PLANNING COMMISSION
APPROVED CONDITIONS
Planning Commission Meeting Date: July 16, 2026
PLANNING CASE: PR-2024-001711 (TM, PRD, DR)
Planning Division
1. Plans shall conform to the exhibits attached to this report. Proposed modifications to the approved design shall be submitted to the Planning Division and shall include revised exhibits and a narrative description of the proposed modifications.
The applicant is advised that an additional application and fee may be required.
2. The subject property shall be developed and operated substantially as described in the text of this report and as shown on the project plans on file with this case except for any specific modifications that may be required by these conditions of approval.
3. Advisory: Signs shall be permitted in accordance with Chapter 19.620 of the Zoning Code. Any new signs shall be subject to separate review and assessment.
A separate sign application, including fees and plans, will be required prior to sign permit issuance.
4. The development impact fees shall be consistent with the fees in effect at the time the Senate Bill 330 application was submitted to the City in August 2024.
5. Within thirty (30) days of project approval, the applicant shall install and maintain a project information board at a conspicuous location on the project site. The board shall be constructed of wood or metal and measure four feet by eight feet (4’ x 8’). The board shall include, at a minimum:
a. A color rendering or visual depiction of the approved project; b. A brief description of the project, including approved land uses and key project features;
c. Contact information for the project applicant, property owner, or construction manager, including a telephone number and email address; and d. An anticipated project schedule identifying major construction milestones and estimated completion date.
The project information board content and location shall be subject to review and approval by the City Planner prior to fabrication and installation. The project information board shall remain in place until completion of construction and be maintained in a legible and updated condition throughout the duration of construction.
Prior to Map Recordation:
6. Recordation of a covenant designating three (3) affordable units for very low - income households within the project site to the satisfaction of the Housing Authority. The applicant shall submit a written request to the project planner to initiate the process.
7. The applicant shall prepare and record Covenants, Conditions, and Restrictions (CC&Rs) and documents creating a Homeowners Association (HOA), subject to
approval of the Planning Division and City Attorney’s Office. The CC&Rs/HOA shall contain the following:
a. Establishment of a Homeowner’s Association.
b. Each buyer shall sign an acknowledgement that he/she has read the Constitution and By -Laws of the HOA and the CC&Rs applying to the development, including any clause pertaining to private street and private driveways;
c. The CC&Rs shall be irrevocably written and recorded so that the maintenance is the responsibility of the HOA for the life of the project. The CC&Rs shall clearly state that the HOA officers are responsible for the enforcement of the on-street parking regul ations and are personally liable for any penalties, including citations, for the failure to follow through with their responsibilities; d. The By-Laws or other appropriate document of the Homeowners’ Association shall include the obligations of the Association with respect to maintenance of the private streets;
e. The HOA shall maintain the stormwater basins, parkway, and landscape along the street frontages, and open space areas;
f. Vehicles parked on a residential driveway shall not encroach onto the sidewalk or private street;
g. All vehicles parked on site in conjunction with this use shall be maintained in operable condition;
h. Graffiti shall be removed within 24 hours of complaint; i. All lettered lots shall be maintained by the HOA; and j. All landscape, structures, walls and signage in common areas shall be maintained by the HOA
8. Advisory: The provisions of approved CC&Rs shall not be amended without the prior approval of the Community Development Director or his/her designee and the City Attorney who at his/her discretion may refer the matter to the Planning Commission. Requests for amendments to existing CC&R's shall be submitted to the Planning Division.
9. Advisory: All commonly-owned lots, improvements and facilities shall be preserved and maintained in a safe condition and in a state of good repair. Any failure to so maintain is unlawful and a public nuisance endangering the health, safety and general welfare of the public and a detriment to the surrounding community.
Prior to Grading Permit Issuance:
10. Project-related activities shall occur outside of the bird breeding season (typically January 1 to September 15 to account for both passerines and raptors) to the extent practicable. If construction must occur within the bird breeding season, then no more than three days prior to initiation of ground disturbance and/or
vegetation removal, a nesting bird and raptor pre -construction survey shall be conducted by a qualified biologist within the disturbance footprint plus a 100-foot buffer (500-foot for raptors), where feasible.
11. A 40-scale precise grading plan shall be submitted to the Planning Division and include the following notes:
a. Hours of construction and grading activity are limited to between 7:00 a.m. and 7:00 p.m. weekdays and 8:00 a.m. and 5:00 p.m. Saturdays. No construction noise is permitted on Sundays or Federal Holidays; b. Compliance with City adopted interim erosion control measures; c. Compliance with any applicable recommendations of qualified soils engineer to minimize potential soil stability problems; and d. Include a note requiring the developer to contact Underground Service Alert at least 48 hours prior to any type of work within pipeline easement.
Prior to Grading and Construction Activities:
12. Prior to the initiation of construction activities, all construction personnel conducting ground disturbance at the site shall be provided a Worker Environmental Awareness Program (WEAP) cultural resources “tailgate” training.
The training shall include visual aids, a discussion of applicable laws and statutes relating to archaeological resources, types of resources that may be found within the project site, and procedures to be followed in the event such resources are encountered. The training shall be conducted by an Archaeologist who meets the Secretary of the Interior’s Professional Qualification Standards for archaeology and may include a Native American Monitor or representative(s) consulting on the project.
A qualified Archaeological Monitor, reporting to the Project Archaeologist, shall be present during clearing and grubbing activities to identify any inadvertent exposure of cultural materials and to check for the inadvertent exposure of cultural materials. A Tribal Monitor or consulting Tribal representative may also be included.
In the event exposed soils indicate cultural materials may be present, this may be followed by regular or periodic monitoring as determined by the Archaeologist, in collaboration with a Native American monitor.
During Grading and Construction Activities:
13. Discovery of Human Remains: In the event that human remains (or remains that may be human) are discovered at the Project site during grading or earthmoving, the construction contractors, Project Archaeologist, and/or designated Native American Monitor shall immediately stop all activities within 100 feet of the find.
The Project proponent shall then inform the Riverside County Coroner and the City of Riverside Community & Economic Development Department immediately, and the coroner shall be permitted to examine the remains as required by California
Health and Safety Code Section 7050.5(b) unless more current State law requirements are in effect at the time of the discovery. Section 7050.5 requires that excavation be stopped in the vicinity of discovered human remains until the coroner can determine w hether the remains are those of a Native American. If human remains are determined as those of Native American origin, the Applicant shall comply with the state relating to the disposition of Native American burials that fall within the jurisdiction of the NAHC (PRC Section 5097). The coroner shall contact the NAHC to determine the most likely descendant(s)(MLD). The MLD shall complete his or her inspection and make recommendations or preferences for treatment within 48 hours of being granted access to the site. The Disposition of the remains shall be overseen by the most likely descendant(s) to determine the most appropriate means of treating the human remains and any associated grave artifacts.
The specific locations of Native American burials and reburials will be proprietary and not disclosed to the general public. The County Coroner will notify the Native American Heritage Commission in accordance with California Public Resources Code 5097.98.
According to California Health and Safety Code, six or more human burials at one location constitute a cemetery (Section 8100), and disturbance of Native American cemeteries is a felony (Section 7052). The disposition of the remains shall be determined in consultation between the Project proponent and the MLD. In the event that the Project proponent and the MLD are in disagreement regarding the disposition of the remains, State law will apply and the median and decision process will occur with the NAHC (see Public Resources Code Section 5097.98(e) and 5097.94(k)).
14. Construction and operation activities on the property shall be subject to the City’s Noise Code (Title 7), which limits construction noise to 7:00 a.m. to 7:00 p.m. weekdays, and 8:00 a.m. to 5:00 p.m. Saturdays. No construction noise is permitted on Sundays or federal holidays.
15. The project shall comply with all existing State Water Quality Control Board and City storm water regulations, including compliance with NPDES requirements related to construction and operation measures to prevent erosion, siltation, transport of urban pollutants, and flooding.
16. The Construction Contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site.
17. The Construction Contractor shall locate equipment staging in areas that will create the greatest distance between construction -related noise sources and noise-sensitive receptors nearest the project site during all project construction.
18. To reduce construction related particulate matter air quality impacts of the project, the following measures shall be required:
a. The generation of dust shall be controlled as required by the AQMD; b. Trucks hauling soil, dirt or other emissive materials shall have their loads covered with a tarp or other protective cover as determined by the City Engineer;
c. The project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers’ standards;
d. Sweep streets at the end of the day if visible soil material is carried onto adjacent paved public roads;
e. Trucks and other equipment leaving the site shall be washed off; f. Disturbed/loose soil shall be kept moist at all times; g. All grading activities shall be suspended when wind speeds exceed 25 miles per hour; and
h. A 15 mile per hour speed limit shall be enforced on unpaved portions of the construction site.
19. The applicant shall be responsible for erosion and dust control during construction phases of the project.
20. To reduce diesel emissions associated with construction, construction contractors shall provide temporary electricity to the site to eliminate the need for diesel - powered electric generators or provide evidence that electrical hook ups at construction sites are not cost effective or feasible.
Prior to Building Permit Issuance
21. Tract Map No. 39008 shall be recorded.
22. Development Standards: Proposed residences shall adhere to the following development standards:
Setback Lots 1 through 52 Lots 53-56
Front Yard Setbacks 10 feet minimum to the
house/18 feet minimum
to garage face
25 feet
Side Yard Setbacks 5 feet 5 feet
Rear Yard Setbacks 10 feet 15 feet
Lot Coverage 60% 30%
23. Staff Required Landscape and Irrigation Condition: Plans shall be submitted for Planning staff approval. Separate application and filing fee are required. Design modifications may be required as deemed necessary.
24. Photometric/Lighting Plan: An exterior lighting plan shall be submitted to staff for review and approval. A photometric study and manufacturer's cut sheets of all exterior lighting on the building, in the landscaped areas and in the parking -lot shall be submitted with the exterior lighting plan. All on-site lighting shall provide a minimum intensity of one foot -candle and a maximum of ten foot -candles at ground level throughout the areas serving the public and used for parking, with a ratio of average light to minimum light of four to one (4:1). The light sources shall be shielded to minimize off -site glare, shall not direct light skyward and shall be directed away from adjacent properties and public rights -of-ways. If lights are proposed to be mounted on buildings, down-lights shall be utilized. Light poles shall not exceed fourteen (14) feet in height, including the height of any concrete or other base material.
25. Construction plans submitted for Plan Check review shall include a copy of these Conditions of Approval.
26. Construction plans submitted for Plan Check review should specify the location, design and color of all domestic water meters, backflow preventers, and all on - and off-site utility cabinets subject to Planning Division and Public Utilities’ review and approval. The visibility of such facilities shall be minimized and include use of the smallest equipment possible, be painted green, and include of some form of screening including but not limited to berming, landscaping, and/or installation of a screen wall.
Prior to Release of Utilities and/or Occupancy:
27. Install the landscape and irrigation per the approved plans and submit the completed “Certificate of Substantial Completion” (Appendix C of the Water Efficient Landscaping and Irrigation Ordinance Summary and Design Manual) signed by the Designer/auditory responsible for the project. Contact the project planner to schedule the final inspection at least one week prior to needing the release of utilities.
Standard Conditions:
28. There is a 36-month time limit in which to satisfy the conditions and record Tentative Tract Map No. 39008. Six subsequent one-year time extensions may be granted by the Community & Economic Development Director upon request by the applicant. Application for a one -year time extension must be made prior to the expiration date of the map. No time extension may be granted for applications received after the expiration date of the map.
29. The request shall include a letter stating the reasons for the extension of time and associated fee shall be submitted to the Planning Division. PLEASE BE ADVISED THAT
THE APPLICANT WILL NOT BE NOTIFIED BY THE PLANNING DIVISION ABOUT THE PENDING EXPIRATION OF THE SUBJECT ENTITLEMENT.
30. The Planned Residential Development and Design Review related to implementing the subdivision may be granted time extensions by the Community
& Economic Development Director or their designee up to a total of six years beyond the original approval expiration date prior to issuance of any building permits. Once a building permit has been issued, the project will be considered vested and time extensions are no longer needed.
31. Within 30 days of approval of this case by the City, the developer shall execute an agreement approved by the City Attorney's Office to defend, indemnify, including reimbursement, and hold harmless the City of Riverside, its agents, officers and employees from any claim, action, or proceeding against the City of Riverside, its agents, officers, or employees to attack, set aside, void, or annul, an approval by the City's advisory agency, appeal board, or legislative body concerning this approval, which action is brought within the time period provided for in Section 66499.37 of the Government Code. The City will promptly notify the developer of any such claim; action or proceeding and the City will cooperate in the defense of the proceeding.
32. This approval is for design concept only and does not confirm the project has been thoroughly checked for compliance with all requirements of law. As such, it is not a substitute for the formal building permit plan check process, and other changes may be required during the plan check process.
33. This Project shall fully and continually comply with all applicable conditions of approval, State, Federal and local laws in effect at the time the permit is approved and exercised and which may become effective and applicable thereafter, and in accordance with the terms contained within the staff report and all testimony regarding this case. Failure to do so will be grounds for Code Enforcement action, revocation or further legal action.
Fire Department
34. The proposed project shall fully comply with the California Building Standards Code including the California Fire Code (CFC), as adopted and amended by the City of Riverside, or the version of these codes in effect at the time a building permit application is filed.
35. Where installation is required, a separate plan review and permit application must be submitted directly to the fire department for each of the following improvements:
a. Automatic Fire Sprinkler System (Fire Overhead)
b. Fire Service Underground.
c. Fire Protection Plan
36. Fire department access must be provided such that the farthest portion of the proposed building or structure is within 150 feet of an approved fire access road.
Emergency vehicle access and ingress road shall be a minimum 20-feet in width, and shall not be obstructed by gates and or barriers.
37. Fire access roads shall comply with the California Fire Code as adopted and amended by the City of Riverside. All portions of fire access roads shall meet the following specifications:
a. The road shall have an unobstructed width of no less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. Grade shall not exceed 15 percent.
b. The road shall provide a minimum inside turning radius of 28 feet and a minimum outside turning radius of 48 feet.
c. The road surface shall provide all-weather driving capabilities. The surface shall be constructed of asphalt, concrete, pavers and or an equivalent hard surface. The road shall be designed and maintained to provide a minimum weight capacity of 80,000 pounds.
38. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus.
39. An automatic fire sprinkler system meeting the requirements of the California Fire Code and National Fire Protection Administration Standard 13D will be required for all buildings.
40. Public and or private fire hydrants shall be installed and comply with Riverside Municipal Code 16.32.310 and 16.32.315. The fire protection water supply shall be capable of supplying the required fire flow for all proposed structures. Public and or private fire hydrants shall be installed and operational prior to start of construction and or delivery of combustible materials to job site.
41. Project is located in a Very High Fire Hazard Severity Zone pursuant Riverside Municipal Code 16.32.365. Prior to building permit issuance, the following will be required:
a. Approved Final Fire Protection Plan pursuant CFC 4903.2.1.2 b. Approved landscape plan conforming to CFC 4906.3
Parks, Recreation & Community Services
Prior to Map Recordation
42. Developer shall make payment of all applicable Park Development Impact fees (regional/reserve and trail fees) for all recorded rights -of-way, HOA Common landscape areas, private landscape or private street lots.
Prior to Map Recordation
43. Developer shall make payment of all applicable Park Development Impact Fees (local, aquatic, regional/reserve and trail fees) for privately developed areas.
Public Works – Land Development
44. Storm Drain construction will be contingent on engineer's drainage study.
45. Deed for widening La Sierra Avenue along project frontage to 55’ from monument centerline to Public Works specifications.
46. Deed for widening Alhambra Avenue along project frontage to 33’ from monument centerline to Public Works specifications.
47. Installation of curb and gutter at 20 feet from monument centerline, sidewalk and matching paving on Alhambra Avenue to Public Works specifications.
48. A "FINAL MAP" shall be processed with the Public Works Department and recorded with the County Recorder. The "FINAL MAP" shall be prepared by a Land Surveyor or Civil Engineer authorized to practice Land Surveying I the State of California and shall compl y with the State Subdivision Map Act and Title 18 of the Riverside Municipal Code. All applicable checking and recording fees are the responsibility of the applicant.
49. Installation of sewers and sewer laterals to serve this project to Public Works specifications. Minimum 20’ wide sewer easement required for sewer main.
50. Off-site improvement plans to be approved by Public Works prior to issuance of construction permit.
51. A surety prepared by Public Works to be posted to guarantee the required off-site improvements prior to map recordation.
52. Size, number, and location of driveways to Public Works specifications.
53. Closure of unused driveway(s) to Public Works specifications.
54. All security gates or facilities proposed now or in the future will be located on -site and adequate stacking space and vehicle turn -around area will have to be provided to Public Works and Fire Department specifications.
55. Plant 24-inch box size Cercis canadensis ‘Forest Pansy’ in public right-of-way along La Sierra Avenue and Pistacia atlantica 'Red Push' along Alhambra Avenue.
Typical spacing 25 -feet on-center. Prior to any planting, email Tree Inspector at [email protected], to schedule inspection for Tree Inspector to determine precise locations at time of scheduled site inspection after fine grading and hardscape installation is complete. Planting, staking, irrigation, root barriers, trunk protectors, to Landscape & Forestry specifications.
56. Prior to final inspection for the development project, the applicant shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of payment. If the project improvements include qualifying right-of-way dedications and/or street improvements to a TUMF regional arterial roadway as identified on the Regional System of Highways and Arterials, the developer may have the option to enter into a Credit/ Reimbursement Agreement with the City and Western Riverside Council of Governments (WRCOG) to recover costs for such work based on unit costs as determined by WRCOG.
The terms of the agreement shall be in accordance with the RMC Chapter 16.68 and the TUMF Administrative Plan requirements. Credit/reimbursement agreements must be fully executed prior to receiving any credit/reimbursement.
An appraisal is required for credit/reimbursement of right of way dedications and credit/reimbursement of qualifying improvements requires the public bidding and payment of prevailing wages in accordance with State Law. For further assistance, please contact the Public Works Department.
57. Prior to issuance of a building or grading permit, the applicant shall submit to the City for review and approval, a project specific WQMP that:
a. Addresses Site Design BMP's such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas and conserving natural areas; b. Incorporates the applicable Source Control BMP's as described in the Santa Ana River Region WQMP and provides a detailed description of their implementation;
c. Incorporates Treatment Control BMP's as described in the Santa Ana River Region WQMP and provides information regarding design considerations; d. Describes the long-term operation and maintenance requirements for BMP's requiring long-term maintenance; and
e. Describes the mechanism for funding the long -term operation and maintenance of the BMP's requiring long-term maintenance.
58. Prior to issuance of any building or grading permits, the property owner shall record a "Covenant and Agreement" with the County-Clerk Recorder or other instrument acceptable to the City Attorney to inform future property owners of the requirement to implement the approved project -specific WQMP. Other alternative instruments for requiring implementation of the approved project - specific WQMP include: requiring the implementation of the project -specific WQMP in the Home Owners Association or Property Owners A ssociation Conditions, Covenants and Restrictions (CC&R's); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the project-specific WQMP; or equivalent may also be considered. Alternative instruments must be approved by the City prior to the issuance of any building or grading permits.
59. If the project will cause land disturbance of one acre or more, it must comply with the statewide General Permit for Storm Water Discharges Associated with Construction Activity. The project applicant shall cause the approved final project specific WQMP to be incorporated by reference or attached to the project's Storm Water Pollution Prevention Plan as the Post-Construction Management Plan.
60. Prior to building or grading permit closeout or the issuance of a certificate of occupancy or certificate of use, the applicant shall:
a. Demonstrate that all structural BMP's described in the project specific WQMP have been constructed and installed in conformance with approved plans and specifications;
b. Demonstrate that applicant is prepared to implement all non-structural BMP's described in the approved project specific WQMP; and
c. Demonstrate that an adequate number of copies of the approved project specific WQMP are available for the future owners/ occupants.
61. Trash collection service will not be provided on common drives. Areas shall be provided along private streets to accommodate the placement of containers for automated collection. On -street parking shall be prohibited (if allowed) on collection days as requ ired to ensure access to the trash containers. Keypad activation of the security gates (if proposed) is required to allow access to the site for collection service.
Public Works – Traffic
62. Prior to the issuance of a Certificate of Occupancy, the applicant shall construct:
a) Stop sign (R1-1), stop bar, stop legend, at project driveways. Stop signs must conform to City Standard 664 and the stop bar and legend must conform to the City standard 650.
b) A high visibility crosswalk per Standard Plan No. 640 at the west leg of the intersection of Alhambra Avenue at La Sierra Avenue.
c) Project Driveway at La Sierra Avenue:
The project driveway will not allow left turn-out movements. Hence, project shall install a “NO LEFT TURN” (R3-2) sign at project driveway.
d) Install red curb parking restrictions along the inside of the horizontal curve of Alhambra approaching the first proposed residential home along with advance curve ahead warning signage and centerline striping.
e) Install a minimum of 100’of red curb along the west side of La Sierra Avenue north of its intersection with the main project driveway.
f) Install a solar powered speed feedback sign for the northbound traffic on the existing streetlight located at 50’south of the existing school driveway along La Sierra Avenue.
All signage and striping improvements must comply with the most current California Manual of Uniform Traffic Control Devices (MUTCD) and City of Riverside standards. The applicant shall hire a contractor to install MUTCD & City of Riverside Standard compliant signage & striping modification improvements. The applicant
shall obtain any necessary permits and approvals to complete the improvements.
The applicant is solely responsible for the design, procurement and installation of the improvements to the satisfaction of the Director of Public Works.
63. Prior to the issuance of any permit, the applicant shall provide traffic control plans signed by a registered professional engineer for any public street, utility, signing/striping, or traffic signal improvements.
64. Should installation of private gates be proposed in the future, a site plan, showing the proposed improvements, and an empirical Gate Stacking Analysis, consisting of a feasibility study illustrating adequate vehicle turn around area in front of the gates as well as emergency vehicle access, shall be submitted to the Public Works Department and Planning Division for review. Site plan changes shall be subject to consideration by the Staff Application Review Team (START) or Planning Commission, as applicable, and may require a revision to this Planning entitlement.
65. Construction of a median opening at La Sierra Avenue at the project entrance, to Public Works specifications.
Public Utilities – Electric
66. Developer is responsible for all trenching, installation of conduit, and sub-structures required to provide power to the site. In addition to installing spare conduits, streetlights, also stub & cap along all property frontages.
67. Plot existing electrical distribution facilities on the original site plan submitted for Plan Check.
68. The Developer is responsible for all fees and costs associated with providing electrical power to the site.
69. Provide proposed PJC and transformer locations.
70. Provide E-sheets reflecting estimated load. Show location, size, and voltage of proposed switchgear on site plan.
71. Developer must notify Riverside Public Utilities (RPU) at least 4 weeks in advance of any removals prior to demolition phase. A separate application and design deposit may be collected depending on the scope.
72. Contact [email protected] for new RPU Electric Customer AutoCAD File Requirements.
Public Utilities – Water
73. New water service installations are processed under a separate plan and permit submitted directly to the Public Utilities Department. Water plan must be submitted prior to issuance of building permit.
74. Water meter installations will not be permitted in driveways.
75. Project is required to install a separate dedicated water meter for common area landscape irrigation.
76. 20-foot wide water line easement will be required for a second connection from inside the tract to Alhambra.
CITY OF RIVERSIDE DEVELOPMENT
INDEMNIFICATION AGREEMENT
Case # PR-2024-001711 (TM, PRD, DR)
THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made this _____ day of_______________, 2023, by a , a , (“Applicant”), in favor of the City of Riverside, a California charter city and municipal corporation (“City”).
RECITALS
A. The Applicant is the owner or developer of that certain real property located at 6251 and 11130 Alhambra Avenue, 6204 and 6244 La Sierra Avenue, situated on the southwest corner of La Sierra and Alhambra Avenues, within the City of Riverside, County of Riverside, State of California (“Property”). The Property is more particularly described in the legal description attached hereto as Exhibit “A” and incorporated herein by this reference.
B. The Applicant has applied to the City for certain development approvals for the Property under Planning Case No. PR -2024-001711, consisting of a proposal for a Planned Residential Development to subdivide a 9.88 acre property into 56 single family residential lots, on the Property (“Project”).
C. As a condition of approval to Planning Case No. PR-2024-001711, the City has required that the Applicant execute this Agreement, to defend, indemnify, including reimbursement, and hold harmless the City, its agents, officers and employees from any claim, action, or proceeding against the City, its agents, officers or employees, to attack, void or annul an approval by the City’s advisory agency, appeal board, or legislative body concerning the Project.
NOW, THEREFORE, in accordance with the recitals set forth above and as consideration for the approval of development entitlements stated herein, the City and Applicant agree as follows:
1. Incorporation of Recitals. The parties agree that the Recitals constitute the factual basis upon which the City and the Applicant have entered into this Agreement. The City and the Applicant each acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated into this Agreement as though fully set forth at length.
2. Term. The term of this Agreement commences upon approval of Planning Case No. PR -2024-001711 and shall terminate one year after the satisfaction of all
required conditions under said Planning Case or upon the expiration of any statute of limitations to challenge the Project, whichever is later.
3. Indemnification. The Applicant agrees to indemnify and hold harmless the City, its agents, officers, council members, employees, boards, commissions and their members and the City Council from any claim, action or proceeding brought against any of the foregoing individuals or entities, the purpose of such litigation being to attack, set aside, void or annul any approval of the Project or any related decision, or the adoption of any California Environmental Quality Act Documents or any other environmental documents which relate to the Project. This indemnification shall include, but is not limited to, all damages, costs, expenses, settlements, attorney fees or expert witness fees that may be awarded to the prevailing party, or agreed to in a settlement, and costs of suit, attorneys’ fees, and other costs, liabilities and expenses arising out of or in connection with the approval of the application or related decision, whether or not there is concurrent, passive or active negligence of the part of the City, its agents, officers, council members, employees, boards, commissions and their members and the City Council.
4. City Notification . City shall promptly notify the Applicant of any claim, action, or proceeding concerning the Project and the City shall cooperate fully in the defense of the matter. Applicant shall promptly retain counsel, at its own cost, to represent the City in any such action. Said counsel, if approved by the City, can jointly represent the City and Applicant. However, the City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defens e of the matter. Any costs and attorney’s fees incurred by the City for its separate counsel shall be paid for by the Applicant.
5. Settlement. The Applicant shall not be required to pay or perform any settlement unless the settlement is approved by the Applicant.
6. Severability. If for any reason, any portion of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect.
7. Assignability Limitations. This Agreement may be assigned by the Applicant to any successor in interest for the Project, only after Applicant has first notified the City’s Planning Division and has provided to the City Planner signed acceptance of the assignment by the assignee.
8. Nonwaiver of Rights or Remedies . The failure of the City to exercise any right or remedies available to it pursuant to this Agreement shall not constitute a waiver of that party’s right to enforce that right or to seek that remedy in the future. No course of conduct or act of forbeara nce on any one or more occasions by any party to this Agreement shall preclude that party from asserting any right or remedy available to it in
3 the future. No course of conduct or act of forbearance on any one or more occasions shall be deemed to be an implied modification of the terms of this Agreement.
9. City Authority. Notwithstanding anything in this Agreement to the contrary, the City retains all authority and discretion granted to it by law to either approve, disapprove or modify any of the proposed uses of the Property and/or Project in accordance with City ordinances and the approved General Plan.
10. No Oral Modifications. This Agreement represents the entire understanding of the City and the Applicant and supersedes all other prior or contemporaneous written or oral agreements pertaining to the subject matter of this Agreement. This Agreement may be modified, but only b y a writing signed by both the City and the Applicant. All modifications to this Agreement must be approved by the City Council of the City of Riverside.
11. Binding Upon Successors . This Agreement and each of its terms shall be binding upon the City, the Applicant and their respective officers, elected officials, employees, agents, contractors, and permitted successors and assigns.
12. Legal Challenges . Nothing herein shall be construed to require City to defend any third -party claims and suits challenging any action taken by the City with regard to any procedural or substantive aspect of the City’s approval of the Project, the environmental process, or the proposed uses of the Property. The City shall retain sole and absolute discretion on whether or not it will defend any action filed which challenges the Project, or whether it will take any other course of action on the Project. The Applicant may, however, in its sole and absolute discretion, appear as real party in interest in any third-party action or proceeding, and in such event, the City may defend such action or proceedings at City’s sole and absolute discretion. This City shall have the absolute right to retain such legal counsel as the City deems necessary and appropriate to represent its interests.
13. Attorneys’ Fees. In the event that any action or proceeding, including arbitration, is commenced by either the City or the Applicant against the other to establish the validity of this Agreement or to enforce any one or more of its terms, each party shall bear their own attorney’s fees.
14. Jurisdiction and Venue. This Agreement is executed and is to be performed in the City of Riverside, Riverside County, California, and any action or proceeding brought relative to this Agreement shall be heard in the Riverside County Superior Court, and the parties hereby waiv e all provisions of law providing for a change of venue in such proceedings to any other county.
4 15. Headings. The headings of each Section of the Agreement are for the purposes of convenience only and shall not be construed to either expand or limit the express terms and language of each Section.
16. Representations of Authority. Each party signing this Agreement on behalf of a party which is not a natural person hereby represents and warrants that all necessary legal prerequisites to that party’s execution of this Agreement have been satisfied and that he or she has been authorized to sign this Agreement and bind the party on whose behalf he or she signs.
IN WITNESS WHEREOF, the Applicant has caused this Indemnification Agreement to be executed the date first written above.
APPLICANT:
By_____________________________
Printed Name____________________
Title___________________________
By______________________________
Printed Name_____________________
Title____________________________
APPROVED AS TO FORM:
City Attorney
By_______________________
Rev: October 2023