ORDINANCE NO. 2025- ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA APPROVING AMENDMENT NO. 1 TO DEVELOPMENT
AGREEMENT NO. 2018-277 FOR THE LEGADO SPECIFIC PLAN BY
AND BETWEEN THE CITY OF MENIFEE AND LENNAR HOMES OF
CALIFORNIA LLC AND BLC FLEMING LLC
WHEREAS, on June 3, 2020, the City Council of the City of Menifee approved the Legado Specific Plan, Development Agreement (DA) No. 2018-277, and zoning ordinance, with adoption occurring on June 17, 2020; and WHEREAS, on September 10, 2025, staff in coordination with Lennar, LLC initiated an application requesting an amendment to DA No. 2018-277 (Project). The proposed amendment seeks to: (1) extend the Development Impact Fee (DIF) freeze for lots within Lennar Phase 1 until 2030; (2) modify the timeline for completion of park and paseo improvements; and (3) reduce the required contingency for Park Cost Estimates from 15% to 5%. These additional amendments aim to support the successful completion of the Project; and
WHEREAS, the application is being processed as Amendment No. 1 to DA No. 2018-277 for the Legado Specific Plan No. 2017-187 and associated tentative tract maps; 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 October 2, 2025, the Parks, Recreation and Trails Commission of the City of Menifee reviewed a Quimby Agreement allowing the use of Quimby Fees for Heritage Village (TR 38346) to be reallocated to the construction of the West Park and Paseo for Legado Phase 1, and the Commission voted unanimously to recommend approval of the Quimby Agreement to City Council. Should DA Amendment No. 1 not be approved by City Council, the Quimby Agreement will be void; and WHEREAS, on October 8, 2025 the Planning Commission of the City of Menifee 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 Amendment No. 1 to DA No. 2018-277 for the Legado Specific Plan, which the hearing was publicly noticed on September 28, 2025, by a publication in The Press Enterprise (a newspaper of general circulation), an agenda posting, and to persons requesting public notice, and voted unanimously to recommend approval of DA Amendment No. 1 to City Council; and WHEREAS, on October 14, 2025, the Finance Subcommittee of the City of Menifee reviewed a bond premium waiver for the Community Facilities District (CFD) Bond Premiums allowing for the waiver of the 20% fee on financed fees against the City’s CFD Fund, and the Subcommittee voted unanimously to recommend approval of a bond premium waiver to City Council. Should DA Amendment No. 1 not be approved by City Council, the bond premium waiver in the form of the First Amendment to the Acquisition, Construction and Funding Agreement will be void; and
Legado - DA Amendment No. 1
November 5, 2025
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4 WHEREAS, on November 5, 2025, the City Council of the City of Menifee 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 Amendment No. 1 to DA No. 2018-277, which the hearing was publicly noticed on October 26, 2025 by a publication in The Press Enterprise (a newspaper of general circulation), an agenda posting, and notice to property owners within 300 feet of the Project boundaries, and to persons requesting public notice; and
WHEREAS, Amendment No. 1 to DA No. 2018-277 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 First Amendment to the DA supports the development of parks and paseos within the Legado Specific Plan. The DA has been revised to reflect the changes proposed as part City and Developer negotiations of the park construction costs. The changes to the DA will allow to extend the DIF freeze for lots within Lennar Phase 1 until 2030, modify the timing for completion of park and paseo improvements and reduce the required contingency for park cost estimates from 15% to 5%. 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 resulting in the generation of 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 Specific Plan will ensure that development will provide infrastructure efficiently.
The DA implements and is consistent with Land Use Plan, Circulation Plan, Grading Plan, and Phasing Plan of the Specific Plan.
Legado - DA Amendment No. 1
November 5, 2025
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4 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 including age restricted housing. The Project contains residential and recreation opportunities fostering a high quality of life.
Policy C-1.1 Require roadways to: Comply with federal, state and local design and safety standards.
The Project includes roadway standards for Encanto Drive, Sherman Road, Rouse Road and Chambers Road which will be implemented through the Development Agreement and tract maps that include Conditions of Approval which require the dedication and installation (or bonding) of roadway improvements consistent with the City’s General Plan and the City’s Public Works and Engineering Department Standard Details
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 of the monuments and streetscapes. Expanded parkways are also included on several streets to enhance the streetscapes. Roundabouts are provided within the Project to add to the community identity as well. 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.
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.
Legado - DA Amendment No. 1
November 5, 2025
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4 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.
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 Legado Specific Plan. The Specific Plan includes the allowed uses and development standards applicable to property within the Specific Plan. The DA Amendment No. 1 is compatible with the uses authorized in, and the regulations prescribed by the Specific Plan. The DA Amendment No. 1 will not modify the allowed uses and is being processed to assist in the successful completion of the Project and provide additional housing within the City of Menifee as envisioned by the Specific Plan.
As amended, 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 DA Amendment No. 1 would facilitate the development of a Specific Plan, more specifically the west and east parks as well as the west and east paseos.
The Project is compatible with the surrounding land uses, general plan land use designations and zoning classifications. The Project incorporates quality design, parks, landscaping and other improvements which will enhance the area upon construction. The proposed DA Amendment No. 1 provides for the orderly construction of the parks. The proposed DA Amendment No. 1 is consistent with the Specific Plan and will assist Lennar, LLC in implementation of the Specific Plan. The proposed DA Amendment No. 1 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 Amendment No. 1 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 Department, and Office of the Fire Marshal to Legado - DA Amendment No. 1
November 5, 2025
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4 ensure it will not create conditions materially detrimental to the surrounding uses. Conditions of approval include requiring park and other amenities to support the proposed residential component, roadway improvements consistent with the General Plan that will benefit the project site and surrounding areas.
The proposed DA Amendment No. 1 does not contain any provisions that would create conditions materially detrimental to 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 Amendment No. 1 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 consistently with the original DA. Therefore, the DA would not adversely affect the orderly development of the surrounding area. The proposed DA Amendment No. 1 would not alter the land uses as proposed in the Specific Plan. The proposed DA Amendment No. 1 would not conflict with surrounding existing and planned land uses and would not have the potential to adversely affect property values. The proposed DA Amendment No. 1 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 Amendment No. 1, 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.
There are no subdivisions proposed as part of DA Amendment No. 1. The subdivisions were approved in conjunction with the approval of the original DA. 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. Additional environmental review of the proposed DA Amendment No. 1 is not required Legado - DA Amendment No. 1
November 5, 2025
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4 since this DA was specifically included in the project description for the Environmental Impact Report (EIR) prepared for Legado and certified by the City Council in 2020. The EIR analyzed and mitigated all potentially significant effects from the development of the project including the DA.
Section 9: Adoption of the DA. The City Council finds that the facts present within the public record and within this Ordinance provide the basis to adopt Amendment No. 1 to DA No. 2018-277.
Section 10: The City Manager, or their designee, is directed and authorized to do all the following:
a. Make all necessary and appropriate clerical, typographical, and formatting corrections to the adopted Amendment No. 1 to DA No. 2018-277 prior to execution and recording; and
b. Execute Amendment No. 1 to DA No. 2018-277; and
c. To implement the DA, 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 DA Amendment No. 1 for recording within 10 days of the Effective Date that fully reflects the action of the City Council in adopting the DA Amendment No. 1.
Section 12: Effective Date. The Ordinance shall take effect and be in full force and operation 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 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.
Legado - DA Amendment No. 1
November 5, 2025
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4 THIS ORDINANCE WAS INTRODUCED AND READ on the 5th day of November 2025 and PASSED, APPROVED AND ADOPTED the 19th day of November 2025. _________________________
Bob Karwin, Acting Mayor
Attest:
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Stephanie Roseen, City Clerk
Approved as to form:
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Jeffrey T. Melching, City Attorney