist shall conduct a pre- construction presence/absence survey for burrowing owls within 30 days prior to site disturbance. Proof of this pre-construction survey shall be provided for approval to the City of Menifee Community Development Department, prior to issuance of any grading permits.

If burrowing owls are documented on site, the owls shall be relocated/excluded from the site outside of the breeding season following accepted protocols, as specified in MSHCP Section 6.3.2.

42.Nesting Bird Pre-Construction Survey. Prior to issuance of any grading permits, the City of Menifee Community Development Department shall confirm that the construction plans indicate that vegetation, including suitable nesting habitat for birds, shall be removed outside the bird nesting season (nesting bird season is February 15 through August 31).

If vegetation cannot be removed outside the bird nesting season (February 15 through August 31), nesting bird surveys shall be conducted within 3 days prior to project ground disturbance or vegetation removal to ensure that nesting birds protected under the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code are not disturbed by construction-related activities (i.e., brush clearing and noise). If nesting birds are documented on or in the immediate vicinity (within approximately 300 feet) of the project site, no construction or clearing shall be conducted within an appropriate avoidance buffer surrounding the active nest(s), as determined by a qualified biologist, until the project biologist determines that the young have fledged or the nest is no longer active.

PRIOR TO COMPLETION OF GRADING
Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 532

Menifee Mayor and City Council
February 7, 2024
Page
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43.Paleontological Monitoring Report. Upon completion of fieldwork, all significant fossils collected shall be prepared in a properly equipped paleontology laboratory to a point ready for curation. Preparation shall include the careful removal of excess matrix from fossil materials and stabilizing and repairing specimens, as necessary. Following laboratory work, all fossil specimens shall be identified to the lowest taxonomic level, cataloged, analyzed, and delivered to the Western Science Center for permanent curation and storage. The cost of curation is assessed by the repository and is the responsibility of the Project owner.

At the conclusion of laboratory work and museum curation, a final report shall be prepared describing the results of the paleontological mitigation monitoring efforts associated with the Project. The report shall include a summary of the field and laboratory methods, an overview of the Project area geology and paleontology, a list of taxa recovered (if any), an analysis of fossils recovered (if any) and their scientific significance, and recommendations. If the monitoring efforts produced fossils, then a copy of the report shall also be submitted to the Western Science Center.

44.Archaeology Report – Phase III and IV. Upon completion of fieldwork, the developer/permit holder shall prompt the Project Archaeologist to submit two copies of the Phase III Data Recovery report (if required for the Project) and the Phase IV Cultural Resources Monitoring Report that complies with the Community Development Department’s requirements for such reports. The Phase IV report shall include evidence of the required cultural/historical sensitivity training for the construction staff held during the pre-grade meeting. The Community Development Department shall review the reports to determine adequate mitigation compliance. Provided the reports are adequate, the Community Development Department shall clear this condition. Once the report(s) are determined to be adequate, two copies shall be submitted to the Eastern Information Center (EIC) at the University of California Riverside (UCR) and one copy shall be submitted to the Consulting Tribe(s) Cultural Resources Department(s).

Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 533

Menifee Mayor and City Council
February 7, 2024
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Section Ii:

Engineering Department
Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 534

Menifee Mayor and City Council
February 7, 2024
Page
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GENERAL CONDITIONS

45. All required public improvements must be constructed and accepted by the City prior to issuance of the first and any subsequent certificate of occupancy, unless approved by City Engineer/Public Works Director.

46. Engineering Design exceptions to City design standards and policies must be specifically requested in writing and approved by City Engineer/PW Director. Any design exceptions shown on the tentative map and associated engineering documents that are not specifically requested are not approved.

47. The developer is responsible to furnish and install one 2” and one 3” conduit for traffic signal interconnect and broadband purposes, per City of Menifee Standard Detail 1005, along all circulation element roads and intersections.

48.Subdivision Map Act – The developer / property owner shall comply with the State of California Subdivision Map Act and all other laws, ordinances, and regulations pertaining to the subdivision of land.

49.Mylars – All improvement plans and grading plans shall be drawn on twenty-four (24) inch by thirty-six (36) inch Mylar and signed by a licensed civil engineer and/or other registered/licensed professional as authorized by State law.

50.Guarantee for Required Improvements. Prior to grading permit issuance, construction permit issuance, and/or Final Map recordation, financial security or bonds shall be provided to guarantee the construction of all required improvements associated with each phase of construction, per the City’s municipal code.

51. The Public Works Director may require the dedication and construction of necessary utilities, streets, or other improvements outside the area of any particular map phase if the improvements are needed for circulation, drainage, parking, and access or for the welfare and safety of the public.

52.Bond Replacement, Reduction, and Releases - All requests for bond replacements (such as in changes of property ownerships), reductions (such as in partial completion of improvements), releases (such as in completion of improvements), shall conform to City policies, standards, and applicable City ordinances. It shall be the responsibility of the developer / property owner to notify the City in time when any of these bond changes are necessary. The City shall review all changes in Bond Agreements and the accompanying bonds or security.

53.Existing and Proposed Easements - The final grading plan and improvement plans shall correctly show all existing easements, traveled ways, drainage courses, and encumbrances. Any omission or misrepresentation of these documents may require said plan to be resubmitted for further consideration.

54.Engineered Plans - All improvement plans, and grading plans shall be drawn on twenty- four (24) inches by thirty-six (36) inch Mylar and signed by a licensed civil engineer or other registered/licensed professional as required.

Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 535

Menifee Mayor and City Council
February 7, 2024
Page
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55.Plan Check Submittals – Appropriate plan check submittal forms shall be completed and submittal check list provided that includes required plan copies, necessary studies / reports, references, fees, deposits, etc. Prior to final approval of improvement plans by the Public Works / Engineering Department, the developer / property owner shall submit to the Public Works / Engineering Department CAD layers of all improvements to be maintained by the City (pavement, sidewalk, streetlights, etc.). A scanned image of all final approved grading and improvement plans on a Universal Serial Bus (USB) drive, also known as a “flash” drive or “thumb” drive, shall be submitted to the Public Works / Engineering Department, in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx and .dbf) or (c) Geodatabase (made up of ESRI extension .gdb). CAD files created with the latest version shall only be accepted if approved by the Public Works Director / City Engineer. GIS and ACAD files 2004 or later are required for all final maps upon approval.

56.Final Map Submittal Process – Appropriate final map plan check submittal forms shall be completed and appropriate fees or deposits paid. Prior to approval of the final map by the City Council, the developer / property owner shall provide along with the final map mylars, electronic files of the final map on Compact Disc (CD), in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx and .dbf) and (c) Geodatabase (made up of ESRI extension .gdb). CAD files created with the latest version shall only be accepted if approved by the Public Works Director / City Engineer.

57.Plan Approvals – Improvement plans and grading plans shall be submitted with necessary supporting documentation and technical studies (hydrology, hydraulics, traffic impact analysis, geotechnical studies, etc.) to the Public Works / Engineering Department for review and approval. All submittals shall be signed and date stamped by the Engineer of Record. The plans must receive Public Works / Engineering Department approval prior to issuance of any construction permit, grading permit, or building permits as applicable and as determined by the Public Works Director / City Engineer. All submittals shall include a completed City Fee or Deposit Based Worksheet and the appropriate plan check. For improvements proposed to be owned and maintained by the Riverside County Flood Control and Water Conservation District, improvement plans must receive district approval prior to Building permit issuance or as determined by the District.

All required improvement plans and grading plans must be approved by the Public Works Engineering Department prior to recordation of a final map for which the improvements are required, or prior to issuance of any construction and/or grading permit, whichever comes first and as determined by the PW Director. Supporting City approved studies including, but not limited to, hydrologic and hydraulic studies and traffic studies must be provided prior to approval of plans. All required CFD landscape plans must be approved prior to building permit issuance.

58.As-Built Plans – Upon completion of all required improvements, the developer/property owner shall cause the civil engineer of record to as-built all project plans, and submit project base line of work for all layers on a USB drive to the Public Works / Engineering Department, in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx and .dbf) or (c) Geodatabase (made up of ESRI extension .gdb). The timing for submitting the as-built plans shall be as determined by the Public Works Director / City Engineer.

Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 536

Menifee Mayor and City Council
February 7, 2024
Page
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59.Construction Times of Operation. The developer / property owner shall monitor, supervise, and control all construction and construction related activities to prevent them from causing a public nuisance including, but not limited to, strict adherence to the following:
a. Construction activities shall comply with City of Menifee ordinances relating to construction noise. Any construction within the City limits located 1/4 of a mile from an occupied residence shall be permitted Monday through Saturday, except on nationally recognized holidays, 7:00 a.m. to 7:00 p.m. in accordance with Municipal Code Section 8.01.020. There shall be no construction permitted on Sunday or nationally recognized holidays unless prior approval is obtained from the City Building Official or City Engineer. These hours of construction what shall be prominently posted on signage at the entrance of the project site.
b. Removal of spoils, debris, or other construction materials deposited on any public street no later than the end of each working day.
c. The construction site shall accommodate the parking of all motor vehicles used by persons working at or providing deliveries to the site. Violation of any condition or restriction or prohibition set forth in these conditions shall subject the owner, applicant to remedies as set forth in the City Municipal Code. In addition, the Public Works Director / City Engineer or the Building Official may suspend all construction related activities for violation of any condition, restriction or prohibition set forth in these conditions until such a time it has been determined that all operations and activities are in conformance with these conditions.
d. A Pre-Construction meeting is mandatory with the City’s Public Works Inspection team prior to permit issuance and the start of any construction activities for this site.

60.Dry Utility Installations - Electrical power, telephone, communication, traffic signal, street lighting, and cable television conduits and lines shall be placed underground in accordance with current City Ordinances 460 and 461, and as approved by the Public Works Director / City Engineer. This applies also to existing overhead lines which are 33.6 kilovolts or below along the project frontage and within the project boundaries. In cases where 33.6kV or below lines are collocated with high voltage lines (for example, 115kV), the low voltage lines shall be placed underground even when the high voltage lines are exempt from relocation or undergrounding in accordance with City standards and ordinances. Exemption from undergrounding low voltage lines shall only be by the Public Works Director / City Engineer or as directed by the City Council.

61. All grading activities shall conform to the latest adopted edition of the California Building Code, City Grading Ordinance, Chapter 8.26, applicable City design standards and specifications, City ordinances, policies, rules and regulations governing grading in the City.

62.Regulations and Ordinance on Grading Within the City – In addition to compliance with City Chapter 8.26, grading activities shall also conform to the latest edition of the California Building Code, City General Plan, other City Ordinances, City design standards and specifications and all other relevant laws, rules and regulations governing grading in the City of Menifee. Prior to commencing any grading, clearing, grubbing or any topsoil disturbances, the applicant shall obtain a grading permit from the Public Works / Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 537

Menifee Mayor and City Council
February 7, 2024
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Engineering Department. Grading activities that are exempt from a grading permit as outlined by the City ordinance may still require a grading permit by the Public Works Director / City Engineer when deemed necessary to prevent the potential for adverse impacts upon drainage, sensitive environmental features, or to protect property, health safety, and welfare.

63.Dust Control – All necessary measures to control dust shall be implemented by the developer during grading. Fugitive dust shall be controlled in accordance with Rule 403 of the California Air Quality Control Board.

64.2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved by the Public Works / Engineering Department.

65.Slope Setbacks – Observe slope setbacks from buildings and property lines per the California Building Code and City ordinance on grading.

66.Slope Landscaping and Irrigation – All disturbed slopes greater than or equal to 3 feet in vertical height shall be irrigated and landscaped with grass or ground cover. All manufactured slopes shall be irrigated and landscaped with grass or approved ground cover, and shall have some type of drainage swale at the toe of the slope to collect runoff.

Slopes exceeding 15 feet in vertical height shall be irrigated and planted with shrubs and/or trees per City Grading Ordinance Chapter 8.26. Drip irrigation shall be used for all irrigated slopes.

67.Slope Erosion Control Plan - Erosion control and/or landscape plans are required for manufactured slopes greater than 3 feet in vertical height. The plans shall be prepared and signed by a licensed landscape architect and bonded per applicable City ordinances.

68.Slope Stability Report – A slope stability report shall be submitted to the Public Works / Engineering Department for all proposed cut and fill slopes steeper than 2:1 (horizontal:vertical) or over 20 feet in vertical height, unless addressed in a previously city approved report.

69.Erosion Control Plans – All grading plans shall require erosion control plans prior to approval. Temporary erosion control measures shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing erosion control measures may be included as part of the grading plans or submitted as a separate set of plans for city review and approval.

Graded but undeveloped land shall provide, in addition to erosion control planting, any drainage facilities deemed necessary to control or prevent erosion. Erosion and sediment control BMPs are required year-round in compliance with all applicable City of Menifee Standards and Ordinances and the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit from the California State Water Resources Control Board (SWRCB). Additional Erosion protection may be required during the rainy season.

70.Water Quality Management Plan (WQMP) - All grading plans shall require an approved copy of the Water Quality Management Plan sheet per the approved WQMP, executed report. The developer / property owner shall comply with the requirements of the Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 538

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February 7, 2024
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WQMP report, the NPDES municipal permit in force, and City standards and specifications.

71.Design Grade Criteria – Onsite parking areas shall be designed in accordance with the current version of City of Menifee Standards and Specifications. Non-compliance may require a redesign of the project. Significant redesigns may require a revised Plot Plan.

Design Grade Criteria:
a) On-Site Parking – Where onsite parking is designed, such as in common areas, parking stalls and driveways shall not have grade breaks exceeding 4%. A 50’ minimum vertical curve shall be provided where grade breaks exceed 4%. Five percent grade is the maximum slope for any parking area. Where ADA requirement applies, ADA requirement shall prevail.
b) Down Drains - Concrete down drains that outlet onto parking lot areas are not allowed. Drainage that has been collected in concrete ditches or swales should be collected into receiving underground drainage system, or should outlet with acceptable velocity reducers into BMP devises.
c) Pavement - Permeable pavement requires the layers of filter material to be installed relatively flat. As such, the permeable pavement areas should have a maximum surface gradient of 2%,or approved by the PW Director/City Engineer.

72.Drainage Grade - Minimum drainage design grade shall be 1% except on Portland cement concrete surfaces where 0.35% shall be the minimum. The engineer of record must submit a variance request for design grades less than 1% with a justification for a lesser grade.

73.Finish Grade – Shall be sloped to provide proper drainage away from all exterior foundation walls in accordance with City of Menifee Standard Plan 300.

74.Use of Maximum and Minimum Grade Criteria – Actual field construction grades shall not exceed the minimum and maximum grades for ADA and approved project grading design, to allow for construction tolerances. Any improvement that is out of the minimum and maximum values will not be accepted by the City Inspector and will need to be removed and replaced at developer’s or owner’s expense.

75.Licensed Geotechnical Engineer - A California licensed Geotechnical Engineer shall perform final determination of the foundation characteristics of soils within on-site development areas, and per the approved geotechnical report reviewed and approved by the City.

76.Retaining Walls – Sections, which propose retaining walls, will require separate permits.

They shall be obtained prior to issuance of any other building permits – unless otherwise approved by the Building Official and/or the Public Works Director / City Engineer. The walls shall be designed by a licensed civil engineer and conform to City Standards. The plans shall include plan and profiles sheets.

77.Trash Racks: Trash Racks shall be installed at all inlet structures that collect runoff from open areas with potential for large, floatable debris.

Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 539

Menifee Mayor and City Council
February 7, 2024
Page
925 of 1677

78.Drainage Runoff Emergency Escape. An emergency escape path shall be provided for the stormwater runoff at all inlets for the proposed underground facilities in the event that the inlets become blocked in any way. To prevent flood damage to the proposed structures, all proposed structures in the vicinity of the inlets and along the emergency escape path shall be protected from flooding by either properly elevating the finished floor in relation to the inlets and flow path or by making sure the structures are set back from the inlets to provide adequate flow through area in the event the emergency escape of the stormwater runoff is necessary.

79.Riverside County Flood Control and Water Conservation District (RCFCWCD) Encroachment Permit Required. An Encroachment Permit Is required for any work within District right of way or any connection to District facilities. The Encroachment Permit application shall be processed and approved concurrently with the improvement plans.

80.RCFCWCD Submittal of Plans. A copy of the project specific WQMP, improvement plans, grading plans, BMP improvement plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations (drainage report) shall be submitted to the District as reference material for the review and approval of the final drainage report and storm drain plans that propose construction of storm drain facilities that will be owned and maintained by the District.

81.Grading Permit for Clearing and Grubbing – City ordinance on grading requires a grading permit prior to clearing, grubbing, or any topsoil disturbances related to construction grading activities.

82.Compliance with NPDES General Construction Permit – The developer/property owner shall comply with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit (GCP) from the State Water Resource Control Board (SWRCB). This is in addition to the Municipal permit governing design, WQMPs, and permanent BMPs.

Prior to approval of the grading plans or issuance of any grading permit, the developer/property owner shall obtain a GCP from the SWRCB. Proof of filing a Notice of Intent (NOI) and monitoring plan, shall be submitted to the City; and the WDID number issued by the SWRCB shall be reflected on all grading plans prior to approval of the plans.

For additional information on how to obtain a GCP, contact the SWRCB.

83.SWPPP - Prior to approval of the grading plans, the developer/property owner shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for the development. The developer/property owner shall be responsible for uploading the SWPPP into the State’s SMARTS database system and shall ensure that the SWPPP is updated to constantly reflect the actual construction status of the site. A copy of the SWPPP shall be made available at the construction site at all times until construction is completed. The SWRCB considers a construction project complete once a Notice of Termination has been issued by SWRCB. The City will require submittal of NOTs for requests to fully release associated grading bonds.

84.SWPPP for Inactive Sites – The developer/property owner shall be responsible for ensuring that any graded area that is left inactive for a long period of time has appropriate SWPPP BMPs in place and in good working conditions at all times until construction is Item Title: 11.1
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completed and the Regional Board has issued a Notice of Termination (NOT) for the development.

85.Import/Export – In instances where a grading plan involves import or export, prior to obtaining a grading permit, the developer/property owner shall have obtained approval for the import/export location from the Public Works / Engineering Department. If an Environmental Assessment did not previously approve either location, a Grading Environmental Assessment shall be submitted to the Planning Director for review and comment and to the Public Works Director / City Engineer for approval. Additionally, if the movement of import/export occurs using City roads, review, and approval of the haul routes by the Public Works / Engineering Department will be required. Import or export materials shall conform to the requirements of Chapter 8.26.

86.Offsite Grading Easements - Prior to recordation of a final map phase, or the issuance of a grading permit within a phased map whichever occurs first, the developer/property owner shall obtain all required easements and/or permissions to perform offsite grading, from affected land owners. Notarized and recorded agreement or documents authorizing the offsite grading shall be submitted to the Public Works Engineering Department.

87.Offsite Property and Right of Way – The developer / property owner shall be responsible for acquiring any offsite real property interests that may be required in connection with thedevelopment project. Prior to recordation of a final map, or the issuance of a grading permit, whichever occurs first, the developer shall obtain all required ROW, easements and / or permissions to perform offsite grading, from all affected landowners.

88.Increased Runoff Criteria. The development of this site would increase peak flow rates on downstream properties. Mitigation shall be required to offset such impacts. An increased runoff basin should be shown on an exhibit and calculations supporting the size of the basin shall be submitted to the District and the City for review. The entire area of proposed development will be routed through a detention facility(s) to mitigate increased runoff. All basins must have positive drainage; dead storage basins shall not be acceptable.

A complete drainage study including, but not limited to, hydrologic and hydraulic calculations for the proposed detention basin shall be submitted to the City for review and approval. For design purposes, the proposed detention basin shall be sized using the 6- hour/100-year frequency storm event. Detention basin(s) and outlet(s) sizing will ensure that this storm event does not produce higher peak discharge in the "after" condition than in the "before" condition. For the 100-year event, an AMC II shall be used together with a constant loss rate.

Low Loss rates will be determined using the following:
i. Undeveloped Condition --> LOW LOSS = 90%
ii. Developed Condition --> LOW LOSS = .9 - (.8x%IMPERVIOUS) iii. Basin Site --> LOW LOSS = 10%
Where possible and feasible the onsite flows should be mitigated before combining with offsite flows to minimize the size of the detention facility required. If it is necessary to combine offsite and onsite flows into a detention facility two separate conditions should be evaluated for each duration/return period/before-after development combination studied; the first for the total tributary area (offsite plus onsite), and the second for the area to be developed alone (onsite). It must be clearly demonstrated that there is no Item Title: 11.1
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increase in peak flow rates under either condition (total tributary area or onsite alone), for each of the return period/duration combinations required to be evaluated. A single plot showing the pre-developed, post-developed and routed hydrographs for each storm considered, shall be included with the submittal of the hydrology study.

No outlet pipe(s) will be less than 18" in diameter. Where necessary an orifice plate may be used to restrict outflow rates. Appropriate trash racks shall be provided for all outlets less than 48" in diameter.

The basin(s) and outlet structure(s) must be capable of passing the 100-year storm without damage to the facility. Mitigation basins should be designed for joint use and be incorporated into open space or park areas. Side slopes should be no steeper than 4: 1 and depths should be minimized where public access is uncontrolled.

Mitigation basins should be designed for joint use and m a y be incorporated into open space or park areas. Side slopes should be not steeper than 4: I and depths should be minimized where public access is uncontrolled.

A viable maintenance mechanism, acceptable to the City should be provided for any flood control facilities to be owned and maintained by the City. Any facilities proposed to be owned by the District, should be provided with a viable maintenance mechanism acceptable to the City and the District. For the City this would be the citywide CFD.

Facilities to remain private shall be maintained by commercial property owners association or homeowners associations.

89.Site Drainage - Positive drainage of the site shall be provided, and water shall not be allowed to pond behind or flow over cut and fill slopes. Where water is collected and discharged in a common area, protection of the native soils shall be provided by planting erosion resistant vegetation, as the native soils are susceptible to erosion by running water. All cut and fill slopes shall have a maximum 2:1 (H:V) grade, 2 horizontal to 1 vertical.

90.Alteration of Drainage Patterns – Prior to grading permit issuance or approval of improvement plans, the final engineering plans submitted by the applicant shall address the following: The project drainage system shall be designed to accept and properly convey all on- and off-site drainage flowing on or through the site. The project drainage system design shall protect downstream properties from any damage caused by alteration of drainage patterns such as concentration or diversion of flow. Concentrated drainage on commercial lots shall be diverted through parkway drains under sidewalks.

91.100 Year Storm - The 100-year storm flow shall be contained within the street top of curb.

92.100 Year Drainage Facilities - All drainage facilities shall be designed to accommodate 100-year storm flows as approved by the City of Menifee Public Works / Engineering Department.

93.100 Year Design Criteria - In final engineering and prior to grading permit issuance, subsurface storage systems shall be designed with emergency overflow inlets to mitigate flows in excess of the 100-year storm event in a controlled manner to the satisfaction of the Public Works / Engineering Department.

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94.100 Year Sump Outlet - Drainage facilities outletting sump conditions shall be designed to convey the tributary 100-year storm flows. Additional emergency escape shall also be provided.

95.Coordinate Drainage Design: Development of this property shall be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed, and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the PW Engineering Department for review.

96.Comingling of Flows. Site restrictions may require the comingling of onsite and offsite flows. A treatment device approved by the City of Menifee Public Works Director shall be utilized to pretreat the flows before entering HOA facilities. The WQMP will need to show these catch basin inserts. This comingling of flows and the easement shall also be clarified in the CC&Rs for the project. If site restrains and existing conditions require said comingling, it will be the obligation of the HOA to accept this water and maintain the system, as well as performing maintenance on the associated filter inserts. The developer shall provide a storm drain and flowage easement, or other applicable document approved by the city of Menifee, providing the right of the city to drain onto the private property.

97.Interceptor Drain Criteria/Guidelines: The criteria for maintenance access of terrace/interceptor is as follows: flows between 1-5 cfs shall have a 5-foot wide access road, flows between 6-10 cfs shall be a minimum 6-foot rectangular channel.

Terrace/interceptor drains are unacceptable for flows greater than 10 cfs. Flows greater than 10 cfs shall be brought to the street. These guidelines may be modified by the City Engineer/PW Director.

98.BMP – Energy Dissipators: Energy Dissipators, such as rip-rap, shall be installed at the outlet of a storm drain system that discharges runoff flows into a natural channel or an unmaintained facility. The dissipators shall be designed to minimize the amount of erosion downstream of the storm drain outlet.

99.Trash Racks – Trash Racks shall be installed at all inlet structures that collect runoff from open areas with potential for large, floatable debris.
100.Perpetuate Drainage Patterns. The property's street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage areas, outlet points and outlet conditions. Otherwise, a drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the City for review and approval.
101.Perpetual Drainage Patterns (Easements) - Grading shall be designed in a manner that perpetuates the existing natural drainage patterns and conditions with respect to tributary drainage areas and outlet points. Where these conditions are not preserved, necessary drainage easements shall be obtained from all affected property owners for the release onto their properties of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the PW Engineering Department for review.

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102.Protection of Downstream Properties - The developer/property owner shall protect downstream properties from damages that can be caused by alteration of natural drainage patterns, i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and securing necessary drainage easements.
103. Storm Drain Lines 36” and larger - All proposed storm drain lines greater than or equal to 36" in diameter may be considered for ownership and maintenance by the Flood Control District. The applicant shall enter into a cooperative agreement with the Flood Control District regarding the terms of the design, construction and operation of facilities proposed for ownership by the Flood Control District. 104.No Building Permit without Legal Lot – Prior to issuance of any building permit, the developer / property owner shall ensure that the underlying parcels for such buildings are complying with City Ordinances, Codes, and the Subdivision Map Act. 105.No Building Permit Prior to Subdivision Map Recordation – Prior to issuance of any building permit, the developer / property owner shall record the Subdivision Map. Model Homes are exempt from this requirement.
106.No Building Permit without Grading Permit - Prior to issuance of any building permit for any new structure or appurtenance, the developer/property owner shall obtain a grading permit and/or approval to construct from the Public Works Engineering Department.
107.Final Rough Grading Conditions – Prior to issuance of each building permit, the developer/property owner shall cause the Civil Engineer of Record and Soils Engineer of Record for the approved grading plans, to submit signed and wet stamped rough grade certification and compaction test reports with 90% or better compaction. The certifications shall use City approved forms and shall be submitted to the Public Works Engineering Department for verification and acceptance.
108.Conformance to Elevations/Geotechnical Compaction - Rough grade elevations for all building pads and structure pads submitted for grading plan check approval shall be in substantial conformance with the elevations shown on approved grading plans.

Compaction test certification shall be in compliance with the approved project geotechnical/soils report.
109.Final Grade Certification – The developer/property owner shall cause the Civil Engineer of Record for approved grading plans, to submit signed and wet stamped final grade certification on City-approved form, for each building requesting a certificate of occupancy.

The certification shall be submitted to the Public Works Engineering Department for verification and acceptance.
110.Conform to Elevations - Final grade elevations of all building or structure finish floors submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved grading plans. Compaction test certification shall be in compliance with the approved project geotechnical/soils report. 111.Plant & Irrigate Slopes – All manufactured slopes shall be irrigated and landscaped with grass or approved ground cover and shall have some type of drainage swale at the toe of Item Title: 11.1
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the slope to collect runoff. Slopes greater than or equal to 3’ in vertical height shall have erosion control measures provided. Slopes that exceed 15’ in vertical height are to be planted with additional shrubs and trees as approved by the Public Works / Engineering Department. Drip irrigation shall be provided for all irrigated slopes. 112.Common Area Maintenance – Any common areas identified on the tentative map shall be owned and maintained through a permanent master maintenance organization established for the project, to assume maintenance responsibility for all common areas.

The organization may be public (City CFD, or another agency) or private (e.g., property owners’ association). Merger with an area-wide or regional organization shall satisfy this condition provided that such organization is legally and financially capable of assuming the responsibilities for maintenance. When necessary, property dedication or easement dedications shall be granted to the maintenance organization through map dedication, or separate recordable instrument, and shall be in a form acceptable to the city. 113.Maintenance Exhibit – Prior to final map recordation, the developer / property owner shall prepare an exhibit that shows all open space lots within the project development tract and the maintenance entity for each lot. The exhibit shall be reviewed and approved by the Community Development Department and the Public Works / Engineering Department. 114.Conditions, Covenants and Restrictions (Private Common Areas) – In the event that the Community Facilities District will not maintain all common areas, the establishment of a property owner association (e.g., POA, HOA, or other alternative entity subject to Public Works / Engineering Department approval) shall be the mechanism to maintain such common areas.
115.CC&R Content, Submittal Process and Timing – The developer/property owner shall submit to the Public Works / Engineering Department for review and approval CC&R documents consisting of the following:
a. One hard copy and an electronic version of the CC&R’s. A completed application form to review the CC&Rs, available at the Public Works / Engineering front counter. There is a fee associated with the application and required backup documents to review. The declaration of CC&R’s shall:
i. provide for the establishment of a property owner's association, ii. provide for the ownership of the common area by the property owner's association,
iii. contain provisions approved by the Public Works / Engineering Department, Community Development Department, and the City Attorney, iv. Contain provisions with regards to the implementation of post development Water Quality Best Management Practices identified in the project’s approved WQMP.
v. Contain provisions notifying initial occupants, or tenants of the project of their receipt of educational materials on good housekeeping practices which contribute to the protection of storm water quality. These educational materials shall be distributed by the property owners' association and/or the developer.
vi. Contain provisions for allowing the City a Right of Entry to maintain BMPs that are otherwise not maintained by responsible property owners. If a Item Title: 11.1
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separate Right of Entry Agreement has been executed, this provision is not necessary to be in the CC&Rs.
b. As part of the CC&R document submittal, exhibit(s) identifying the areas or improvements that will be maintained by the POA, the CFD or other entities shall be provided. The exhibit shall be reviewed and approved by the City. c. Once approved, the developer / property owner shall provide a hard copy of the CC&R’s wet-signed and notarized to the Public Works / Engineering Department.

The Public Works / Engineering Department shall record the original declaration of CC&R’s prior to…… the issuance of Certificate of Occupancy or building permit issuance.
d. A deposit to pay for the review of the CC&Rs pursuant to the City’s current fee schedule at the time the above-referenced documents are submitted to the Public Works / Engineering Department.
116.Street Design Standards – Street improvements shall conform to all applicable City Design Standards and Specifications, the City General Plan, Ordinances, and all other relevant laws, rules and regulations governing street construction in the City, or as otherwise indicated in the Menifee Valley Specific Plan or approved by the City Public Works Director / City Engineer
117.Concrete Work – All concrete work including curbs, gutters, sidewalks, driveways, cross gutters, catch basins, manholes, vaults, etc. shall be constructed to meet a 28-day minimum concrete strength of 3,250 psi.
118.Intersection Geometrics – All final intersection geometrics may be modified in final engineering as approved by the Public Works Director / City Engineer. 119.Intersection / 50-Foot Tangent – All centerline intersections shall be at ninety (90) degrees, plus or minus five (5) degrees, with a minimum fifty (50) foot tangent, measured from flow line / curb face or as approved by the Public Works Director / City Engineer. 120.Street Improvements – Street improvements shall conform to all applicable City Design Standards and Specifications, the City General Plan, and all other relevant laws, rules and regulations governing street construction in the City.
121.Soils and Pavement Report - Street pavement structural designs shall comply with the recommendations in the City approved project soils and pavement investigation report, and must meet minimum City standards and specifications, as approved by the Public Works Director / City Engineer. R-Values shall be provided in said report and the Engineer of Record shall provide pavement calculations to the City. 122.Driveways - Final driveway geometrics may be modified in final engineering as approved by the Public Works Director / City Engineer. Driveways shall meet current standard radii on all existing and proposed commercial drive approaches used as access to the proposed development. The developer shall adhere to all City standards and regulations for access and ADA guidelines.

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123.Acceptance of Public Roadway Dedication and Improvements – Easements and right- of way for public roadways shall be granted to the City through acceptable recordable instrument. Onsite easements and right-of way for public roadways shall be granted to the City of Menifee through the final map, or other acceptable recordable instrument. Any off- site rights-of-way required for access road(s) shall be accepted to vest title in the name of the public if not already accepted. Any shared access roads necessary for the adequate circulation of the proposed project, shall be dedicated for reciprocal access by acceptable recordable instrument prior to any permit issuance.
124.ADA Compliance – ADA path of travel shall be designed at the most convenient accesses and the shortest distance to the buildings in accordance with ADA design standards and to the satisfaction of the Public Works Director / City Engineer and the City Building Official.
125.Paving or Paving Repairs – The applicant shall be responsible for obtaining the paving inspections required by Ordinance 461 and City of Menifee standards and ordinances.

Paving and/or paving repairs for utility street cuts shall be per City of Menifee Standards and Specifications and as approved by the Public Works Director / City Engineer. 126.Street Light Plan – Street lights requiring relocations, or any required new streetlights shall be designed in accordance with current City Standards for LS-3 type streetlights.

Street light construction plans shall be prepared as separate plans or combined with the public street improvement plans as approved by the Public Works Director / City Engineer. 127.Public Streetlights Service Points – All proposed public streetlights shall be provided with necessary appurtenances and service points for power, separate from privately owned streetlights. The developer/property owner shall coordinate with the PW Department and with Southern California Edison the assignment of addresses to streetlight service points. Service points for proposed public streetlights shall become public and shall be located within public right of way or within duly dedicated public easements.
128.CFD Maintenance - The property owner shall file for annexation or inclusion into the Citywide Community Facilities Maintenance District, CFD for street sweeping services, street pavement maintenance, landscaping, street lighting, etc. 129.Offsite Grading – A notarized and recorded agreement, or City-approved documents authorizing the offsite grading shall be submitted to the Public Works / Engineering Department.
130.Sight Distance Analysis – Sight distance analysis shall be conducted at all project roadway entrances for conformance with City sight distance standards. The analysis shall be reviewed and approved by the Public Works Director / City Engineer, and shall be incorporated in the final the grading plans, street improvement plans, and landscape improvement plans.
131.Street Name Sign - The developer/property owner shall install street name sign(s) in accordance with applicable City Standards, or as directed by the PW Engineering Department.

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132.Construction Traffic Control Plan - Prior to start of any project related construction, the developer/property owner shall submit to the Public Works Engineering Department for review and approval, a Construction Traffic Control Plan in compliance with all applicable City ordinances, standards and specifications, and the latest edition of the CAMUTCD.

This traffic control plan shall address impacts from construction vehicular traffic, noise, and dust and shall propose measures to mitigate these effects. The traffic control plan shall include a Traffic Safety Plan for safe use of public roads right-of-way during construction.
133.Traffic Signal Control Devices – All new traffic signals and traffic signal modifications required for construction by this development project shall include traffic signal communication infrastructure, network equipment, and Advanced Traffic Management System (ATMS) license software. Said traffic signal control devices shall be submitted with the traffic signal design plans and shall be approved by the Public Works Director / City Engineer, prior to testing of a new traffic signal. Traffic signal poles shall be placed at the ultimate locations when appropriate.
134.Cost participation through Payment of TUMF and DIF for Improvements- The developer/property owner’s TUMF and DIF payment obligations shall be considered as cost participation for Project’s required offsite improvements only when the offsite improvements for which credits are claimed, are eligible TUMF and/or DIF facilities at time of TUMF and DIF payments. Determination for TUMF credits shall be at the discretion of the Western Riverside Council of Governments (WRCOG), the governing authority, which shall include entering a three party TUMF Credit Agreement with the developer, WRCOG and the City of Menifee.
135.Improvement Bonds – Prior to improvement plan approval and issuance of any construction permit for all required onsite and offsite public improvements, the developer/project owner shall enter into a bond agreement and post acceptable bonds or security, to guarantee the completion of all required improvements. The bonds shall be in accordance with all applicable City ordinances, resolutions, and municipal codes. 136.Encroachment Permits – The developer/property owner shall obtain all required encroachment permits and clearances prior to start of any work within City, State, or local agency right-of-way.
137.Stormwater Management - All City of Menifee requirements for NPDES and Water Quality Management Plans (WQMP) shall be met per City of Menifee Municipal Code Chapter 15.01 for Stormwater/Urban Runoff Management Program unless otherwise approved by the Public Works Director/City Engineer. This project is required to submit a project specific WQMP prepared in accordance with the latest WQMP guidelines approved by the Regional Water Quality Control Board.
138.Trash Enclosures Standards and Specifications – Storm runoff resulting in direct contact with trash enclosure, or wastewater runoff from trash enclosure are prohibited from running off a site onto the City MS4 without proper treatment. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards including:
a) Provision of a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open.

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b) Constructed of reinforced masonry without wooden gates. Walls shall be at least 6 feet high.
c) Provision of concrete slab floor, graded to collect any spill within the enclosure. d) All trash bins in the trash enclosure shall be leak proof with lids that are continuously kept closed.
e) The enclosure area shall be protected from receiving direct rainfall or run-on from collateral surfaces.
f) The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access.

Any standing liquids within the trash enclosures without floor drain must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non- hazardous liquids without solid trash may be put in the sanitary sewer as an option, in accordance with Eastern Municipal Water District (EMWD) criteria.

An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed only after obtaining approval from EMWD. This option requires the following:
a) The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access. This requirement may not be applicable to commercial complexes with multiple tenants.
b) A waterless trap primer shall be provided to prevent escape of gasses from the sewer line and save water.
c) Hot and cold running water shall be provided with a connection nearby with an approved backflow preventer. The spigot shall be protected and located at the rear of the enclosure to prevent damage from bins.
139.SWRCB, Trash Amendments. The State Water Resources Control Board (State Board) adopted amendments to the Water Quality Control Plan for Ocean Waters of California and the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries – collectively referred to as the “Trash Amendments.” Applicable requirements per these amendments shall be adhered to with implementation measures, prior to building permit issuance. Projects determined to be within Priority Land Uses as defined in the Trash Amendments, shall provide trash full capture devices in all new and existing catch basins to which this development will be tributary to or receiving from all Priority Land Use areas that will contribute storm water runoff to the City of Menifee’s MS4. All trash full capture devices shall be listed on the State Board’s current list of certified full capture devices posted on their website
(https://www.waterboards.ca.gov/water_issues/programs/stormwater/trash_implementati on.shtml), or otherwise approved by State or Regional Water Quality Control Board staff.

Storm water runoff from privately owned Priority Land Use areas shall be treated by full capture devices located within privately owned storm drain structures or otherwise located on the privately owned property, whenever possible. Runoff from Priority Land Use areas created or modified by the project, and which are proposed to be City owned, shall be treated by full capture devices located within city-owned storm drains or otherwise located within the public right of way.

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The State Water Resources Control Board, Resolution adopted an amendment to the Water Quality Control Plan for ocean waters of California to control trash, and Part 1 Trash Provisions of the Water Quality Control Plan for inland surface waters, enclosed bays, and estuaries of California. Applicable requirements per these amendments shall be adhered to with implementation measures, prior to building permit issuance. Projects determined as within Priority Land Uses as defined in the amendment, shall provide full trash capture devices in all new catch basins and existing catch basins to which this development will be tributary to. Devices shall meet the requirement of the new Trash Amendment. 140. Prior to issuance of a grading permit, a FINAL project specific WQMP in substantial conformance with the approved PRELIMINARY WQMP, shall be reviewed and approved by the Public Works Engineering Department. Final construction plans shall incorporate all the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. The FINAL WQMP submittal shall include at the minimum the following reports/studies:
a) Hydrology/hydraulics report
b) Soils Report that includes soil infiltration capacity c) Limited Phase II Environmental Site Assessment Report, as may be required by an approved Phase I ESA Report
Final construction plans shall incorporate all the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non- structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department.
141.Revising The Final WQMP - In the event the Final WQMP requires design revisions that will substantially deviate from the approved Prelim WQMP, a revised or new WQMP shall be submitted for review and approval by the Public Works / Engineering Department. The cost of reviewing the revised/new WQMP shall be charged on a time and material basis.

The fixed fee to review a Final WQMP shall not apply, and a deposit shall be collected from the applicant to pay for reviewing the substantially revised WQMP. 142.WQMP Maintenance Agreement - All water quality features or BMPs shall be located within the property limits, and the maintenance shall be the full responsibility of the developer / project owner. Prior to, or concurrent with the approval of the FINAL WQMP, the developer / property owner shall record Covenants, Conditions and Restrictions (CC&R’s) that addresses the implementation and maintenance of proposed WQMP BMPs, or enter into an acceptable maintenance agreement with the City to inform future property owners of the requirement to perpetually implement the approved FINAL WQMP. 143.Implement Project Specific WQMP - All structural BMPs described in the project-specific WQMP shall be constructed or installed and operational in conformance with approved plans and specifications. It shall be demonstrated that the applicant is prepared to implement all BMPs described in the approved project specific WQMP and that copies of the approved project-specific WQMP are available for the future owners/occupants. The City will not release occupancy permits for any portion of the project or subdivision map Item Title: 11.1
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phase until all proposed BMPs described in the approved project specific WQMPs, to which the portion of the project is tributary to, are completed and operational.

The City will not release occupancy permits for any portion of the project, or any proposed map phase prior to the completion of the construction of all required structural BMPs, and implementation of non-structural BMPs.
144.Inspection of BMP Installation – Prior to issuance of Certificate of Occupancy, all structural BMPs included in the approved FINAL WQMP shall be inspected for completion of installation in accordance with approved plans and specifications, and the FINAL WQMP. The Public Works Stormwater Inspection team shall verify that all proposed structural BMPs are in working conditions, and that a hard copy and / or digital copy of the approved FINAL WQMP are available at the site for use and reference by future owners/occupants. The inspection shall ensure that the FINAL WQMP at the site includes the BMP Operation and Maintenance Plan, and shall include the site in a City maintained database for future periodic inspection.
145.WQMP/BMP Education - Prior to issuance of Certificate of Occupancy, the developer / project owner shall provide the City proof of notification to future occupants of all BMP’s and educational and training requirements for said BMP’s as directed in the approved WQMP. Proof of notification shall be provided to the Public Works / Engineering Department in forms determined acceptable by the Public Works Director / City Engineer.

Public Education Program materials may be obtained from the Riverside County Flood Control and Water Conservation District’s NPDES Section through their website at www.rcwatershed.org. The developer must provide to the Public Works / Engineering Department a notarized affidavit, or other notification forms acceptable to the Public Works Director / City Engineer, stating that the distribution of educational materials to future homebuyers has been completed prior to issuance of occupancy permits.

A copy of the notarized affidavit must be placed in the final WQMP report. The Public Works / Engineering Department MUST also receive the original notarized affidavit with the plan check submittal to clear the appropriate condition. Placing a copy of the affidavit without submitting the original will not guarantee clearance of the condition. 146.EMWD Minimum Standards – All public water, sewer and recycled water improvements shall be designed per the City adopted Riverside County Ordinances 460, 461 and 787; Eastern Municipal Water Districts (EMWD) standards and specifications, including required auxiliaries and appurtenances. The final design, including pipe sizes and alignments, shall be subject to the approval of EMWD and the City of Menifee. 147.Utility Improvement Plans – Public Water, Sewer and Recycled Water improvements shall be drawn on City title block for review and approval by the Public Works / Engineering Department and EMWD.
148.Onsite and Offsite Sewer, Water and Recycled Water Improvements – All public onsite and offsite sewer, water and recycled water improvements shall be guaranteed for construction prior to approval of improvement plans and final map approval. 149.Sewer Lines – Any new public sewer line alignments or realignments shall be designed such that the manholes are aligned with the center of lanes or on the lane line and in accordance with Riverside County Ordinances 460/461 and Eastern Municipal Water Item Title: 11.1
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District standards. Exceptions to said alignments or realignment designed shall be only at the approval of the Public Works Director / City Engineer through written request. 150.Water Mains and Hydrants - All water mains and fire hydrants providing required fire flows shall be constructed in accordance with the Riverside County Ordinance Numbers 460 and 787, and subject to the approval of the Eastern Municipal Water District and the Riverside County Fire Department.
151.Annexation to the Citywide Community Facilities District (CFD) - Prior to the issuance of a Building Permit or…map recordation…, the developer/property owner shall complete the annexation of the proposed development, into the boundaries of the City of Menifee citywide Community Facilities Maintenance District (Services) CFD. The citywide CFD shall be responsible for:

The maintenance of public improvements or facilities that benefit this development, including but not limited to, public landscaping, streetlights, traffic signals, streets, pavement maintenance, drainage facilities, street sweeping, water quality basins, graffiti abatement, and other public improvements or facilities as approved by the Public Works Director.

The developer/property owner shall be responsible for all cost associated with the annexation of the proposed development in the citywide CFD. 152. CFD Annexation Agreement - In the event timing for this development’s schedule prevents the developer/property owner from complying with condition of approval for Annexation to the Citywide Community Facilities District (CFD), the developer shall enter into a CFD annexation agreement to allow the annexation to complete after the issuance of a building permit but prior to issuance of a Certificate of Occupancy. The developer shall be responsible for all costs associated with the preparation of the CFD annexation agreement. The agreement shall be approved by the City Council prior to issuance of a building permit.
153.Assessment Segregation - Should this project lie within any assessment/benefit district, the applicant shall, prior to any building permit issuance to make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district unless said fees are deferred to building permit.
154.Landscape Improvement Plans for CFD Maintenance – Landscape improvements within public ROW and/or areas dedicated to the City for the citywide CFD to maintain shall be prepared on a separate City CFD plans for review and approval by the PW Engineering Department. The plans may be prepared as one plan for the entire development as determined by the PW Director. When necessary, as determined by the PW Director, a separate WQMP construction plan on City title block maybe required for review and approval by the PW Engineering Department prior to issuance of a grading permit.
155.Parkway Landscaping Design Standards - The parkway areas behind the street curb within the public’s right-of-way, shall be landscaped and irrigated per City standards and guidelines.

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156.CFD Landscape Guidelines and Improvement Plans – All landscape improvements for maintenance by the CFD shall be designed and installed in accordance with City CFD Landscape Guidelines, and shall be drawn on a separate improvement plan on City title block. The landscape improvement plans shall be reviewed and approved by the PW Engineering Department prior to issuance of a construction permit. 157. Maintenance of CFD Accepted Facilities – All landscaping and appurtenant facilities to be maintained by the citywide CFD shall be built to City standards. The developer shall be responsible for ensuring that landscaping areas to be maintained by the CFD have its own controller and meter system, separate from any private controller/meter system. 158.AB 341. AB 341 focuses on increased commercial waste recycling as a method to reduce greenhouse gas (GHG) emissions. The regulation requires businesses and organizations that generate four or more cubic yards of waste per week and multifamily units of 5 or more, to recycle. A business shall take at least one of the following actions to reuse, recycle, compost, or otherwise divert commercial solid waste from disposal:

a) Source separate recyclable and/or compostable material from solid waste and donate or self-haul the material to recycling facilities. b) Subscribe to a recycling service with their waste hauler. c) Provide recycling service to their tenants (if commercial or multi-family complex).
d) Demonstrate compliance with the requirements of California Code of Regulations Title 14.

For more information please visit:
www.rivcowm.org/opencms/recyclying/recycling_and_compost_business.html#mandator y

159.AB 1826. AB 1826 (effective April 1, 2016) requires businesses that generate eight (8) cubic yards or more or organic waste per week to arrange for organic waste recycling services. The threshold amount of organic waste generated requiring compliance by businesses is reduced in subsequent years. Businesses subject to AB 1826 shall take at least one of the following actions in order to divert organic waste from disposal:

Source separate organic material from all other recyclables and donate or self-haul to a permitted organic waste processing facility.

Enter into a contract or work agreement with gardening or landscaping service provider or refuse hauler to ensure the waste generated from those services meet the requirements of AB 1826.

Consider xeriscaping and using drought tolerant/low maintenance vegetation in all landscaped areas of the project.

As of January 1, 2019, the above requirements are now applicable to businesses that generate four (4) or more cubic yards of solid waste per week and one (1) or more cubic yards of organic waste per week. Additionally, as of January 1, 2019, a third trash bin is now required for organics recycling, which will require a larger trash enclosure to accommodate three (3) trash bins. This development is subject to this requirement.

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160.Recyclables Collection and Loading Area Plot Plan. Prior to the issuance of a building permit for each building, the applicant shall submit three (3) copies of a Recyclables Collection and Loading Area plot plan to the City of Menifee Engineering/Public Works Department for review and approval. The plot plan shall show the location of and access to the collection area for recyclable materials, along with its dimensions and construction detail, including elevation/façade, construction materials and signage. The plot plan shall clearly indicate how the trash and recycling enclosures shall be accessed by the hauler.

The applicant shall provide documentation to the Community Development Department to verify that Engineering and Public Works has approved the plan prior to issuance of a building permit.
161.Waste Recycling Plan. Prior to the issuance of a building permit for each building, a Waste Recycling Plan (WRP) shall be submitted to the City of Menifee Engineering/Public Works Department for approval. Completion of Form B “Waste Reporting Form” of the Construction and Demolition Waste Diversion Program may be sufficient proof of WRP compliance, as determined by the Public Works Director / City Engineer. At minimum, the WRP must identify the materials (i.e., concrete, asphalt, wood, etc.) that will be generated by construction and development, the projected amounts, the measures/methods that will be taken to recycle, reuse, and/or reduce the amounts of materials, the facilities and/or haulers that will be utilized, and the targeted recycling or reduction rate. During project construction, the project site shall have, at a minimum, two (2) bins; one for waste disposal and the other for recycling of Construction and Demolition (C&D) materials. Additional bins are encouraged to be used to further source separation of C&D recyclable materials.

Accurate record keeping (receipts) for recycling of C&D recyclable materials and solid waste disposal must be kept. Arrangements can be made through the franchise hauler. 162.Waste Management Clearance. Prior to issuance of an occupancy permit for each building, evidence (i.e., receipts or other type of verification) shall be submitted to demonstrate project compliance with the approved WRP to the Engineering and Public Works Department in order to clear the project for occupancy permits. Receipts must clearly identify the amount of waste disposed and Construction and Demolition (C&D) materials recycled. Completion of Form C, “Waste Reporting Form” of the Construction and Demolition Waste Diversion Program along with the receipts may be sufficient proof of WRP compliance, as determined by the PW Director / City Engineer. 163.Fees and Deposits – Prior to approval of final maps, grading plans, improvement plans, issuance of building permits, and/or issuance of certificate of occupancy, the developer/property owner shall pay all fees, deposits as applicable. These shall include the regional Transportation Uniform Mitigation Fee (TUMF), any applicable Traffic Signal Mitigation Fees, Development Impact Fees (DIF), and any applicable Road and Bridge Benefit District (RBBD) Fee. Said fees and deposits shall be collected at the rate in effect at the time of collection as specified in current City resolutions and ordinances. 164.Road Bridge Benefit District –The city is in the process of creating a Road and Bridge Benefit District in the Area. The applicant shall pay the RBBD fees based on the designated land use and areas, prior to the issuance of a building permit. Should the project proponent choose to defer the time of payment, a written request shall be submitted to the City, deferring said payment from the time of issuance of a building permit to issuance of a certificate of occupancy. Fees which are deferred shall be based upon the fee schedule in effect at the time of issuance of the permit of each parcel.

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165.TUMF Fees - The developer/property owner shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of building permit or certificate of occupancy issuance, pursuant to adopted City Ordinance governing the TUMF program.
166.Area Drainage Plan (ADP) Fees. The proposed development is located within the bounds of the Homeland / Romoland ADP of the Riverside County Flood Control and Water Conservation District (Flood Control District), for which drainage fees have been established by the Riverside County Board of Supervisors. Applicable ADP fees will be due (in accordance with the Rules and Regulations for Administration of Area Drainage Plans) prior to building permits for this project. The fee due will be based on the fee in effect at the time of payment.

PROJECT-SPECIFIC CONDITIONS
The following are the Public Works / Engineering Department Conditions of Approval for this project which shall be satisfied at no cost to the City or any other Government Agency. All questions regarding the intent of the following conditions shall be referred to the Public Works Engineering Department, Land Development Section. The developer / property owner shall use the standards and design criteria stated in the following conditions and shall comply with all applicable City of Menifee standards and ordinances. Should a conflict arise between City of Menifee standards and design criteria, and any other standards and design criteria, those of the City of Menifee shall prevail.

Tentative Tract Map 38303 Menifee Valley is a 11-lot subdivision. The map is not phased; however the parcels created will individually have to go through entitlement for its respective projects. Timing of improvements to be determined as a part of the Development Agreement between the City of Menifee and the Developer/Owner.

It is understood that the tentative tract map must correctly show acceptable centerline elevations, all existing easements, traveled ways, cross sections, and drainage courses with appropriate drainage flows. Any omission or unacceptability may require the map to be resubmitted for further consideration. If there is a conflict between what is shown on the tentative tract map and these conditions, these conditions will supersede what is shown on the tentative tract map and any attachments to the tentative tract map, including the site plan and other plans or exhibits. All questions regarding the true meaning of these conditions shall be referred to the Public Works / Engineering Department. Engineering Design exceptions to City design standards and policies must be specifically requested in writing and approved by City Engineer/PW Director. Any design exceptions shown on the tentative map and associated engineering documents that are not specifically requested shall be redesigned to meet city standards. 167. This Entitlement (PLN22-0033 Menifee Valley Tentative Map) is for the purposes of subdivision only, and does not include the entitlement of any of the created parcels for purposes of commercial, industrial, or residential developments. Development of subdivided parcels shall be subject to project-specific conditions of approval, to be drafted and implemented at the time of entitlement. The following conditions of approval that include verbiage for “prior to building permit issuance” and “prior to certificate of occupancy” (Or similar verbiage) do not reflect that building permits or certificates of occupancies can be obtain without the proper and necessary entitlements for these Item Title: 11.1
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individual parcels. These future developments shall be subject but not limited to the following conditions of approval.
168. Likewise the following reports, (referenced in COAs “Drainage Study”, “Project Specific Water Quality Management Plan (WQMP)”, “Geotechnical Report”, and “Traffic Study Report”) analyze the Menifee Valley Project from a project build-out stand point. These reports and findings are not specific to the development of individual parcels, and thus each forthcoming development within the Menifee Valley Specific Plan may be subject to project specific reports, submitted for review and approval by the City of Menifee. 169.Drainage Study – The following report was reviewed and approved by the City:
a.Preliminary Hydrology Analysis Menifee Valley Project, TTM38303, prepared by Hunsaker & Associates, dated January 17, 2023.

The project shall comply with all mitigation recommended by the approved drainage study, and in accordance with City Standards. The design of drainage facilities will need to be revised if it does not adhere to City Standards.

Two copies of a final drainage study (also referred to as Hydrology/Hydraulics Report) shall be submitted to the City for review and approval. The study shall analyze at a minimum the following: project site drainage flow; all future improvements drainage flow; Q10, Q100, pre- and post- condition flow rates; anticipated total drainage flow into existing storm drain; and existing storm drain capacity. A fee for review of the Drainage Study shall be paid to the City, the amount of which shall be determined by City at first submittal of report.
170.Project Specific Water Quality Management Plan (WQMP). The following report was reviewed and approved by the City:
a. Preliminary Project Specific Water Quality Management Plan, Menifee Valley Specific Plan, prepared by Hunsaker & Associates, dated October, 2021. Revised January 2023
Prior to issuance of a grading permit, a FINAL project specific WQMP in substantial conformance with the approved PRELIMINARY WQMP, shall be reviewed and approved by the Public Works Engineering Department. Final construction plans shall incorporate all the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. The FINAL WQMP submittal shall include at the minimum the following reports/studies:
a) Hydrology/hydraulics report
b) Soils Report that includes soil infiltration capacity c) Limited Phase II Environmental Site Assessment Report, as may be required by an approved Phase I ESA Report
Final construction plans shall incorporate all the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of Item Title: 11.1
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the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department.
171.Geotechnical Report – The following report was reviewed and approved by the City:

Addendum Report Regarding Geotechnical Recommendations for the Proposed Approximately 580-Acre “Menifee Valley” Residential and Commercial Development, City of Menifee, California, prepared by LGC Geotechnical, Inc, dated October 11, 2021.

Two copies of City-approved geotechnical/soils report, no more than three (3) years from date of application for grading permit, shall be provided to the City Public Works / Engineering Department with initial submittal of a grading plan. If there is no approved report and/or said report is past three (3) years from date of application, a new geotechnical/soils report and/or update letter, respectively, shall be prepared and submitted to City for review and approval. The geotechnical/soils, compaction and inspection reports will be reviewed in conformance with the latest edition of the Riverside County Technical Guidelines for Review of Geotechnical and Geologic Reports. A fee for review of the geotechnical/soils report and/or update letter shall be paid to the City, the amount of which shall be determined by the City at the first submittal of the report.

Geotechnical Report - A geotechnical/soils report was submitted to the City and reviewed by staff. The geotechnical/soil report was reviewed in conformance with the latest edition of the Riverside County Technical Guidelines for Review of Geotechnical and Geologic Reports. Prior to issuance of any grading permit, two copies of the City approved geotechnical/soils report shall be submitted to the Public Works Engineering Department.

The developer/property owner shall comply with the recommendations of the report, and City standards and specifications. All grading shall be done in conformance with the recommendations of the report, and under the general direction of a licensed geotechnical engineer. An updated report may be required if deemed necessary by the Public Works Director prior to the issuance of any grading permit.
172.Off-Site Dedications - Prior to the approval of any improvement plans that require off- site dedications and the commencement of any construction associated with the offsite improvement plans, the Developer shall be responsible for obtaining all necessary dedications of rights-of-way for offsite infrastructure improvements, right-of-entry for offsite grading, and easements for ingress, egress, drainage, utilities and other legal requirements for impacts associated with the development of this project, as determined and directed by the City Engineer. If the Developer cannot acquire a property interest in property required for off-site improvements, Government Code § 66462.5 shall apply and the City retains the right to:
a. The Developer shall enter into an agreement to complete the improvements pursuant to Government Code § 66462 at such time as the City acquires an interest in the land that will permit the improvement to be made.
b. The Developer shall pay all costs associated with acquiring the offsite real property interests required in connection with the development.
c. In the instance where the developer and the city has made all reasonable efforts to negotiate the acquiring of said land, the developer may request that the city enter into the process of eminent domain, which shall be done in accordance with all applicable laws and regulations and at the discretion of City Approval.

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173.Frontage Road Dedication. The developer / property owner shall dedicate the necessary Menifee Road (Urban Arterial Roadway per City Circulation Element), HWY-74 (Expressway Roadway per City Circulation Element, Caltrans), and Briggs Road (Major Roadway per City Circulation Element) right of way fronting the development on the final map or through another acceptable recordable instrument prior to issuance of any building permit.
174.Traffic Study Report – The following report was reviewed and approved by the City:

Traffic Study, Menifee Valley Specific Plan, prepared by LSA, dated September 2023.

The Public Works Department – Traffic Engineering Division has reviewed the Traffic Study and has generally concurred with its findings. The developer/property owner shall be responsible for all improvements and mitigations, required or identified in the approved traffic study and according to these Conditions of Approval, such as but not limited to right- of-way frontage improvements, traffic signal construction or modification, and fair share fees. All required improvements and mitigation measures identified in the study shall be included in all improvement plans for review and approval by the Public Works Department. Improvements identified in the Traffic Study are the absolute minimums recommend by the consultant traffic engineer. The City Engineer/PW Director may require traffic or street improvements beyond those identified in said study to address public safety and welfare, or to construct improvements eligible for DIF credits or reimbursement that front the project, as determined by the Public Works Director / City Engineer. 175.Reconstruction or Resurfacing of Roadways – The Public Works Director / City Engineer may consider reconstruction or resurfacing of road paving fronting the development to meet existing conditions, provided the road is found to meet the minimum City standards for pavement conditions at the time of project construction. If it is determined during project construction that the existing road is found to be substandard, then the Public Works Director / City Engineer will require the developer / property owner to provide full reconstruction as provided for in these conditions of approval. The existing pavement shall be cored during project construction to confirm the structural section, and any findings shall be incorporated into project design. The Public Works Director / City Engineer shall have the final approval for all road conditions. 176.Signing and Striping – A signing and striping plan for the required improved roadways is required for this project along the project frontage, onsite, and off-site transitions to existing striping. The applicant shall be responsible for any additional paving and/or striping removal caused by the striping plan. The Signing and Striping Plan shall be approved by the City Engineer in accordance with City ordinances, standards, and specifications, and with the latest edition of the CAMUTCD. Raised median curb shall be required at Menifee Road, Briggs Road and HWY-74 to restrict left out/in movements, unless otherwise approved by City Engineer at intersections on a case-by-case basis. 177.Traffic Signal – The applicant shall be responsible for the construction of a new traffic signals at the following intersections in the project’s ultimate build-out, consistent with the findings of the approved Traffic Study. The traffic signal plan shall be approved by the Public Works Director / City Engineer. The developer shall be reimbursed or provided traffic DIF Credit if applicable in accordance with City DIF policies for the construction of applicable signals. Timing of signals as determined by the Development Agreement. Note that following Signals only pertain to the frontage/Backbone improvements. Further Item Title: 11.1
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signals and modifications shall be constructed as needed in accordance with the approved Traffic Study or modified studies that are reviewed and approved by the City of Menifee. a. Briggs Road and McLaughlin Road
b. Briggs Road and Project Driveway 5/Meadow Oak Street c. Briggs Road and Project Driveway 7/Hillridge Street
d. Briggs Road and Matthews Road
e. Menifee Road and McLaughlin Road
f. Menifee Road and Project Driveway 1
g. Malaga Road and Highway 74
h. Modification to Signal at Menifee Road and Biscayne Road i. Modification to Signal at McKinley Road and Highway 74 j. Modification to Signal at Briggs Road and Highway 74 k. Modification to Signal at Menifee Road and Highway 74 All new traffic signals and traffic signal modifications required for construction by this development project shall include traffic signal communication infrastructure, network equipment, and Advanced Traffic Management System (ATMS) license software. Said traffic signal control devices shall be submitted with the traffic signal design plans and shall be approved by the Public Works Director / City Engineer, prior to testing of a new traffic signal. Traffic signal poles shall be placed at the ultimate locations when appropriate.
178.Construction of Street and Wet Utility Improvements – The developer / property owner shall design and construct the following improvements:
a. In-Tract Improvements - Construct all street, storm, sewer, water, park, and wall improvements to public agency engineering standards. This includes the following street improvements:
i. Malaga Road – The developer / property owner shall construct Malaga road to its Ultimate width per City standards within the project limits (City Standard 112). Malaga Road is Classified as a collector roadway per the city’s circulation element. Note that enhanced intersections exceeding general plan requirements may be required as detailed in the Traffic Study.
ii. McLaughlin Road - The developer / property owner shall construct McLaughlin Road to its Ultimate width per City standards within the project limits (City Standard 112). Malaga Road is Classified as a collector roadway per the city’s circulation element. Note that enhanced intersections exceeding general plan requirements may be required as detailed in the Traffic Study.
b. Project Frontage Improvements – The developer / property owner shall construct frontage roads to its ultimate half-width plus 12 feet per City Standards along its entire project frontage, except as detailed below and as determined by the City Engineer. i. Menifee Road – The developer / property owner shall construct Menifee Road from Highway 74 to the projects southern limits, with appropriate transitions back to existing roadway. Menifee shall be improved to include; Three Northbound Lanes, Two Southbound Lanes, and a Item Title: 11.1
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raised median. While not ultimate improvements, roadway shall be consistent with City of Menifee General Plan Urban Arterial Roadway Classification (City Standard 96). Enhanced intersections shall be constructed as deemed necessary by the Traffic Study.
ii. Briggs Road- The developer / property owner shall construct Briggs Road to its Ultimate Half-Width + 12’ per City standards within the project limits with appropriate transitions back to existing roadway improvements. Briggs Road is Classified as a major divided roadway per the city’s circulation element (City Standard 110). Note that enhanced intersections exceeding general plan requirements may be required as detailed in the Traffic Study.
iii. Briggs Road (Southern Boundary) – Given constraints of the existing roadway and terrain, the City of Menifee may opt to approve a modified Major Roadway Section as needed during final engineering. All final approvals must be reviewed and approved by the Public Works Director / City Engineer.
iv. Highway 74 - The developer / property owner shall construct Highway 74 to its Ultimate Half-Width + 12’ per City standards within the project limits with appropriate transitions back to existing roadway improvements. Areas with existing medians may be may be modified to exclude the +12’ beyond the median, as approved by the Public Works Director / City Engineer. Highway 74 is Classified as an expressway divided roadway per the city’s circulation element (City Standard 91), and under the jurisdiction of Caltrans. Improvements shall be approved by both Caltrans and the City of Menifee. Note that enhanced intersections exceeding general plan requirements may be required as detailed in the Traffic Study.

The required improvements shall include the construction of appropriate pavement transitions from the new improvements to existing improvements beyond the project frontage. The design of the transitions shall be in accordance with the CA Highway Design Manual, finalized during review of final construction drawings, and approved by the Public Works Director / City Engineer.
v. Raised Medians – The developer / property owner shall construct a raised median on Menifee Road, Highway 74, and Briggs Road along the project frontage as approved by the Public Works Director / City Engineer.
vi. Intersection Geometrics – The developer / property owner shall construct roadway intersections along the project frontages with geometrics consistent with the findings of the approved Traffic Study, as approved by the Public works Director / City Engineer. 179.TUMF Improvement and Credit Agreement for Highway 74 and Briggs Road Improvements– Highway 74 and Briggs Road are a qualified TUMF facility. The developer may qualify for credit for constructing required improvements, and any other Item Title: 11.1
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applicable roadway improvements required by the Traffic Study. To obtain credit for TUMF eligible facilities, the developer shall enter into a three party TUMF Improvement and Credit Agreement with WRCOG and the City of Menifee, prior to issuance of a building permit. The agreement shall be in accordance with City Ordinances and WRCOG Administrative Policy. The agreement requires WRCOG approval and City Council action. 180.Cost Participation through Payment of TUMF and DIF for Offsite Improvements- The developer/property owner’s TUMF and DIF payment obligations shall be considered as cost participation for Project’s required offsite improvements only when the offsite improvements for which credits are claimed, are eligible TUMF and/or DIF facilities at time of TUMF and DIF payments.
181.Off-site Improvements – As detailed in the approved Traffic Study, the developer / property owner of these subdivided parcels shall be responsible for significant offsite improvements and fair share contributions in the Menifee Valley Project Buildout. The full scope of these improvements shall be determined as a part of a Development Agreement between the developer / property owner and the City of Menifee. Timing of individual improvements shall be determined as part of the development of each subdivided property, as approved by the Public Works Director / City Engineer. 182.Landscaping on Frontage - The parkway areas within the public right-of-way or landscape easements fronting the entire property, shall be landscaped and irrigated per City standards and guidelines. -These areas shall be maintained by the CFD or HOA.

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Section III:

Community Development
Department – Building and Safety
Division
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183.Final Building & Safety Conditions. Final Building & Safety Conditions will be addressed when building construction plans are submitted to Building & Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 184.Compliance with Code. All Design components shall comply with applicable provisions of the 2022 edition of the California Building, Plumbing and Mechanical Codes; 2022 California Electrical Code; California Administrative Code, 2022 California Energy Codes, 2022 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Menifee Municipal Code. If a code cycle changes prior to submission of any plans or documents, the plans submitted shall be updated to the current State of California, Title 24, Code of Regulations, City of Menifee Ordinance, or any other state, federal, or city requirements.

185.Photovoltaic System. A photovoltaic (PV) system shall be installed on the newly constructed dwelling units per State of California Assembly Bill 178 (AB-178). The PV plans may be deferred. The proposed location of the PV system shall be shown on the first submittal of the dwelling construction plans for review. Any deferred PV system plans shall be submitted and approved prior to the rough electrical inspection of the ADU. 186.County of Riverside Mount Palomar Ordinance. Applicant shall submit, at the time of plan review, a complete exterior site lighting plan with a “photometric study” showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building & Safety Department. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way.

All exterior LED light fixtures shall be 3,000 kelvin and below. 187.Street Name Addressing. Applicant must obtain street name addressing for all proposed buildings by requesting street name addressing and submitting a site plan for commercial, residential/tract, or multi-family residential projects. 188.Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 189.Obtaining Separate Approvals and Permits. The recreation center, pools, and other associated structures and amenities for the recreation center shall be permitted separately. Temporary construction/sales trailers, temporary power poles/generators, trash enclosures, patio covers, light standards, building and monument signage, and any block walls will require separate approvals and permits. All parks that are a part of the development shall be permitted separately.
190.Private Sanitary Sewer and Domestic Water Plan Approvals. (If Applicable) On-site private sanitary sewer and domestic water plans will require separate approvals and permits from Building and Safety. One (1) set of digital or six (6) sets of plans shall be submitted.
191.Demolition. (If applicable) Demolition permits require separate approvals and permits.

AQMD notification and approval may be required.

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Section IV:

Office of the Fire Marshal
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It is the responsibility of the recipient of these Fire Department comments to forward then to all interested parties. The permit number (as it is noted above) is required on all correspondence.

Additional information is available at our website: www.rvcfire.org Questions should be directed to the Riverside County Fire Department, Office of the Fire Marshal at City of Menifee 29844 Haun Rd., Menifee, CA 92586. Phone (951)723-3767 With respect to the conditions of approval for the referenced project, the Fire Department requires the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards:
192. BLUE DOT REFLECTORS- Blue retro-reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department.
193. Final fire and life safety conditions will be addressed when the Office of the Fire Marshal reviews building plans. These conditions will be based on occupancy, use, California Building Code (CBC), California Fire Code (CFC), and related codes, which are in effect at the time of building plan submittal.
194. Minimum fire flow for the construction of all commercial buildings is required per CFC Appendix B and Table B105.1. Prior to building permit issuance, the applicant/developer shall provide documentation to show there exists a water system capable of delivering the fire flow based on the information given. Subsequent design changes may increase or decrease the required fire flow.
195. Prior to building construction, fire apparatus access roads extending beyond 150 feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 503.2.5)
196. If construction is phased, each phase shall provide approved emergency vehicular access for fire protection prior to any building construction. (CFC 501.4) 197. Prior to issuance of Building Permits, an approved site plan for fire apparatus access roads and signage shall be submitted and approved by the Office of the Fire Marshal. (CFC 501.3)
198. The Fire Apparatus Access Road shall be (all weather surface) capable of sustaining an imposed load of 80,000 lbs. GVW. The fire apparatus access road or temporary access road shall be reviewed and approved by the Office of the Fire Marshal and in place during the time of construction. (CFC 501.4)
199. Fire apparatus access roads shall have an unobstructed width of not less than twenty– four (24) feet as approved by the Office of the Fire Marshal and an unobstructed vertical clearance of not less the thirteen (13) feet six (6) inches. 200. Requests for installation of traffic calming designs/devices on fire apparatus access roads shall be submitted and approved by the Office of the Fire Marshal.

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Menifee Valley Specific Plan
Item Page Number: 566

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If any of the conditions are unclear, difficult to understand, or you would like to set up a meeting, please contact me at (951) 723-3767 so that I can better assist you in the approval of this project.

Item Title: 11.1
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Item Page Number: 567

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Section V:

Outside Agency Letters
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201.

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The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. _______________________________________________ ___________________ Signed Date
_______________________________________________ ___________________ Name (please print) Title (please print)
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ORDINANCE NO. 2024- ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA APPROVING DEVELOPMENT AGREEMENT NO. PLN 21-
0338 BY AND BETWEEN THE CITY OF MENIFEE AND MINOR RANCH, LLC
WHEREAS, on June 8, 2021, the applicant, Minor Ranch, LLC (“Applicant”) filed a formal application with the City of Menifee for Development Agreement No. PLN 21- 0338 which proposes a statutory development agreement between the Applicant and the City of Menifee (“Development Agreement” or “DA”) concerning the development of The Menifee Valley Specific Plan (MVSP) (“Project”) for establishment of provision for development of the Project such as, but not limited to infrastructure improvement, park benefits, vesting of development rights and timing of public improvements; and WHEREAS, the application for the DA is being processed concurrently with applications for a Specific Plan No. PLN 21-0217 which establishes land uses and development standards for 590.3 acres, including the Project area, a General Plan Amendment (GPA) No. PLN 21-0336 to change the General Plan land use map to include the MVSP land use designation and remove the portion of Menifee Valley Ranch Specific Plan No. 301 (SP 301) proposed to be removed under Specific Plan Amendment (SPA) No. PLN 21-0221, a Change of Zone (CZ) No. PLN 21-0335 to revise the City Zoning Map to include the MVSP zone, a SPA No. PLN 21-0221) (listed above), a Tentative Tract Map (TTM) No. PLN 22-0033 for a subdivision for conveyance purposes and mass grading, and a DA No. PLN 21-0338 for the establishment of provision for development of the Project such as, but not limited to infrastructure improvement, park benefits, vesting of development rights and timing of public improvements (collectively, the applications are referred to as the “Project,” “Menifee Valley Specific Plan,” or “MVSP”); and WHEREAS, City has found that development agreements will strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved; and
WHEREAS, on January 10, 2024, the Planning Commission, held a duly noticed Public Hearing on the Project, considered all public testimony as well as materials in the staff report and accompanying documents, which hearing was publicly noticed by a publication in The Press Enterprise (a newspaper of general circulation), an agenda posting, notices placed on the project site, and notice to property owners within 300 feet of the Project boundaries, and to persons requesting public notice; and WHEREAS, at the January 10, 2024 Planning Commission public hearing, based upon the materials in the staff report and accompanying documents, public comments, and Planning Commission discussion, the City of Menifee Planning Commission recommended the City Council approve DA No. PLN 21-0338; and WHEREAS, on February 7, 2024, the City Council held a duly noticed public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for the Project, which hearing was publicly noticed in The Press Enterprise, a newspaper of general circulation, an agenda posting, on-site posting, notice to property owners within 300 feet of the Project boundaries, and to persons requesting public notice; and
Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 593

Menifee Mayor and City Council
February 7, 2024
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Menifee Valley Specific Plan - DA
February 7, 2024
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7 WHEREAS, the DA has been prepared, processed, reviewed, heard, and approved in accordance with applicable law, including but not limited to Section 65864 et seq. of the Government Code and is attached hereto as “Exhibit A” of this Ordinance.

NOW, THEREFORE, the City Council of the City of Menifee does ordain as follows:

Section 1: The proposed DA is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan.

The proposed DA provides for the following key points:
• 15-year agreement with option for an additional 5 years subject to completion of minimum 75,000 SF of commercial retail.
• Development Impact Fees (DIF) credits based on facility construction. • Public facility site dedication of graded pad with utilities. • Fire Station cash contribution for City construction of the station. • Pre-established timelines for completion of the sports park, aquatics center, pedestrian bridge, paseos, private recreation center/clubhouse, and retail commercial spaces.
• Administrative approvals and allowances for subsequent approvals with specific conditions.
• Plan check/inspection effort to maintain 3 week/2week timeframe. • Transportation improvements constructed pursuant to specific development milestones.

The DA also ensures the following project economic impacts:
• Excess Public benefits of $37 million
• Payment of DIF and Transportation Uniform Mitigation Fees (TUMF) estimated at over $65 million
• Payment of fair share contributions in excess of $4.7 million The Project is consistent with the Specific Plan land use designation. In addition, the Project will provide the residential uses envisioned in the General Plan and will generating economic growth and supplying needed infrastructure, services and amenities envisioned in the General Plan.

In addition, the Project and associated DA are consistent with the following City of Menifee General Plan policies:
•Policy LU-1.1: Concentrate growth in strategic locations to help preserve rural areas, create place and identity, provide infrastructure efficiently, and foster the use of transit options.

The Project places appropriate uses within an area designated Specific Plan per the General Plan. Growth has been concentrated in this strategic location to help preserve rural areas. Through the land use plan, development standards, and the design guidelines, the Specific Plan will create a unique place and develop its own identity. The Land Use Plan, Circulation Plan, Grading Plan, and Phasing Plan of the Item Title: 11.1
Menifee Valley Specific Plan
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7 Specific Plan will ensure that that development will provide infrastructure efficiently. A combination of pathways, paseos, walkways, or similar pedestrian accesses are provided that connect the individual Planning Areas in the Specific Plan to commercial areas and recreation areas.

The DA implements and is consistent with Land Use Plan, Circulation Plan, Grading Plan, and Phasing Plan of the Specific Plan. •Policy LU-1.2: Provide a spectrum of housing types and price ranges that match the jobs in the city and make it possible for people to live and work in Menifee and maintain a high quality of life.

The Project provides a variety of lot sizes that can accommodate different housing types and price ranges. The Project contains residential, school, recreation, conservation, public facility civic node, business park, and commercial uses, which makes it possible for people to live and work in Menifee and maintain a high quality of life. •Policy LU-1.5: Support development and land use patterns, where appropriate, that reduce reliance on the automobile and capitalize on multimodal transportation opportunities.

The Project provides pedestrian connections, trails, and bike lanes to facilitate multimodal transportation. The Project was designed to promote walkability. In addition, a pedestrian connection was added from the residential portion to the future potential transit stop at the southwest corner of the Project site adjacent to the existing rail lines. In addition, the Project site provides paths of travel to encourage walking of future residents to the future commercial uses and the existing sports park within the Heritage Lake community to the south across the BNSFRR rail lines.
•LU-1.7 Ensure neighborhood amenities and public facilities (natural open space areas, parks, libraries, schools, trails, etc.) are distributed equitably throughout the City.

The proposed Project provides planning areas which allow for and anticipate these types of amenities and public facilities, such as a K-5 school, green spaces, recreational amenities, and agri-commerical uses such as a community farm. The parks and paseos are distributed strategically through the Project area so that recreational amenities are nearby residents.
•LU-2.1 Promote infill development that complements existing neighborhoods and surrounding areas. Infill development and future growth in Menifee is strongly encouraged to locate within EDC areas to preserve the rural character of rural, estate, and small estate residential uses.

The proposed Project is located within an urbanized area, surrounded by SR-74, Menifee Road, BNSFRR rail lines, and Briggs Road. The Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 595

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Menifee Valley Specific Plan - DA
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7 areas surrounding the Project site consist of a mix of land uses, including industrial, residential, and public/quasi-public facilities. The proposed Project will promote infill development and complement these existing and proposed adjacent land uses.
•Policy C-1.1 Require roadways to: Comply with federal, state and local design and safety standards.

The TTM proposes improvements for roadways, including but not limited to, Menifee Road, Briggs Road, McCall Boulevard, SR-74, McLaughlin Road and Matthews Road/Case Road, which are
consistent with the City’s General Plan and the City’s Public Works and Engineering Department Standard Details.
•Policy C-2.2 Provide off-street multipurpose trails and on-street bike lanes as our primary paths of citywide travel and explore the shared use of low-speed roadways for connectivity wherever it is safe to do so.

The Project provides bike lanes and trails consistent with the General Plan.
•Policy CD-1.3: Strengthen the identity of individual
neighborhoods/communities with entry monuments, flags, street signs, and/or special tree streets, landscaping, and lighting.

The Project includes entry monuments with a common architectural theme that will strengthen the identity of the development. Special trees and landscaping have been incorporated into the overall design and streetscapes. Expanded parkways are also included on several streets to enhance the streetscapes. A round-about is provided within the Project to add to the community identity as well.
•CD-3.8 Design retention/detention basins to be visually attractive and well integrated with any associated project and with adjacent land uses.

The MVSP has been designed to include substantial landscaping and to be screened from adjacent roadways.
•CD-6.1 Recognize the importance of street trees in the aesthetic appeal of residential neighborhoods and require the planting of street trees throughout the City.

The proposed Project will include street trees throughout the project site.
•HE-2.4 Parks and Recreation. Enhance neighborhood livability and sustainability by providing parks and open spaces, planting trees, greening parkways, and maintaining a continuous pattern of paths that encourage an active, healthy lifestyle.

Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 596

Menifee Mayor and City Council
February 7, 2024
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Menifee Valley Specific Plan - DA
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7 As described above, the Project provides parks and open spaces, including expanded parkways, trees and a pattern of pathways that encourage an active healthy lifestyle.
•HE-2.5 Public Facilities and Infrastructure. Provide quality community facilities, infrastructure, traffic management, public safety, and other services to promote and improve the livability, safety, and vitality of residential neighborhoods.

The Project incorporates quality community facilities, including parks, is conditioned to install infrastructure including sewer, water, roadways, and will promote and improve the livability, safety and vitality of the proposed residential neighborhoods and surrounding existing neighborhoods.
•OSC-1.2: Require a minimum of five acres of public open space to be provided for every 1,000 City residents.

Menifee Municipal Code requires 5 acres of parkland for every 1,000 residents. The overall Specific Plan proposes 1,718 dwelling units with an estimate of 5,220 residents 1 (using 3.12 person per single-family residential household and 2.48 persons per multi-family household) 2.

Based on the proposed residents, 26.1 acres of parkland would be required. The proposed Specific Plan proposes 29.8 acres of public parkland (Planning Areas 7A, 8A, and 8B) on the project site.

Section 2:Consistency with the Zoning Code. The proposed DA is compatible with uses authorized in, and the regulations prescribed for, the zone in which the real property will be located.

The General Plan land use and zoning designation of the site is SP 301; however, the proposed DA is being concurrently processed with a SPA to remove the Project site from SP 301 and a Specific Plan application to include the Project site within a new Specific Plan (MVSP). In addition, the Project is being processed concurrently with a GPA to change the General Plan land use map to include the MVSP land use designation and remove the portion of SP 301 proposed to be removed under SPA No. PLN 21-0221 and a CZ to revise the City Zoning Map to include the MVSP zone. The Specific Plan includes the allowed uses and development standards applicable to property within the Specific Plan.

The DA contains administrative approvals and allowances for subsequent approvals with specific conditions, which would supersede the City current 1 87.2 percent of residential development is single-family; 12.8 percent of residential development is multi-family (per the MVSP)

87.2% * 1,718 =1,498 single-family units; 12.8% * 1,718 = 220 multi-family units

3.12 persons per unit * 1,498 units = 4,674 persons (single-family households); 2.48 persons per unit * 220 units = 546 persons (multi-family households)
4,674 + 546 = 5,220 persons
2 United States Census Bureau. 2019. 2015-2019 5-Year Estimates. Table DP02. https://data.census.gov/cedsci/table?q=persons%20per%20household&t=Family%20Size%20and%20T ype%3AHousehold%20and%20Family&g=1600000US0646842&tid=ACSDP1Y2019.DP02&moe=false.

Accessed March 2, 2022.

Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 597

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February 7, 2024
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7 Zoning Code. However, the DA will strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved.

Section 3:The proposed DA is in conformity with and will promote public convenience, general welfare and good land use practice.

The Project would facilitate the development of a Specific Plan that includes a mix of land uses, including industrial, residential, commercial, and public/quasi-public facilities. The residential uses proposed are similar to existing development surrounding the Project site. Commercial uses proposed within the Project are located adjacent to SR-74 away from existing and planned residences and a buffer is established between the industrial park component of the Project and existing and proposed residential uses.

The Project is compatible with the surrounding land uses, general plan land use designations and zoning classifications. The Project incorporates quality design, trails, parks, landscaping and other improvements which will enhance the area upon construction. The proposed DA provides for the orderly construction of road improvements, utilities, drainage and other improvements. The proposed DA is consistent with the Specific Plan and will assist the Applicants in implementation of the Specific Plan. The proposed DA is in conformity with and will promote public convenience, general welfare and good land use practice.

Section 4:The DA will not create conditions materially detrimental to the public health, safety and general welfare within the City.

The DA will not result in conditions detrimental to public health, safety, or general welfare. The associated entitlements have been reviewed and conditioned by the City of Menifee Community Development Department, Engineering, and Office of the Fire Marshal to ensure that it will not create conditions materially detrimental to the surrounding uses. Conditions of approval include substantial landscaping, park and other amenities to support the proposed residential component, roadway improvements consistent with the General Plan, expanded sidewalks and a network of bike lanes to encourage non-vehicular travel, fire infrastructure, and drainage improvements that will benefit the project site and surrounding areas.

In addition, environmental impacts resulting from the implementation of the Project have been analyzed in an Environmental Impact Report (EIR). The EIR determined that potential impacts would all be less than significant with the necessary mitigation incorporated, except for significant and unavoidable impacts to Air Quality, Greenhouse Gas, Land Use and Planning and Transportation.

A Statement of Overriding Considerations is included for the EIR stating that the impacts of the project are acceptable and outweighed by the benefits of Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 598

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7 the Project. With the exception of these environmental categories (Air Quality, Greenhouse Gas, Land Use and Planning and Transportation) the proposed entitlements are not anticipated to create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity.

The proposed DA does not contain any provisions that would create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the Project vicinity and within the City.

Section 5:Orderly Development. The DA would not adversely affect the orderly development of property and surrounding area, or the preservation of property values.

The proposed DA would assist with and would not interfere with the Specific Plan and implementing maps/land use entitlements. The timing of infrastructure, including parks, was carefully considered and coordinated consistent with the EIR for the Project and Project construction and phasing.

Therefore, the DA would not adversely affect the orderly development of the surrounding area. The proposed DA would not alter the land uses as proposed in the Specific Plan. The proposed DA would not conflict with surrounding existing and planned land uses and would not have the potential to adversely affect property values. The proposed DA would assist with the implementation of the Specific Plan, which includes improvements to surrounding roads and the construction of parks. The improvements associated with the Specific Plan implementation are anticipated to enhance and improve the surrounding area and not adversely affect property values.

Section 6:Encourage Development. The DA would promote and encourage the development of the proposed project by providing a greater degree of requisite certainty.

The assurances provided to the Applicant through the proposed DA, such as vesting and timing for public improvements, would provide greater certainty and reduced risk that would encourage development as approved under the Specific Plan and the infrastructure associated with it that would serve the surrounding area.

Section 7:The proposed DA that includes a subdivision, and any tentative map prepared for the subdivision, will comply with the provisions in Government Code Section 66473.7.

The DA includes a subdivision as described above. A Water Supply Assessment was prepared and approved by the Eastern Municipal Water District for the project. The Project complies with the provisions of Government Code Section 66473.7
Section 8: California Environmental Quality Act (CEQA) Compliance. The MVSP EIR (SCH# 2022030233) has been completed for the Project and certified by the City Council pursuant to a separate Resolution. The DA at issue is consistent with the EIR, which the City Council has considered as part of its proceedings. The EIR includes a finding made Item Title: 11.1
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Item Page Number: 599

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7 pursuant to Cal. Pub. Res. Code Section 21081 (a)(3) that specific economic, social, or other considerations make infeasible mitigation measures or Project alternatives identified in the EIR.

Section 9: Adoption of the Development Agreement. The City Council finds that the facts present within the public record and within this Ordinance provide the basis to adopt DA No. PLN 21-0338.

Section 10: The City Manager, or his or her designee, is directed and authorized to do all the following:
a. Make all necessary and appropriate clerical, typographical, and formatting corrections to the adopted First Amendment to Development Agreement No. 21- 0338 prior to execution and recording; and
b. To implement the Development Agreement, in accordance with its terms.

Section 11. Recording. Pursuant to Government Code Section 65868.5 and Section

9.45.150 of the Menifee Municipal Code, the City Clerk shall prepare a final version of the Development Agreement for recording within ten (10) days of the Effective Date that fully reflects the action of the City Council in adopting the Development Agreement.

Section 12: Effective Date.

The Ordinance shall take effect and be in full force and operation thirty (30) days after its second reading and adoption.

Section 13: 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, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivision, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 14: Notice of Adoption.

The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933(c).

Section 15: The documents and materials that constitute the record of proceedings on which this Ordinance has been based are located at the Community Development Department – Planning Division, 29844 Haun Road, Menifee, CA 92586. This information is provided in compliance with Public Resources Code Section 21081.6.

THIS ORDINANCE WAS INTRODUCED AND READ on the 7 th day of February 2024 and PASSED, APPROVED AND ADOPTED this 21st day of February 2024.

Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 600

Menifee Mayor and City Council
February 7, 2024
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Menifee Valley Specific Plan - DA
February 7, 2024
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7 _________________________
Bill Zimmerman, Mayor
Attest:
_________________________________
Sarah Manwaring, City Clerk
Approved as to form:
_________________________________
Jeffrey T. Melching, City Attorney
Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 601

Menifee Mayor and City Council
February 7, 2024
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1 PLEASE RECORD AND WHEN RECORDED
RETURN TO:

CITY OF MENIFEE
29844 Haun Road
Menifee, CA 92586
Attn: City Attorney

MENIFEE VALLEY SPECIFIC PLAN

DEVELOPMENT AGREEMENT
This Development Agreement (“Agreement”) is entered into on ______, 2024, by and between (1) the CITY OF MENIFEE ( “City”), a municipal corporation of the State of California, and (2) Minor Ranch LLC, a Delaware limited liability company (“Developer”).

RECITALS
A. Developer owns in fee all of the real property described on Exhibit A and depicted on Exhibit B, consisting of approximately 578 gross acres of land area located in the City of Menifee, County of Riverside, State of California (“Property”).

B. Developer, desires to develop the Property with up to 1,718 dwelling units (providing an array of housing types and neighborhood amenities, including greenbelts, trails, a public sports park, open space, and an elementary school) within the southerly and easterly portions of the Property and civic node public facilities, business park, commercial business park, and commercial areas within the northerly and westerly portions of the Property.

C. The Planning and Zoning approvals for the development of Developer’s proposed project on the Property obtained prior to the Effective Date of this Agreement (collectively, the “Development Approvals”) include but are not limited to the following:
i. General Plan Amendment (GPA) No. PLN 21-0336 to revise the General Plan land use map to include the proposed Menifee Valley Specific Plan No. PLN 21- 0217 designation and to remove the portion of Specific Plan No. 301 proposed to be removed under Specific Plan Amendment No. PLN 21-0221 (as described below). ii. Change of Zone (CZ) No. PLN 21-0335 making revisions to the zoning ordinance text of Specific Plan No. 301 to reflect the Amendment and to revise the City Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 602

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2 Zoning Map to include the Menifee Valley Specific Plan (Specific Plan No. PLN 21-0217) and to remove the portion of Specific Plan No. 301 removed under Specific Plan Amendment No. PLN 21-0221.
iii. Specific Plan Amendment No. PLN 21-0221 removing the Property from Specific Plan No. 301.
iv. Specific Plan No. PLN 21-0217 adopting a separate and distinct Menifee Valley Specific Plan (“MVSP”) on the Property. The MVSP Land Use Plan divides the Property into 15 “Planning Areas”. The southerly and easterly portions of the Property will accommodate up to 1,718 dwelling units (with an array of housing types and neighborhood amenities, including greenbelts, trails, a public sports park, open space, and an elementary school) and the northerly and westerly portions of the Property will accommodate civic node public facilities, business park, commercial business park, and commercial areas.
v. Tentative Tract Map No. PLN 22-0033 establishing the boundaries and dimension of lots and streets and the proposed grading for the Menifee Valley Specific Plan (Specific Plan No. PLN 21-0217). Following map recordation, the final map will become the legal document that identifies developable lots within the Specific Plan. vi. Development Agreement No. PLN 21-0338 approving a Development Agreement between Developer and the City of Menifee.
vii. Environmental Clearance Document: The Menifee Valley Specific Plan Environmental Impact Report, State Clearinghouse Number 2022-030233, together with its associated findings of fact and mitigation monitoring and reporting program has been certified by the City Council.

D. Subject to the Development Approvals, Developer intends to develop a project on the Property that shall remain within the following parameters (collectively, “Core Project Characteristics”):
i. Variety of Residential Housing Types: Developer proposes six Planning Areas (Planning Areas 1 through 6 as designated in the MVSP) which shall accommodate single- and multi-family residential homes, as well as residential neighborhood amenities that include but are not limited to: a private recreation center, greenbelts, a dog park, and an agriculture-themed business area that could include farm/produce stands, a garden/growing area, and small commercial and non-commercial animal keeping. ii. Retail and Service Commercial Frontage along Highway 74: Developer proposes approximately 42 acres of retail and service commercial within Planning Area 13 (as designated in the MVSP), with up to 560,000 sq. ft. of building space. Buildings are Item Title: 11.1
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2 anticipated to accommodate a mixture of commercial, retail and small business incubator uses. Agri-commercial uses are also permitted in Planning Area 13. iii. Job Creating Warehouse/Manufacturing/Industrial: Developer proposes up to 4,360,000 sq. ft. of building space within Planning Areas 10 and 11 (as designated in the MVSP). Buildings are anticipated to accommodate a mixture of general light industrial, manufacturing, warehouse/storage, fulfillment center, and e-commerce operations.

Building sizes will vary and have the potential to reach over 1,000,000 sq. ft. Within Planning Area 12 (as designated in the MVSP), Developer proposes up to 1,150,000 sq. ft. of building space anticipated to accommodate business park, commercial, retail, incubator, and small -scale light industrial. General light industrial, manufacturing, warehouse/storage, fulfillment center, and e-commerce operations are permitted in these locations except within distances as specified in Specific Plan, Section 4.0, to residential uses and Heritage High School.
iv. Public Amenities including Community Park with Pedestrian Bridge, Fire Station/Transit Facility, Linear/Pocket Parks: Planning Areas 7A, 7B, 8A, and 8B (as designated in the MVSP) provide 29.8 acres of Open Space-Recreation (OS-R) and 14.7 acres of Open Space-Conservation (OS-C) land uses in the southern portion of the Property. In total, the Open Space land uses represent 44.5 acres of the Property. Planning Area 9 (as designated in the MVSP) represents 5.3 acres in the southwestern corner of the Property area and is designated as a Civic Node Public Facility (PF) site for the location of a fire station or similar public service use. A passenger stop for trains using the rail line also could occur in this location.
v. Public Infrastructure On and Off-site: The Project will include the construction of public roads bordering and internal to the Property, including Highway 74, Menifee Road, Briggs Road, Malaga Road, and McLaughlin Road. The Project will also include improvements to offsite public roads including, but not limited to, McLaughlin Road from Menifee Road to Case/Matthews Road, Case/Matthews Road from the future extension of McLaughlin Road to approximately 250 feet south of Ethanac Road, and McCall Boulevard from Encanto Drive to Menifee Road.

E. Government Code Sections 65864 et seq. (“Development Agreement Law”) authorize City to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning, and reducing the economic costs of such development. Developer and City have agreed to enter into this Development Agreement to memorialize and secure the respective expectations of City and Developer.

F. The City Council has found that this Agreement is in the best public interest of City and its residents. Approving this Agreement constitutes a present exercise of City’s authority to protect the public health, safety, and welfare, and the Project is consistent with the goals and Item Title: 11.1
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2 policies of City’s General Plan and imposes appropriate standards and requirements with respect to the Development of the Property in order to maintain the overall quality of life and of the environment within City. Prior to its approval of this Agreement, City considered the environmental impacts of the Project and completed its environmental review of the Project.

G. On _______, the Planning Commission of City held a public hearing on Developer’s application for approval of this Agreement, made certain findings and determinations with respect thereto, and adopted Planning Commission Resolution No. ________, which recommended to the City Council that this Agreement be approved.

H. On __________, the City Council held a public hearing on Developer’s application for approval of this Agreement, considered the recommendations of the Planning Commission, and found that this Agreement is consistent with City’s General Plan. On ___________, the City Council introduced Ordinance No. _________, approving this Development Agreement for first reading. On __________, the City Council adopted Ordinance No. _________, which takes effect as of _______________.

COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. DEFINITIONS AND EXHIBITS.

1.1Definitions. This Agreement uses a number of terms having specific meanings, as defined below. These specially defined terms are distinguished by having the initial letter capitalized, or all letters capitalized, when used in the Agreement. The defined terms include the following:

1.1.1 “Actual Costs of Construction” means the sum of (i) hard and soft out-of- pocket costs paid to Unaffiliated third parties (including, without limitation, land use planning and engineering costs, land and right of way acquisition costs, utility easement acquisition costs, temporary construction easement costs, utility fees, construction and management costs, plan check, inspection, permit and construction fees); (ii) general conditions costs (to the extent not included in section “(i)” above, not to exceed five percent (5%) of hard costs); and (iii) an internal Developer project administration fee of up to three percent (3%) of the hard and soft costs set forth in (i) above to compensate Developer for performance of contract administration, bidding, accounting, design oversight, and project management. For the avoidance of doubt, the categories of costs set forth in clauses “(i)”, “(ii)”, and “(iii)” in the precedent sentence are mutually exclusive, and no cost in one category may be included in any other category. Actual Costs of Construction shall be evidenced by Developer’s submission of paid invoices or other documentation reasonably acceptable to City. Except as provided in clause (iii) above, internal project management and administrative costs and expenses paid to affiliates of Developer, if any, shall not be counted for purposes of the fee credit calculation.

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2 1.1.2 “Administrative Adjustment” means any amendment to this Agreement which in the context of the overall Project contemplated by this Agreement does not substantially affect (i) the Term of this Agreement; (ii) permitted uses of the Property, (iii) provisions for the reservation, dedication, or conveyance of land; (iv) conditions, terms, restrictions or requirements for subsequent discretionary actions; (v) the density or intensity of the use of the Property or the maximum height or size of proposed buildings; (vi) monetary contributions by Developer.

1.1.3 “Agreement” means this Development Agreement.

1.1.4 “Affiliate” means a person or entity that, directly or indirectly controls Developer, is controlled by Developer, or is, with Developer, under common control of another person or entity. Indicia of control include, without limitation, interlocking management or ownership; identity of interests among family members; shared facilities and equipment; common use of employees; and use of substantially the same management, ownership or principals as Developer.

1.1.5“Applicable Law” means all federal, state, and local laws and regulations applicable to the Project as of the Effective Date.

1.1.6“Certificate” means the “Certificate of Agreement Compliance” referred to in Section 4.4 of this Agreement.

1.1.7“Caltrans” means the California Department of Transportation.

1.1.8“Certificate of Occupancy” means a formal certificate of occupancy or any other authorization for operational use of a building, structure, or area within the Property.

1.1.9 “CFD” means a Community Facilities District allowed to be formed pursuant to the CFD Act by City.

1.1.10“CFD Act” means the Mello-Roos Community Facilities Act of 1982 (California Government Code Section 53311 et seq.) as may be amended from time to time.

1.1.11“City” means the City of Menifee, a municipal corporation of the State of California.

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

1.1.13 “City Parties” means the City, City Council, City officers, employees, attorneys and agents.

1.1.14 “Claim” means any claim, loss, cost, damage, expense, liability, lien, action, cause of action (whether in tort, contract, under statute, at law, in equity or otherwise), charge, award, assessment, fine or penalty of any kind (including consultant and expert fees, Legal Costs, and expenses and investigation costs of whatever kind or nature), and any judgment caused or initiated by a third party. Without limiting the foregoing, “Claims” include any matter that results or arises in any way from any of the Item Title: 11.1
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2 following: (1) the noncompliance by Developer or its contractor with any applicable local, state and/or federal law or regulation, including, without limitation, any applicable federal and/or state labor laws or regulations (including, without limitation, if applicable, the requirement to pay state and/or federal prevailing wages and hire apprentices); (2) the implementation of Labor Code Section 1720 et seq. and/or any other similar law or regulation; and/or (3) failure by Developer to provide any required disclosure or identification as required by Labor Code Sections 1720 et seq., as the same may be amended from time to time, or any other similar law or regulation.

1.1.15“Conceptual Phasing Plan” means the planned sequence and timing in which the Project may be constructed, as set forth in Exhibit C, which sequence and timing may be modified subject to any conditions reasonably imposed by City pursuant to Section

3.5. 1.1.16 “Conflict” as that term is used in Section 3.5 means any City-imposed modification that: (a) changes the permitted uses of the Property, the density and intensity of use (including, but not limited to, floor area ratios of buildings), or the maximum height and size of proposed buildings in a manner that is not consistent with the Development Plan; (b) imposes new or additional requirements, or changes existing requirements, for reservation or dedication of land for public purposes or requirements for infrastructure, public improvements, or public utilities that are not otherwise provided for pursuant Development Plan (subject to the reservation of authority in Section 3.5.1); (c) changes in conditions upon Development of the Project on the Property other than as permitted by Section 3.5.1; (d) expressly limits the timing, phasing, or rate of Development of the Property in a manner that is not consistent with the Development Plan; (e) limits the location of building sites, grading, or other improvements on the Property in a manner that is not consistent with the Development Plan; or (f) unreasonably limits the processing or procuring of applications and approvals of Subsequent Development Approvals.

1.1.17 “Costs” means quantifiable expenses of any kind, including without limitation the allocated value of staff time, amounts expended for consultant and/or legal services, acquisition expenses, and allocated overhead.

1.1.18 “Core Project Characteristics” means those core characteristics of the Project described in subparagraphs “i” through “v” of Recital D.

1.1.19 “Default” means the failure to perform any material duty or obligation set forth in this Agreement or to comply in good faith with the terms of this Agreement.

1.1.20 “Developer” means Minor Ranch LLC, a Delaware limited liability company, its Affiliates, and their successors in interest to all or any part of the Property.

1.1.21 “Development” means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping and all other facilities and improvements.

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2 “Development” also includes the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement, landscaping or facility after the construction and completion thereof.

1.1.22 “Development Approvals” means all permits, licenses, consents, rights and privileges, and other actions subject to approval or issuance by City in connection with Development of the Project on the Property issued by City on or before the Effective Date, including but not limited to the Development Approvals listed in Recital C, subparagraph “i” through “vii”.

1.1.23 “Development Agreement Law” means Government Code Section 65864 et seq. which govern the terms, procedures, and requirements for entering into statutory development agreements, including this Agreement.

1.1.24 “Development Impact Fees” means the monetary consideration charged by City in connection with a development project for the purpose of defraying all or a portion of the cost of mitigating the impacts of the Project and development of the public facilities related to Development of the Project. Development Impact Fees shall not include:
(i) City’s normal fees for processing, environmental assessment/review, tentative tracts/parcel map review, plan checking, site review, site approval, administrative review, building permit (plumbing, mechanical, electrical, building), inspection, and similar fees imposed to recover City’s Costs associated with processing, review, and inspection of applications, plans, specifications, etc.; and/or (ii) fees and charges levied by any other public agency, utility, district, or joint powers authority, whether or not such fees are collected by City.

1.1.25 “Development Plan” means the plan for Development of the Project on the Property which shall be subject to the Development Approvals, the Core Project Characteristics, the conceptual site plan included in the MVSP, the Mitigation Monitoring and Reporting Program on file with City and adopted and approved by City in connection with its approval of the Project, the Conceptual Phasing Plan attached as Exhibit C, the payment of Development Impact Fees, and the payment of fair share fees and completion of Offsite Improvements as described in Exhibit E and Section 5.3 of this Agreement, and the Land Use Regulations.

1.1.26 “Development Requirement” means any requirement of City in connection with or pursuant to any Development Approval for the dedication of land, the construction or improvement of public facilities, the payment of fees (including Development Impact Fees) or assessments in order to lessen, offset, mitigate or compensate for the impacts of Development on the environment, or the advancement of the public interest.

1.1.27 “Effective Date” means ______________, which is the date that the ordinance approving this Agreement becomes effective.

1.1.28 “Eligible TUMF Reimbursements/Credits” means the maximum amount of reimbursement and/or credits from the Transportation Uniform Mitigation Fee Program resulting from Developer’s construction of the McCall Boulevard Improvements, provided Item Title: 11.1
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2 that the amount of reimbursement and/or credit does not exceed the actual costs of construction of the McCall Boulevard Improvements.

1.1.29“Excess Contributions” means, to the extent they exceed, the difference between the actual cost of the community and area-wide infrastructure and park benefits as set forth within Exhibit F, and the cost of the Development Requirements City could otherwise impose on the Project.

1.1.30“Fair Share Fee” means the pro rata dollar amount and estimated fair share percent responsibility of the Project for the Offsite Improvements set forth in Schedule 2 of Exhibit E.

1.1.31“Fire Station / Public Facility Site” means the 5.3 acres located within Planning Area 9 (as designated in the MVSP), which shall be deeded to City as a separate legal lot, mass graded with frontage improvements and connections for all utility types stubbed to the property, and which is anticipated to contain a fire station, transit stop or other civic uses, and which will contain a maximum build-out of 120,000 sq. ft.

1.1.32“Forecasted Daily Trips” means the number of daily traffic trips estimated to be caused by the development included in a Subsequent Development Approval (i.e., home(s), building(s), park(s), or other use(s) or structure(s)), with such estimates based upon the methodology and data as is utilized in the TIA.

1.1.33 “Force Majeure Delay” means, pursuant to Section 11.12, a delay in performance of this Agreement caused by strikes; acts of God; a declaration of emergency as a result of a public health issue, including the occurrence of any pandemic; enemy action; civil disturbances; wars; terrorist acts; fire; unavoidable casualties; referenda; or mediation, arbitration, litigation, or other administrative or judicial proceeding commenced by a third party and involving the Development Approvals or Subsequent Development Approvals or this Agreement.

1.1.34 “Highway 74 Improvements” means all required frontage improvements and improvements identified in the TIA effecting Highway 74 that require permits and/or approvals from the Caltrans.

1.1.35 “Highway 74 Retail Commercial Project Component” means a retail/commercial center of approximately 20.67 acres that will consist of commercial retail uses that will total approximately 115,000 S.F. of development;

1.1.36 “Land Use Regulations” means all ordinances, resolutions, codes, rules, regulations, City adopted plans (including, but not limited to, trail plans and park master plans) and official policies of City adopted and effective on or before the Effective Date governing Development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement, grading, and construction standards and specifications applicable to the Development of the Property. “Land Use Regulations” Item Title: 11.1
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2 does not include any City ordinance, resolution, code, rule, regulation or official policy, governing:
(a) the conduct of businesses, professions, and occupations; (b) taxes and assessments;
(c) the control and abatement of nuisances;
(d) the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; (e) the exercise of the power of eminent domain; and
(f) the amount of processing fees or Development Impact Fees.

1.1.37 “Legal Costs” means for any Person, all actual and reasonable costs and expenses such Person incurs in any legal proceeding (or other matter for which such Person is entitled to be reimbursed for its Legal Costs), including reasonable attorneys’ fees, court costs and expenses, including in or as a result of any: (a) bankruptcy proceeding; (b) litigation between the Parties; (c) negotiating or documenting any agreement with a third party requested by the other Party; (d) requirement or request that such Person or its employees act as a witness in any proceeding regarding this Agreement or the other Party; and (e) review or approval that the other Party requests of such Person. All references to Legal Costs shall include the hourly rates and costs of contract general counsel to City or Developer, respectively, and the lawyers employed in the office of such general counsel who provide legal services regarding a particular matter, adjusted to or billed at an hourly rate and multiplied by the time spent on such matter rounded to increments of one-tenth (1/10) of an hour, in addition to Legal Costs of outside counsel retained by City or Developer, respectively, for such matter.

1.1.38 “LOS” means a qualitative description of traffic flow based on several factors such as speed, travel time, delay, and freedom to maneuver. Six levels are typically defined ranging from LOS “A”, representing completely free-flow conditions, to LOS “F”, representing breakdown in flow resulting in stop-and-go conditions. LOS “E” represents operations at or near capacity, an unstable level where vehicles are operating with the minimum spacing for maintaining uniform flow.

1.1.39 “McCall Boulevard Improvements” means those Offsite Improvements on and adjacent to McCall Boulevard that are imposed on the Project as identified in the TIA because (i) the Project adds traffic at an area with an already unacceptable LOS (i.e., LOS “F), and (ii) the improvements are necessary or appropriate to avoid an unacceptable LOS.

1.1.40“McCall Excess Contribution” means sixty three percent (63%) of the Developer’s Actual Costs of Construction of the McCall Boulevard Improvements.

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1.1.41 “Mitigation Measures” means those requirements imposed on the Project pursuant to , the Mitigation Monitoring and Reporting Program on file with City and adopted and approved by City in connection with its approval of the Project.

1.1.42 “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device, a lender or each of their respective successors and assigns.

1.1.43 “Municipal Code” means the Menifee Municipal Code as it existed on the Effective Date.

1.1.44 “MVSP” has the meaning assigned to that term in subparagraph iv of Recital C.

1.1.45 “Notice of Non-Compliance” as that term is used in Section 4.3 means a written notice specifying the grounds on which any Party concludes that the other Party has not complied in good faith with the terms of the Agreement, and providing all facts demonstrating such non-compliance.

1.1.46 “Offsite Improvements” means those improvements to be developed outside of the Property, as included on Exhibit E.

1.1.47“Paseo 8A” means the greenbelt of passive recreation, including a Class I bicycle trail, contiguous pedestrian trail, and landscaped green space within Planning Area 8A (as designated in the MVSP).

1.1.48“Paseo 8B” means the greenbelt of passive recreation, including a Class I bicycle trail, contiguous pedestrian trail, and landscaped green space within Planning Area 8B (as designated in the MVSP).

1.1.49 “Party” and “Parties” mean and refer to City and/or Developer, as context dictates, and their respective successors, assigns, and Affiliates.

1.1.50“Pedestrian Bridge” means the bridge that will cross over the Riverside County Transportation Commission (RCTC) railroad tracks to the south to connect the proposed greenbelt within Planning Area 8A (as designated in the MVSP) with an existing greenbelt system in the community of Heritage Lake, and provide for non-vehicular connectivity between the MVSP area and the community of Heritage Lake.

1.1.51 “Person” means any association, corporation, government, individual, joint venture, joint-stock company, limited liability company, partnership, trust, unincorporated organization or other entity of any kind.

1.1.52“Private Community Recreation Center / Clubhouse” means a private community recreation center, which may include a private pool(s) and clubhouse building that will be provided within the Residential (R) Planning Areas (i.e., Planning Areas 1, 2, 3, 4, 5 or 6) of the MVSP and serve the residents of the MVSP.

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1.1.53 “Project” means the Development of the Property consistent with the Development Plan.

1.1.54 “Property” means the real property described on Exhibit A and depicted on Exhibit B to this Agreement.

1.1.55 “Public Improvements Agreement” means an agreement in a form reasonably approved by the City Attorney that sets forth the procedures for design, construction, funding, and acceptance of those public improvements required to be constructed by Developer pursuant to this Agreement.

1.1.56 “RBBD” means a Road and Bridge Benefit District formed under or pursuant to Applicable Law, including without limitation Government Code Section 66484.

1.1.57 “Reservation of Authority” means the rights and authority excepted from the assurances and rights provided to Developer under this Agreement and reserved to City.

1.1.58“Sports/Aquatic Park” means the park that will be constructed within the approximately 16.7 acre area in Planning Area 7A (as designated in the MVSP). This public park will be designed to include ball fields, an aquatic center, playground equipment, parking and other associated amenities. This will serve as a public park.

1.1.59 “Subsequent Development Approvals” means all permits, licenses, consents, rights and privileges, and other actions subject to approval or issuance by City for the Development of the Project on the Property issued by City after the Effective Date.

1.1.60 “Subsequent Land Use Regulations” means all ordinances, codes, rules, regulations, City adopted plans and official policies of City adopted and effective after the Effective Date of this Agreement governing Development and use of the Property, including, without limitation, the permitted use of the Property, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement, and construction standards and specifications applicable to the Development of the Property; provided, however, that “Subsequent Land Use Regulations” do not include any City ordinance, resolution, code, rule, regulation or official policy, governing:
(a) the conduct of business, professions, and occupations; (b) taxes and assessments; (c) the control and abatement of nuisances; (d) the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or entry upon public property; (e) the exercise of the power of eminent domain; and (f) the amount of processing fees or Development Impact Fees.

1.1.61 “Term” means the period of time from the Effective Date until the expiration of this Agreement as provided in Section 2.3, or earlier termination as provided in Section 9.

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1.1.62 “TIA” means that certain Traffic Impact Analysis for the Menifee Valley Specific Plan, prepared by LSA Associates, dated September 2023, and on file with the City Clerk of the City of Menifee.

1.1.63 “Transfer” means sell, assign, or transfer.

1.1.64“Unaffiliated” means and refers to a person or entity that is not an Affiliate.

1.1.65 “Zoning Code” means the Title 9, Zoning of the Municipal Code.

1.2Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:

Exhibit A Legal Description of the Property
Exhibit B Map Showing Property and Its Location
Exhibit CConceptual Phasing Plan
Exhibit DRESERVED
Exhibit EOffsite Improvements and Fair Share Obligations Exhibit FCommunity-Wide and Area-Wide Infrastructure and Park Benefits

2. GENERAL PROVISIONS.

2.1Binding Effect of Agreement. From and following the Effective Date, Development of the Project and City actions on applications for Subsequent Development Approvals respecting the Development of the Project shall be subject to the terms and provisions of this Agreement.

2.2Assignment. Upon the Transfer in whole or in part, of Developer’s right and interest to all or any portion of the Property, Developer may, at least thirty (30) days prior to completion of the Transfer, apply to City for a release from its obligations hereunder with respect to the portion of the Property so Transferred. City shall approve the partial or full release if: (i) Developer is not in Default of this Agreement at the time of the approval of the release, or provides adequate assurances to the satisfaction of City, in City’s sole and absolute discretion, that Developer will cure any Default prior to the Transfer; (ii) with respect to the Transfer of any lot that has not been fully improved, the transferee executes and delivers to City a written assumption agreement in substance and form which is approved by City’s Attorney, which approval shall not be unreasonably denied, and in which: (A) the name and address of the transferee is set forth; (B) the transferee expressly assumes the obligations of Developer under this Agreement as to the portion of the Property transferred; (C) the transferee provides commercially reasonable assurances of its performance of the obligations of Developer that transferee proposes to assume; and (D) the assumption agreement adequately allocates to the transferee (or justifies the non- allocation) credits, reimbursements, or other benefits and obligations of Developer under this Agreement that relate to the portion of the Property transferred. Failure to obtain City approval of Item Title: 11.1
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a written assumption agreement hereunder shall not negate, modify or otherwise affect the liability under this Agreement of any transferee or future owner of any portion of the Property. Developer shall remain responsible for all obligations set forth in the Agreement that are not subject to an assignment approved by City in accordance with this paragraph.

2.3Term.

2.3.1 The term of this Agreement shall commence on the Effective Date and, except for those provisions in this Agreement that expressly survive the expiration or termination of this Agreement, shall continue thereafter for a period of fifteen (15) years from and after the Effective Date, with one additional optional extension of five (5) years which may be exercised at the sole discretion of any Party so long as (i) the optional extension is exercised prior to the expiration of the initial fifteen (15) year term, (ii) at least seventy five thousand (75,000) square feet of duly permitted commercial retail square footage has been constructed in the Highway 74 Retail Commercial Project Component, and (iii) this Agreement has not, prior to the exercise of the optional extension, been terminated, modified, or extended by circumstances set forth in this Agreement or by mutual written consent of the Parties.

2.3.2 Where a shorter term is not mandated by Applicable Law, the term of any and all discretionary Development Approvals and discretionary Subsequent Development Approvals shall automatically be extended for the longer of the Term of this Agreement or the term otherwise applicable to such discretionary Development Approvals or discretionary Subsequent Development Approvals. For the avoidance of doubt, the following categories of Development Approvals and Subsequent Development Approvals shall be deemed “not discretionary” for purposes of this Section: grading permits, building permits, improvement permits, landscape permits, wall and fence plans, and signage permits and programs.

3. DEVELOPMENT OF THE PROPERTY.

3.1Rights to Develop. Subject to the terms of this Agreement, Developer shall have a vested right to develop the Project on the Property in accordance with, subject to, and to the extent of, the Development Plan.

3.2Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to Development of the Property, shall be those contained in the Development Plan and the Land Use Regulations.

3.3Timing of Development. The Parties acknowledge that Developer cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which are not within the control of Developer, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d Item Title: 11.1
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465, that the failure of the parties therein to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the Parties’ intent to cure that deficiency by acknowledging and providing that Developer shall have the right to develop the Property, subject to such conditions as may be imposed by City pursuant to Section 3.5, in such order and at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgment. Nothing in this Section is intended to alter the standard durational limits of any applicable permits issued to Developer.

3.4Changes and Amendments.

3.4.1Application for Subsequent Development Approval. The Parties acknowledge that Development of the Project will likely require Subsequent Development Approvals, and that in connection therewith Developer may determine that changes are desirable in the existing Development Approvals or Development Plan. If Developer finds that such a change is desirable, Developer may apply, in writing, for an amendment to prior Development Approvals or the Development Plan to effectuate such change, and City shall process and act on such application in the normal manner for processing such matters.

3.4.2Approval Process and Authority. The approval process and authority for Subsequent Development Approvals shall be as set forth in the MVSP. Without limiting the foregoing, the Parties acknowledge that the MVSP allows for administrative approvals of (i) residential tract maps, (ii) commercial plot plans, and (iii) industrial plot plans so long as buildings do not exceed 1,450,000 square feet in Planning Area 10 (as designated in the MVSP), 1,400,000 square feet in Planning Area 11 (as designated in the MVSP), and 570,000 in Planning Area 12 (as designated in the MVSP); provided, however that (x) no administrative approval shall be authorized for any application for development that is not consistent with the MVSP and all development and design standards, (y) no administrative approval shall be allowed for variances, conditional use permits, and/or any development that requires subsequent or supplemental environmental review under 14 Cal.

Code. Regs. 15162 or an addendum to a previously approved environmental document under 14 Cal. Code Regs 15164, and (z) in every instance, the administrative approval authority may choose, in their sole and absolute discretion, to request review and approval from the Menifee Planning Commission of any matter otherwise eligible for administrative review.

3.4.3Changes in Density and Intensity. City shall have no obligation to grant any application for a Subsequent Development Approval by Developer (including, without limitation, General Plan amendments, zone changes, or variances) that increases the overall intensity or density of Development or, in the sole and absolute discretion of City’s City Manager, otherwise causes a substantial modification of the Development Plan.

3.4.4Processing Timelines. The Parties recognize and agree that processing timelines for Subsequent Development Approvals are dependent on workload, employee and consultant availability, and other factors that are unknown as of the Effective Date.

Subject to those uncertainties, City will aim to process all plan checks associated with applications for Subsequent Development Approvals on the following schedule: (1) City Item Title: 11.1
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will deliver plan check comments within three (3) weeks following receipt of a complete initial submittal, and (2) City will deliver plan check comments within two (2) weeks following receipt of a complete second submittal, and each subsequent complete submittal.

3.4.5Incorporation of Modifications Into Vested Project. If approved in a form to which Developer and City have both, in their respective sole and absolute discretion, consented in writing, any application effectuating a change in the Development Approvals or Development Plan shall be incorporated herein and any resulting modifications to the Exhibits to this Agreement, shall be administratively appended to this Agreement for tracking purposes, and a notice thereof shall be recorded in the Official Records of the County of Riverside.

3.5Reservation of Authority.

3.5.1Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the Development of the Project on the Property:
(a) Processing fees and charges of every kind and nature imposed by City to cover the estimated actual Costs to City of processing applications for Development Approvals, or Subsequent Development Approvals, or for monitoring compliance with any Development Approvals or Subsequent Development Approvals granted or issued.
(b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearing, reports, recommendations, appeals and any other matter of procedure.
(c) Changes adopted by the California Building Standards Commission to the California Building Code, from time to time, as well as local modifications to the California Building Code adopted by City as Subsequent Land Use Regulations.
(d) Changes to existing Development Impact Fees, adoption of new Development Impact Fees, and/or adoption or amendment of any other fees, assessments, or charges adopted by the City Council.
(e) Regulations imposed by City which may be in conflict with the Development Plan but which are reasonably necessary to protect the public health or safety. To the extent reasonable and feasible, any such regulations shall be applied and construed consistent with Section 3.5.2 below to provide Developer with the rights and assurances provided under this Agreement. (f) Regulations imposed by City which are not in conflict with the Development Plan and this Agreement.

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(g) Regulations which conflict with the Development Plan provided Developer and City have given written consent to the application of such regulations to Development of Property.
(h) Laws and regulations imposed by Federal, State, regional, or other governmental authorities, or imposed directly by City as necessary to comply with Federal, State, regional or other governmental authorities’ regulations, which City is required to enforce against the Property or the Development of the Property.

3.5.2Future Discretion of City. This Agreement shall not prevent City, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent City from (i) denying or conditionally approving any Subsequent Development Approval on the basis of the Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the Development Plan, and/or (ii) reasonably conditioning any Subsequent Development Approval that is inconsistent with the Conceptual Phasing Plan as necessary to ensure that infrastructure, improvements, and public benefits for and from the Project are delivered in a time and in a manner that is functionally equivalent to the delivery of infrastructure, improvements, and public benefits that would occur if the Project were constructed under the Conceptual Phasing Plan..

3.5.3Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, and this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce.

3.5.4Taxes, Assessments and Fees; Reservation of Rights. This Agreement shall not prevent City from enacting, levying, or imposing any new or increased tax, assessment or fee, and from applying that fee to the Project and/or the Property. Developer shall timely pay all applicable fees, charges, assessments, and special and general taxes validly imposed in accordance with the Constitution and laws of the State of California. Notwithstanding the foregoing, nothing set forth herein is intended or shall be construed to limit or restrict whatever right Developer might otherwise have to challenge any fee, charge, assessment, or tax either adopted and imposed by City after the Effective Date.

3.6Regulation by Other Public Agencies. It is acknowledged by the Parties that other public agencies not subject to control by City possess authority to regulate aspects of the Development of the Project on the Property, and this Agreement does not limit the authority of such other public agencies.

3.7Compliance with Government Code Section 66473.7. As mandated by Government Code Section 65867.5, any tentative map prepared for the subdivision(s) included within the Project will comply with Government Code Section 66473.7.

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3.8Vesting Tentative Maps. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with Development of the Project on the Property, is a vesting map under the Subdivision Map Act (Government Code Section 66410, et seq.), and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to Developer, then and to that extent the rights and protection afforded Developer under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately above, Development of the Property shall occur only as provided in this Agreement, and the provisions in this Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps.

3.9Processing of Applications and Permits. Upon satisfactory completion by Developer of all required preliminary actions and payment of appropriate processing fees, City shall promptly proceed to process, check, and make a determination on all applications for development and building approvals within the times set forth in the Permit Streamlining Act (Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the California Government Code), the Subdivision Map Act (Division 2 (commencing with section 66410) of Title 7 of the California Government Code) and other applicable provisions of law, as the same may be amended from time to time. Developer may request that City identify dedicated staff and/or consultants to further expedite the processing, checking, and determinations on applications for development and building approvals, and City may reasonably accommodate Developer’s request subject to the availability (in City’s sole determination) of available and qualified staff and consultants for such purpose. City shall reasonably attempt to process all plan checks within three (3) weeks following of each initial submittal and within two (2) weeks following each second or subsequent submittal so long as (i) Developer’s plans for a phased project and all plan check submittals include a detailed memorandum identifying all design exceptions, (ii) Developer’s second and subsequent submittals include complete and comprehensive responses to prior-issued comments by City and/or its consultants, and (iii) Developer and all relevant experts and consultants schedule and participate in a meeting with appropriate City staff and consultants prior to each initial plan submittal.

4. REVIEW FOR COMPLIANCE.

4.1Periodic Review. During the Term, City’s City Manager or their designee, shall review this Agreement during May of each year following the Effective Date, in order to ascertain the good faith compliance by Developer with the terms of the Agreement. As part of that review, Developer shall submit an annual monitoring review statement describing its actions in compliance with this Agreement, in a form acceptable to City’s City Manager, by March 15 of that year. The statement shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year.

The amount of the annual review and administration fee shall be set by resolution of the City Council.

4.2Special Review. The City Council may order a special review of compliance with this Agreement at any time. Developer shall cooperate with City in the conduct of such special reviews.

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4.3Procedure. In connection with any periodic or special review, each Party shall have a reasonable opportunity to assert matters which it believes have not been undertaken in accordance with the Agreement, to explain the basis for such assertion, and to receive from the other Party a justification of its position on such matters. If on the basis of the Parties’ review of any terms of the Agreement, any Party concludes that the other Party has not complied in good faith with the terms of the Agreement, then such Party may issue a written Notice of Non- Compliance. The Party receiving a Notice of Non-Compliance shall have thirty (30) days to respond in writing to said Notice of Non-Compliance. If a Notice of Non-Compliance is contested, the Parties shall have up to sixty (60) days to arrive at a mutually acceptable resolution of the matters occasioning the Notice of Non-Compliance. In the event that the Parties are not able to arrive at a mutually acceptable resolution of the matter(s) by the end of the sixty (60) day period, the Party alleging the non-compliance may thereupon pursue the remedies provided in Section 8.

4.4Certificate of Agreement Compliance. If, at the conclusion of a periodic review pursuant to Section 4.1 or special review pursuant to Section 4.2, Developer is found to be in compliance with this Agreement, City shall, upon request by Developer, issue a Certificate to Developer stating that after the most recent periodic or special review and based upon the information known or made known to City’s City Manager and City Council that (1) this Agreement remains in effect and (2) Developer is in compliance. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review.

Developer may record the Certificate with the County Recorder. Additionally, Developer may at any time request from City a Certificate stating, in addition to the foregoing, which obligations under this Agreement have been fully satisfied with respect to the Property, or any lot or parcel within the Property.

5. FEES, BENEFITS, AND IMPROVEMENTS

5.1Development Impact Fees. Developer agrees that all Development Approvals and Subsequent Development Approvals that do not require an amendment to this Agreement under Section 3.5 shall be subject to the Development Impact Fees, which shall be paid in the amounts applicable as of the date of payment.

5.1.1Development Impact Fee Payment Timing. Except as specified in Section 5.1.2, below, all Development Impact Fees arising from or relating to residential and non-residential development components of the Project shall be due and shall be paid by Developer to City concurrent with existing City policies and ordinances.

5.1.2Development Impact Fee Credits. To the extent Developer completes and dedicates to City improvements otherwise included in City’s Development Impact Fee programs existing as of the Effective Date, Developer shall be entitled to and receive a reduction in its Development Impact Fee payment obligation up to the amount of Development Impact Fees assigned to such improvements in the applicable Development Impact Fee program (i.e., transportation, fire, parks, Quimby). Notwithstanding the foregoing, the Parties may mutually agree to allow the posting of adequate security (which shall, at a minimum, be posted prior to the date by which the Development Impact Fee Item Title: 11.1
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payment would otherwise be due) in an amount sufficient to cover the costs of Development Impact Fees owed by Developer when the Parties contemplate that Developer will within a reasonable period of time obtain a right to Development Impact Fee credits. Upon obtaining anticipated Development Impact Fee credits, any security provided by Developer will be reduced in an amount that corresponds with the amount of the Development Impact Fee credits and ensures that any remaining security is sufficient to cover remaining owed, but unpaid, Development Impact Fees.

5.2Public Benefit. Developer shall construct or cause the construction of all of the community and area-wide infrastructure and park benefits as set forth in Exhibit F, even though those benefits include some Development Requirements City could not otherwise impose on the Project. City and Developer agree that this Agreement serves as a contractual mechanism which facilitates construction of such facilities. Developer’s Excess Contributions toward the improvements set forth in Exhibit F are estimated to exceed the dollar value of the Development Requirements City could otherwise impose on the Project without this Agreement by Thirty-Seven Million Dollars ($37,000,000).

5.3Fair Share Offsite Improvement Fees. The Offsite Improvements subject to pro rata contribution by Developer, the total estimated cost of each Offsite Improvement, the Project pro rata share percentage for each Offsite Improvement, the pro rata fair share cost for each Offsite Improvement, and the total Fair Share Fees, are as set forth in Schedule 2 of Exhibit E. The total Fair Share Fees is Four Million Nine Hundred Fifty Thousand Three Hundred Thirty Dollars ($4,950,330). Fair Share Fees shall be paid to City as follows:

5.3.1 Business Park and Commercial Business Park (BP/CBP) contribution (Planning Areas 10, 11, and 12 as designated in the MVSP): Two Million Forty-Six Thousand Eighty-Two Dollars and Eight-Four Cent ($2,046,082.84) shall be paid to City prior to the recordation of Final Map 38303 creating the legal Business Park, and Commercial Business Park lots (lots 4 through 7 as shown on Tentative Tract Map 38303).

5.3.2 Commercial contribution (Planning Area 13, as designated in the MVSP):

One Million Four Hundred Ten Thousand Six Hundred Seventy-Six Dollars and Seven Cents ($1,410,676.07) shall be paid to City prior to the earlier of (i) recordation of a final map, subsequent to the recordation of Final Map 38303, subdividing the Retail and Commercial zoned lots (lots 1 through 3 of Tentative Tract Map 38303), and (ii) issuance of a site-specific precise grading permit for the first Retail or Commercial development in Planning Area 13 (as designated in the MVSP).

5.3.3 Residential including school and Sports Park contribution (Planning Areas 1-6 and 7A, as designated in the MVSP): One Million Four Hundred Ninety-Three Thousand Five Hundred Seventy-One Dollars and Nine Cents ($1,493,571.09) shall be paid to City per the following. Payments shall be made prior to recordation of the first final map in each of Planning Areas 1-6 and 7A creating any residential lot, school lot, or sports park lot.

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(a) Prior to the recordation of the first final map within Planning Area 1 (as designated in the MVSP), a fee of Three Hundred Forty-Two Thousand Nine Hundred Dollars and Fifty-Five Cents ($342,900.55) shall be paid to City. (b) Prior to the recordation of the first final map within Planning Area 2 (as designated in the MVSP), a fee of Two Hundred Twenty-Four Thousand Thirty-Five Dollars and Sixty-Six Cents ($224,035.66) shall be paid to City. (c) Prior to the recordation of the first final map within Planning Area 3 (as designated in the MVSP), a fee of Three Hundred Fifty-One Thousand Three Hundred Ninety Dollars and Ninety Cents ($351,390.90) shall be paid to City. (d) Prior to the recordation of the first final map within Planning Area 4 (as designated in the MVSP), a fee of Two Hundred Twenty-Eight Thousand One Hundred Forty-Three Dollars and Ninety Cents ($228,143.90) shall be paid to City. (e) Prior to the recordation of the first final map within Planning Area 5 (as designated in the MVSP), a fee of Seventy-Five Thousand One Hundred Thirty-Five Dollars and Two Cents ($75,135.02) shall be paid to City. (f) Prior to the recordation of the first final map within Planning Area 6 (as designated in the MVSP), a fee of One Hundred Thirty-Seven Thousand Eight Hundred Fifty-Four Dollars and Six Cents ($137,854.06) shall be paid to City. (g) Prior to the recordation of the first final map within Planning Area 7A (as designated in the MVSP), a fee of One Hundred Thirty-Four Thousand One Hundred Eleven Dollars and no Cents ($134,111.00) shall be paid to City.

5.4Infrastructure Easements and Rights of Way. City and Developer shall cooperate in connection with any arrangements for granting, abandoning or relocating existing, or creating any new, utility or other easements, facilities, property rights or rights of way (collectively, "ROW"), necessary to effectuate the development of the Offsite Improvements; and if any such ROW is owned by Developer, City, or an agency of City, then Developer, City or such agency of City shall, at the request of Developer, subject to the rights of any third party with respect thereto, take such actions and execute such documents as may be necessary to grant, abandon, relocate and/or revest such ROW, as necessary in connection with the development of the Offsite Improvements. If and to the extent Developer requests such cooperation from City, Developer shall reimburse City for all costs and expenses incurred by City in connection with this Section

5.4. Any requested abandonment or relocation of a ROW pursuant to this Section 5.4 shall provide that any rights and/or benefits under such existing ROW shall be substantially and adequately replaced by any new ROW and/or the resulting Offsite Improvements (including, if necessary, any interim rights pending completion of the resulting McCall Boulevard Improvements).

5.5McCall Boulevard Improvements.

5.5.1Construction Obligation. Developer shall, in accordance with Applicable Laws, pay for (subject to the reimbursement obligations set forth in Section 5.5.5, below) Item Title: 11.1
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and construct the McCall Boulevard Improvements pursuant to a Public Improvements Agreement in a form acceptable to City.

5.5.2Construction Timing. Unless the Parties agree to alternate timing in accordance with Section 5.5.3, the McCall Boulevard Improvements shall be completed pursuant to the following schedule:
•Commencement of design of the McCall Boulevard Improvements: Within thirty (30) days following the Effective Date.
•Completion and approval of design of the McCall Boulevard Improvements:

Within twenty-four (24) months following the Effective Date; provided, however, that this deadline may be modified to account for delays not caused by Developer and beyond Developer’s control, as reasonably determined by the City Manager or their designee.
•Commencement of physical construction of the McCall Boulevard Improvements: Within twenty-five (25) months following the Effective Date; provided, however, that this deadline may be modified to account for delays not caused by Developer and beyond Developer’s control, including, but not limited Developer’s inability (after making diligent and commercially reasonable efforts) to obtain any necessary third party right of way, real estate interests, or utility realignments, as reasonably determined by the City Manager or their designee.
•Completion of the McCall Boulevard Improvements: Issuance of a Subsequent Development Approval that results in any of the following: (i) cumulative Forecasted Daily Trips from the residential development components of all Subsequent Development Approvals exceeding seven thousand six hundred seventy-nine (7,679), (ii) cumulative Forecasted Daily Trips from the business park and commercial-business park development components of all Subsequent Development Approvals exceeding thirteen thousand and forty (13,040), or (iii) cumulative Forecasted Daily Trips from all Subsequent Development Approvals exceeding twenty thousand seven hundred nineteen (20,719).

5.5.3Alternative Construction Timing Option. As an alternative to the schedule set forth in Section 5.5.2, the Parties may agree to a phasing plan for the McCall Boulevard Improvements that is based on the results of a mutually approved traffic study analysis/sensitivity analysis which shall be (i) funded by Developer but commissioned by City, and (ii) designed to ensure that roadway operation on and/or in the vicinity of the McCall Boulevard Improvements does not fall below LOS E. Developer's obligations with respect to construction of the McCall Boulevard Improvements, including performance and labor and materials security and warranty obligations, and City's obligations with respect to acceptance thereof, shall be set forth in a Public Improvements Agreement in a form reasonably acceptable to the City Attorney.

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5.5.4Acceptance of Public Improvements. The McCall Boulevard Improvements are to be offered for dedication to City for ownership, operation and maintenance consistent with the Applicable Law as it may be modified from time to time.

City shall use good faith efforts to accept the McCall Boulevard Improvements within sixty (60) days after Developer's written request in accordance with the Public Improvements Agreement.

5.5.5Reimbursement. City shall reimburse Developer for the McCall Excess Contribution within three (3) years following the Notice of Completion from one or more of the following sources: (i) fair share contributions from other landowners that will receive a material benefit from the McCall Boulevard Improvements, (ii) special tax or bond proceeds from a land-based financing district, including without limitation a CFD and/or a RBBD, where such proceeds are eligible for use for reimbursement of all or a portion of the McCall Excess Contribution, (iii) funds from Community Benefit Agreements for battery storage facilities, and (iv) City’s General Fund. Notwithstanding the foregoing, City may reduce the McCall Excess Contribution amount, and thereby reduce City’s reimbursement obligation under this Section 5.5.5, as follows:
(a) Developer shall be responsible for seeking Eligible TUMF Reimbursements/Credits from the Western Riverside Council of Governments Transportation Uniform Mitigation Fee program, and City shall be entitled to reduction in the McCall Excess Contribution in an amount equal to the Eligible TUMF Reimbursements/Credits.
(b) If City Council determines in its reasonable discretion that completion of the pedestrian bridge is not feasible within the timeframes required in Exhibit F (i.e., approval of construction drawings prior to first production Certificate of Occupancy for residential development; and certificate of completion prior to issuance of Certificate of Occupancy for two hundred fiftieth (250 th) residential unit), then City may waive and release Developer from its obligation to construct the pedestrian bridge and in exchange reduce the McCall Excess Contribution in an amount equal to three million nine hundred thousand dollars ($3,900,000) minus the reasonable costs incurred by Developer to to design and construct the pedestrian bridge prior to City making the election authorized by this Section 5.5.5(b).

5.6Highway 74 Improvements.

5.6.1Construction Obligation and Timing. Developer shall, in accordance with Applicable Laws, pay for and construct the Highway 74 Improvements pursuant to a Public Improvements Agreement in a form acceptable to City.

5.6.2Construction Timing. Unless the Parties agree to alternate timing in accordance with Section 5.6.3, the Highway 74 Improvements shall be completed pursuant to the following schedule:

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•Commencement of design of the Highway 74 Improvements: Within thirty (30) days following the Effective Date.
•Completion and approval of design of the Highway 74 Improvements: Within thirty-six (36) months following the Effective Date; provided, however, that this deadline may be modified to account for delays not caused by Developer and beyond Developer’s control, as reasonably determined by the City Manager or their designee.
•Commencement of physical construction of the Highway 74 Improvements:

Within thirty-seven (37) months following the Effective Date; provided, however, that this deadline may be modified to account for delays not caused by Developer and beyond Developer’s control, as reasonably determined by the City Manager or their designee.
•Completion of the Highway 74 Improvements: Issuance of a Certificate of Occupancy that causes any of the following: (i) cumulative Forecasted Daily Trips from the business park and commercial-business park development components of all Subsequent Development Approvals exceeding ten thousand seven hundred ninety-six (10,796), or (ii) cumulative Forecasted Daily Trips from all Subsequent Development Approvals in Planning Area 13 (as defined in the MVSP) exceeding zero (0).

5.6.3Alternative Construction Timing Option. As an alternative to the schedule set forth in Section 5.6.2, the Parties may agree to a phasing plan for the Highway 74 Improvements that is based on the results of a mutually approved traffic study analysis/sensitivity analysis which shall be (i) funded by Developer but commissioned by City, and (ii) designed to ensure that roadway operation on and/or in the vicinity of the Highway 74 Improvements does not fall below LOS E. Developer’s obligations with respect to construction of the Highway 74 Improvements, including performance and labor and materials security and warranty obligations, and City’s obligations with respect to acceptance thereof, shall be set forth in a Public Improvements Agreement in a form reasonably acceptable to the City Attorney.

5.6.4Acceptance of Public Improvements and Notice of Completion. The Highway 74 Improvements are to be offered for dedication to Caltrans for ownership, operation, and maintenance consistent with the Applicable Law as it may be modified from time to time. City shall use good faith efforts to accept the Highway 74 Improvements within sixty (60) calendar days of Developers’ written request in accordance with the Public Improvements Agreement.

5.7Forecasted Daily Trip Tracking. Prior to each Subsequent Development Approval, and prior to each Certificate of Occupancy, Developer shall provide to City Manager or their designee an update on (i) the number of Forecasted Daily Trips associated with such Subsequent Development Approval, and (ii) the cumulative number of Forecasted Daily Trips for all Subsequent Development Approvals issued as of the date of the report (and including the Forecasted Daily Trips required by subdivision “(i)” of this section, with such total subdivided into Item Title: 11.1
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categories for residential, business park and commercial business park, and commercial (including retail) development. Alternatively, the Parties may mutually agree to another method for periodically tracking Forecasted Daily Trip Tracking.

6. RESERVED.

7. FINANCING FOR PUBLIC IMPROVEMENTS AND SERVICES.

7.1Formation of CFDs and/or RBBDs. City may request that Developer agree to form or annex the Property into one of more CFD(s) and/or RBBD(s). Developer, on behalf of itself and its successors in interest, hereby irrevocably consents to formation and/or annexation of the Property into such CFD(s) and/or RBBD(s) and waives any and all right of protest or objection with respect to such formation and/or annexation. Developer agrees to cooperate with City and take all necessary action to accomplish the formation and/or annexation of the Property into the CFD(s) and/or RBBD(s), for the purposes of funding maintenance services for the Project and/or funding improvements, including without limitation the Offsite Improvements, that benefit the Project. Developer agrees to cooperate in the imposition of assessments related to the CFD(s) and/or RBBD(s), including without limitation, if required by City, the submission of a ballot to City by Developer (or its successors in interest) in favor of the formation of and/or annexation into the CFD(s) and/or RBBD(s) and the levying of such assessments. Nothing herein shall be construed as a commitment by City to form or annexation the Property into CFD(s) and/or RBBD(s), or as a limitation on City’s legislative discretion with respect thereto. Developer has agreed to the financing provisions set forth in this Section 7.1 and to perform the obligations hereunder in exchange for the consideration and benefits provided to Developer by City under this Agreement. Unless the Parties mutually agree in writing, a CFD and/or RBBD shall not be used to fund improvements or pay Development Impact Fees that are otherwise the obligation of Developer under this Agreement.

7.2Covenant Regarding CFD. For avoidance of doubt, the Parties agree that this Agreement includes and constitutes a covenant not to contest the formation of and/or annexation of the Property into CFD(s) and/or RBBD(s) as set forth in Paragraph 7.1. The covenant shall be binding upon successive owners of the Property, or any portion thereof, and shall also be binding upon any and all homeowners associations that have covenants, conditions, and restrictions governing the use of the Property.

8. DEFAULT AND REMEDIES.

8.1Specific Performance Available. The Parties acknowledge that money damages and remedies at law generally are inadequate and specific performance is a particularly appropriate remedy for the enforcement of this Agreement and should be available to Developer and City because the size, nature and scope of the Project, make it impractical or impossible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, Developer and/or City may be foreclosed from other choices they may have had to utilize or condition the uses of the Property or portions thereof. Developer and City have invested significant time and resources in performing extensive planning and processing for the Project and in negotiating and agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Item Title: 11.1
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Agreement, such that it would be extremely difficult to determine the sum of money which would adequately compensate Developer and/or City for such efforts. The Parties therefore agree that specific performance shall be the sole remedy available for a breach of this Agreement.

8.2Money Damages Unavailable. Neither Developer nor City shall not be entitled to any monetary compensation, whether characterized as money damages or injunctive or other relief compelling the payment of money, including attorney fees, from the other Party by reason of, arising out of, based upon, or relating to (a) the interpretation, enforcement, performance, or breach of any provision of this Agreement, or (b) the respective rights or duties of any of the Parties under the Development Approvals, the Subsequent Development Approvals, any Development Requirement, the Land Use Regulations, or the Subsequent Land Use Regulations.

Notwithstanding the foregoing, City may recover from Developer any fees or public benefits owed under or pursuant to this Agreement.

8.3Termination of Agreement.

8.3.1Termination of Agreement for Default of Developer. City in its discretion may terminate this Agreement for any failure of Default by Developer; provided, however, City may terminate this Agreement pursuant to this Section only after following the procedure set forth in Section 4.3 and thereafter providing written notice to Developer of the Default setting forth the nature of the Default and the actions, if any, required by Developer to cure such Default and, where the Default can be cured, Developer has failed to take such actions and cure such Default within thirty (30) days after the effective date of such notice or, in the event that such Default cannot be cured within such thirty (30) day period but can be cured within a longer time, as reasonably determined by City in its sole discretion, Developer has failed to commence the actions necessary to cure such Default within such thirty (30) day period and to diligently proceed to complete such actions and cure such Default.

8.3.2Termination of Agreement for Default of City. Developer in its discretion may terminate this Agreement for any Default by City; provided, however, Developer may terminate this Agreement pursuant to this Section only after providing written notice by Developer to City of the Default setting forth the nature of the Default and the actions, if any, required by City to cure such Default and, where the Default can be cured, the failure of City to cure such Default within thirty (30) days after the effective date of such notice or, in the event that such Default cannot be cured within such thirty (30) day period, the failure of City to commence to cure such Default within such thirty (30) day period and to diligently proceed to complete such actions and to cure such Default.

8.3.3Rights and Duties Following Termination. Upon the termination of this Agreement, no Party shall have any further right or obligation hereunder except with respect to (i) any obligations to have been performed prior to said termination, or (ii) any Default in the performance of the provisions of this Agreement which has occurred prior to said termination.

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9. INDEMNIFICATION AND THIRD PARTY LITIGATION.

9.1 Indemnities by Developer.

9.1.1General Indemnity. Developer agrees to indemnify, protect, defend, and hold harmless the City Parties from and against any and all Claims which may arise, directly or indirectly, from the acts, omissions, or operations of Developer or Developer’s agents, contractors, subcontractors, agents, or employees pursuant to this Agreement, but excluding any loss resulting solely from the intentional or active negligence of the City Parties. Notwithstanding the foregoing, (i) City shall have the right to select and retain counsel to defend any such action or actions and Developer shall pay the cost thereof; provided, however, that the Parties agree to attempt in good faith to coordinate and/or consolidate their defense of any Claim that is subject to the indemnification provisions of this Section; and (ii) this indemnity obligation shall not apply to any Claim for which Developer has provided a separate indemnity to City by way of a separate instrument mutually accepted by the Parties.

9.1.2Prevailing Wage Indemnity and Notice to Developer of Labor Code Section 1781. In connection with, but without limiting, the indemnification obligations set forth in Section 9.1.1, Developer hereby expressly acknowledges and agrees that City is not by this Agreement affirmatively representing, and has not previously affirmatively represented, to Developer or any contractor(s) of Developer for any construction on or Development on or adjacent to the Property, in writing or otherwise, in a call for bids or any agreement or otherwise, that any work to be undertaken on the Property, as may be referred to in this Agreement or construed under this Agreement, is not a “public work,” as defined in Labor Code Section 1720, or under any similar existing or hereinafter enacted law or regulation.

The Parties agree that, in connection with the Development and construction (as defined by Applicable Law) of the Project, including, without limitation, any and all public works (as defined by Applicable Law), Developer shall bear all risks of payment or non-payment of prevailing wages under California law and/or federal 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. With respect to the foregoing, Developer shall be solely responsible, expressly or impliedly and legally and financially, for determining and effectuating compliance with all applicable federal, state and local public works requirements, prevailing wage laws, and labor laws and standards, and City makes no representation, either legally and/or financially, as to the applicability or non-applicability of any federal, state and local laws to the construction of the Project as it may be amended pursuant hereto or otherwise.

Without limiting the foregoing, Developer shall indemnify, protect, defend and hold harmless the City Parties, with counsel reasonably acceptable to City, from and against “increased costs” as defined in California Labor Code Section 1781 (including City’s reasonable attorneys’ fees, court and litigation costs, and fees of expert witnesses) in connection with the Development or construction (as defined by Applicable Law) of or on the Property, that results or arises in any way from (1) non-compliance by Developer of the requirement, if and to the extent applicable, to pay federal or state prevailing wages and hire apprentices, or (2) failure by Developer to provide any required disclosure or identification as required by California Labor Code Sections 1720 et seq. including without Item Title: 11.1
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limitation specifically Section 1781, as the same may be amended from time to time. The foregoing indemnity shall survive the expiration or earlier termination of this Agreement.

9.2Indemnification Procedures. Wherever this Agreement requires Developer to indemnify any City Party:

9.2.1Prompt Notice. City shall promptly notify Developer in writing of any Claim.

9.2.2Cooperation. City shall reasonably cooperate with Developer’s defense, provided Developer reimburses City’s actual reasonable out of pocket expenses (including Legal Costs) of such cooperation.

9.2.3Settlement. Any settlement shall require the prior written consent of both City and Developer, which consent shall not be unreasonably withheld if the settlement is objectively financially reasonable. If City refuses to authorize a settlement that is objectively financially reasonable, it shall be responsible for costs and damages of the Claim that are in excess of those incurred through the date of City’s rejection of the proposal, plus the amount of the proposal.

9.2.4City Cooperation. City shall reasonably cooperate with Developer’s defense, provided Developer reimburses City for its actual reasonable out of pocket expenses (including Legal Costs) of such cooperation.

9.2.5Insurance Proceeds. Developer’s obligations shall be reduced by net insurance proceeds City actually receives for the matter giving rise to indemnification.

9.3Third Party Litigation. City shall promptly notify Developer of any Claim against City and/or any City Party, and/or any other administrative or judicial action to challenge, set aside, void, annul, limit or restrict the approval and continued implementation and enforcement of this Agreement. Developer agrees to reimburse City for its reasonable Legal Costs incurred in connection with the defense of the Claim and to fully defend and indemnify City for all costs of defense and/or judgment obtained in any such action or proceeding. City and Developer agree to cooperate in the defense of such action(s).

9.4Challenge to Enforceability of Specific Obligations. The Parties have determined in good faith that each of the provisions of this Agreement are valid and enforceable.

Notwithstanding, if a court of competent jurisdiction finds invalid or unenforceable any provision of this Agreement purporting to supersede or otherwise render ineffectual any federal, state, or local law or regulation in existence as of the Effective Date, Developer shall perform its obligations under such law or regulation as it existed on the Effective Date, or as otherwise specifically directed by a court of competent jurisdiction.

10. MORTGAGEE PROTECTION.

The Parties hereto agree that this Agreement shall not prevent or limit Developer from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. City Item Title: 11.1
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acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Developer and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. Subject to compliance with Applicable Laws, City will not unreasonably withhold its consent to any such requested interpretation or modification provided City determines such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee has submitted a request in writing to City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any Default by Developer in the performance of Developer’s obligations under this Agreement.
(c) If City timely receives a request from a Mortgagee requesting a copy of any notice of Default given to Developer under the terms of this Agreement, City shall make a good faith effort to provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of Default to Developer. The Mortgagee shall have the right, but not the obligation, to cure the Default during the remaining cure period allowed such Party under this Agreement.
(d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. However, no Mortgagee (including one who acquires title or possession to the Property, or any portion thereof, by foreclosure, trustee’s sale, deed in lieu of foreclosure, lease termination, eviction or otherwise) shall have any obligation to construct or complete construction of improvements, or to guarantee such construction or completion; provided, however, that a Mortgagee shall not be entitled to develop the Property or receive any benefit provided under this Agreement unless it first agrees in writing to fully comply with this Agreement and the Development Plan.

11. MISCELLANEOUS PROVISIONS.

11.1Option to Terminate Due to Litigation. If a lawsuit is filed challenging the Development Approvals or the ordinance approving this Agreement within the time periods for the filing of such lawsuits under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) or the State Planning and Zoning Law (Government Code Section 65000 et seq.), then the Parties shall meet and confer concerning the potential impact of the lawsuit on this Agreement and the Development of the Project. Within thirty (30) days of such meeting, if Developer determines that such litigation may have an unacceptable adverse impact on the Project Item Title: 11.1
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or its rights under this Agreement, Developer may in its discretion terminate this Agreement by sending City a written notice of such termination, and the Parties shall be relieved of any further obligations to this Agreement, to the extent that such obligations have not been performed or have been incurred prior to such termination. Developer acknowledges and agrees that if this Agreement is terminated, other than by court order, City shall have the option to restore the General Plan, the Specific Plan, and zoning to the condition that existed prior to the adoption of the Development Approvals or ordinance approving this Agreement. In no event, however, shall Developer bring or cause to bring a lawsuit in any court against City to invalidate any provision in this Agreement that would result in the ability of Developer to keep the Development Approvals without having to comply with the terms and conditions of this Agreement.

11.2Recordation of Agreement. This Agreement shall be recorded with the County Recorder by the City Clerk within the period required by Government Code Section 65868.5.

Amendments approved by the Parties, and any termination, shall be similarly recorded.

11.3Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the Parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.

11.4Estoppel Certificate. Any Party hereunder may, at any time, deliver written notice to any other Party requesting such Party to certify in writing that, to the best knowledge of the certifying Party, (i) this Agreement is in full force and effect and a binding obligation of the Party; (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments; and (iii) the requesting Party is not in Default in the performance of its obligations set forth in this Agreement or, if in Default, to describe therein the nature and amount of any such Defaults. A Party receiving a request hereunder shall execute and return such Certificate within sixty (60) days following the receipt thereof. Any third party including a Mortgagee shall be entitled to rely on the Certificate.

11.5Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, unless and to the extent the rights and obligations of any Party has been materially altered or abridged by such holding.

11.6Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California.

Any dispute between City and Developer over this Agreement shall be filed, and tried, in the Superior Court of the County of Riverside, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party or in favor of City shall not be employed in interpreting this Agreement, each of the Parties having been represented by counsel in the negotiation and preparation hereof.

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11.7Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

11.8Singular and Plural. As used herein, the singular of any word includes the plural.

11.9Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.

11.10Waiver. Failure of a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the Default of the other Party, shall not constitute a waiver of such Party’s right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter.

11.11No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit for the Parties and their successors and assigns. No other Person shall have any right of action based upon any provision of this Agreement.

11.12Force Majeure. Subject to the limitations set forth below, the Term of this Agreement and the time within which any Party shall be required to perform any act under this Agreement shall be extended by a period of time equal to the number of days during which performance of such act is rendered impossible by a Force Majeure Delay that is beyond the reasonable control of the Party seeking the extension. An extension of time shall be for the period of the Force Majeure Delay and shall commence to run from the time of the commencement of the cause, if written notice by the Party claiming such extension is sent to the other Parties within ten (10) days of the commencement of the cause. If written notice is sent after such ten (10) day period, then the extension shall commence to run upon the receipt of such notice. the cumulative extensions for mediation, arbitration, litigation, or other administrative or judicial proceeding commenced by a third party and involving the Development Approvals or Subsequent Development Approvals or this Agreement shall not exceed fifteen (15) months, unless otherwise agreed to in writing in accordance with Section 11.13. The cumulative extensions of time for all other categories and types of Force Majeure Delays for individual performance obligations hereunder shall not exceed six (6) months. The cumulative extensions of the expiration of this Agreement as a result of Force Majeure Delays shall not exceed eighteen (18) months, unless otherwise agreed to in writing in accordance with Section 11.13.

11.13Extension of Time Limits. The time limits set forth in this Agreement may be extended by mutual consent in writing of the Parties without amendment to this Agreement.

Except as otherwise specified in this Agreement, each Party may agree or refuse to agree to any extension of time in its sole and absolute discretion.

11.14Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party.

11.15Successors in Interest. As provided in Government Code Section 65868.5, and except as otherwise provided in this Agreement, all of the terms, provisions, covenants and obligations contained in this Agreement shall be binding upon, and inure to the benefit of, City Item Title: 11.1
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and Developer, and their respective duly authorized successors and assigns. In no event shall this Agreement impose obligations.

11.16Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if each of the Parties had executed the same instrument.

11.17Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the Development of the Project is a private undertaking, that no Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the Development of private property and the owner of such property.

11.18Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement.

Upon the request of any Party at any time, the other Parties shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement.

11.19Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain.

11.20Amendments in Writing/Cooperation. Except as provided in Section 11.20.1 below, this Agreement may be amended only by written consent of both Parties or their successors- in-interest or assignees. Any amendment to this Agreement shall comply with the process requirements of the Development Government Code provisions for the amendment of Development Agreements.

11.20.1 Modifications Delegated to the City Manager. The City Manager is delegated the authority to make the following categories of modifications to this Agreement:
(a) Clerical and Conforming Revisions. The City Manager is authorized to correct typographical errors, references to draft documents, statutes, ordinances, page numbers, maps, and make similar clerical and conforming changes to this Agreement, or to any of the documents contemplated herein. If the City Manager elects to record any revised version of a previously-recorded document contemplated by this Agreement in order to reflect any clerical and confirming changes: (i) the City Manager shall provide Developer with thirty (30) days written notice of intent to record the revised document; (ii) the Parties agree that after thirty (30) days’ notice City Manager may record the revised document; and (iii) the Parties agree that the date upon which the original version of the Item Title: 11.1
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document was recorded shall remain and be deemed to be that document’s date of recordation.
(b) Incorporation and Identification of Subsequent Development Approvals. The City Manager is authorized to, at their discretion or upon request by Developer, execute and record in the Official Records a Notice of Subsequent Development Approval.
(c) Administrative Adjustments. The City Manager is authorized, in their discretion, to enter into Administrative Adjustments and shall not, except to the extent otherwise required by law, require notice of public hearing before the parties may execute an amendment hereto. The City Manager shall have the authority to execute an Administrative Adjustment or, in their discretion, seek approval of an Administrative Adjustment by City resolution.

11.21Authority to Execute. The Person or Persons executing this Agreement on behalf of Developer warrants and represents that he/they have the authority to execute this Agreement on behalf of his/their corporation, partnership or business entity and warrants and represents that he/they has/have the authority to bind Developer to the performance of its obligations hereunder.

11.22Notice. Any notice or communication required under this Agreement between the City and Developer must be in writing and may be given either personally, by registered or certified mail, return receipt requested, or by facsimile transmission. If given by registered or certified mail, the same shall be deemed to have been given and received on the date of actual receipt by the addressee designated below as the Party to whom the notice is sent. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. Notices delivered by facsimile transmission shall be deemed to have been given on the first business day following the date of transmission to the facsimile number. A Party may at any time, by giving ten (10) days’ written notice to the other Parties, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

To Developer: Minor Ranch LLC
3200 Park Center Drive
Suite 1000
Costa Mesa, CA 92626
Attention: Dave Bartlett, Vice-President
With a copy to: Songstad Randall Coffee Humphrey
3200 Park Center Drive
Suite 950
Costa Mesa, CA 92626
Attention: Tim Randall
To City: City of Menifee
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City Hall
29844 Haun Rd
Menifee, California 92586
Attn: City Manager
With a copy to: City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first set forth above.
[Signatures Attached]
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City: CITY OF MENIFEE
By
Mayor
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

By
City Attorney
(SEAL)
Developer: Minor Ranch LLC, a Delaware
limited liability company.

By
Title
By
Title
Item Title: 11.1
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Item Page Number: 635

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STATE OF CALIFORNIA )
) ss:

COUNTY OF ) On ______________, 2024 before me, _____________________________________________ Notary Public (insert name and title of the officer),
personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: _______________________________________
[Seal]
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.

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Item Page Number: 636

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EXHIBIT A 1

EXHIBIT A
Legal Description of the Property
Item Title: 11.1
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Item Page Number: 637

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EXHIBIT A 2
Item Title: 11.1
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Item Page Number: 638

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EXHIBIT A 3
Item Title: 11.1
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Item Page Number: 639

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EXHIBIT A 4
Item Title: 11.1
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Item Page Number: 640

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EXHIBIT A 5
Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 641

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EXHIBIT A 6
Item Title: 11.1
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Item Page Number: 642

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EXHIBIT B 1

EXHIBIT B
Map Showing Property and Its Location
Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 643

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February 7, 2024
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EXHIBIT C 1

EXHIBIT C
Conceptual Phasing Plan
Item Title: 11.1
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Item Page Number: 644

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EXHIBIT D [RESERVED] 1

EXHIBIT D

RESERVED
Item Title: 11.1
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Item Page Number: 645

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EXHIBIT E 1
EXHIBIT E1
Offsite Improvements and Fair Share Obligations
1 This is the Current Version of Exhibit E as of January 4, 2024. It is subject to City staff review and verification.

Item Title: 11.1
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Item Page Number: 646

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EXHIBIT E 2
Item Title: 11.1
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Item Page Number: 647

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EXHIBIT E 3
Item Title: 11.1
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Item Page Number: 648

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EXHIBIT E 4
Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 649

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EXHIBIT E 5
Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 650

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EXHIBIT E 6
Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 651

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EXHIBIT E 7
Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 652

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EXHIBIT F 1

EXHIBIT F
Community-Wide and Area-Wide Infrastructure and Park Benefits Infrastructure/Park
Feature
Developer Provides Developer
Receives
Timing2 Developer’s
Excess
Contributions

1.Fire Station /
Public Facility
Site
Developer shall dedicate fee title to
approximately 4.87 acres free and
clear of liens and encumbrances for
the development of a Fire Station
and/or Public Facility
Developer shall contribute $10
million to City for the construction
of a Fire Station and/or Public
Facility on the site.

Development
Impact Fee
credits in an
amount not to
exceed Fire DIF
otherwise
applicable to the
Project,
estimated at $2.7
million.

Site Conveyance: A Grant
Deed conveying a legal lot
for the fire station shall be
provided to City in a form
acceptable to City Attorney,
within ten (10) business
days following recordation
of Final Map 38303.

Pad Ready: Mass grading
and utility stubs to property
of all utility types shall be
completed no later than
April 1, 2025.

Frontage Improvements:

All frontage improvements
shall be completed no later
than the earlier of (i) sixty
(60) days prior to issuance
of the first Certificate of
Occupancy for Business
Park/Commercial Business
Park and (ii) April 1, 2026.

Financial Contribution:

Developer shall pay to City
$2.5 million of the $10
million contribution prior to
the earlier of issuance of
first residential building
permit or April 1, 2024 and
the remaining $7.5 million
prior to April 1, 2025.

Land Value:
$3.3 million
Fire Station
Contribution:
$10 million
Total Excess
Contribution:
$10.6 million

2.Sports/Aquatic
Park (16.7 Acres)
Developer shall build and dedicate
the Sports/Aquatic Park.

Development
impact fee credit
in an amount not
to exceed Park
DIF otherwise
Plot Plan must be approved
within 6 months following
recordation of the tract map
creating Park Lot.

Land Value:
$11.4 million
(required by
Quimby Act)
2 Notwithstanding the times set forth in this table, the parties may, in their sole and absolute respective discretion, mutually agree to modify timing for the delivery of the improvements described in this Exhibit F, without the need for an amendment to the Agreement.

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Item Page Number: 653

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EXHIBIT F 2
Infrastructure/Park
Feature
Developer Provides Developer
Receives
Timing2 Developer’s
Excess
Contributions
applicable to the
Project,
estimated at $1.7
million.

Conveyance of
the land for the
Sports Park shall
satisfy a portion
of Developer’s
Quimby Act
obligations.

Construction drawings must
be approved prior to 1st
production Certificate of
Occupancy for residential
development.

The Park must be complete
and open to the public prior
to issuance of Certificate of
Occupancy for the two
hundred fiftieth (250th)
residential unit.

Construction
Costs:
$15.7 million
Total Excess
Contribution:
$14.0 million

3.Pedestrian
Bridge3
Developer shall build and dedicate
the Pedestrian Bridge
Construction drawings must
be approved prior to first
production Certificate of
Occupancy for residential
development.

Certificate of completion
must be issued prior to
issuance of Certificate of
Occupancy for the two
hundred fiftieth (250th)
residential unit.

Construction
Cost:
$3.9 million
Total Excess
Contribution:
$3.9 million

4.Paseo 8A / Paseo
8B
Developer shall build and dedicate
to City Paseo 8A and Paseo 8B
(totalling approximately 14 acres),
with the exception of the proposed
EMWD well site.

Conveyance of
the land for
Paseo 8A / Paseo
8B shall satisfy a
portion of
Developer’s
Quimby Act
obligations.

Class I bicycle trail and
contiguous pedestrian trail
within PA 7A, Paseo 8A,
Paseo 8B, and PA 9 must be
completed prior to issuance
of the first Certificate of
Occupancy within any of
Planning Areas 1, 2, 9, and
10 (as desginated in the
MVSP).

The balance of Paseo 8A
must be completed prior to
first residential Certificate of
Occupancy.

The balance of Paseo 8B
must be completed prior to
the earlier of (i) issuance of
the first building permit for
any non-residential building
within 600 feet of nearest
residential to the south, and
Land Value:
$9.0 million
Construction
Costs:
$8.5 million
Total Excess
Contribution:
$8.5 million
3 Obligation may be waived and released by City pursuant to Section 5.5.5(b).

Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 654

Menifee Mayor and City Council
February 7, 2024
Page
1040 of 1677

EXHIBIT F 3
Infrastructure/Park
Feature
Developer Provides Developer
Receives
Timing2 Developer’s
Excess
Contributions
(ii) the first Certificate of
Occupancy within Planning
Area 10 (as designated in
the MVSP).

5.Private
Community
Recreation
Center/Clubhouse
Developer shall build a private
community recreation
center/clubhouse. Estimated
construction cost is $2.2 million.

N/A Private Recreation
Center/Clubhouse shall be
completed prior to 1st
production residential
Certificate of Occupancy.

N/A

6.Retail / Specialty
Commercial
along Highway
74 East of
Malaga
Developer shall construct no less
than 115,000 square feet of
retail/specialty commercial
development in Planning Area 13
(as designated in the MVSP).

N/A Certificate(s) of occupancy
must be issued for a
minimum 34,500 s.f. of the
retail/specialty commercial
along Highway 74 East of
Malaga prior to issuance of
a Certificate of Occupancy
that causes any of the
following: (i) cumulative
Forecasted Daily Trips from
the residential development
components of all
Subsequent Development
Approvals exceeding seven
thousand six hundred
seventy-nine (7,679), (ii)
cumulative Forecasted Daily
Trips from the business park
and commercial-business
park development
components of all
Subsequent Development
Approvals exceeding
thirteen thousand and forty
(13,040), or (iii) cumulative
Forecasted Daily Trips from
all Subsequent Development
Approvals exceeding twenty
thousand seven hundred
nineteen (20,719).4
N/A
4This requirement may be deferred upon Developer’s presentation to City of a Market Feasibility Analysis that demonstrates to City’s satisfaction that completion of the improvement in the time required is not economically feasible.

Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 655

Menifee Mayor and City Council
February 7, 2024
Page
1041 of 1677

EXHIBIT F 4
Infrastructure/Park
Feature
Developer Provides Developer
Receives
Timing2 Developer’s
Excess
Contributions

7.Initial Industrial
Infrastructure
Improvements
Developer shall construct and
dedicate to City:
•Menifee Road improvements
along Project frontage
•Menifee/McLaughlin
intersection improvements
•Malaga Road to McLaughlin
Road (within Project
boundaries)
•McLaughlin Road in project
(up to and including
roundabout)
•McLaughlin Road from
Menifee Road to Case Road
•Case Road to within two
hundred fifty (250) feet of
Ethanac Road
N/A All improvements must be
completed and dedicated to
and accepted by City prior
to issuance of the first
Certificate of Occupancy for
Business Park and/or
Commercial -Business Park
development.

N/A

8.Secondary
Industrial
Infrastructure
Improvements
Developer shall construct and
dedicate to the City and/or Caltrans,
as applicable:
•Highway 74 along project
frontage west of Malaga
•Highway 74/Malaga
intersection/traffic signal
•Highway 74/Menifee Road
intersection
N/A All improvements must be
completed and dedicated to
and accepted by the City
and/or Caltrans, as
applicable, prior to issuance
of the first Certificate of
Occupancy for any building
other than Buildings 1, 3,
and 4 (as designated on the
MVSP)
N/A

9.Residential
Infrastructure
Improvements
Developer shall construct and
dedicate to the City:
•Briggs Road along project
frontage
•Menifee Valley Road (spine
road)
•McLaughlin Road east of
roundabout to Briggs Road
All improvements must be
completed and dedicated to
and accepted by the City
prior to issuance of the first
Certificate of Occupancy for
any residential development
in the Project.

10.Highway 74
Residential-
Related
Improvements
Developer shall construct and
dedicated to the City and/or
Caltrans, as applicable, all roadway
improvements for the intersection of
Briggs Road and Highway 74.

N/A All improvements must be
completed and dedicated to
and accepted by the City
and/or Caltrans, as
applicable, prior to the two
hundredth (200th) Certificate
of Occupancy for residential
development in the Project.

N/A
Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 656

Menifee Mayor and City Council
February 7, 2024
Page
1042 of 1677

EXHIBIT F 5
Infrastructure/Park
Feature
Developer Provides Developer
Receives
Timing2 Developer’s
Excess
Contributions

11.Highway 74
Commercial-
Related
Improvements
Developer shall construct and
dedicatet to the City and/or
Caltrans, as applicable all roadway
improvements for Highway 74
along the project frontage for
Planning Area 13 (as defined in the
MVSP)
N/A All improvements must be
completed and dedicated to
and accepted by the City
and/or Caltrans, as
applicable, prior to issuance
of the first Certificate of
Occupancy for any
commercial development in
the Project.

N/A

Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 657

Menifee Mayor and City Council
February 7, 2024
Page
1043 of 1677

NOTICE OF PUBLIC HEARING
AND

NOTICE OF INTENT TO CERTIFY A

FINAL ENVIRONMENTAL IMPACT REPORT
TIME OF HEARING: 6:00 p.m. or as soon as possible thereafter.

February 7, 2024

MENIFEE CITY COUNCIL CHAMBERS
29844 HAUN ROAD, MENIFEE, CA 92586
DATE OF HEARING:

PLACE OF HEARING:

A PUBLIC HEARING has been scheduled, pursuant to the City of Menifee Municipal Code, before the CITY OF MENIFEE CITY COUNCIL to consider the project shown below:

Project Title: “Menifee Valley Specific Plan” General Plan Amendment No. PLN 21-0336, Change of Zone No. PLN 21-0335, Specific Plan Amendment No. PLN 21-0221, Specific Plan No. PLN 21- 0217, Tentative Tract Map No. PLN 22-0033, and Development Agreement No. PLN 21-0338 and Environmental Impact Report (EIR) (State Clearinghouse No. #2022030233) Project Location: The Project is generally located within the Menifee Valley Ranch Specific Plan No. 301 (SP 301) in the northeastern portion of the City of Menifee in Riverside County, California. The Project site is generally bounded on the north by State Route 74 (SR-74) and the west by Menifee Road, both identified in the City’s General Plan as designated truck routes. Directly south are the Burlington Northern Santa Fe railroad tracks (BNSFRR), SCE transmission facilities, and Matthews Road (a dirt road designated only as a paper street). Directly to the east is Briggs Road. The 590.3-acre Project site consists of multiple parcels (Assessor Parcel Numbers [APNs] 331-260-005 through -009, 331-270-005, 331-280-005, 331-290-004, 331-300-002, -004, -005, -007, and -013, 333-170-006 and -011 through - 013). Reference Figure 1, Project Location.

The City Council will consider whether to approve the following entitlement applications at a public hearing:

General Plan Amendment No. PLN 21-0336 proposes to change the General Plan land use map to include the MVSP land use designation and remove the portion of SP 301 proposed to be removed under Specific Plan Amendment No. PLN 21-0221 (as described below).

Change of Zone No. PLN 21-0335 proposes to revise the City Zoning Map to include the Menifee Valley Specific Plan (Specific Plan No. PLN 21-0217) zone. The change of zone is required to change the SP 301 zoning designation to Specific Plan No. PLN 21-0217.

Specific Plan Amendment No. PLN 21-0221 proposes to remove parcels located north of Matthews Road, south of Highway 74, east of Menifee Road, and west of Briggs Road from SP 301. The removal of this area from SP 301 would reduce the size of SP 301 from 1,548.3 to 942.0 acres and would reduce the number of permitted residential units within SP 301 by 1,718 units.

Specific Plan No. PLN 21-0217 proposes the separate and distinct MVSP described above on 590.3 acres.

Tentative Tract Map No. PLN 22-0033 includes a subdivision to establish the boundaries and dimensions of streets and the proposed mass grading for the MVSP.Following map recordation, the final Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 658

Menifee Mayor and City Council
February 7, 2024
Page
1044 of 1677

map would become the legal document that identifies the lots and backbone infrastructure to allow for future subdivision maps to be filed.

Development Agreement No. PLN 21-0338 between the Applicant and the City identifies the terms for development of the Project site and identifies the Applicant’s obligations associated with the proposed Project. The DA refers to the MVSP for the allowable land uses in the Specific Plan area and outlines other terms and conditions of approval associated with the Specific Plan’s approval and implementation.

Project Description:

The Project includes the Specific Plan area (approximately 590.3 acres) and two sets of of f -site improvement areas. The first set of off-site improvements includes improvements to existing roadways (e.g., Menifee Road, SR-74, and Briggs Road), utility connections (e.g., water, sewer, stormwater, electricity, internet, and natural gas), landscaping, and construction of a non-vehicular bridge to connect the Specific Plan site to the Heritage Lake community to the south (up to 59.0 acres total).

In addition, a second set of off-site roadway improvements are proposed to address circulation issues and to implement the level-of-service(LOS)goals set forth in the Circulation Element of the City’s General Plan. These roadway improvements, which include widening and additional turn lanes as required, include Matthews Road/Case Road (between McLaughlin Road and Ethanac Road), McLaughlin Road (between Matthews Road/Case Road and MenifeeRoad), widening McCallBoulevard (between Encanto Drive and MenifeeRoad), and enforcingdiversion of southbound project truck traffic to the Ethanac Road interchange using the McLaughlin Road extension to Matthews Road/Case Road. Roadway improvements include possible relocation of overhead and underground utility infrastructure, additional road signage, traffic rerouting, road resurfacing and expansion, and walkways and road lighting. These improvements would result in these roadway segments being built out to their ultimate configurations as identified in the City’s General Plan Circulation Element (Circulation Element Exhibit C-3). These roadway improvements were identified in the General Plan Circulation Element and included in the Final General Plan EIR (certified on December 18, 2013) which evaluated impacts related to the adoption of the Circulation Element.

The proposed Project would facilitate the development of the 590.3-acre Project site as a mixed-use, master-planned community through the approval of the Menifee Valley Specific Plan (MVSP). The planned community would provide economic development and jobs to the City and improve the ratio of jobs to housing in Menifee while delivering a mix of uses while maintaining the maximum residential unit count of 1,718 that was previously approved for the Project site by SP 301.

The MVSP Land Use Plan divides the 590.3-acre property into 13 “Planning Areas”. The southern and eastern portions of the MVSP will accommodate the 1,718 housing units, providing an array of housing types and neighborhood amenities, including greenbelts, trails, a public sports park, open space and an elementary school site. The northern and western portions of the MVSP area are reserved for Civic Node Public Facilities, Business Park, Commercial Business Park, and Commercial areas that will allow uses which foster economic activity and promote job growth. A Civic Node positioned in the southwest portion of the MVSP site where the City may locate a fire station, train transit stop, and/or other needed public or quasi-public uses. Reference Figure 2, Conceptual Land Use Plan and Figure 3, Off-Site Improvement Areas.

Environmental Information: A Notice of Availability of the Draft Environmental Impact Report (DEIR) was published in the Press Enterprise on Thursday, October 19, 2023, sent to responsible and trustee agencies, and mailed to surrounding property owners within 300 feet and interested parties, stating that copies of the DEIR were available for public review at the City of Menifee City Hall, the Sun City Library and Menifee Library.

Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 659

Menifee Mayor and City Council
February 7, 2024
Page
1045 of 1677

The public review period was for the State-mandated 45 days, from October 19, 2023 through Dec em ber 4, 2023. Analysis presented in the DEIR indicated the proposed project would have certain significant and unavoidable impacts related to air quality, greenhouse gas emissions, land use and planning, and transportation, as described in detail in the DEIR. The DEIR also presented mitigation measures, which will reduce project-specific and cumulative impacts. All other environmental effectsevaluated in the DEIR are considered less-than-significant or can be successfully mitigated below the applicable significance thresholds.

The Final Environmental Impact Report (FEIR) responds to the comments and includes text revisions to the DEIR in response to input received on the DEIR. If written comments are received, they will be provided to the City of Menifee City Council as part of the staff report for the Project. The DEIR and FEIR will be submitted to the City Council for requested certification and action on the Project.

The FEIR is available on the City of Menifee Community Development Department website:
https://www.cityofmenifee.us/325/Environmental-Notices-Documents. Additionally, hard copies of the FEIR can be viewed at:
• Menifee City Hall - 29844 Haun Road, Menifee, CA 92586 The Project site is not included on a list of hazardous materials sites compiled pursuant to Gov ernm ent Code Section 65962.5 (California Department of Toxic Substances Control list of various hazardous sites).

Any person wishing to comment on the proposed Project may do so in writing between the date of this notice and the public hearing and be heard at the time and place noted above. All comments must be received prior to the time of public hearing. All such comments will be submitted to the City Council, and the City Council will consider such comments, in addition to any oral testimony, before making a decision on the proposed Project.

If this Project is challenged in court, the issues may be limited to those raised at the public hearing, described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Be advised that as a result of public hearings and comments, the City Council may amend, in whole or in part, the proposed Project. Accordingly, the designations, development standards, design or improvements, or any properties or lands within the boundaries of the proposed Project, may be changed in a way other than specifically proposed.

For further information regarding this project or to provide written correspondence, please contact Ryan Fowler, at (951) 723-3740 or e-mail [email protected].

City of Menifee, Community Development Department
Attn: Ryan Fowler, Principal Planner
29844 Haun Road
Menifee, CA 92586
Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 660

Menifee Mayor and City Council
February 7, 2024
Page
1046 of 1677

City of
Perris
Ä ÆETHANAC RD 74
Unincorporated
Riverside County
City of
Menifee§ ¨ ¦215

SIMPSON RD
ÃÃ ÃÃ Project Vicinity91 60
§ ¨ ¦
10 Project
Location
ÃÃ Riverside
ÃÃ79 County
74 § ¨ ¦§ ¨ ¦
215
15 D
FIGURE 1LEGEND
Proposed Menifee Valley Specific Plan
Approved Specific Plan 301
Menifee Valley Specific Plan EIR0 2000 4000
FEET
Project LocaƟon
SOURCE: Google Imagery (2021)
I:\CIM2106\GIS\MXD\EIR\Vicinity_EIR.mxd (9/13/2023)
Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 661

Menifee Mayor and City Council
February 7, 2024
Page
1047 of 1677

FIGURE 2
0 500 1000
Menifee Valley Specific Plan EIR
MVSP Conceptual Land Use Plan
FEET
SOURCE: ESRI, Nearmap Imagery (2022), RCTLMA (2022)
I:\CIM2106\G\Conceptual_Land_Use.ai (8/11/2022)
Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 662

Menifee Mayor and City Council
February 7, 2024
Page
1048 of 1677

FIGURE 3LEGEND
Project Area
Off-Site Improvement Area #1
Off-Site Improvement Area #2
0 1562.5 3125 Menifee Valley Specific Plan EIR
FEET Off-Site Improvement AreasSOURCE: Paleo West
I:\CIM2106\G\Off-Site_Improvement_Areas.ai (9/13/2023)
Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 663

Menifee Mayor and City Council
February 7, 2024
Page
1049 of 1677

P: (626) 314-3821
F: (626) 389-5414
E: [email protected]

Mitchell M. Tsai
Law Firm
139 South Hudson Avenue
Suite 200
Pasadena, California 91101

VIA E-MAIL
December 20, 2023
Ryan Fowler, Principal Planner
City of Menifee
29844 Haun Rd.

Menifee, CA 92586
Em: [email protected]
RE: Menifee Valley Specific Plan Project
Dear Ryan Fowler and City of Menifee,
On behalf of the Western States Regional Council of Carpenters (“Western States Carpenters” or “WSRCC”), my Office is submitting these comments to the City of Menifee (“City”) regarding the Draft Environmental Impact Report (“DEIR”) for the Menifee Valley Specific Plan Project (“Project”).

The 590.3-acre Project site would be developed with up to 1,711 residential units, 74,500 square feet of public facilities/civic uses, and 5,600,000 square feet of commercial business park use (commercial, retail, small-scale light industrial, warehouse/storage, and manufacturing). Approximately 39.9 acres of land would be designed for parks, open space, and recreation, and an elementary school would be developed on up to 12.0 acres
The Western States Carpenters is a labor union representing over 90,000 union carpenters in 12 states, including California, and has a strong interest in well-ordered land use planning and in addressing the environmental impacts of development projects. Individual members of the Western States Carpenters live, work, and recreate in the City and surrounding communities and would be directly affected by the Project’s environmental impacts.

The Western States Carpenters expressly reserves the right to supplement these comments at or prior to hearings on the Project, and at any later hearing and proceeding related to this Project. Gov. Code, § 65009, subd. (b); Pub. Res. Code, § 21177, subd. (a); see Bakersfield Citizens for Local Control v. Bakersfield (2004) 124 Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 664

Menifee Mayor and City Council
February 7, 2024
Page
1050 of 1677

City of Menifee – Menifee Valley Specific Plan Project
December 20, 2023