- -
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CITY OF WILDOMAR
CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 25/26 to FY 29/30
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Jason Farag
INITIATED: FY 21/22
FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 &
Future Years
Project Dev/Environ. - $ - $ - $ - $ - $ - $
Design/PS&E - - - - - -
Right-of-Way - - - - - -
Construction 880,000 880,000 - - - -
Const Admin/Inspect. 100,000 100,000 - - - -
Total Cost: 980,000$ 980,000$ -$ -$ -$ -$
FUNDING SOURCES
506 - HSIP 272,900$ 272,900$ - $ - $ - $ - $
201 - Measure A 207,100 207,100 - - - -
510 - Bond Proceeds 500,000 500,000 - - - -
- - - - - -
- - - - - -
PROJECT DESCRIPTION AND EXHIBIT
Install a new traffic signal and appurtenant street improvements including safety lighting, crosswalks, and pedestrian countdown heads. Project is also part of larger improvements along Bundy Canyon Rd. from The Farm Rd. to Cottonwood Canyon Rd./Sunset Ave. The City has secured Highway Safety Improvement Project (HSIP) grant funding for the design and construction of the signal, however coordination with the adjacent developer and the schedule for improvements to Bundy Canyon Rd. Segment 3 (CIP 026-3) will be necessary.
PROJECT
PHASE/TASK
TOTAL 5-
YEAR
PROJECT
PROJECTED BUDGETPROPOSED BUDGET
PROJECT SUMMARY
Harvest Way East/Bundy Canyon Rd. Traffic Signal 088
Harvest Way East and Bundy Canyon Rd. Intersection Trans. (Signals)
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CITY OF WILDOMAR
CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 25/26 to FY 29/30
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Cameron Luna
INITIATED: FY 21/22
FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 &
Future Years
Project Dev/Environ. - $ - $ - $ - $ - $ - $
Design/PS&E - - - - - -
Right-of-Way - - - - - -
Construction 545,000 545,000 - - - -
Const Admin/Inspect. 50,000 50,000 - - - -
Total Cost: $ 595,000 $ 595,000 -$ -$ -$ -$
FUNDING SOURCES
506 - HSIP $ 517,600 $ 517,600 - $ - $ - $ - $
201 - Measure A 77,400 77,400 - - - -
- - - - - -
- - - - - -
- - - - - -
PROJECT DESCRIPTION AND EXHIBIT
Replace existing vehicle heads with LED vehicle heads with retro- reflective backing plates, provide advanced dilemma zone detection, and add a protected left-turn phase at two intersections.
PROJECT
PHASE/TASK
TOTAL 5-
YEAR
PROJECT
PROJECTED BUDGETPROPOSED BUDGET
PROJECT SUMMARY
Traffic Signal Retrofits and Upgrades 089
Various Locations Citywide Trans. (Signals)
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CITY OF WILDOMAR
CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 25/26 to FY 29/30
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Cameron Luna
INITIATED: FY 21/22
FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 &
Future Years
Project Dev/Environ. - $ - $ - $ - $ - $ - $
Design/PS&E - - - - - -
Right-of-Way - - - - - -
Construction 520,000 520,000 - - - -
Const Admin/Inspect. 50,000 50,000 - - - -
Total Cost: 570,000$ 570,000$ -$ -$ -$ -$
FUNDING SOURCES
506 - HSIP 375,200$ 375,200$ - $ - $ - $ - $
201 - Measure A 194,800 194,800 - - - -
- - - - - -
- - - - - -
- - - - - -
PROJECT DESCRIPTION AND EXHIBIT
Replace existing vehicle heads with LED vehicle heads with retro- reflective backing plates, provide advanced dilemma zone detection, and add a protected left-turn phase at two intersections.
PROJECT
PHASE/TASK
TOTAL 5-
YEAR
PROJECT
PROJECTED BUDGETPROPOSED BUDGET
PROJECT SUMMARY
Traffic Signal Retrofits and Upgrades 089
Various Locations Citywide Trans. (Signals)
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CITY OF WILDOMAR
REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.16
Meeting Date: October 13, 2025
SUBJECT:
Resolution of Issuance CFD 2025-1 (Camelia)
SUBMITTED BY:
Heidi Schrader, Administrative Services Director
PREPARED BY:
Heidi Schrader, Administrative Services Director
ACTION:
1. Adopt a Resolution entitled:
RESOLUTION NO. 2025-___
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR TO ESTABLISH COMMUNITY FACILITIES DISTRICT 2025-1 (CAMELIA) OF THE CITY OF
WILDOMAR, TO AUTHORIZE THE LEVY OF A SPECIAL TAX TO PAY THE COSTS OF
ACQUIRING OR CONSTRUCTING CERTAIN FACILITIES AND TO PAY DEBT SERVICE
ON BONDED INDEBTEDNESS
2. Adopt a Resolution entitled:
RESOLUTION NO. 2025-___
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR TO INCUR BONDED INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $10,000,000 WITHIN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2025-1 (CAMELIA) OF THE CITY OF
WILDOMAR
SUMMARY:
Approval of these resolutions, establishes the City's intention to form CFD No. 2025-1 (Camelia), and to incur bonded indebtedness in an amount not to exceed $10,000,000. It also authorizes the City Manager to enter into a Reimbursement Agreement with the Developer.
BACKGROUND:
KB Home Cal Management Services LLC, a Delaware limited liability company (the Developer) owns 22.15 gross acres of property within the City which is proposed to be developed into 163 single family residential homes. Such property is generally located to the southeast of a newly established intersection of Washington Avenue and a newly extended Jefferson Avenue on the border of the City of Murrieta. The Developer has requested that the City form a Community Facilities District (CFD No 2025-1 (Camelia)) to encompass the property in accordance with the Mello-Roos Community Facilities Act of 1982 (the Act), to finance the costs of certain public improvements through the levy of a special tax and the issuance of bonds. The maximum amount of bonded indebtedness proposed is $10,000,000.
DISCUSSION:
The Developer has requested that the boundaries of CFD No. 2025-1 (Camelia) include the 288
area described in Attachment A of the Resolution of Intention to Establish CFD No. 2025-1 (Attachment 1), and that special taxes be levied within the boundaries of the District in accordance with the Rate and Method of Apportionment (RMA) described in Attachment C to the Resolution of Intention. The public improvements eligible to be financed by CFD 2025-1 are described in Attachment B to the Resolution of Intention. The Resolution of Intention is the first step in the process of forming CFD No. 2025-1. The attached Resolutions declare the City's intention to establish CFD No. 2025-1, its intention to incur bonded indebtedness by CFD No. 2025-1, and calls for a public hearing. A public hearing on the matter will take place on December 10, 2025, and at that time the Council will formally consider approval to form CFD No. 2025-1, and hold elections on the approval of the special taxes and the need to incur bonded indebtedness within CFD No. 2025-1.
The Developer has made a deposit to pay for the costs of the formation proceedings. This deposit may be reimbursed to the Developer once bonds are sold, in accordance with the reimbursement agreement (Attachment 3). If established, and subject to necessary Council and voter approvals, CFD No. 2025-1 will annually levy special taxes on all of the taxable property within the District in accordance with the RMA, attached to the Resolution of Intention. Such special taxes will be used to pay for the costs of facilities, debt service on bonds, and administration of CFD No. 2025-1. The RMA provides that the annual special tax rates in the first year will range from $2,426 for home sizes less than 1,500 square feet up to $2,822 for home sizes greater than 1,700 square feet, with rates escalating at 2% per year.
FISCAL IMPACT:
There is no fiscal impact to the City. Costs of formation will be paid by the developer through a prepaid deposit. Any bonds issued by CFD No. 2025-1 are not obligations of the City and will be secured solely by the Special Taxes levied within CFD No. 2025-1.
ATTACHMENTS:
1 RESOLUTION OF INTENTION TO ESTABLISH WILDOMAR 2025-1 (CAMELIA).docx 2 RESOLUTION OF INTENTION TO INCUR DEBT WILDOMAR 2025-1 (CAMELIA).doc 3 REIMBURSEMENT AGREEMENT WILDOMAR 2025-1 (CAMELIA).docx 4 CFD 2025-1 Project Map.pdf
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RESOLUTION NO. 2025-___
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF
THE CITY OF WILDOMAR TO ESTABLISH COMMUNITY
FACILITIES DISTRICT NO. 2025-1 (CAMELIA) OF THE
CITY OF WILDOMAR, TO AUTHORIZE THE LEVY OF A
SPECIAL TAX TO PAY THE COSTS OF ACQUIRING OR
CONSTRUCTING CERTAIN FACILITIES AND TO PAY
DEBT SERVICE ON BONDED INDEBTEDNESS
WHEREAS, the City of Wildomar (the “City”) received a petition signed by the owner of more than ten percent of the land within the boundaries of the territory which is proposed for inclusion in a proposed community facilities district, which petition meets the requirements of Sections 53318 and 53319 of the Government Code of the State of California; and
WHEREAS, the City Council of the City (the “City Council”) desires to adopt this resolution of intention as provided in Section 53321 of the Government Code of the State of California to establish a community facilities district consisting of the territory described in Attachment “A” hereto and incorporated herein by this reference, which the City Council hereby determines shall be known as “Community Facilities District No. 2025-1 (Camelia) of the City of Wildomar” (“Community Facilities District No. 2025-1” or the “District”) pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Government Code (the “Act”) to finance (1) the purchase, construction, modification, expansion, improvement or rehabilitation of ce rtain real or other tangible property described in Attachment “B” hereto and incorporated herein by this reference, including all furnishings, equipment and supplies related thereto (collectively, the “Facilities”), which Facilities have a useful life of five years or longer, and (2) the incidental expenses to be incurred in connection with financing the Facilities and forming and administering the District (the “Incidental Expenses”); and
WHEREAS, the City Council further intends to approve an estimate of the costs of the Facilities and the Incidental Expenses for Community Facilities District No. 2025-1; and WHEREAS, it is the intention of the City Council to consider financing the Facilities and the Incidental Expenses through the formation of Community Facilities District No. 2025-1 and the issuance of bonded indebtedness in an amount not to exceed $10,000,000 with respect to the Facilities and the Incidental Expenses and the levy of a special tax to pay for the Facilities and the Incidental Expenses (th e “Special Tax”) and to pay debt service on the bonded indebtedness, provided that the bond sale and such Special Tax levy are approved at an election to be held within the boundaries of Community Facilities District No. 2025-1; and
WHEREAS, the City desir es to enter into a reimbursement agreement with KB Home Cal Management Services LLC , a Delaware limited liability company (the “Developer”), the form of which is on file with the City Clerk (the “Reimbursement Agreement”), to 290
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provide for the reimbursement of certain amounts advanced by the Developer in connection with the formation of the District; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WILDOMAR, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. A community facilities district is proposed to be established under the terms of the Act. It is further proposed that the boundaries of the community facilities district shall be the legal boundaries as described in Attachment “A” hereto, which boundaries shall, upon recordation of the boundary map for the District, include the entirety of any parcel subject to taxation by the District, and as depicted on the map of the proposed Community Facilities District No. 2025-1 which is on file wit h the City Clerk. The City Clerk is hereby directed to sign the original map of the District and record it with all proper endorsements thereon with the Assessor -County Clerk - Recorder of the County of Riverside within 15 days after the adoption of this re solution, all as required by Section 3111 of the Streets and Highways Code of the State of California.
SECTION 3. The name of the proposed community facilities district shall be “Community Facilities District No. 2025-1 (Camelia) of the City of Wildomar.” SECTION 4. The Facilities proposed to be provided within Community Facilities District No. 2025-1 are public facilities as defined in the Act, which the City, and the Water District, with respect to certain water and sewer facilities, are authorized by law to construct, acquire, own and operate. The City Council hereby finds and determines that the description of the Facilities herein is sufficiently informative to allow taxpayers within the proposed District to understand what the funds of the District ma y be used to finance. The Incidental Expenses expected to be incurred include the cost of planning and designing the Facilities, the costs of forming the District, issuing bonds and levying and collecting the Special Tax within the proposed District. The Facilities may be acquired from one or more of the property owners within the District as completed public improvements or may be constructed from bond or Special Tax proceeds.
All or a portion of the Facilities may be purchased with District funds as comp leted public facilities pursuant to Section 53314.9 or as discrete portions or phases pursuant to Section 53313.51 of the Act and/or constructed with District funds pursuant to Section 53316.2 of the Act. Any portion of the Facilities may be financed thro ugh a lease or lease-purchase arrangement if the District hereafter determines that such arrangement is of benefit to the District.
SECTION 5. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordanc e with the procedures contained in the Act the Special Tax, secured by recordation of a continuing lien against all nonexempt real property in the District, sufficient to pay for: (i) the Facilities and Incidental Expenses; and (ii) the principal and inte rest and other periodic costs on bonds or other 291
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indebtedness issued to finance the Facilities and Incidental Expenses, including the establishment and replenishment of any reserve funds deemed necessary by the District, and any remarketing, credit enhancem ent and liquidity facility fees (including such fees for instruments which serve as the basis of a reserve fund in lieu of cash).
The rate and method of apportionment and manner of collection of the Special Tax are described in detail in Attachment “C” at tached hereto, which Attachment “C” is incorporated herein by this reference. Attachment “C” allows each landowner within the District to estimate the maximum amount of the Special Tax that may be levied against each parcel. In the first year in which su ch Special Tax is levied, the levy shall include an amount sufficient to repay to the District all amounts, if any, transferred to the District pursuant to Section 53314 of the Act and interest thereon.
If the Special Tax is levied against any parcel used for private residential purposes, (i) the maximum Special Tax rate shall be specified as a dollar amount which shall be calculated and established not later than the date on which the parcel is first sub ject to the Special Tax because of its use for private residential purposes and shall not be increased over time, except as set forth in Attachment “C” hereto, (ii) such Special Tax shall not be levied after fiscal year 2065-66 as described in Attachment “ C” hereto, and (iii) under no circumstances will the Special Tax levied in any fiscal year against any such parcel used for private residential uses be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parce ls within the District by more than ten percent (10%) above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults.
The Special Tax is based on the expected demand that each parcel of real propert y within proposed Community Facilities District No. 2025-1 will place on the Facilities and on the benefit that each parcel derives from the right to access the Facilities. The City Council hereby determines that the proposed Facilities are necessary to m eet the increased demand placed upon the City and the existing infrastructure in the City as a result of the development of the land proposed for inclusion in the District. The City Council hereby determines the rate and method of apportionment of the spe cial tax with respect to the Special Tax set forth in Attachment “C” to be reasonable. The Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and such special tax is not on or based upon the value or ow nership of real property. In the event that a portion of the property within Community Facilities District No. 2025-1 shall become for any reason exempt, wholly or partially, from the levy of the Special Tax specified on Attachment “C,” the City Council shall, on behalf of Community Facilities District No. 2025-1, cause the levy to be increased, subject to the limitation of the maximum Special Tax for a parcel as set forth in Attachment “C,” to the extent necessary upon the remaining property within propos ed Community Facilities District No. 2025-1 which is not exempt in order to yield the Special Tax revenues required for the purposes described in this Section 5. The obligation to pay the Special Tax may be prepaid only as set forth in Section G of Attachment “C” hereto.
SECTION 6. A public hearing (the “Hearing”) on the establishment of the proposed Community Facilities District No. 2025-1, the proposed rate and method of apportionment of the Special Tax and the proposed issuance of bonds to finance the 292
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Facilities and the Incidental Expenses shall be held at 6:00 p.m., or as soon thereafter as practicable, on December 10 , 2025 , at the City Council Chambers, 23873 Clinton Keith Road, Suite 106, Wildomar, California 92595. Should the City Council determine to form the District, a special election will be held to authorize the issuance of the bonds and the levy of the Special Tax in accordance with the procedures contained in Government Code Section 53326. If held, the proposed voting procedure at the election will be a landowner vote with each landowner who is the owner of record of land within the District at the close of the Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof owned within the proposed District. Ballots for the special election may be distributed by mail or by personal service.
SECTION 7. At the time and place set forth above for the Hearing, the City Council will receive testimony as to whether the proposed Community Facilities District No. 2025-1 shall be established and as to the method of apportionment of the special tax and shall consider:
(a) if an ad valorem property tax is currently being levied on property within proposed Community Facilities District No. 2025-1 for the exclusive purpose of paying principal of or interest on bonds, lease payments or other indebtedness incurred to finance construction of capital facilities; and
(b) if the capital facilities to be financed and constructed by Community Facilities District No. 2025-1 will provide the same services as were provided by the capital facilities mentioned in subsection (a); and
(c) if the City Council makes the findings specified in subsections (a) and (b) above, it will consider appropriate action to deter mine whether the total annual amount of ad valorem property tax revenue due from parcels within Community Facilities District No. 2025-1, for purposes of paying principal and interest on the debt identified in subsection (a) above, shall not be increased a fter the date on which Community Facilities District No. 2025-1 is established, or after a later date determined by the City Council with the concurrence of the legislative body which levied the property tax in question.
SECTION 8. At the time and place se t forth above for the Hearing, any interested person, including all persons owning lands or registered to vote within proposed Community Facilities District No. 2025-1, may appear and be heard.
SECTION 9. Each City officer who is or will be responsible for providing the Facilities within proposed Community Facilities District No. 2025-1, if it is established, is hereby directed to study the proposed District and, at or before the time of the above - mentioned Hearing, file a report with the City Council conta ining a brief description of the public facilities by type which will in his or her opinion be required to meet adequately the needs of Community Facilities District No. 2025-1 and an estimate of the cost of providing those public facilities, including the cost of environmental evaluations of such facilities and an estimate of the fair and reasonable cost of any Incidental Expenses to be incurred.
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SECTION 10. The District may accept advances of funds or work -in-kind from any source, including, but not limited to, private persons or private entities, for any authorized purpose, including, but not limited to, paying any cost incurred in creating Community Facilities District No. 2025-1. The District may enter into an agreement with the person or entity advancing the funds or work -in-kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council, with or without interest.
SECTION 11. The City Clerk is hereby directed to publish a notice (the “Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of proposed Community Facilities District No. 2025-1.
The City Clerk is further directed to mail a copy of the Notice to each of the landowners within the boundaries of the District at least 15 days prior to the Hearing. The Notice shall contain the text or a summary of this Resolution, the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and lan downers in the proposed district and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least seven (7) days prior to the date of the Hearing.
SECTION 12. The reasonably expected ma ximum principal amount of the bonded indebtedness to be incurred by the District for the Facilities and Incidental Expenses is Ten Million Dollars ($10,000,000).
SECTION 13. The form of the Reimbursement Agreement is hereby approved. The Mayor, the City Manager, the Administrative Services Director or their written designees are hereby authorized and directed to execute and deliver the Reimbursement Agreement in the form on file with the City Clerk with such changes, insertions and omissions as may be approved by the officer or officers executing such agreement, said execution being conclusive evidence of such approval.
SECTION 1 4. Except to the extent limited in any bond resolution or trust indenture related to the issuance of bonds, the City Council here by reserves to itself all rights and powers set forth in Section 53344.1 of the Act (relating to tenders in full or partial payment).
SECTION 15. This Resolution shall be effective upon its adoption.
PASSED, APPROVED AND ADOPTED this 13th day of October, 2025:
Ashlee DePhillippo
Mayor
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APPROVED AS TO FORM: ATTEST:
Thomas D. Jex Janet Morales
City Attorney City Clerk
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF WILDOMAR )
I, Janet Morales, City Clerk of the City of Wildomar, California, do hereby certify that Resolution No. ____________ was adopted by the City Council of the City of Wildomar, California, at the Regular meeting of October 13, 2025 and that the same was adopt ed by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Janet Morales
City Clerk
City of Wildomar
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ATTACHMENT A
BOUNDARY MAP
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The property in the District is described as follows:
Real property in the City of Wildomar, County of Riverside, State of California, described as follows:
Riverside County Assessor Parcel No. 380-220-010
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ATTACHMENT B
Types of Facilities
to Be Financed by Community
Facilities District No. 2025-1 (Camelia) of the City of Wildomar The proposed types of public facilities and expenses to be financed by the District include:
The construction, purchase, modification, expansion, rehabilitation and/or improvement of (i) drainage, library, park, police, fire, roadway, traffic, administration and community center facilities, animal shelter facilities, and other public facilities of the City, including the for egoing public facilities which are included in the City’s fee programs with respect to such facilities and authorized to be financed under the Act (the “City Facilities”), and (ii) water and sewer facilities including the acquisition of capacity in the sewer system and/or water system of the Elsinore Valley Municipal Water District which are included in Elsinore Valley Municipal Water District’s water and sewer capacity and connection fee programs (the “Water District Facilities” together, with the City Fac ilities, the “Facilities”), and all appurtenances and appurtenant work in connection with the foregoing Facilities, including the cost of engineering, planning, designing, materials testing, coordination, construction staking, construction management and supervision for such Facilities, and to finance the incidental expenses to be incurred, including:
a. The cost of engineering, planning and designing the Facilities; b. All costs, including costs of the property owner petitioning to form the District, assoc iated with the creation of the District, the issuance of the bonds, the determination of the amount of special taxes to be levied and costs otherwise incurred in order to carry out the authorized purposes of the District; and c. Any other expenses incident al to the construction, acquisition, modification, rehabilitation, completion and inspection of the Facilities.
Capitalized terms used and not defined herein shall have the meaning set forth in the Rate and Method of Apportionment of Special Taxes for the District.
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ATTACHMENT C
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR
COMMUNITY FACILITIES DISTRICT NO. 2025-1 (CAMELIA)
OF THE CITY OF WILDOMAR
A Special Tax (all capitalized terms not otherwise defined herein are defined in Section A, “Definitions”, below) shall be applicable to each Assessor’s Parcel of Taxable Property located within the boundaries of the City of Wildomar Community Facilities District No. 2025-1 (Camelia) of the City of Wildomar ("CFD No. 2025 -1"). The amount of Special Tax to be levied in each Fiscal Year on an Assessor’s Parcel shall be determined by the City Council of the City of Wildomar, acting in its capacity as the legislative body of CFD No. 2025 -1, by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, and Provisional Undeveloped Property that is not Exempt Property as set forth below. All of the real property, unless exempted by law or by the prov isions hereof in Section F, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Accessory Dwelling Unit” means a residential unit of limited size including a smaller second unit that shares an Assessor’s Parcel as a Single Family Residential Property with a stand-alone Residential Unit.
"Acre” or “Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the l and area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final map, parcel map, Condominium Plan, or other recorded parcel map or instrument. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560.
"Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2025 -1: the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the cos ts of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting Special Taxes to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to t he City, CFD No. 2025 -1 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2025 -1 or any designee thereof of complying with continuing disclosure requirements of the City, CFD No. 2025-1 and any major pr operty owner associated with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax disclosure 300
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statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2025 -1 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City’s annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2025 -1 for any other administrative purposes of CFD No. 2025 -1, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
"Approved Property" means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1 st preceding the Fiscal Year in which the Special Tax is being levied, (ii) that have an as signed Assessor’s Parcel Number from the County shown on an Assessor’s Parcel Map for the individual lot included on the Final Map, and (iii) that have not been issued a building permit on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied.
"Assessor’s Parcel" means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
"Assessor’s Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
"Assessor’s Parcel Number" means that number assigned to an Assessor’s Parcel by the County for purposes of identification.
"Assigned Special Tax" means the Special Tax of that name described in Section D below.
"Backup Special Tax " means the Special Tax of that name described in Section D below.
"Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, certificates of participation, long -term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts, or any refunding thereof, to which the Special Tax of CFD No. 2025-1 has been pledged.
"Building Permit" means the first legal document issued by the Ci ty giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include expired or cancelled building permits, or any subsequent building permit document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator, provided that following such determination the Maximum Special Tax that may be levied on all Assessor’s Parcels of Taxable Property wi ll be at least 1.1 times annual debt service on all outstanding Bonds plus the estimated annual Administrative Expenses.
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"Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the Building Permit for such Assessor’s Parcel.
"Calendar Year" means the period commencing January 1 of any year and ending the following December 31.
"CFD” or “CFD No. 2025-1" means Community Facilities District No. 2025-1 (Camelia) of the City of Wildomar established by the City under the Act.
“CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement, and providing for the levy and collection of the Special Taxes.
“City” means the City of Wildomar, State of California.
"City Council" means the City Council of the City of Wildomar, acting as the legislative body of CFD No. 2025-1.
“Condominium Plan" means a Condomi nium Plan pursuant to California Civil Code, Section 6624.
"County" means the County of Riverside, State of California.
"Developed Property" means all Assessor’s Parcels that: (i) are included in a Final Map that was recorded prior to the January 1 st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) for which a Building Permit for new construction was issued on or before May 1 st preceding the Fiscal Year in which the Special Tax is being levied.
"Exempt Property" means all Asses sor’s Parcels designated as being exempt from Special Taxes as provided for in Section F.
"Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Govern ment Code Section 66410 et seq.) or recordation of a Condominium Plan pursuant to California Civil Code Section 6624 that creates individual lots for which Building Permits may be issued without further subdivision.
"Fiscal Year" means the period commenci ng on July 1 st of any year and ending the following June 30th.
“Indenture” means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same.
“Land Use Category” means any of the categories listed in Table 1 of Section D.
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"Maximum Special Tax" means for each Assessor’s Parcel, the maximum Special Tax, determined in accordance with Section D below, that can be levied by CFD No. 2025-1 on such Assessor’s Parcel.
“Multifamily Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the CFD Administrator.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for which a Building Permit(s) was issued for a non-residential use. The CFD Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property.
"Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax obligation for an Assessor’s Parcel, as described in Section G.2.
"Prepayment Amount" means the amount required to prepay the Special Tax obligation in full for an Assessor’s Parcel, as described in Section G.1.
“Proportionately” means for Taxable Property that is (i) Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special Tax is the same for all Assessor’s Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor’s Parcels of Approved Property, and (iii) Undeveloped Property or Provisional Undeveloped Property, that th e ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Assessor’s Parcels of Undeveloped Property or Provisional Undeveloped Property, as applicable.
"Provisional Undeveloped Property" means all Assessor’s Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section F, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required mini mum Acreage set forth in Section F.
"Residential Property" means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more Residential Units.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the CFD Administrator. An Accessory Dwelling Unit that shares an Assessor’s Parcel with a Single Family Residential Property shall not be c onsidered a Residential Unit for purposes of this RMA.
“RMA" means this Rate and Method of Apportionment of Special Taxes.
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“Single Family Residential Property” means all Assessor’s Parcels of Residential Property other than Multifamily Property.
"Special Tax" or “Special Taxes” means any of the special taxes authorized to be levied within CFD No. 2025-1 pursuant to the Act to fund the Special Tax Requirement.
"Special Tax Requirement " means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to replenish any reserve funds established in association with the Bonds (provided that the same amount was not previously levied), (v) an amount up to any anticipated shortfall (based on the prior year’s delinquency rate) due to Special Tax delinquencies and (vi) for the collection or accumulation of funds for the acquisition or construction of facilities authorized by CFD No. 2025 -1 or the payment of debt service on Bonds anticipated to be issued, provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on Approved Property or Undeveloped Property as set forth in Steps Two or Three of Section E., less (vii) any amounts available to pay debt service or other periodic costs on the Bonds pursuant to the Indenture.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2025 -1, which are not Exempt Property.
“Taxable Unit” means either a Residential Unit or an Acre.
“Trustee” means the trustee, fiscal agent, or paying agent under the Indenture.
"Undeveloped Property" means all Assessor’s Parcels of Taxable Property which are not Developed Property, Approved Property, or Provisional Undeveloped Property.
B. SPECIAL TAX
Commencing Fiscal Year 2025 -2026 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property, up to the applicable Maximum Special Tax, to fund the Special Tax Requirement.
C. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX
Each Fiscal Year, beginning with Fiscal Year 2025 -2026, each Assessor’s Parcel within CFD No. 2025 -1 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property.
Assessor’s Parcels of Developed Property shall further be classified as Residential Property or Non -Residential Property. Each Assessor’s Parcel of Residential Property shall further be classified as a Single Family Residential Property or Mu ltifamily 304
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Property. Each Assessor’s Parcel of Single Family Residential Property shall be further assigned to a Land Use Category based on its Building Square Footage.
In the event that there are Assessor’s Parcel(s) for which one or more Building Permits for Residential Units have been issued and the County has not yet assigned final Assessor’s Parcel Number(s) to such Assessor’s Parcel(s) (in accordance with the Final Map or Condominium Plan), the amount of the Special Tax levy on such Assessor’s Parcel for each Fiscal Year shall be determined as follows: (1) the CFD Administrator shall first determine an amount of the Maximum Special Tax for such Assessor’s Parcel, based on the classification of such Assessor’s Parcel as Undeveloped Property; (2) the amount of the Special Tax for the Residential Units on such Assessor’s Parcel for which Building Permits have been issued shall be determined based on the Developed Property Special Tax rates and such amount shall be levied as Developed Property in accordance with Step 1 of Section E below; and (3) the amount of the Special Tax on the Taxable Property in such Assessor’s Parcel not subject to the Special Tax levy in clause (2) shall be equal to: (A) the percentage of the Maximum Special Tax rate levied on Undeveloped Property pursuant to Step 3 of Section E below, multiplied by the total of the amount determined in clause (1), less (B) the amount determined in clause (2).
D. MAXIMUM SPECIAL TAX
1. Developed Property
The Maximum Special Tax for each Asses sor’s Parcel of Single Family Residential Property in any Fiscal Year shall be the greater of (i) the Assigned Special Tax for such Assessor’s Parcel or (ii) the Backup Special Tax.
The Maximum Special Tax for each Assessor’s Parcel of Multifamily Prope rty and Non-Residential Property shall be the applicable Assigned Special Tax described in Table 1 of Section D.
a. Assigned Special Tax
Each Fiscal Year, each Assessor’s Parcel of Single Family Residential Property, Multifamily Property or Non-Residential Property shall be subject to an Assigned Special Tax. The Assigned Special Tax for Fiscal Year 2025 -2026 applicable to an Assessor's Parcel of Developed Property shall be determined pursuant to Table 1 below.
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TABLE 1
ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY
FISCAL YEAR 2025-2026
Land Use Category
Taxable
Unit
Building Square
Footage
Assigned
Special Tax
Per Taxable
Unit
1. Single Family Residential Property RU Less than 1,500 sq. ft $2,397.00
2. Single Family Residential Property RU 1,500 sq. ft to 1,700 sq. ft $2,533.00
3. Single Family Residential Property RU Greater than 1,700 sq. ft $2,793.00
4. Multifamily Property Acre N/A $44,811.00
5. Non-Residential Property Acre N/A $44,811.00
On each July 1, commencing July 1, 2026, the Assigned Special Tax rate for Developed Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
b. Multiple Land Use Categories
In some instances an Assessor’s Parcel of Developed Property may contain m ore than one Land Use Category. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax for each Taxable Unit for all Land Use Categories located on the Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final.
c. Backup Special Tax
The Backup Special Tax for an Assessor’s Parcel within a Final Map classified as Single Family Residential Property shall be $2,895 per Residential Unit.
Notwithstanding the foregoing, if all or any portion of the applicable Final Maps and/or Condominium Plan contained within the boundaries of CFD No. 2025 -1 is subsequently changed or modified, then the Backup Special Tax for Single Family Residential Property or Approved Property in such Final Map or Condominium Plan area that is changed or modified shall be recalculated as follows:
1. Determine the total Backup Special Taxes anticipated to apply to the changed or modified Final Map or Condominium Plan area prior to the change or modification.
2. The result of paragraph 1 above shall be divided by the total number of Residential Units constructed and/or anticipated to be constructed within such changed or modified Final Map or Condominium Plan area, as reasonably determined by the CFD Administrator.
The result of paragraph 2 is the Backup Special Tax per Residential Unit which shall be applicable to Assessor’s Parcels of Single Family Residential Property or 306
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Approved Property in such changed or modified Final Map or Condominium Plan area contained within the boundaries of CFD No. 2025-1.
Notwithstanding the foregoing, the Backup Special Tax for an Assessor’s Parcel of Developed Property for which a certificate of occupancy has been granted may not be revised.
On each July 1, commencing July 1, 202 6, the Backup Special Tax rate shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
2. Approved Property
The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Single Family Residential Property shall be the Backup Special Tax computed pursuant to Section D.1.c above.
The Maximum Special Tax for each Assessor’s Parcel of Approved Property not expected to be classified as Single Family Residential Property shall be $44, 811 per Acre.
On each July 1, commencing July 1, 2026, the Maximum Special Tax rate for Approved Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
3. Undeveloped Property and Provisional Undeveloped Property
The Maximum Special Tax for each Assessor’s Parcel of Undeveloped Property and Provisional Undeveloped Property shall be $44,811 per Acre.
On each July 1, commencing July 1, 2026, the Maximum Special Tax rate for Undeveloped Property and Provisional U ndeveloped Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing Fiscal Year 2025 -2026 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property in accordance with the following steps:
Step One: (i) Prior to the first issuance of Bonds, the Special Tax shall be levied at 100% of the applicable Assigned Special Tax rates on Developed Property and (ii) subs equent to the first issuance of Bonds, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rates in Table 1 to satisfy the Special Tax Requirement.
Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied 307
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Proportionately on each Assessor’s Parcel of Approved Property at up to 100% of the Maximum Special Tax applicab le to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.
Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax shall be levied Proportio nately on each Assessor’s Parcel of Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.
Step Four: If additional moneys are needed to satisfy the Special Ta x Requirement after the first three steps have been completed, then the Special Tax levy on each Assessor's Parcel of Developed Property for which the Maximum Special Tax is the Backup Special Tax shall be increased in equal percentages from the Assigned S pecial Tax up to 100% of the Backup Special Tax as needed to satisfy the Special Tax Requirement.
Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Provisional Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.
Notwithstanding the above, under no circum stances will the Special Taxes levied in any Fiscal Year against any Assessor’s Parcel of Residential Property as a result of a delinquency in the payment of the Special Tax applicable to any other Assessor’s Parcel be increased by more than ten percent (1 0%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.
F. EXEMPTIONS
The City shall classify as Exempt Property, in the chronological order in which they become exempt, (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Asses sor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses, (vi) Assessor’s Parcels which are classified as Non -Residential Property or (vii) Assessor’s Parcels restricted to other types of public uses determined by the City Council, provided that no such classification would reduce the sum of all Taxable Property to less than 9.47 Acres.
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Notwithstanding the above, the City Council shall not classify an Assessor’s Parcel as Exempt Property if such classification woul d reduce the sum of all Taxable Property to less than 9.47 Acres. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 9.47 Acres will be classified as P rovisional Undeveloped Property, and will be subject to Special Tax pursuant to Step Five in Section E.
G. PREPAYMENT OF SPECIAL TAX
The following additional definitions apply to this Section G:
“CFD Facilities” means $7,000,000 expressed in 2025 dollars, which shall increase by the Construction Inflation Index on July 1, 2026, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the facilities under the authorized bonding program for CFD N o. 2025 -1, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to finance additional facilities to be supported by Special Tax levied under this RMA.
“Construction Fund” means an account specifically i dentified in the Indenture or functionally equivalent to hold funds, which are available for expenditure to acquire or construct facilities eligible to be financed by CFD No. 2025-1.
“Construction Inflation Index” means the greater of (i) 2% and (ii) the annual percentage change in the Engineering News -Record Building Cost Index for the city of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year.
In the event this index ceases to be published, the Construction Inflation In dex shall be another index as determined by the City that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles.
“Future Facilities Costs” means the CFD Facilities minus (i) amounts deposited in the Construction Fund, (ii) amounts deposited in any escrow accounts funded by the Outstanding Bonds and anticipated to fund public facilities costs, and (iii) public facility costs funded by interes t earnings on the Construction Fund actually earned prior to the date of prepayment, but in no event shall such amount be less than zero.
“Outstanding Bonds” means all previously issued Bonds issued and secured by the levy of Special Tax which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Tax.
1. Prepayment in Full
The Special Tax obligation may be prepaid and permanently satisfied for (i) Assessor’s Parcels of Developed Property, (ii) Assessor’s Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, (iii) Assessor’s Parcels of Approved Property or Un developed Property for which a Building Permit has not been issued and (iv) Assessor’s Parcels of Provisional Undeveloped Property. The 309
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Special Tax obligation applicable to an Assessor’s Parcel may be fully prepaid and the obligation to pay the Special Ta x for such Assessor’s Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel intending to prepay the Special Tax obligation for such Assessor’s Parcel shall provide the CFD Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice, the CFD Administrator shall notify such owner of t he amount of the non -refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the Assessor’s Parcel. Within 15 days of receipt of such non-refundable deposit, the CFD Administrat or shall notify such owner of the Prepayment Amount for the Assessor’s Parcel. Prepayment must be made not less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes.
The Prepayment Amount shall be calculated as follows (some capitalized terms are defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Equals: Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:
1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel.
2. For an Assessor’s Parcel of Developed Property, compute the Maxim um Special Tax for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax for the Assessor’s Parcel as though it was already designated as De veloped Property, based upon the Building Permit which has been issued for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, or Provisional Undeveloped Property, c ompute the Maximum Special Tax for the Assessor’s Parcel.
3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Maximum Special Taxes that could be levied assuming build out of all Assessor’s Parcels of Taxable Property based on the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property not including any Assessor’s Parcels for which the Special Tax obligation has been previously prepaid. 310
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4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the “Bond Redemption Amount”).
5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).
6. Determine the Future Facilities Costs.
7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Assessor’s Parcel (the “Future Facilities Amount”).
8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest r edemption date for the Outstanding Bonds on which Bonds can be redeemed from Special Tax prepayments.
9. Determine the Special Taxes levied on the Assessor’s Parcel in the current Fiscal Year which have not yet been paid.
10. Determine the amount the CFD Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount.
11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the “Defeasance Amount”).
12. Verify the administrative fees and expenses of the CFD, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Special Tax obligation for the Assessor’s Parcel and the redemption of Outstanding Bonds (the “Administrative Fees and Expenses”).
13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of:
(a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero.
14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount 311
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and the Administrative Fees and Expenses, less the Reserve Fund Credit.
15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facili ties Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD.
The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax prepayments of Outstanding Bonds or to make debt service payments.
As a result of the payment of the current Fiscal Year’s Special Tax levy as determined pursuant to paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year’s Special Tax levy for the Assessor’s Parcel from the County tax roll. With respect to any Assesso r’s Parcel for which the Special Tax obligation is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Tax obligation and the release of the Special Tax lien for the Asses sor’s Parcel, and the obligation to pay the Special Tax for such Assessor’s Parcel shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Tax that may be levied on all Assessor’s Parcels of Taxable Property after the proposed prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses.
Tenders of Bonds in prepayment of t he Special Tax obligation may be accepted upon the terms and conditions established by the City Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case -by-case basis as specifically approved by the City Council.
2. Prepayment in Part
The Special Tax obligation for an Assessor’s Parcel of Developed Property, Approved Property, Undeveloped Property, or Provisional Undeveloped Property may be partially prepaid. For purposes of determining the Partial Prepayment Amount, the provisions of Section G.1 shall be modified as provided by the following formula:
PP = ((PE – A) x F) + A
These terms have the following meaning:
PP = Partial Prepayment Amount
PE = the Prepayment Amount calculated according to Section G.1 312
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F = the percent by which the owner of the Assessor’s Parcel(s) is partially prepaying the Special Tax obligation
A = the Administrative Fees and Expenses determined pursuant to Section G.1
The owner of an Assessor’s Parcel who desires to partially prepay the Special Tax obligation for the Assessor’s Parcel shall notify the CFD Administrator of (i) such owner’s intent to partially prepay the Special Tax obligation, (ii) the percentage of the Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any. Within 5 days of receipt of such notice, the CFD Administrator shall notify such property owner of the amount of the non - refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Partial Prepayment Amount. Within 15 business days of receipt of such non - refundable deposit, the CFD Administrator shall notify such owner of the amount of the Partial Prepayment Amount for the Assessor’s Parcel. A Partial Prepayment Amou nt must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment Amount.
With respect to any Assessor’s Parcel for which the Special Tax obligation is partially prepaid, the CFD Administrator shall (i) distribute the Partial Prepayment Amount as provided in Paragraph 15 of Section G.1, and (ii) indicate in the records of the CFD that there has been a partial prepayment for the Assessor’s Parcel and that a portion of the Special Tax obligation equal to the remaining percentage (1.00 - F) of the applicable Special Tax will continue to be levied on the Assessor’s Parcel pursuant to Section E.
H. TERMINATION OF SPECIAL TAX
For each Fiscal Year that any Bonds are outstanding the Special Tax shall be levied on all Assessor’s Parcels subject to the Special Tax pursuant to Section E. The Special Tax shall cease not later than the 2065 -2066 Fiscal Year, however, Special Taxes w ill cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all the required interest and principal payments on the CFD No. 2025 -1 Bonds have been paid; (ii) all authorized facilities of CFD No. 2025 -1 have been acquir ed and all reimbursements to the developer have been paid, (iii) no delinquent Special Taxes remain uncollected and (iv) all other obligations of CFD No. 2025-1 have been satisfied.
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2025 -1 may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose a nd may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.
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J. APPEALS OF SPECIAL TAXES
Any taxpayer may file a written appeal of the Special Taxes levied on his/her Assessor’s Parcel(s) with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why t he appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appe llant, the CFD Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Assessor’s Parcel(s). No refunds of previously paid Special Taxes shall be made unless approved by the CFD Administrator.
The CFD Administrator shall interpret this RMA and make determinations relative to the annual levy and administration of the Special Taxes and any taxpayer who appeals, as herein specified.
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RESOLUTION NO. 2025-___
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF
THE CITY OF THE CITY OF WILDOMAR TO INCUR
BONDED INDEBTEDNESS IN AN AMOUNT NOT TO
EXCEED $ 10,000,000 WITHIN PROPOSED COMMUNITY
FACILITIES DISTRICT NO. 2025-1 (CAMELIA) OF THE
CITY OF WILDOMAR
WHEREAS, the City Council of the City of Wildomar (the “City Council”) upon receipt of a petition as provided in Section 53318 of the Government Code of the State of California instituted proceedings to form Community Facilities District No. 2025-1 (Camelia) of the City of Wildomar (“Community Facilities District No. 2025-1” or the “District”) pursuant to the Mello -Roos Community Facilities Act of 1982 (the “Act”), as amended, pursuant to Resolution No. 2025-__ (the “Resolution of Intention to Establish”) adopted by the City Council on the date hereof to finance (1) the purchase, construction, modification, expansion, improvement and/or rehabilitation of public facilities identified in Attachment “A” hereto and incorporated herein by this reference, including all furnishings, equipment and supplies related thereto (collectively, the “Facilities”) and (2) the incidental expenses to be incurred in financing the Facilities and forming and administering the District (the “Incidental Expenses”); and, WHEREAS, the City Council estimates that the amount required to finance the Facilities and Incidental Expenses is approximately $10,000,000; and, WHEREAS, in order to finance the Facilities and Incidental Expenses, the City Council intends to authorize the issu ance of bonds in the maximum aggregate principal amount of $ 10,000,000, the repayment of which is to be secured by special taxes levied in accordance with Section 53328 of the Act on all property in the proposed Community Facilities District No. 2025-1, other than those properties exempted from taxation in the rate and method of apportionment set forth in Attachment “C” to the Resolution of Intention to Establish.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WILDOMAR, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. It is necessary to incur bonded indebtedness within the boundaries of proposed Community Facilities District No. 2025-1 in an amount not to exceed $10,000,000 to finance the costs of the Facilities and Incidental Expenses, as permitted by the Act.
SECTION 3. The indebtedness will be incurred for the purpose of financing the costs of the Facilities and the Incidental Expenses, including, but not limited to, the funding of reserve funds for the bonds, the financing of costs associated with the issuance of the bonds and all other costs and expenses necessary to finance the Facilities which are permitted to be financed pursuant to the Act.
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SECTION 4. It is the intent of the City Counc il to authorize the sale of bonds in one or more series, in the maximum aggregate principal amount of $ 10,000,000 and at a maximum interest rate not in excess of 12 percent per annum, or a higher rate not in excess of the maximum rate permitted by law at t he time that the bonds are issued.
The term of the bonds of each series shall be determined pursuant to a resolution of this City Council acting in its capacity as the legislative body of the District authorizing the issuance of the bonds of such series, but such term shall in no event exceed 35 years from the date of issuance of the bonds of such series, or such longer term as is then permitted by law.
SECTION 5. A public hearing (the “Hearing”) on the proposed issuance of bonded indebtedness shall be hel d at 6:00 p.m. or as soon thereafter as practicable, on December 10 , 2025, at the City Council Chambers, 23873 Clinton Keith Road, Suite 106, Wildomar, California 92595.
SECTION 6. At the time and place set forth in this Resolution for the Hearing, any interested persons, including all persons owning land or registered to vote within proposed Community Facilities District No. 2025-1, may appear and be heard.
SECTION 7. The City Clerk is hereby directed to publish a notice (the “Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the proposed Community Facilities District No. 2025-
1. Such publication shall be completed at least seven days prior to the date of the Hearing. The City Clerk is further directed to mail a copy of the Notice to each of the landowners within the boundaries of proposed Community Facilities District No. 2025-1 at least 15 days prior to the Hearing.
PASSED, APPROVED AND ADOPTED this 13th day of October, 2025:
Ashlee DePhillippo
Mayor
APPROVED AS TO FORM: ATTEST:
Thomas D. Jex Janet Morales
City Attorney City Clerk
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3 4933-8764-5034v3/200945-0009
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF WILDOMAR )
I, Janet Morales, City Clerk of the City of Wildomar, California, do hereby certify that Resolution No. ____________ was adopted by the City Council of the City of Wildomar, California, at the Regular meeting of October 13, 2025 and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Janet Morales
City Clerk
City of Wildomar
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4933-8764-5034v3/200945-0009
ATTACHMENT A
Types of Facilities
to Be Financed by Community
Facilities District No. 2025-1 (Camelia) of the City of Wildomar The proposed types of public facilities and expenses to be financed by the District include:
The construction, purchase, modification, expansion, rehabilitation and/or improvement of (i) drainage, library, park, police, fire, roadway, traffic, administration and community center facilities, animal shelter facilities, and other public facilities of the City, including the foregoing public facilities which are included in the City’s fee programs with respect to such facilities and authorized to be financed under the Act (the “City Facilities”), and (ii) water and sewer facilities including the acquisition of capacity in the sewer system and/or water system of the Elsinore Valley Municipal Water District which are included in Elsinore Valley Municipal Water District’s water and sewer capacity and connection fee programs (the “Water District Facilities” together, with the City Facilities, the “Facilities”), and all appurtenances and appurtenant work in connection with the foregoing Facilities, including the cost of engineering, planning, designing, materials testing, coordination, construction staking, construction management and supervision for such Facilities, and to finance the incidental expenses to be incurred, including:
a. The cost of engineering, planning and designing the Facilities; b. All costs, including costs of the property owner petitioning to form the District, associated with the creation of the District, the issuance of the bonds, the determination of the amount of special taxes to be levied and costs otherwise incurred in order to carry out the authorized purposes of the District; and c. Any other expenses incidental to the construction, acquisition, modification, rehabilitation, completion and inspection of the Facilities.
Capitalized terms used and not defined herein shall have the meaning set forth in the Rate and Method of Apportionment of Special Taxes for the District.
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4915-5945-2778v2/200945-0009
REIMBURSEMENT AGREEMENT
RELATING TO PROPOSED
COMMUNITY FACILITIES DISTRICT NO. 2025-1
(CAMELIA) OF THE CITY OF WILDOMAR
THIS REIMBURSEMENT AGREEMENT RELATING TO PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2025-1 (CAMELIA) OF THE CITY OF WILDOMAR (the “Agreement”) dated as of October 13 , 2025 is entered into by and between the City of Wildomar, a general law city organized and existing under the laws and constitution of the State of California (the “City”), and KB HOME CAL MANAGEMENT SERVIES LLC, a Delaware limited liability company (the “Developer”).
R E C I T A L S :
A. The Developer is developing approximately 22.2 acres of land described in Exhibit A attached hereto (the “Property ”) for which the Developer desires to include within proposed Community Facilities District No. 2025-1 (Camelia) of the City of Wildomar (the “District”) to be established by the City pursuant to the Mello -Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”).
B. The City and the Developer are desirous of entering into this Agreement in order to provide a mechanism by which the Developer may advance certain costs related to the cost of formation of the District, and to provide that such District, if formed, will reimburse the Developer for the amounts advanced hereunder.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties hereto agree as follows:
1. Recitals. Eac h of the above recitals is incorporated herein and is true and correct.
2. Potential Formation of the District and Issuance of Bonds. (a) At the request of the Developer, the City will undertake to form the District. The City will retain, at the Developer ’s expense, the necessary consultants to analyze the proposed formation of the District and issuance of bonds, including a special tax consultant, municipal advisor, bond counsel, market absorption consultant, appraiser and other consultants deemed necessa ry by the City. In addition, City staff time spent in connection with the formation of the District and the issuance of bonds shall be at Developer’s expense. (b) In order to begin the process of analyzing the potential formation of the District, the Developer has advanced to the City a sum totaling $60,000. From time to time, the Developer shall make additional advances to the City within 15 days following receipt from the City of a request for an additional advance to cover the costs of forming the Dist rict and/or issuing bonds. In the event the Developer does not deliver the requested amount to the City within such 15-day period, the City will have no obligation to proceed with the analysis or bond issue unless and until such additional advance is rece ived. The Developer shall have the right to notify the City at any time, in writing, of its intention to abandon the formation of the District or 319
2 4915-5945-2778v2/200945-0009
the issuance of bonds. Upon receipt of such notice, the City shall instruct its consultants to cease work as soon as practicable. The Developer shall be responsible to pay all costs and expenses incurred by the City or any City consultant or advisor prior to the date on which the City’s consultants are notified of the Developer’s notice of abandonment. Notwith standing a decision of the Developer to abandon the formation of the District or the issuance of bonds, the City may, in its sole discretion, elect to proceed with formation of the District and/or the issuance of bonds with funds other than those of the Developer; provided, however, that, in executing this Agreement, the Developer shall not be deemed to have waived their right to object to the formation of the District or the issuance of bonds.
(c) The City will provide to the Developer on request a summary of how the advances have been spent and the unexpended balance remaining. The amounts advanced by the Developer will be reimbursable to the Developer, without interest, from the proceeds of bonds issued by the District when and if the District is formed. In the event that bonds are not issued to provide a source of reimbursement to the Developer, the City shall have no liability to the Developer to reimburse them for any amounts previously advanced by the Developer and expended by the City in accordance with this Agreement.
3. Reimbursement Procedure . Upon the abandonment of the District formation proceedings, the City shall return any funds which have been advanced by the Developer which are not expended on the purposes set forth in Section 2 above. Su ch returned funds shall be without interest.
4. Abandonment of CFD Formation Process . The Developer understands that any formation of the District shall be in the sole discretion of the City. No provision of this Agreement shall be construed as a promise , warranty or agreement by the City to form the District or to issue any bonds. The City shall have no liability to Developer for its decision not to form the District or issue bonds.
5. Indemnification and Hold Harmless . The Developer hereby assumes the defense of, and indemnifies and saves harmless, jointly and severally, the City and each of its officers, directors, employees and agents, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or arising out of any acts or omissions taken by the Developer or any of the Developer’s officers, employees, contractors and agents with respect to the formation of the District.
6. Notices. Any notice to be provided pursuant to this Agreement shall be delivered to the following addresses:
Developer KB Home Cal Management Services LLC
36310 Inland Valley Drive, #300
Wildomar, CA 92595
Attention: Vernall Williams
Telephone: (951) 691-5193
With a copy to: O’Neil LLP
19800 MacArthur Blvd., Suite 650
Irvine, CA 92612
Attention: Sandra Galle, Esq.
Telephone: (949) 798-0722
Email: [email protected]
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City: City of Wildomar
23873 Clinton Keith Road
Wildomar, California 92595
Attn: Administrative Services Director
Telephone: (951) 677-7751
Email: [email protected]
With a copy to: Stradling Yocca Carlson & Rauth
660 Newport Center Drive, Suite 1600
Newport Beach, CA 92660
Attention: Brian Forbath, Esq.
Telephone: (949) 725-4193
Email: [email protected]
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
7. Assignment. The Developer may assign its interest in this Agreement at any time provided, however, that the Developer sh all provide written evidence of any assignment to the City.
8. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent permitted by law.
9. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the matters provided for herein.
10. Amendments. This Agreement may be amended or modified only by written instrument signed by all parties.
11. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original.
12. Governing Law . This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California.
13. No Third Party Beneficiaries . No person or entity shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than the City and the Developer, any rights, remedies, obligations or liabilities under or by reason of this Agreement.
14. Singular and Plural; Gender . As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine. 321
4 4915-5945-2778v2/200945-0009
15. Termination. This Agreement shall terminate and be of no further force and effect on December 31, 2030 unless expressly amended by the parties or terminated earlier by written notice from the Developer; provided, however, that the Developer’s obligations under Section 5 shall survive the termination and the City’s obligation to provide reimbursement in acc ordance with Section 3 for expenses incurred prior to the termination date shall also survive termination.
[Remainder of Page Intentionally Left Blank]
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IN WITNESS WHEREOF, the parties have ex ecuted this Agreement on the day and year first above written.
CITY OF WILDOMAR, a political subdivision of the
State of California
By:
Chris Mann, City Manager
ATTEST:
By:
Janet Morales, City Clerk
KB HOME CAL MANAGEMENT SERVIES
LLC,
a Delaware limited liability company
By:____________
Name:
Title:
APPROVED AS TO FORM:
CITY ATTORNEY
By:
Thomas D. Jex
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EXHIBIT A
DESCRIPTION OF PROPERTY
Real property in the City of Wildomar, County of Riverside, State of California, described as follows:
Riverside County Assessor Parcel No. 380-220-010
324
JEFFERSON
AVE
VIA
MORENO
PALOMAR
ST
MADISON
AVE
NUTMEG
ST
WASHINGTON
AVE
§¨¦
15 ^_
LA ESTRELLA ST
CATT RD
JEFFERSONAVE
CLINTON
KEITH RD
WESLEY ST
NUTMEG
ST
GRAND
AVE
BAXTER RD
PALOMAR
ST WYMAN RD
§¨¦15
COMMUNITY FACILITIES DISTRICT NO. 2025-1
(CAMELIA)
PROJECT MAP
325
CITY OF WILDOMAR
REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.17
Meeting Date: October 13, 2025
SUBJECT:
Budget Adjustment - Palomar St. Widening (Phase 2) and
Cemetery Improvements (Phase 1) Projects (CIP 028-2, 067- 1)
SUBMITTED BY:
Jason Farag, Public Works Director / City Engineer
PREPARED BY:
Cameron Luna, Associate Engineer
ACTION:
1. Approve supplemental appropriations to add revenues and expenditures towards the Palomar St. Widening (Phase 2) Project (CIP 028-2) as follows:
Measure A (Fund 201)
Increase expenditures by $153,000
TDA Fund (Fund 202)
Increase revenues by $
161,100
Increase expenditures by $
161,100
DIF Roads (Fund 440)
Increase expenditures by $
56,085
Capital Reinvestment (Fund 500)
Increase revenues by $86,750
Increase expenditures by $86,750
TUMF (Fund 503)
Increase revenues by $898,269
Increase expenditures by $898,269
Misc. State Funds (Fund 507)
Increase revenues by $13,500
Increase expenditures by
$13,500
Bond Proceeds (Fund 510 - CFD 2017-2)
Increase revenues by $172,401
Increase expenditures by
$172,401
Bond Proceeds (Fund 510 - General)
Increase revenues by $1,060,476
Increase expenditures by $1,060,476
2. Approve a construction contract contingency increase from 5% to 10% and authorize the Public Works Director/City Engineer to approve change orders not to exceed 10% of the construction contract amount, in the amount of $769,569 (contingency).
SUMMARY:
This item includes a budget adjustment and contingency adjustment for the Palomar St.
Widening and Cemetery Improvements Projects.
326
BACKGROUND:
On October 9, 2024, the City Council authorized the City Manager to execute a construction contract with Van Engineering, Inc. in the amount of $7,695,693 for the Palomar Street Widening, Phase 2, and Cemetery Improvements, Phase 1, Projects (CIP 028-2 and 067-1) ("Projects"). Separately, the City Council also authorized the Public Works Director to approve change orders not to exceed 5% of the construction contract amount (contingency).
DISCUSSION:
As part of the FY 25/26 budget adoption process, staff projected the amount of work that was expected to be complete by the end of FY 24/25 and the amount of work that would be left for FY 25/26. The Projects' FY 25/26 budgets were estimated based on those projections. At the time, staff estimated that construction would be 50% complete in FY 24/25 with 50% of the work remaining in FY 25/26. Based on actual progress, there were less than projected expenditures in FY 24/25 leaving more of the Projects' total expenditures for FY 25/26. As a result, a budget adjustment is necessary to ensure there are adequate funds in the budget for the remaining Construction and Construction Administration/Inspection expenditures.
As construction has progressed, additional work has been or is planned to be authorized with the contractor under the previously approved 5% contingency including, but not limited to:
1 .
An extension of street improvements on Gruwell Street towards Orange Street 2 .
Addition of battery backup equipment to the traffic signal improvements 3 .
Relocation of a backflow prevention device (reimbursable by EVMWD) 4 .
Installation of geo fabric for pavement subgrade stabilization 5 .
Additional pavement quantities to account for utilities needing to be relocated
With the costs for the additional work above considered, staff is recommending that the City Council approve an increase in the Projects' contingency from 5% to 10% and authorize the Public Works Director/City Engineer to approve change orders not to exceed 10% of the construction contract for a total contract allowance of $8,465,263. This will allow staff to negotiate any future construction contract change orders with Van Engineering required to complete the final phases of construction for the Projects. A corresponding budget adjustment is necessary to cover the added contingency.
Due to cost savings in other Capital Improvement Projects, staff is recommending adding funds from Bond Proceeds (Fund 510) into the Projects' budgets. Bond Proceeds must be expended within a specified timeframe, whereas other funds in the Projects (e.g., Measure AA, TUMF, etc...) do not have a specific expenditure deadline. As part of the Projects' accounting, staff can pay eligible expenditures out of Bond Proceeds first and save other fund sources for other future projects.
At the conclusion of the Projects and upon acceptance, staff will bring forward a final expenditure summary and a final budget adjustment for the Projects that will take into account bid items that have an underperformance of quantity and any other unused funds that can be returned to the City's budget.
ACCOUNT CODE:
Palomar St. Widening (Phase 2) Budget Amendments
Measure A (Fund 201)
327
Expenditures = $153,000
TDA Fund (Fund 202)
Revenues = $
161,100
Expenditures = $
161,100
DIF Roads (Fund 440)
Expenditures = $
56,085
Capital Reinvestment (Fund 500)
Revenues = $86,750
Expenditures = $86,750
TUMF (Fund 503)
Revenues = $898,269
Expenditures = $898,269
Misc. State Funds (Fund 507)
Revenues = $13,500
Expenditures = $13,500
Bond Proceeds (Fund 510 - CFD 2017-2)
Revenues = $172,401
Expenditures = $172,401
Bond Proceeds (Fund 510 - General)
Revenues = $1,060,476
Expenditures = $1,060,476
Total Adjustments
Revenues = $2,392,496
Expenditures = $2,601,581
FISCAL IMPACT:
Updated CIP Project Detail Sheets for the Projects for CIP 25/26 are included as Attachment A, and a summary of project funding by project task is included below. No budget adjustment is required for the cemetery budget under CIP 067-1. However, an updated CIP Project Detail Sheet has been prepared for CIP 067-1 to correct the detail sheet to reflect the actual budget that was adopted for FY 25/26 for that Project.
Project expenditures for Construction and MSHCP Fees are funded by:
ARPA (Fund 115) = $1,243,000
TDA (Fund 202) = $432,500 (grant funds)
Cemetery (Fund 300) = $600,000
Capital Reinvest (Fund 500) = $174,000 (EVMWD Reimbursable) DIF (Fund 440) = $405,000
TUMF (Fund 503) = $3,850,000
Misc. State Funds (Fund 507) = $16,000 (grant funds)
Bond Proceeds (Fund 510 - General) = $1,840,000
Bond Proceeds (Fund 510 - CFD 2017-2) = $172,401
Measure A (Fund 201) = (
$35,148.50 reserved for MSHCP Fees)
Subtotal Construction Budget = $8,732,901
Expenditures related to the Construction Administration and Inspection costs are funded by:
Measure A (Fund 201) = $306,000
TUMF (Fund 503) = $282,500
328
Subtotal Construction Administration Budget = $588,500
Total Updated Project Budget = $9,321,401
ATTACHMENTS:
A - CIP 028-2 and CIP 067-2 Updated Project Detail Sheets 329
CITY OF WILDOMAR
CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 25/26 to FY 29/30
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Warren Repke
INITIATED: FY 21/22
FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 &
Future Years
Project Dev/Environ. - $ - $ - $ - $ - $ - $
Design/PS&E - - - - - -
Right-of-Way - - - - - -
Construction 5,415,831 5,415,831 - - - -
Const Admin/Inspect. 588,500 588,500 - - - -
Total Cost: 6,004,331$ 6,004,331$ -$ -$ -$ -$
FUNDING SOURCES
503 - TUMF 2,964,519$ 2,964,519$ - $ - $ - $ - $ 510 - Bond Proceeds 1,902,877 1,902,877$ - - - - 201 - Measure A 306,000 306,000$ - - - - 202 - TDA Fund 377,100 377,100$ - - - -
440 - DIF Roads 258,585 258,585$ - - - - 507 - Misc. State Funds 21,500 21,500$ - - - - 500 - Capital Reinvestment 173,750 173,750$ - - - -
PROJECT DESCRIPTION AND EXHIBIT
Phase 2 of the Palomar St. Widening Project will widen Palomar St. between Gruwell St. to Wildomar Trail. This project will be designed and constructed concurrently with Phase 1 of the Cemetery Master Plan improvements (see CIP 067-1 for details and additional funding).
Improvements on Palomar St. will include the addition of new vehicle lanes to widen the road from two lanes to four lanes, bike lanes, sidewalks, and multi-purpose trails. Design of the project will also take into account the Wildomar Old Town Vision located at the northeast corner of Wildomar Trail and Palomar St. The project will also include improvements to Gruwell St. along the frontage of the cemetery, including roadway widening, bike lanes, curb, gutter, and a pedestrian path (sidewalk and/or trail).
PROJECT
PHASE/TASK
TOTAL 5-
YEAR
PROJECT
PROPOSED BUDGET PROJECTED BUDGET
PROJECT SUMMARY
Palomar St. Widening Project (Phase 2) 028-2
Gruwell St. to Wildomar Trail Trans. (Roads)
PALOMAR ST.
WILDOMAR TRAIL
GRUWELL ST.
ELM ST.
PROJECT LIMITS
WILDOMAR
CEMETERY
UNITED STATES
POST OFFICE
WILDOMAR
ELEMENTARY
PALOMAR ST.
10.13.25 330
CITY OF WILDOMAR
CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 25/26 to FY 29/30
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Warren Repke
INITIATED: FY 21/22
FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 &
Future Years
Project Dev/Environ. - $ - $ - $ - $ - $ - $
Design/PS&E - - - - - -
Right-of-Way - - - - - -
Construction 3,108,500 3,108,500 - - - -
Const Admin/Inspect. 294,250 294,250 - - - -
Total Cost: 3,402,750$ 3,402,750$ -$ -$ -$ -$
FUNDING SOURCES
503 - TUMF 2,066,250$ 2,066,250$ - $ - $ - $ - $ 510 - Bond Proceeds 670,000 670,000 - - - - 201 - Measure A 153,000 153,000 - - - -
202 - TDA Fund 216,000 216,000 - - - -
440 - DIF Roads 202,500 202,500
507 - Misc. State Funds 8,000 8,000
500 - Capital Reinvestment 87,000 87,000 - - - -
PROJECT SUMMARY
Palomar St. Widening Project (Phase 2) 028-2
Gruwell St. to Wildomar Trail Trans. (Roads)
PROJECT DESCRIPTION AND EXHIBIT
PROJECT
P
HASE/TASK
TOTAL 5-
YEAR
PROJECT
PROJECTED BUDGETPROPOSED BUDGET
PALOMAR ST.
WILDOMAR TRAIL
GRUWELL ST.
ELM ST.
PROJECT LIMITS
WILDOMAR
CEMETERY
UNITED STATES
POST OFFICE
WILDOMAR
ELEMENTARY
PALOMAR ST.
Phase 2 of the Palomar St. Widening Project will widen Palomar St. between Gruwell St. to Wildomar Trail. This project will be designed and constructed concurrently with Phase 1 of the Cemetery Master Plan improvements (see CIP 067-1 for details and additional funding).
Improvements on Palomar St. will include the addition of new vehicle lanes to widen the road from two lanes to four lanes, bike lanes, sidewalks, and multi-purpose trails. Design of the project will also take into account the Wildomar Old Town Vision located at the northeast corner of Wildomar Trail and Palomar St. The project will also include improvements to Gruwell St. along the frontage of the cemetery, including roadway widening, bike lanes, curb, gutter, and a pedestrian path (sidewalk and/or trail).
6.12.25 331
CITY OF WILDOMAR
CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 25/26 to FY 29/30
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Warren Repke
INITIATED: FY 21/22
FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 &
Future Years
Project Dev/Environ. - $ - $ - $ - $ - $ - $
Design/PS&E - - - - - -
Right-of-Way - - - - - -
Construction 1,394,000 1,394,000 - - - -
Const Admin/Inspect. 98,000 98,000 - - - -
Total Cost: 1,492,000$ 1,492,000$ -$ -$ -$ -$
FUNDING SOURCES
115 - ARPA 924,000$ 924,000 - $ - $ - $ - $
302 - Cemetery CIP 568,000$ 568,000 - $ - $ - $ - $ - - - - - -
- - - - - -
- - - - - -
PROJECT DESCRIPTION AND EXHIBIT
Design and Construction of Phase 1 Improvements consisting of:
- Americans with Disabilities Act (ADA) Improvements
- Removal and construction of new cemetery walls and gates. - Landscaping on street side of the walls.
Note: This project will be designed concurrently with CIP 028-2 (Palomar St. Widening along the cemetery frontage). See CIP 028-2 for details.
PROJECT
PHASE/TASK
TOTAL 5-
YEAR
PROJECT
PROPOSED BUDGET PROJECTED BUDGET
PROJECT SUMMARY
Phase 1 Cemetery Improvements 067-1
Wildomar Cemetery (Gruwell and Palomar) Cemetery
PALOMAR ST.
GRUWELL ST.
WILDOMAR
CEMETERY
10.13.25 332
CITY OF WILDOMAR
CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 25/26 to FY 29/30
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Warren Repke
INITIATED: FY 21/22
FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 &
Future Years
Project Dev/Environ. - $ - $ - $ - $ - $ - $
Design/PS&E - - - - - -
Right-of-Way - - - - - -
Construction 461,000 461,000 - - - -
Const Admin/Inspect. 27,000 27,000 - - - -
Total Cost: 488,000$ 488,000$ -$ -$ -$ -$
FUNDING SOURCES
302 - Cemetery CIP 488,000$ 488,000$ - $ - $ - $ - $ - - - - - -
- - - - - -
- - - - - -
- - - - - -
PROJECT DESCRIPTION AND EXHIBIT
Design and Construction of Phase 1 Improvements consisting of:
- Americans with Disabilities Act (ADA) Improvements
- Removal and construction of new cemetery walls and gates. - Landscaping on street side of the walls.
Note: This project will be designed concurrently with CIP 028-2 (Palomar St. Widening along the cemetery frontage). See CIP 028-2 for details.
PROJECT
PHASE/TASK
TOTAL 5-
YEAR
PROJECT
PROJECTED BUDGETPROPOSED BUDGET
PROJECT SUMMARY
Phase 1 Cemetery Improvements 067-1
Wildomar Cemetery (Gruwell and Palomar) Cemetery
PALOMAR ST.
GRUWELL ST.
WILDOMAR
CEMETERY
6.12.25 333
CITY OF WILDOMAR
REGULAR MEETING
PUBLIC HEARING
Agenda Staff Report # 2.1
Meeting Date: October 13, 2025
SUBJECT:
Resolution of Formation CFD 2025-2 (Westpark Promenade) SUBMITTED BY:
Heidi Schrader, Administrative Services Director
PREPARED BY:
Heidi Schrader, Administrative Services Director
ACTION:
1. Adopt a Resolution entitled:
RESOLUTION NO. 2025-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2025-2 (WESTPARK PROMENADE) OF THE
CITY OF WILDOMAR, AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN, CALLING
AN ELECTION AND APPROVING AND AUTHORIZING CERTAIN ACTIONS RELATED
THERETO
2. Adopt a Resolution entitled:
RESOLUTION NO. 2025-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2025-2 (WESTPARK
PROMENADE) OF THE CITY OF WILDOMAR DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $17,000,000 WITHIN COMMUNITY FACILITEIS DISTRICT NO. 2025-2 (WESTPARK PROMENADE) OF THE
CITY OF WILDOMAR AND CALLING AN ELECTION THEREIN
3. Adopt a Resolution entitled:
RESOLUTION NO. 2025-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2025-2 (WESTPARK PROMENADE) OF THE CITY OF WILDOMAR
CERTIFYING ELECTION RESULTS
4. Introduce and read by title only:
ORDINANCE NO. 2025-___
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2025-2 (WESTPARK PROMENADE) OF THE CITY OF WILDOMAR
AUTHORIZING THE LEVY OF SPECIAL TAXES
334
SUMMARY:
Adoption of these resolutions and first reading of the Ordinance are required to form CFD 2025-2 (Westpark Promenade), calling an election, authorizing the levy of a Special Tax, and determining the necessity to incur bonded indebtedness in an amount not to exceed 17,000,000
BACKGROUND:
CRP/CWR Westpark Project, LLC. (the Developer), a Delaware limited liability company, owns 12.27 gross acres of property within Wildomar which is proposed to be developed into 191 single family residential homes. Such property is generally located to the east of the future Westpark Street, north of the future Catt Road, and south of existing Depasquale Road, which is situated northeast of the Clinton Keith Interchange. The Developer has requested that the City form Community Facilities District 2025-2 (Westpark Promenade) (the District) to encompass the property in accordance with the Mello-Roos Community Facilities Act of 1982, as amended (the Act), to finance the costs of certain public improvements through the levy of a special tax and the issuance of bonds. The maximum amount of bonded indebtedness proposed is $17 million.
On September 10, 2025, the City Council adopted Resolution Nos. 2025-47 and 2025-48, which declared the City's intention to establish the District, the intention to incur bonded indebtedness within the District, and calling for a public hearing to be held on October 13, 2025. The purpose of the public hearing is for the City Council to formally consider the approval of the formation of CFD 2025-2 (Westpark Promenade), the approval of the levy of the special taxes within the District, and the issuance of bonds to finance the public improvements benefitting the District. Notice of the Public Hearing was published in a newspaper of general circulation in the District and mailed to the property owner in accordance with the Act.
DISCUSSION:
In connection with the public hearing, Spicer Consulting Group prepared a CFD Public Hearing Report (Attachment 5), which describes and analyzes the facilities to be financed by the District, and the estimated costs of such facilities. Following the close of the public hearing, the City Council will be asked to adopt the Resolution of Formation (Attachment 1) and the Resolution Determining the Necessity to Incur Debt (Attachment 2) which, together approves the formation of the District, the levy of the special taxes in the District in accordance with the Rate and Method of Apportionment of special taxes for the District (the RMA) and determines the necessity for the District to issue bonds in an amount not to exceed $17 million for the District. Such resolutions call for an election to submit to the qualified voters of the District, ballot measures on the approval of the special taxes, the issuance of the bonds, and an appropriations limit for the District.
The Resolution of Formation also approves the execution and delivery of the Funding Agreement with the Developer (Attachment 6) and a Joint Community Facilities Agreement (JCFA) with the Developer and Lake Elsinore Unified School District (Attachment 7) in the forms presented to the Council. The Funding Agreement sets forth the terms, among others, pursuant to which the District will finance District improvements. Under the Act, the District may finance certain facilities owned by another public agency so long as there is a Joint Community Facilities Agreement with respect to such facilities. The School District JCFA provides for the terms by which the District is authorized to finance school facilities to be owned and operated by the School District. On September 10, 2025, the City Council 335
approved a Joint Community Facilities Agreement with the Developer and Elsinore Valley Municipal Water District, which provides terms by which the District is authorized to finance water and sewer facilities to be owned and operated by the Water District.
On file with the City Clerk is a Certificate of the Registrar of Voters of Riverside County certifying that there are no registered voters residing within the boundaries of the District (Attachment 8). Accordingly, under the Mello-Roos Act, only property owners owning land in the District are eligible to vote at the election for the District with each owner having one vote for each acre (or portion thereof) that they own within the District. The Developer has executed a consent and waiver of certain election procedures with respect to the election, including certain timing requirements with respect to the election, in accordance with the Mello-Roos Act. Accordingly, if the City Council approves the Resolution of Formation and the Resolution Determining the Necessity to Incur Debt, the City Clerk will conduct the election. The City Clerk will announce the election results and the City Council will be asked to adopt the Resolution Certifying the Election Results. Based upon certification that 2/3rds of the votes cast are in favor of the propositions voted upon in the District, the Resolution Certifying the Election Results directs the City Clerk to record a notice of special tax lien on the property within the District. The City Council will then be asked to introduce the Ordinance authorizing the levy of the special tax within the District in accordance with the RMA.
FISCAL IMPACT:
There is no impact to the General Fund to form the District. Costs of formation are paid out of a deposit made by the developer. This deposit may be reimbursed once bonds are sold in accordance with a reimbursement agreement previously approved by the City Council.
If established and subject to necessary Council and voter approvals, the District will annually levy special taxes on all of the taxable property within the District in accordance with the RMA.
Such special taxes will be used to pay for the costs of facilities, debt service on bonds and administration of CFD No. 2025-2. Any bonds issued by the District are not obligations of the City and will be secured solely by the special taxes levied within CFD No. 2025-2.
The RMA provides that the annual special tax rates for FY 2025-26 will range form $3,550 for home sizes less than 1,200 square fee up to $4,595 for home sizes greater that 1,600 square fee. Rates escalate at 2% per year.
ATTACHMENTS:
1 RESOLUTION OF FORMATION CITY OF WILDOMAR CFD 2025-2.docx 2 RESOLUTION OF NECESSITY TO INCUR DEBT CITY OF WILDOMAR CFD 2025-2.docx 3 RESOLUTION CERTIFYING ELECTION RESULTS CITY OF WILDOMAR CFD 2025-2.docx 4 ORDINANCE CITY OF WILDOMAR CFD 2025-2.docx
5 CFD 2025-2 - CFD Report Final.pdf
6 FUNDING AGREEMENT CITY OF WILDOMAR CFD 2025-2.docx
7 JCFA with Lake Elsinore USD.pdf
8 Certificate of ROV (9.24).pdf
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RESOLUTION NO. 2025-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR ESTABLISHING COMMUNITY FACILITIES
DISTRICT NO. 2025-2 (WESTPARK PROMENADE ) OF
THE CITY OF WILDOMAR, AUTHORIZING THE LEVY OF
A SPECIAL TAX THEREIN, CALLING AN ELECTION AND
APPROVING AND AUTHORIZING CERTAIN ACTIONS
RELATED THERETO
WHEREAS, the City Council (the “City Council”) of the City of Wildomar (the “City”) has heretofore adopted Resolution No. 2025-47 stating its intention to form Community Facilities District No. 2025-2 (Westpark Promenade ) of the City of Wildomar (“Community Facilities District No. 2025-2” or the “District”) pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”); and WHEREAS, a copy of Resolution No. 2025-47 setting forth a description of the proposed boundaries of Community Facilities District No. 2025-2, the facilities and incidental expenses to be financed by the District and the rate and method of apportionment of the special tax proposed to be levied within the District is on file with the City Clerk; and
WHEREAS, notice was published and mailed to all landowners of the land proposed to be included within the District as required by law relative to the intention of this City Council to form proposed Community Facilities District No. 2025-2 and to levy a special tax (the “Special Tax”) and to incur b onded indebtedness in the amount of up to $17,000,000 therein to finance the facilities and incidental expenses described in Resolution No. 2025-47 and
WHEREAS, on October 13, 2025, this City Council conducted a noticed public hearing as required by law relative to the proposed formation of Community Facilities District No. 2025-2, the levy of the Special Tax therein and the issuance of bonded indebtedness by the District; and
WHEREAS, at the October 13, 2025 public hearing there was filed with this City Council a report containing a description of the facilities necessary to meet the needs of the District and an estimate of the cost of such facilities as required by Section 53321.5 of the Act (the “Engineer’s Report”); and
WHEREAS, at the October 13, 2025 public hearing all persons desiring to be heard on all matters pertaining to the formation of Community Facilities District No. 2025-2, the levy of the Special Tax and the issuance of bonded indebtedness were heard and full and fair hearings were held; and
WHEREAS, following the public hearing, this City Council has determined to authorize the formation of the District to finance the types of facilities (the “Facilities”) and the 337
2 4921-3177-4314v4/200945-0007
incidental expenses (the “Incidental Expenses”) set forth in Attachment A hereto, which are described in more detail in the Engineer’s Report; and WHEREAS, at the public hearing evidence was presented to this City Council on the matters before it, and the pro posed Special Tax to be levied within the District was not precluded by a majority protest of the type described in Section 53324 of the Act, and this City Council at the conclusion of the hearing was fully advised as to all matters relating to the formati on of the District, the levy of the Special Tax and the issuance of bonded indebtedness therein; and
WHEREAS, this City Council has determined, based on a Certificate of Registrar of Voters of the County of Riverside on file in the office of the City Clerk , that no registered voters have been residing in the proposed boundaries of Community Facilities District No. 2025-2 for each of the 90 days prior to October 13, 2025 and that the qualified electors in Community Facilities District No. 2025-2 are the land owners within the District; and
WHEREAS, on the basis of all of the foregoing, this City Council has determined to proceed with the establishment of Community Facilities District No. 2025-2 and to call an election therein to authorize (i) the levy of Speci al Tax pursuant to the rate and method of apportionment of the special tax, as set forth in Attachment C to Resolution No. 2025-47 (the “Rate and Method”), (ii) the issuance of bonds to finance the Facilities and Incidental Expenses, and (iii) the establis hment of an appropriations limit for Community Facilities District No. 2025-2; and
WHEREAS, in order to facilitate the funding of the Facilities, the legislative body of the District desires to enter into a, Acquisition, Construction and Funding Agreement (the “Funding Agreement”) with CRP/CWR Westpark Project, L.L.C., a Delaware limited liability company (the “Developer”) and the form of the Funding Agreement is on file with the City Clerk; and
WHEREAS, in connection with the proposed formation of the Dist rict, the City proposes to enter into a Joint Community Facilities Agreement (the “JCFA”) with the Lake Elsinore Unified School District (the “ School District”) and the Developer, relating to certain facilities proposed to be financed by the District and o wned and operated by the School District and the form of the JCFA is on file with the City Clerk;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WILDOMAR DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Each of the above recitals is true and correct.
Section 2. A community facilities district to be designated “Community Facilities District No. 2025-2 (Westpark Promenade ) of the City of Wildomar” is hereby established pursuant to the Act. The City Council hereby finds and determines that all prior proceedings ta ken with respect to the establishment of the District were valid and in conformity with the requirements of law, including the Act. This finding is made in accordance with the provisions of Section 53325.1(b) of the Act. 338
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Section 3. The boundaries of Community Facili ties District No. 2025-2 are established as shown on the map designated “Proposed Boundary Map Community Facilities District No. 2025-2 (Westpark Promenade) of the City of Wildomar, County of Riverside, State of California”, which map is on file in the off ice of the City Clerk and was recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code in the County Book of Maps of Assessment and Community Facilities Districts in the Assessor-County Clerk -Recorder’s office of the County of Riverside in Book No. 97, Page No. 27 on September 16, 2025 as Instrument No. 2025-0283842.
Section 4. The types of Facilities and Incidental Expenses authorized to be provided for Community Facilities District No. 2025-2 are those set forth in Attachment A attached hereto. The estimated cost of the Facilities and Incidental Expenses to be financed is set forth in the Engineer’s Report, which estimates may change as the Facilities are designed and bid for construction and acquisition, as applicable.
The City is authorized by the Act to contribute revenue to, or to construct or acquire the Facilities, all in accordance with the Act. The City Council finds and determines that the proposed Facilities are necessary to meet the increased demand that will be placed upon local agencies and public infrastructure as a result of new development within the District and that the Facilities to be financed, including those to be financed pursuant the JCFA to be entered into with the School District and the joint community facilities agreement entered into with the Elsinore Valley Municipal Water District , benefit residents of the City and the future residents of the District.
Section 5. Except where funds are otherwise available, it is the intention of this City Council, subject to the approval of th e eligible voters of the District, to levy annually a Special Tax at the rates set forth in the Rate and Method on all non -exempt property within the District sufficient to pay for (i) the Facilities, (ii) the principal and interest and other periodic cost s on the bonds proposed to be issued to finance the Facilities and Incidental Expenses, including the establishment and replenishment of reserve funds, any remarketing, credit enhancement and liquidity facility fees and other expenses of the type permitted by Section 53345.3 of the Act; and (iii) the Incidental Expenses. The District expects to incur, and in certain cases has already incurred, Incidental Expenses in connection with the creation of the District, the issuance of bonds, the levying and collecting of the Special Tax, the completion and inspection of the Facilities and the annual administration of the bonds and the District. The Rate and Method is described in detail in Attachment C to Resolution No. 2025-47 and incorporated herein by this reference, and the City Council hereby finds that the Rate and Method contains sufficient detail to allow each landowner within the District to estimate the maximum amount that may be levied against each parcel. As described in greater detail in the Engineer’s Report, which is incorporated by reference herein, the Special Tax is based on the expected demand that each parcel of real property within Community Facilities District No. 2025-2 will place on the Facilities and on the benefit that each parcel will derive from the right to access the Facilities and, accordingly, is hereby determined to be reasonable. The Special Tax shall be levied on each assessor’s parcel in accordance with the Rate and Method provided, however, that the Special Tax shall not be levied after Fiscal Year 20 70-71. The Special Tax is apportioned to each parcel on 339
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the foregoing bases pursuant to Section 53325.3 of the Act and such Special Tax is not on or based upon the ownership of real property or the assessed value of real property.
If Special Taxes of the District are levied against any parcel used for private residential purposes, (i) the maximum Special Tax rate shall be specified as a dollar amount which shall be calculated and established not later than the date on which the parce l is first subject to the Special Tax because of its use for private residential purposes and shall not be increased over time except as authorized under the Rate and Method, (ii) the Special Tax shall not be levied after Fiscal Year 2070-71, and (iii) under no circumstances will the Special Tax levied against any such parcel used for private residential uses be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the District by more than ten percent above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults.
The City Manager of the City of Wildomar, will be responsible for preparing annually, or authorizing a designee to prepare, a current roll of special tax levy obligations by assessor’s parcel number and will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act.
Section 6. In the event that a portion of the property within Community Facilities District No. 2025-2 shall become for any reason exempt, wholly or partially, from the levy of the Special Tax specified in the Rate and Method, or in the event of delinquencies in the payment of Special Taxes levied, subject to the maximum special taxes specified in the Rate and Method, the City Council shall, on behalf of Community Facilities District No. 2025-2, increase the levy to the extent necessary and permitted by law and these proceedings upon the remaining property within Community Facilities District No. 2025-2 which is not exempt or delinquent in order to yield the required debt service payments on any outstanding bonds of the District, or to prevent the District from defaulting on any of its other obligations or liabilities; provided, however, under n o circumstances will the Special Tax levied against any parcel used for private residential uses be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the District by more than ten percent abov e the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. The amount of the Special Tax will be set in accordance with the Rate and Method. The obligation to pay Special Taxes may be prepaid onl y as set forth in Section G of the Rate and Method.
Section 7. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all non-exempt real property in the District and this lien shall continue in force and effect until the Special Tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the Special Tax by the District ceases.
Section 8. Consistent with Section 53325.6 of the Act, the City Council finds and determines that the land within Community Facilities District No. 2025-2, if any, devoted 340
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primarily to agricultural, timber or livestock uses and being used for the commercial production of agricultural, timber or livestock products is contiguous to other land within Community Facilities District No. 2025-2 and will be benefited by the Facilities proposed to be provided within Community Facilities District No. 2025-2.
Section 9. It is hereby further det ermined that there is no ad valorem property tax currently being levied on property within proposed Community Facilities District No. 2025-2 for the exclusive purpose of paying the principal of or interest on bonds or other indebtedness incurred to finance the construction of capital facilities which provide the same services to the territory of Community Facilities District No. 2025-2 as are proposed to be provided by the Facilities to be financed by Community Facilities District No. 2025-2.
Section 10. Written protes ts against the establishment of the District have not been filed by one-half or more of the registered voters within the boundaries of the District or by the property owners of one -half (1/2) or more of the area of land within the District.
The City Council hereby finds that the proposed Special Tax has not been precluded by a majority protest pursuant to Section 53324 of the Act.
Section 11. An election is hereby called for Community Facilities District No. 2025-2 on the propositions of levying the Special Tax on the property within Community Facilities District No. 2025-2 and establishing an appropriations limit for the District pursuant to Section 53325.7 of the Act and shall be consolidated with the election on the proposition of incurring bonded indebtedness, purs uant to Sections 53351 and 53353.5 of the Act. The language of the propositions to be placed on the ballot is attached hereto as Attachment B.
Section 12. The date of the election for Community Facilities District No. 2025-2 on the propositions of incurring the bonde d indebtedness, authorizing the levy of the Special Tax and establishing an appropriations limit for the District shall be October 13, 2025, or such later date as is consented to by the City Clerk or Deputy City Clerk (referred to herein as the “City Clerk ”) of the City of Wildomar; provided that, if the election is to take place sooner than 90 days after October 13, 2025 , then the unanimous written consent of each qualified elector within the District to such election date must be obtained. The polls shal l be open for said election immediately following the close of the public hearing on October 13, 2025. The election shall be conducted by the City Clerk. Except as otherwise provided by the Act, the election shall be conducted in accordance with the prov isions of law regulating elections of the City of Wildomar insofar as such provisions are determined by the City Clerk to be applicable. The City Clerk is authorized to conduct the election following the adoption of this resolution, and all ballots shall be received by, and the City Clerk shall close the election by, 9:00 p.m. on the election day; provided the election shall be closed at such earlier time as all qualified electors have voted as provided in Section 53326(d) of the Act. Pursuant to Section 53326 of the Act, the ballots for the special election shall be distributed in person, or by mail with return postage prepaid, to the qualified electors within Community Facilities District No. 2025-2. The City Clerk has secured a certificate from the Registrar of Voters of the County of Riverside certifying that there were no 341
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registered voters within the District as of September 24, 2025. Accordingly, since there were fewer than 12 registered voters within the District for each of the 90 days preceding October 13, 2025 , the qualified electors shall be the landowners within the District and each landowner, or the authorized representative thereof, shall have one vote for each acre or portion thereof t hat such landowner owns within Community Facilities District No. 2025-2, as provided in Section 53326 of the Act. The sole landowner within the District has executed and delivered a waiver of certain election law requirements and consenting to the holding of the election on October 13, 2025, which waiver is on file with the City Clerk.
Section 13. The District may accept advances of funds or work -in-kind from any source, including, but not limited to, private persons or private entities, for any authorized purpose including, but not limited to, paying any cost incurred in creating Community Facilities District No. 2025-2. The District may enter into an agreement with the person or entity advancing the funds or work -in-kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council, with or without interest.
Section 14. The preparation of the Engineer’s Report is hereby ratified. The Engineer’s Report, as submitted, is hereby approved and was made a part of the record of the public hearing regarding the formation of Community Facilities District No. 2025-
2. The Engineer’s Report is ordered to be kept on file with the transcript of these proceedings and open for public inspection.
Section 15. The form of the Funding Agreement on file with the City Clerk is approved as to form, and the Mayor, the City Manager, the Administrative Services Director and any written designee thereof, are authorized to execute the Funding Ag reement in substantially the form on file with the City Clerk, together with such changes as are approved by the officer executing the same, with the approval of such changes to be conclusively evidenced by the execution and delivery thereof.
Section 16. The form of t he JCFA on file with the City Clerk is approved as to form, and the Mayor, the City Manager, the Administrative Services Director and any written designee thereof, are authorized to execute the JCFA in substantially the form on file with the City Clerk, together with such changes as are approved by the officer executing the same, with the approval of such changes to be conclusively evidenced by the execution and delivery thereof.
Section 17. This Resolution shall be effective upon its adoption. 342
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PASSED, APPROVED AND ADOPTED this 13th day of October, 2025:
Ashlee DePhillippo
Mayor
APPROVED AS TO FORM: ATTEST:
Thomas D. Jex Janet Morales
City Attorney City Clerk
343
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF WILDOMAR )
I, Janet Morales, City Clerk of the City of Wildomar, California, do hereby certify that Resolution No. ____________ was adopted by the City Council of the City of Wildomar, California, at the Regular meeting of October 13, 2025 and that the same was adopt ed by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Janet Morales
City Clerk
City of Wildomar
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ATTACHMENT A
Types of Facilities
to Be Financed by Community
Facilities District No. 2025-2 (Westpark Promenade) of the City of Wildomar The proposed types of public facilities and expenses to be financed by the District include:
The construction, purchase, modification, expansion, rehabilitation and/or improvement of (i) drainage, library, park, police, fire, roadway, traffic, administration and community center facilities, animal shelter facilities, and other public facilities of the City, including the foregoing public facilities which are included in the City’s fee programs with respect to such facilities and authorized to be financed under the Act (the “City Facilities”), (ii) water and sewer facilities including the acquisitio n of capacity in the sewer system and/or water system of the Elsinore Valley Municipal Water District which are included in Elsinore Valley Municipal Water District’s water and sewer capacity and connection fee programs (the “Water District Facilities”), a nd (iii) interim and permanent school facilities of Lake Elsinore Unified School District, including classrooms, multi - purpose facilities, administration and auxiliary space at school facilities, athletic fields, playgrounds and recreational facilities and improvements thereto, landscaping, access roadways, drainage, sidewalks and gutters and utility lines, furniture, equipment and technology, including technology upgrades and mobile devices and infrastructure therefore, with a useful life of at least five (5) years at such school facilities (the “School Facilities” and together, with the City Facilities and the Water Facilities, the “Facilities”), and all appurtenances and appurtenant work in connection with the foregoing Facilities, including the cost of e ngineering, planning, designing, materials testing, coordination, construction staking, construction management and supervision for such Facilities , and to finance the incidental expenses to be incurred, including:
a. The cost of engineering, planning and designing the Facilities; b. All costs, including costs of the property owner petitioning to form the District, associated with the creation of the District, the issuance of the bonds, the determination of the amount of special taxes to be levied and costs otherwise incurred in order to carry out the authorized purposes of the District; and c. Any other expenses incidental to the construction, acquisition, modification, rehabilitation, completion and inspection of the Facilities.
Capitalized terms used and not defined herein shall have the meaning set forth in the Rate and Method of Apportionment of Special Taxes for the District.
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ATTACHMENT B
BALLOT PROPOSITIONS
COMMUNITY FACILITIES DISTRICT NO. 2025-2
(WESTPARK PROMENADE) OF THE CITY OF WILDOMAR
SPECIAL TAX AND SPECIAL BOND ELECTION
October 13, 2025
PROPOSITION A: Shall Community Facilities
District No. 2025-2 (Westpark Promenade ) of the
City of Wildomar (the “District”) incur an
indebtedness and issue one or more series of
bonds in the maximum aggregate principal amount
of $17,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law,
to finance the Facilities and the Incidental Expenses
described in Resolution No. 2025-47 of the City
Council of the City of Wildomar?
PROPOSITION B: Shall a special tax with a rate
and method of apportionment as provided in
Resolution No. 2025-47 of the City Council of the
City of Wildomar be levied to pay for the Facilities,
Incidental Expenses and other purposes described
in Resolution No. 2025-47, including the payment of
the principal of and interest on bonds issued to
finance the Facilities and Incidental Expenses?
YES______
NO_______
YES______
NO_______
PROPOSITION C: For each year commencing with
Fiscal Year 2025-26, shall the appropriations limit,
as defined by subdivision (h) of Section 8 of
Article XIII B of the California Constitution, for the District be an amount equal to $8,500,000?
YES______
NO_______
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RESOLUTION NO. 2025-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 2025-2 (WESTPARK
PROMENADE) OF THE CITY OF WILDOMAR DETERMINING
THE NECESSITY TO INCUR BONDED INDEBTEDNESS IN AN
AMOUNT NOT TO EXCEED $ 17,000,000 WITHIN COMMUNITY
FACILITIES DISTRICT NO. 2025-2 (WESTPARK PROMENADE)
OF THE CITY OF WILDOMAR AND CALLING AN ELECTION
THEREIN
WHEREAS, on September 10 , 2025 , the City Council of the City of Wildomar (the “City Council”) adopted Resolution No. 2025-47 stating its intention to form Community Facilities District No. 2025-2 (Westpark Promenade ) of the City of Wildomar (“Community Facilities District No. 2025-2” or the “District”) pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the “Act”); and
WHEREAS, on September 10, 2025 , the City Council also adopted Resolution No. 2025-48 stating its intention to incur bonded indebtedness in the amount of up to $ 17,000,000 within proposed Community Facilities District No. 2025-2 to finance (1) the purchase, construction, modification, expansion, improvement or rehabilitation of public facilities identified in Attachment B to Resolution No. 2025-47, and (2) the incidental expenses to be incurred in financing such public facilities and forming and administering the District, as identified in Attachment B to Resolution No. 2025-47; and
WHEREAS, notice was published as required by law relative to the intention of the City Council to form proposed Community Facilities District No. 2025-2 and to incur bonded indebtedness in the amount of up to $ 17,000,000 within the boundaries of proposed Communit y Facilities District No. 2025-2; and
WHEREAS, on October 13, 2025 , this City Council conducted a noticed public hearing to determine whether it should proceed with the formation of Community Facilities District No. 2025-2, issue bonds to pay for the facil ities and incidental expenses described in Resolution No. 2025-47 and authorize the rate and method of apportionment of a special tax to be levied within Community Facilities District No. 2025-2 for the purposes described in Resolution No. 2025-47; and
WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of Community Facilities District No. 2025-2, the levy of a special tax and the issuance of bonds to pay for the cost of the proposed facilities and incidental expenses were heard and a full and fair hearing was held; and
WHEREAS, the City Council subsequent to such hearing adopted Resolution No. 202 5-__ establishing Community Facilities District No. 2025-2 (the “Resolution of Formation”) and authorizing the financing of the public facilities (the “Facilities”) and the incidental expenses (the “Incidental Expenses”) described in Attachment A thereto; and WHEREAS, the City Council desires to make the necessary findings to incur bonded indebtedness within the Distr ict, to declare the purpose for said debt, and to authorize the 347
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submittal of a proposition to issue bonded indebtedness to the voters of the District, being the landowners within the proposed District, all as authorized and required by law;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WILDOMAR, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2025-2 (WESTPARK PROMENADE) OF THE CITY OF WILDOMAR, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1. It is necessary to incur bonded indebtedness in a maximum aggregate principal amount not to exceed $17,000,000 within Community Facilities District No. 2025-2.
Section 2. The indebtedness is to be incurred for the purpose of financing the costs of purchasing, constructing, modifying, expanding, improving, or rehabilitating the Facilities and financing the Incidental Expenses, as described in the Resolution of Formation, and carrying out the powers and purposes of Community Facilities District No. 2025-2, including, but not limited to, financing the costs of selling the bonds, establishing and replenishing bond reserve funds and paying remarketing, credit enhancement and liquidity facility fees and other expenses of the type authorized by Section 53345.3 of the Act.
Section 3. The whole of the property within Community Facilities District No. 2025-2, other than property exempted from the special tax pursuant to the provisions of the rate and method of apportionment attached to Resolution No. 2025-47 as Attachment C, shall pay for the bonded indebtedness pursuant to the levy of the special tax authorized by the Resolution of Formation.
Section 4. The maximum term of the bonds to be issued shall in no event exceed 35 years or such longer term as is then permitted by law.
Section 5. The bonds shall bear interest at the rate or rates not to exceed the maximum interest rate permitted by law, payable annually or semiannually, or in part annually and in part semiannually, except the first interest payment may be for a period of less than six months, with the actual rate or rates and times of payment to be determined at the time or times of sale thereof.
Section 6. The bonds may bear a variable or fixed interest rate, pro vided that such variable rate or fixed rate shall not exceed the maximum rate permitted by Section 53531 of the Government Code, or any other applicable provision of law limiting the maximum interest rate on the bonds.
Section 7. Pursuant to Section 53351 of the Act, a special election is hereby called for Community Facilities District No. 2025-2 on the proposition of incurring the bonded indebtedness. The proposition relative to incurring bonded indebtedness in the maximum aggregate principal amount of $ 17,000,000 shall be in the form of Proposition A set forth in Attachment A hereto. In accordance with Sections 53351(h) and 53353.5 of the Act, the election shall be consolidated with the special election called on the proposition of levying a special tax within the District as described in the Resolution of Formation, which proposition shall be in the form of Proposition B set forth in Attachment A hereto, and on the proposition of establishing an appropriations limit for the District, which proposition shall be in t he form of Proposition C set forth in Attachment A hereto.
Section 8. The date of the special election for Community Facilities District No. 2025-2 on the propositions of incurring the bonded indebtedness, authorizing the levy of the special tax 348
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and setting an appropriations limit shall be October 13, 2025, or such later date as is consented to by the City Clerk, or a Deputy City Clerk of the City (referred to herein as the “City Clerk”); provided that, if the election is to take place sooner than 90 days after October 13, 2025, then the unanimous written consent of each qualified elector within the District to such election date must be obtained. The polls shall be open for said election immediately following the public hearing on October 13, 2025 . The election shal l be conducted by the City Clerk. Except as otherwise provided by the Act, the election shall be conducted in accordance with the provisions of law regulating elections of the City of Wildomar insofar as such provisions are determined by the City Clerk to be applicable. The City Clerk is authorized to conduct the election following the adoption of the Resolution of Formation, and this resolution and all ballots shall be received by and the City Clerk shall close the election by 9:00 p.m. on the election day; provided the election shall be closed at such earlier time as all qualified electors have voted as provided in Section 53326(d) of the Act. Pursuant to Section 53326 of the Act, the ballots for the special election shall be distributed in person, or b y mail with return postage prepaid, to the qualified electors within Community Facilities District No. 2025-2. The City Clerk has secured a certificate of the Registrar of Voters of the County of Riverside certifying that there were no registered voters within the District as of September 24, 2025. Accordingly, since there were fewer than 12 registered voters within the District for each of the 90 days preceding October 13, 2025 , the qualified electors shall be the landowners within the District and each l andowner, or the authorized representative thereof, shall have one vote for each acre or portion thereof that such landowner owns within Community Facilities District No. 2025-2, as provided in Section 53326 of the Act. The sole landowner within the District has executed and delivered a waiver of certain election law requirements and consenting to the holding of the election on October 13, 2025 , which waiver is on file with the City Clerk.
Section 9. This Resolution shall be effective upon its adoption.
PASSED, APPROVED AND ADOPTED this 13th day of October, 2025:
Ashlee DePhillippo
Mayor
APPROVED AS TO FORM: ATTEST:
Thomas D. Jex Janet Morales
City Attorney City Clerk
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF WILDOMAR )
I, Janet Morales, City Clerk of the City of Wildomar, California, do hereby certify that Resolution No. ____________ was adopted by the City Council of the City of Wildomar, California, at the Regular meeting of October 13, 2025 and that the same was adop ted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Janet Morales
City Clerk
City of Wildomar
350
4935-4007-7418v4/200945-0007
ATTACHMENT A
BALLOT PROPOSITIONS
COMMUNITY FACILITIES DISTRICT NO. 2025-2
(WESTPARK PROMENADE) OF THE CITY OF WILDOMAR
SPECIAL TAX AND SPECIAL BOND ELECTION
October 13, 2025
PROPOSITION A: Shall Community Facilities District
No. 2025-2 (Westpark Promenade ) of the City of
Wildomar (the “District”) incur an indebtedness and issue one or more series of bonds in the maximum aggregate
principal amount of $ 17,000,000, with interest at a rate or rates not to exceed the maximum interest rate
permitted by law, to finance the Facilities and the
Incidental Expenses described in Re solution No. 2025-
47 of the City Council of the City of Wildomar?
PROPOSITION B: Shall a special tax with a rate and
method of apportionment as provided in Resolution No.
2025-47 of the City Council of the City of Wildomar be
levied to pay for the Facilit ies, Incidental Expenses and other purposes described in Resolution No. 2025-47,
including the payment of the principal of and interest on bonds issued to finance the Facilities and Incidental
Expenses?
YES______
NO_______
YES______
NO_______
PROPOSITION C: For each year commencing with
Fiscal Year 2025-26, shall the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, for the District be an amount equal to $8,500,000?
YES______
NO_______
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RESOLUTION NO. 2025-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR, CALIFORNIA ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT
NO. 2025-2 (WESTPARK PROMENADE ) OF THE CITY OF
WILDOMAR CERTIFYING ELECTION RESULTS
WHEREAS, the City Council of the City of Wildomar called and duly held an election on October 13, 2025 within the boundaries of Community Facilities District No. 2025-2 (Westpark Promenade) of the City of Wildomar (“Community Facilities District No. 2025-2” or the “District”) pursuant to Resolution Nos. 2025-__ and 2025-__ for the purpose of presenting to the qualified electors within the District Propositions A, B and C, attached hereto as Attachment A; and WHEREAS, there has been presented to this City Council a certificate of the City Clerk canvassing the results of the election, a copy of which is attached hereto as Attachment B;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WILD OMAR, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2025-2 (WESTPARK PROMENADE) OF THE CITY OF WILDOMAR, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1. Each of the above recitals is true and correct and is adopted by the legislative body of the District.
Section 2. Propositions A, B and C presented to the qualified electors of the District on October 13, 2025 were approved by more than two -thirds of the votes cast at said election and Propositions A, B and C each has carried. The City Council, acting as the legislative body of the District, is hereby authorized to levy on the land within the District the spec ial tax described in Proposition B for the purposes described therein and to take the necessary steps to levy the special tax authorized by Proposition B and to issue one or more series of bonds in an aggregate amount not to exceed $17,000,000 specified in Proposition A.
Section 3. The City Clerk is hereby directed to record in the Assessor -County Clerk - Recorder’s office of the County of Riverside within fifteen days of the date hereof a notice of special tax lien with respect to the District which Bond Counsel to the District shall prepare in the form required by Streets and Highways Code Section 3114.5. 352
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Section 4. This Resolution shall be effective upon its adoption.
PASSED, APPROVED AND ADOPTED this 13th day of October, 2025:
Ashlee DePhillippo
Mayor
APPROVED AS TO FORM: ATTEST:
Thomas D. Jex Janet Morales
City Attorney City Clerk
353
3 4905-2201-3546v3/200945-0007
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF WILDOMAR )
I, Janet Morales, City Clerk of the City of Wildomar, California, do hereby certify that Resolution No. ____________ was adopted by the City Council of the City of Wildomar, California, at the Regular meeting of October 13, 2025 and that the same was adopt ed by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Janet Morales
City Clerk
City of Wildomar
354
A-1
4905-2201-3546v3/200945-0007
ATTACHMENT A
BALLOT PROPOSITIONS
COMMUNITY FACILITIES DISTRICT NO. 2025-2
(WESTPARK PROMENADE) OF THE CITY OF WILDOMAR
SPECIAL TAX AND SPECIAL BOND ELECTION
October 13, 2025
PROPOSITION A: Shall Community Facilities District
No. 2025 -2 (Westpark Promenade) of the City of
Wildomar (the “District”) incur an indebtedness and issue one or more series of bonds in the maximum aggregate
principal amount of $17,000,000, with interest at a rate or rates not to exceed the maximum interest rate
permitted by law, to finance the Facilities and the
Incidental Expenses described in R esolution No. 2025 - 47 of the City Council of the City of Wildomar?
PROPOSITION B: Shall a special tax with a rate and
method of apportionment as provided in Resolution No.
2025-47 of the City Council of the City of Wildomar be
levied to pay for the Facili ties, Incidental Expenses and other purposes described in Resolution No. 2025 -47,
including the payment of the principal of and interest on bonds issued to finance the Facilities and Incidental
Expenses?
YES______
NO_______
YES______
NO_______
PROPOSITION C: For each year commencing with
Fiscal Year 2025 -26, shall the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, for the District be an amount equal to $8,500,000?
YES______
NO_______
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B-1
4905-2201-3546v3/200945-0007
ATTACHMENT B
CERTIFICATE OF CITY CLERK
AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS I, Janet Morales, City Clerk of the City of Wildomar, do hereby certify that I have examined the returns of the Special Tax and Bond Election for Community Facilities District No. 2025-2 (Westpark Promenade) of the City of Wildomar (the “City”). The election was held in the Wildomar City Hall Council Chamber s 23873 Clinton Keith Rd. Suite 106, Wildomar, CA 92595, on October 13, 2025 . I caused to be delivered ballots to each qualified elector. ____ (__) ballots were returned.
I further certify that the results of said election and the number of votes cast for and against Propositions A, B and C are as follows:
PROPOSITION A PROPOSITION B PROPOSITION C
YES: YES: YES:
NO: NO: NO:
TOTAL: TOTAL: TOTAL:
Dated this 13th day of October, 2025.
Janet Morales, City Clerk
City of Wildomar
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ORDINANCE NO. 2025-___
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR, CALIFORNIA ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT
NO. 2025-2 (WESTPARK PROMENADE ) OF THE CITY OF
WILDOMAR AUTHORIZING THE LEVY OF SPECIAL TAXES
Whereas, on September 10, 2025, the City Council (the “City Council”) of the City of Wildomar (the “City”) adopted Resolution No. 2025-47 declaring its intention to form Comm unity Facilities District No. 2025-2 (Westpark Promenade) of the City of Wildomar (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), and its Resolution No. 2025-48 declaring its intention to incur bonded indebtedness for the District; and Whereas, on October 13, 2025 , after providing all notice required by the Act, the City Council conducted a noticed public hearing required by the Act relative to the proposed formation of the District, the proposed levy of a special tax therein to finance certain public facilities described in Resolution No. 2025-47 and to secure the payment of any bonded indebtednes s of the District, and the proposed issuance of up to $ 17,000,000 of bonded indebtedness as described in Resolution No. 2025-48; and
Whereas, at the October 13, 2025 public hearing, all persons desiring to be heard on all matters pertaining to the formation of the District and the proposed levy of the special tax to finance the facilities described in Resolution No. 2025-47 and to secure the payment of up to $ 17,000,000 of bonded indebtedness of the District as described in Resolution No. 2025-48 (the “Bonds”) were heard and a full and fair hearing was held; and
Whereas, on October 13, 2025, the City Council adopted Resolution Nos. 2025-__ and 2025-__ which formed the District and called a special election within the District on October 13, 2025 on three pro positions relating to the levy of a special tax within the District, the issuance of the Bonds and the establishment of an appropriations limit within the District; and Whereas, on October 13, 2025 , a special election was held within the District at which the qualified electors approved by more than a two -thirds vote Propositions A, B and C authorizing the levy of a special tax within the District for the purposes described in Resolution No. 2025-47, the issuance of the Bonds as described in Resolution No. 2025-48 and establishing an appropriations limit for the District; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WILDOMAR, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2025-2 (WESTPARK PROMENADE ) OF THE CITY OF WILDOMAR, ORDAINS AS FOLLOWS:
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Section 1. The above recitals are all true and correct.
Section 2. By the passage of this Ordinance, the City Council authorizes and levies special taxes within the District pursuant to Sections 53328 and 53340 of the Act at the rates and in accordance with the rate and method of apportionment set forth in Attachment C to Resolution No. 2025-47, which is incorporated by reference herein (the “Rate and Method”). The special taxes are hereby levied commencing in the fiscal year specified in the Rate and Method and in each fiscal year thereafter until payment in full of the Bonds (including any bonds issued to refund the Bonds), payment of all costs of the public facilities and services authorized to be financed by the District, and payment of all costs of administering the District.
Section 3. Each of the Mayor, the City Manager, the Administrative Services Director or their written designees (each, an “Authorized Officer”), acting alone, is hereby authorized and directed each fiscal year to determine the specifi c special tax rates and amounts to be levied in such fiscal year on each parcel of real property within the District, in the manner and as provided in the Rate and Method. The special tax rate levied on a parcel pursuant to the Rate and Method shall not e xceed the maximum rate set forth in the Rate and Method for such parcel, but the special tax may be levied at a lower rate. Each Authorized Officer is hereby authorized and directed to provide all necessary information to the Treasurer -Tax Collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at times necessary to satisfy the financi al obligations of the District in each fiscal year until the Bonds are paid in full, the facilities have been paid for, and provision has been made for payment of all of the administrative costs of the District.
Section 4. Properties or entities of the state, federal or other local governments shall be exempt from the special tax, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act and Section F of the Rate and Method. No other properties or entities are exempt from the special tax unless the properties or entities are expressly exempted in Resolution No. 2025- __ or in a resolution of consideration to levy a new special tax or special taxes or to alter the rate or method of apportionment of an existing special tax as provided in Section 53334 of the Act.
Section 5. All of the collections of the special tax shall be used as provided for in the Act, the Rate and Method and Resolution No. 2025-__.
Section 6. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall b e subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by this City Council from time to time.
Section 7. As a cumulative remedy, if any amount levied as a special tax for payment of the interest or principal of the Bonds (including any bonds issued to refund the Bonds), together with any penalties and other charges accruing under this Ordinance, are not paid when due, the City Council may, not later than four years after the due date of the last inst allment of principal on the Bonds (including any bonds issued to refund the Bonds), order that the same be collected by an action brought in the superior court to foreclose the lien of such special tax, as authorized by the Act.
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Section 8. The Mayor of the City shall sign this Ordinance and the City Clerk shall attest to the Mayor’s signature and then cause the same to be published within fifteen (15) days after its passage at least once in The Press Enterprise , a newspaper of general circulation published and circulated in the City of Wildomar.
Section 9. The specific authorization for adoption of this Ordinance is pursuant to the provisions of Section 53340 of the Act.
Section 10. The City Clerk is hereby authorized to transmit a certified copy of this ordinance to the Treasurer -Tax Collector of the County of Riverside, and to perform all other acts which are required by the Act, this Ordinance or by law in order to accomplish the purpose of this Ordinance.
Section 11. A full reading of this Ordinance is dispensed with prior to its final passage, a written or printed copy having been available to the City Council and the public a day prior to its final passage.
Section 12. This Ordinance shall take effect thirty days after its final passage.
PASSED, APPROVED AND ADOPTED this ___ day of _________, 2025:
Ashlee DePhillippo
Mayor
APPROVED AS TO FORM: ATTEST:
Thomas D. Jex Janet Morales
City Attorney City Clerk
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF WILDOMAR )
I, Janet Morales, City Clerk of the City of Wildomar, California, do hereby certify that Ordinance No. ____________ was adopted by the City Council of the City of Wildomar, California, at the Regular meeting of __________, 2025 and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Janet Morales
City Clerk
City of Wildomar
360
Public Hearing Report
Community Facilities District No. 2025-2
(Westpark Promenade)
October 13, 2025
361
Table of Contents
Sections P age _____________________________________________ 1 Introduction ________________________________________________ 1 2 Description of Facilities ______________________________________________ 2 3 Cost Estimate ________________________________________________ 3 4 Proposed Development _____________________________________________ 4 5 Rate and Method of Apportionment ____________________________________ 5 6 Certifications ________________________________________________ 6
Tables Page
3-1 Cost Estimate _______________________________________________ 3 5-1 Assigned Special Tax for Developed Property ___________________________ 5
Appendices P age _____________________________________________ A Rate and Method of Apportionment _____________________________________ B Boundary Map _________________________________________________ C Resolution of Intention _______________________________________________
362
1 Introduction Page | 1
City of Wildomar
CFD No. 2025-2 (Westpark Promenade)
Public Hearing Report
Background
On September 10, 2025, the City Council (the “City Council”) of the City of Wildomar (the “City”), adopted a Resolution of Intention to form Community Facilities Di strict No. 2025-2 (Westpark Promenade) of the City of Wildomar (the “CFD No. 2025-2”), Resolution No. 2025-47, pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, (the “Act”).
CFD No. 2025-2 is currently comprised of three parcels and approximately 12.27 gross acres. Two Tract Maps 36781 & 36782 include 191 proposed single family residential properties. The properties are generally located east of Westpark Street, north of Catt Road, and south of Depasquale Road, within the City of Wildomar, California.
For a map showing the boundaries of CFD No. 2025-2 please see Appendix B.
Purpose of Public Hearing Report
WHEREAS, this Community Facilities District Report (“Report”) is being provided to the City Council and generally contains the following:
1. A brief description of CFD No. 2025-2;
2. A brief description of the Facilities required at the time of formation to meet the needs of CFD No. 2025-2.
3. A brief description of the Boundaries of CFD No. 2025-2; and
4. An estimate of the cost of financing the bonds used to pay for the Facilities, including all costs associated with formation of the District, issuance of bonds, determination of the amount of any special taxes, collection of any special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the City with respect to the District, and any other incidental expenses to be paid through the proposed financing.
For particulars, reference is made to the Resolution of Intention as previously approved and adopted and is included in Appendix C.
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2 Description of Facilities Page | 2
City of Wildomar
CFD No. 2025-2 (Westpark Promenade)
Public Hearing Report
NOW, THEREFORE, the undersigned, authorized representative of Spicer Consulting Group, LLC, the appointed responsible officer, or person directed to prepare this Report, does hereby submit the following data:
Description of the Facilities
A Community Facilities District may pay for facilities which may include all amounts necessary to eliminate any fixed special assessment liens or to pay, repay, or defease any obligation to pay for any indebtedness secured by any tax, fee, charge, or assessment levied, provide for the pu rchase, construction, expansion, or reha bilitation for any real or other tangible property with an estimated useful life of five (5) years or longer, which is necessary to meet increased demands placed upon local agencies as a result of development and/or rehabilitation occurring within the District.
The types of facilities that are proposed by CFD No. 2025- 2 and financed with the proceeds of special taxes and bonds issued by CFD No. 2025-2 consist of the construction, purchase, modification, expansion, rehabilitation and/or improvement of (i) drainage, library, park, police, fire, roadway, traffic, administration and community center facilities, animal shelter facilities, and other public facilities of the City, including the foregoing public fac ilities which are included in the City’s fee programs with respect to such facilities and authorized to be financ ed under the Act (the “City Fa cilities”), (ii) water and sewer facilities including the acquisition of capacity in the sewer system and/or water system of the Elsinore Valley Municipal Water District which are included in Elsinore Valley Municipal Water District’s water and sewer capacity and connection fee programs (the “Water District Facilities”), and (iii) interim and permanent school facilities of Lake Elsinore Unified School District, including classrooms, multi-purpose facilities, administration and auxiliary space at school facilities, athletic fie lds, playgrounds and recreational facilities and improvements thereto, landscaping, access roadways, drainage, sidewalks and gutters and utility lines, furnit ure, equipment and technology, including te chnology upgrades and mobile devices and infrastructure therefore, with a useful life of at least five (5) years at such school facilities (the “School Facilities” and together, with the City Facilities and the Water Facilities, the “Facilities”), and all appurtenances and appurtenant work in connection with the foregoing Facilities, including the cost of engineering, planning, designing, materials testing, coordination, construction staking, construction management and supervision for such Facilities.
Incidental Expenses
The Incidental Expenses to be paid from bond proceeds and/or special taxes include:
a) The cost of engineering, planning and designing the Facilities; and b) All costs, including costs of the property owner petitioning to form the District, associated with the creation of the District, the issuance of the bonds, the determination of the amount of special taxes to be levied and costs otherwise incurred in order to carry out the authorized purposes of the District; and c) Any other expenses incidental to the construction, acquisition, modification, rehabilitation, completion and inspection of the Facilities.
Capitalized terms used and not defined herein shall have the meaning set forth in the Rate and Method of Apportionment of Special Taxes for the District.
All costs associated with the creation of CFD No. 2025-2, the issuance of bonds, the determination of the amount of special taxes to be levied, costs incurred in order to carry out the authorized purposes of CFD No. 2025-2, including legal fees, fees of consultants, engineering, planning, designing and the annual costs to administer CFD No. 2025-2 and any obligations.
The description of the eligible public facilities, services and incidental expenses above are preliminary and general in nature.
The final plans and specifications approved by the applicable public agency may show substitutes or modifications in order to accomplish the work or serve the new development and any such substitution or modification shall not constitute a change or modification in the proceedings relating to CFD No. 2025-2.
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3 Cost Estimate Page | 3
City of Wildomar
CFD No. 2025-2 (Westpark Promenade)
Public Hearing Report
Below is the estimated cost of facilities to be provided to the District. a) The cost estimate of facilities, including incidental expenses, to be financed through the issuance of CFD No. 2025- 2 Bonds is estimated to be $12,745,000 based upon current dollars (Fiscal Year 2025-26). b) For further particulars please reference Table 3-1 below and incorporated herein by reference. c) Pursuant to Section 53340 of the Act, the proceeds of any special tax levied and collected by CFD No. 2025-2 may be used only to pay for the cost of providing public facilities, services, and incidental expenses. As defined by the Act, incidental expenses include, but are not limited to, the annual costs associated with determination of the amount of special taxes, collection of special taxes, payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the District. The incidental expenses associated with the annual administration of CFD No. 2025-2 are estimated to be $30,000 in the initial Fiscal Year. However, it is anticipated that the incidental expenses will vary due to inflation and other factors that may not be fores een today, and the actual incidental expenses may exceed these amounts accordingly.
Table 3-1
Cost Estimate
City Fees Total Bond Allocation(1)
Police Facilities $40,874 $40,874
Fire Facilities $74,490 $74,490
Transportation - Roads $525,059 $525,059
Transportation - Signals $58,446 $58,446
Drainage $363,473 $363,473
Community Centers $89,961 $89,961
City Hall $64,176 $64,176
Parks - Improvement $1,466,116 $1,466,116
Multi-Purpose Trails $239,896 $239,896
Corporate Yard $14,516 $14,516
City Facilities $587,401 $587,401
Total City Fees $3,524,408 $3,524,408
Elsinore Valley Municipal Water District Fees Total Bond Allocation(1) Water Fee $4,240,391 $4,240,391
Sewer Fee $1,698,487 $1,698,487
Fee Credit – Temescal Valley Project ($735,732) ($735,732) Total Elsinore Valley Municipal Water District Fees $5,203,146 $5,203,146
Lake Elsinore Unified School District Fees Total Bond Allocation(1) School Mitigation Fee $1,477,612 $1,293,778
CFD Premium $443,284 $388,133
Total Lake Elsinore Unified School District Fees $1,920,896 $1,681,911
Total Eligible Fees/Improvements $10,648,450 $10,409,465 Incidental Financing Costs $2,335,535
Total Funded by Bond Proceeds $12,745,000
Total Fees/Improvements to be Funded by Developer $238,985 (1) Amounts are allocated based upon estimated bond sizing and may change based upon market conditions at the time of bond issuance. 365
4 Proposed Development Page | 4
City of Wildomar
CFD No. 2025-2 (Westpark Promenade)
Public Hearing Report
The CFD No. 2025-2 includes approximately 12.27 gross acres on three undeveloped assessor’s parcels in Tract Maps 36781 & 36782 located in the City. The property within CFD No. 2025-2 is expected to be developed with 191 single family residential units. The District is located east of Westpark Street, north of Catt Road, and south of Depasquale Road. As of Fiscal Year 2025-26 the proposed CFD No. 2025-2 includes the following Assessor's Parcel Numbers:
Assessor
Parcel Number
376-510-002
376-510-003
376-510-004
A map showing the boundaries of CFD No. 2025-2 is included in Appendix B.
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5 Rate and Method of Apportionment Page | 5
City of Wildomar
CFD No. 2025-2 (Westpark Promenade)
Public Hearing Report
The Rate and Method of Apportionment allows each property owner within CFD No. 2025-2 to estimate the annual Special Tax amount that would be required for payment. The Rate and Method of Apportionment of the Special Tax established pursuant to these proceedings, is attached hereto as Appendix A (the “Rate and Method”). The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the CFD Administrator may directly bill the Special Taxes, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of CFD No. 2025-2, and provided further that CFD No. 2025-2 may covenant to foreclose and may actually foreclose on parcels having delinquent Special Taxes as permitted by the Act.
All of the property located within CFD No. 2025-2, unless exempted by law or by the Rate and Method proposed for CFD No. 2025-2, shall be taxed for the purpose of providing necessary facilities to serve the District. The Boundary Map for CFD No. 2025-2 is attached hereto as Appendix B. Pursuant to Section 53325.3 of the Act, the tax imposed “is a Special Tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property.” The Special Tax may be based on the benefit received by property, the co st of making facilities or authorized services available or other reasonable basis as determined by the City, although the Special Tax may not be apportioned on an ad valorem basis pursuant to Articl e XIIIA of the California Constitution. A property owner within the District may choose to prepay in whole or in part the Special Tax. The available method for so doing is described in Section G of the Rate and Method (“Prepayment of Special Tax”).
For each year that any Bonds are outstanding the Special Tax shall be levied on all parcels subject to the Special Tax. If any delinquent Special Taxes remain uncollected prior to or after all Bonds are retired, the Special Tax may be levied to the extent necessary to reimburse CFD No. 2025-2 for uncollected Special Taxes associated with the levy of such Special Taxes, but the Special Tax shall not be levied after 2070-2071 Fiscal Year.
Table 5-1
Assigned Special Tax for Developed Property
Fiscal Year 2025-26
Land Use Category
Taxable
Unit Building Square Footage
Assigned Special
Tax Per Taxable
Unit
1. Single Family Residential Property RU Less than 1,200 sq. f t $3,550.00
2. Single Family Residential Property RU 1,200 sq. ft to 1,300 sq. f t $3,755.00
3. Single Family Residential Property RU 1,301 sq. ft to 1,400 sq. f t $3,840.00
4. Single Family Residential Property RU 1,401 sq. ft to 1,500 sq. f t $3,890.00
5. Single Family Residential Property RU 1,501 sq. ft to 1,600 sq. f t $4,242.50
6. Single Family Residential Property RU Greater than 1,600 sq. f t $4,595.00
7. Multifamily Property Acre N/A $236,174.00
8. Non-Residential Property Acre N/A $236,174.00
Escalation of Special Taxes
On each July 1, commencing on July 1, 2026 the Assigned Special Tax shall increase by two percent (2.0%), of the amount in effect in the prior Fiscal Year.
For particulars as to the Rate and Method for CFD No. 2025-2, see the attached and incorporated in Appendix A.
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6 Certifications Page | 6
City of Wildomar
CFD No. 2025-2 (Westpark Promenade)
Public Hearing Report
Based on the information provided herein, it is my opinion that the described services herein are those that are necessary to meet increased demands placed upon the City of Wildomar as a result of development occurring within the CFD No. 2025-2 and benefits the lands within said CFD No. 2025-2. Further, it is my opinion that the special tax rates and method of apportionment, as set forth herein, are fair and equitable, uniformly applied and not discriminating or arbitrary.
Date: October 13, 2025 SPICER CONSULTING GROUP, LLC
__________________________
SHANE SPICER
SPECIAL TAX CONSULTANT FOR
CITY OF WILDOMAR
RIVERSIDE COUNTY
STATE OF CALIFORNIA
368
Appendix A:
Rate and Method of Apportionment
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Community Facilities District No. 2025-2 (Westpark Promenade) Page 1
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR
COMMUNITY FACILITIES DISTRICT NO. 2025-2 (WESTPARK PROMENADE)
OF THE CITY OF WILDOMAR
A Special Tax (all capitalized terms not otherwise defined herein are defined in Section A, “Definitions”, below) shall be applicable to each Assessor’s Parcel of Taxable Property located within the boundaries of the City of Wildomar Community Facilities District No. 2025-2 (Westpark Promenade) of the City of Wildomar ("CFD No. 2025-2"). The amount of Special Tax to be levied in each Fiscal Year on an Assessor’s Parcel shall be determined by the City Council of the City of Wildomar, acting in its capacity as the legislative body of CFD No. 2025-2, by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, and Provisional Undeveloped Property that is not Exempt Property as set forth below. All of the real property, unless exempted by law or by the provisions hereof in Section F, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Accessory Dwelling Unit” means a residential unit of limited size including a smaller second unit that shares an Assessor’s Parcel as a Single Family Residential Property with a stand-alone Residential Unit.
"Acre” or “Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded parcel map or instrument. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2025-2: the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting Special Taxes to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2025-2 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No . 2025-2 or any designee thereof of complying with continuing disclosure requirements of the City, CFD No. 2025-2 and any major property owner associated with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2025-2 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City’s annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2025-2 for any other administrative purposes of CFD No. 2025-2, including attorney’s fees and other costs relate d to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
"Approved Property" means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1
st preceding the Fiscal Year in which the Special Tax is being levied, 370
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(ii) that have an assigned Assessor’s Parcel Number from the County shown on an Assessor’s Parcel Map for the individual lot included on the Final Map, and (iii) that have not been issued a building permit on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied.
"Assessor’s Parcel" means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
"Assessor’s Parcel Map" means an official map of the Assesso r of the County designating parcels by Assessor’s Parcel Number.
"Assessor’s Parcel Number" means that number assigned to an Assessor’s Parcel by the County for purposes of identification.
"Assigned Special Tax" means the Special Tax of that name described in Section D below.
"Backup Special Tax" means the Special Tax of that name described in Section D below.
"Bonds" means any obligation to repay a sum of money, in cluding obligations in the form of bonds, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts, or any refunding thereof, to which the Special Tax of CFD No. 2025-2 has been pledged.
"Building Permit" means the first legal document issued by the City giving official permission for new construction. For purposes of this definition, “Bui lding Permit” may or may not include expired or cancelled building permits, or any subsequent building permit document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator, provided that following such determination the Maximum Special Tax that may be levied on all Assessor’s Parcels of Taxable Property will be at least 1.1 times annual debt service on all outstanding Bonds plus the estimated annual Administrative Expenses.
"Building Square Footage" or "BSF" means the square footage of a ssessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the Building Permit for such Assessor’s Parcel.
"Calendar Year" means the period commencing January 1 of any year and ending the following December
31. "CFD” or “CFD No. 2025-2" means Community Facilities District No. 2025-2 (Westpark Promenade) of the City of Wildomar established by the City under the Act.
“CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement, and providing for the levy and collection of the Special Taxes.
“City” means the City of Wildomar, State of California.
"City Council" means the City Council of the City of Wildomar , acting as the legislative body of CFD No. 2025-2.
“Condominium Plan" means a condominium plan pursuant to California Civil Code, Section 6624. 371
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"County" means the County of Riverside, State of California.
"Developed Property" means all Assessor’s Parcels that: (i) are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) for which a Building Permit for new construction was issued on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied.
"Exempt Property" means all Assessor’s Parcels designated as being exempt from Special Taxes as provided for in Section F.
"Final Map" means a subdivision of property by recordatio n of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (Ca lifornia Government Code Section 66410 et seq.) or recordation of a Condominium Plan pursuant to California Civil Code Section 6624 that creates individual lots for which Building Permits may be issued without further subdivision.
"Fiscal Year" means the period commencing on July 1
st of any year and ending the following June 30th.
“Indenture” means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same.
“Land Use Category” means any of the categories listed in Table 1 of Section D.
"Maximum Special Tax" means for each Assessor’s Parcel, the maximum Special Tax, determined in accordance with Section D below, that can be levied by CFD No. 2025-2 on such Assessor’s Parcel.
“Multifamily Property” means all Assessor’s Parcels of Develope d Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the CFD Administrator.
"Non-Residential Property" means all Assessor's Parc els of Developed Property for which a Building Permit(s) was issued for a non-residential use. The CFD Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property.
"Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax obligation for an Assessor’s Parcel, as described in Section G.2.
"Prepayment Amount" means the amount required to prepay the Special Tax obligation in full for an Assessor’s Parcel, as described in Section G.1.
“Proportionately” means for Taxable Property that is (i) Develo ped Property, that the ratio of the actual Special Tax levy to the Assigned Special Tax is the sa me for all Assessor’s Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor’s Parcels of Approved Property, and (iii) Undeveloped Property or Provisional Undeveloped Property, that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Assessor’s Parcels of Undeveloped Property or Provisional Undeveloped Property, as applicable.
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"Provisional Undeveloped Property" means all Assessor’s Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuan t to the provisions of Section F, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section F.
"Residential Property" means all Assessor’s Parcels of Develope d Property for which a Building Permit has been issued for purposes of constructing one or more Residential Units.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the CFD Admi nistrator. An Accessory Dwelling Unit that shares an Assessor’s Parcel with a Single Family Residential Property shall not be considered a Residential Unit for purposes of this RMA.
“RMA" means this Rate and Method of Apportionment of Special Taxes.
“Single Family Residential Property” means all Assessor’s Parcels of Residential Property other than Multifamily Property.
"Special Tax" or “Special Taxes” means any of the special taxes authorized to be levied within CFD No. 2025-2 pursuant to the Act to fund the Special Tax Requirement.
"Special Tax Requirement " means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to replenish any reserve funds established in association with the Bonds (provided that the same amount was not previously levied), (v) an amount up to any anticipated shortfall (based on the prior year’s delinquency rate) due to Special Tax delinquencies and (vi) for the collection or accumulation of funds for the acquisition or construction of facilities authorized by CFD No. 2025-2 or the payment of debt service on Bonds anticipated to be issued, provided that the inclusion of such amount does not cause an increase in the levy of Special Ta x on Approved Property or Undeveloped Property as set forth in Steps Two or Three of Section E., less (v ii) any amounts available to pay debt service or other periodic costs on the Bonds pursuant to the Indenture.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2025-2, which are not Exempt Property.
“Taxable Unit” means either a Residential Unit or an Acre.
“Trustee” means the trustee, fiscal agent, or paying agent under the Indenture.
"Undeveloped Property" means all Assessor’s Parcels of Taxable Property which are not Developed Property, Approved Property, or Provisional Undeveloped Property.
B. SPECIAL TAX
Commencing Fiscal Year 2025-2026 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property, up to the applicable Maximum Special Tax, to fund the Special Tax Requirement.
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C. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX
Each Fiscal Year, beginning with Fiscal Year 2025-2026, each Assessor’s Parcel within CFD No. 2025-2 shall be classified as Taxable Property or Exempt Proper ty. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property.
Assessor’s Parcels of Developed Property shall furthe r be classified as Residential Property or Non- Residential Property. Each Assessor’s Parcel of Residential Property shall further be classified as a Single Family Residential Property or Multifamily Property. Each Assessor’s Parcel of Single Family Residential Property shall be further assigned to a Land Use Category based on its Building Square Footage.
In the event that there are Assessor’s Parcel(s) for which one or more Building Permits for Residential Units have been issued and the County has not yet assigned final Assessor’s Parcel Number(s) to such Assessor’s Parcel(s) (in accordance with the Final Map or Condominium Plan), the amount of the Special Tax levy on such Assessor’s Parcel for each Fiscal Year shall be determined as follows: (1) the CFD Administrator shall first determine an amount of the Maximum Special Tax fo r such Assessor’s Parcel, based on the classification of such Assessor’s Parc el as Undeveloped Property; (2) the amount of the Special Tax for the Residential Units on such Assessor’s Parcel for which Building Permits have been issued shall be determined based on the Developed Property Special Tax rates and such amount shall be levied as Developed Property in accordance with Step 1 of Section E below; and (3) the amount of the Special Tax on the Taxable Property in such Assessor’s Parcel not subject to the Special Tax levy in clause (2) shall be equal to: (A) the percentage of the Maximum Special Tax rate levied on Undeveloped Property pursuant to Step 3 of Section E below, multiplied by the total of the amount determined in clause (1), less (B) the amount determined in clause (2).
D. MAXIMUM SPECIAL TAX
1. Developed Property
The Maximum Special Tax for each Assessor’s Parcel of Single Family Residential Property in any Fiscal Year shall be the greater of (i) the Assigned Specia l Tax for such Assessor’s Pa rcel or (ii) the Backup Special Tax.
The Maximum Special Tax for each Assessor’s Parcel of Multifamily Property and Non-Residential Property shall be the applicable Assigned Special Tax described in Table 1 of Section D.
a. Assigned Special Tax
Each Fiscal Year, each Assessor’s Parcel of Single Family Residential Property, Multifamily Property or Non-Residential Property shall be subject to an Assigned Special Tax. The Assigned Special Tax for Fiscal Year 2025-2026 applicable to an Assessor's Parcel of Develope d Property shall be determined pursuant to Table 1 below.
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TABLE 1
ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY
FISCAL YEAR 2025-2026
Land Use Category
Taxable
Unit Building Square Footage
Assigned
Special Tax Per
Taxable Unit
1. Single Family Residential Property RU Less than 1,200 sq. ft $3,550.00
2. Single Family Residential Property RU 1,200 sq. ft to 1,300 sq. ft $3,755.00
3. Single Family Residential Property RU 1,301 sq. ft to 1,400 sq. ft $3,840.00
4. Single Family Residential Property RU 1,401 sq. ft to 1,500 sq. ft $3,890.00
5. Single Family Residential Property RU 1,501 sq. ft to 1,600 sq. ft $4,242.50
6. Single Family Residential Property RU Greater than 1,600 sq. ft $4,595.00
7. Multifamily Property Acre N/A $236,174.00
8. Non-Residential Property Acre N/A $236,174.00
On each July 1, commenc ing July 1, 2026, the Assigned Special Ta x rate for Developed Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
b. Multiple Land Use Categories
In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax levied on an As sessor’s Parcel shall be the sum of the Maximum Special Tax for each Taxable Unit for all Land Use Categories located on the Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final.
c. Backup Special Tax
The Backup Special Tax for an Assessor’s Parcel within a Final Map classified as Single Family Residential Property shall be $4,217 per Residential Unit.
Notwithstanding the foregoing, if all or any portion of the applicable Final Maps and/or condominium plan contained within the boundaries of CFD No. 2 025-2 is subsequently changed or modified, then the Backup Special Tax for Single Family Residential Pr operty or Approved Property in such Final Map or condominium plan area that is changed or modified shall be recalculated as follows:
1. Determine the total Backup Special Taxes anticipa ted to apply to the changed or modified Final Map or condominium plan area prior to the change or modification.
2. The result of paragraph 1 above shall be divided by the total number of Residential Units constructed and/or anticipated to be constructed within such changed or modified Final Map or condominium plan area, as reasonably determined by the CFD Administrator.
The result of paragraph 2 is the Backup Special Tax per Residential Unit which shall be applicable to Assessor’s Parcels of Single Family Residential Prop erty or Approved Proper ty in such changed or modified Final Map or condominium plan area contained within the boundaries of CFD No. 2025-2.
Notwithstanding the foregoing, the Backup Special Tax for an Assessor’s Parcel of Developed Property for which a certificate of occupancy has been granted may not be revised.
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On each July 1, commencing July 1, 2026, the Backup Special Tax rate shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
2. Approved Property
The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Single Family Residential Property shall be the Backup Special Tax computed pursuant to Section D.1.c above.
The Maximum Special Tax for each Assessor’s Parcel of Approved Property not expected to be classified as Single Family Residential Property shall be $236,174 per Acre.
On each July 1, commencing July 1, 2026, the Maxi mum Special Tax rate for Approved Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
3. Undeveloped Property and Provisional Undeveloped Property
The Maximum Special Tax for each Assessor’s Parc el of Undeveloped Property and Provisional Undeveloped Property shall be $236,174 per Acre.
On each July 1, commencing July 1, 2026, the Maximum Special Tax rate for Undeveloped Property and Provisional Undeveloped Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing Fiscal Year 2025-2026 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property in accordance with the following steps:
Step One: (i) Prior to the first issuance of Bonds, the Special Tax shall be levied at 100% of the applicable Assigned Special Tax rates on Developed Property and (ii) subsequent to the first issuance of Bonds, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rates in Table 1 to satisfy the Special Tax Requirement.
Step Two: If additional moneys ar e needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Approved Property at up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.
Step Three: If additional moneys are needed to sa tisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.
Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax levy on each Assessor's Parcel of Developed Property for which the Maximum Sp ecial Tax is the Backup Special Tax shall 376
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be increased in equal percentages from the Assigned Special Tax up to 100% of the Backup Special Tax as needed to satisfy the Special Tax Requirement.
Step Five: If additional moneys ar e needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Provisional Undevelo ped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.
Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Assessor’s Parcel of Residential Property as a re sult of a delinquency in the payment of the Special Tax applicable to any other Assessor’s Parcel be in creased by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.
F. EXEMPTIONS
The City shall classify as Exempt Property, in the chronological order in which they become exempt, (i) Assessor’s Parcels which are owned by, irrevocably offe red for dedication, encumbered by or restricted in use by the State of California, Federal or other lo cal governments, including school districts, (ii) Assessor’s Parcels which are used as places of worship an d are exempt from ad valorem property taxes because they are owned by a religious organizati on, (iii) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses, (vi) Assesso r’s Parcels which are classified as Non-Residential Property or (vii) Assessor’s Parcels restricted to other types of public uses determined by the City Council, provided that no such classification would reduce the sum of all Taxable Property to less than 3.41 Acres.
Notwithstanding the above, the City Council shall not cl assify an Assessor’s Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than 3.41 Acres. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 3.41 Acres will be classified as Provisional Undeveloped Property, and will be subject to Special Tax pursuant to Step Five in Section E.
G. PREPAYMENT OF SPECIAL TAX
The following additional definitions apply to this Section G:
“CFD Facilities” means $11,500,000 expressed in 2025 dollars, wh ich shall increase by the Construction Inflation Index on July 1, 2026, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the facilities under the authorized bonding program for CFD No. 2025- 2, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to finance additional facilities to be supported by Special Tax levied under this RMA.
“Construction Fund” means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are available for expenditure to acquire or construct facilities eligible to be financed by CFD No. 2025-2.
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“Construction Inflation Index” means the greater of (i) 2% and (ii) the annual percentage change in the Engineering News-Record Building Cost Index for the ci ty of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles.
“Future Facilities Costs” means the CFD Facilities minus (i) amo unts deposited in the Construction Fund, (ii) amounts deposited in any escrow accounts funded by the Outstanding Bonds and anticipated to fund public facilities costs, and (iii) pub lic facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment,
but in no event shall such amount be less than zero.
“Outstanding Bonds” means all previously issued Bonds issued and secured by the levy of Special Tax which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Tax.
1. Prepayment in Full
The Special Tax obligation may be prepaid and perm anently satisfied for (i) Assessor’s Parcels of Developed Property, (ii) Assessor’s Parcels of Approv ed Property or Undeveloped Property for which a Building Permit has been issued, (iii) Assessor’s Parc els of Approved Property or Undeveloped Property for which a Building Permit has not been issued and (iv) Assessor’s Parcels of Provisional Undeveloped Property. The Special Tax obligation applicable to an Assessor’s Parcel may be fully prepaid and the obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as described herein; provided that a prepayment may be made only if th ere are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel intending to prepay the Special Tax obligation for such Assessor’s Parcel shall provide th e CFD Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non-re fundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Am ount (as defined below) for the Assessor’s Parcel.
Within 15 days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the Prepayment Amount for the Assessor’s Parcel. Prepayment must be made not less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes.
The Prepayment Amount shall be calculated as follows (some capitalized terms are defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Equals: Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:
1. Confirm that no Special Tax delinquen cies apply to such Assessor’s Parcel.
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2. For an Assessor’s Parcel of Developed Prop erty, compute the Maximum Special Tax for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Ma ximum Special Tax for the Assessor’s Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, or Provisional Undeveloped Property, compute the Maximum Special Tax for the Assessor’s Parcel.
3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Maximum Special Taxes that could be levied assumi ng build out of all Assessor’s Parcels of Taxable Property based on the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property not including any Assessor’s Parcels for which the Special Tax obligation has been previously prepaid.
4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the “Bond Redemption Amount”).
5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).
6. Determine the Future Facilities Costs.
7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Assessor’s Parcel (the “Future Facilities Amount”).
8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds on which Bonds can be redeemed from Special Tax prepayments.
9. Determine the Special Taxes levied on the Asse ssor’s Parcel in the curre nt Fiscal Year which have not yet been paid.
10. Determine the amount the CFD Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount.
11. Add the amounts derived pursuant to paragra phs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the “Defeasance Amount”).
12. Verify the administrative fees and expenses of the CFD, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Special Tax obligation for the Assessor’s Parcel and the redemption of Outstanding Bonds (the “Administrative Fees and Expenses”).
13. The reserve fund credit (the “Reserve Fund Cr edit”) shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the 379
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redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayme nt from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero.
14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeas ance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit.
15. From the Prepayment Amount, the Bond Rede mption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities Amount shall be deposited into the Construction Fu nd. The Administrative Fees and Expenses shall be retained by the CFD.
The Prepayment Amount may be sufficient to redeem other than a $5,000 increm ent of Bonds. In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax prepayments of Outstanding Bonds or to make debt service payments.
As a result of the payment of the current Fiscal Year’s Special Tax levy as determined pursuant to paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year’s Special Tax levy for the Assessor’s Parcel from the County tax roll. With respect to any Assessor’s Parcel for which the Special Tax obligation is prepaid, the City Council shall cause a suit able notice to be recorded in compliance with the Act, to indicate the prepayment of Special Tax oblig ation and the release of the Special Tax lien for the Assessor’s Parcel, and the obligation to pay the Special Tax for such Assessor’s Parcel shall cease.
Notwithstanding the foregoing, no Special Tax pr epayment shall be allowed unless the amount of Maximum Special Tax that may be levied on all Assessor’s Parcels of Taxable Property after the proposed prepayment will be at least 1.1 times maximum annua l debt service on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses.
Tenders of Bonds in prepayment of the Special Tax obligation may be accepted upon the terms and conditions established by the City Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the City Council.
2. Prepayment in Part
The Special Tax obligation for an Assessor’s Parcel of Developed Property, Approved Property, Undeveloped Property, or Provisional Undeveloped Pr operty may be partially prepaid. For purposes of determining the Partial Prepayment Amount, the provisio ns of Section G.1 shall be modified as provided by the following formula:
PP = ((P
E – A) x F) + A
These terms have the following meaning:
PP = Partial Prepayment Amount
PE = the Prepayment Amount calculated according to Section G.1 F = the percent by which the owner of the Assessor’s Parcel(s) is partially prepaying the 380
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Special Tax obligation
A = the Administrative Fees and Expenses determined pursuant to Section G.1 The owner of an Assessor’s Parcel who desires to partially prepay the Special Tax obligation for the Assessor’s Parcel shall notify the CF D Administrator of (i) such owner’s intent to partially prepay the Special Tax obligation, (ii) the percentage of the Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any. Within 5 days of receipt of such notice, the CFD Administrator shall notify such property owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Partial Prepayment Amount. Within 15 business days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the amount of the Partial Prep ayment Amount for the Assessor’s Parcel. A Partial Prepayment Amount must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment Amount.
With respect to any Assessor’s Parc el for which the Special Tax obligation is partially prepaid, the CFD Administrator shall (i) distribute the Partial Prepayme nt Amount as provided in Paragraph 15 of Section G.1, and (ii) indicate in the records of the CFD that there has been a partial prepayment for the Assessor’s Parcel and that a portion of the Special Tax obligation equal to the remaining percentage (1.00 - F) of the applicable Special Tax will continue to be levied on the Assessor’s Parcel pursuant to Section E.
H. TERMINATION OF SPECIAL TAX
For each Fiscal Year that any Bonds are outstanding the Special Tax shall be levied on all Assessor’s Parcels subject to the Special Tax pursuant to Section E. The Special Tax shall cease not later than the 2070-2071 Fiscal Year, however, Special Taxes will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all the required interest and principal payments on the CFD No. 2025-2 Bonds have been paid; (ii) all authorized facilities of CFD No. 2025-2 have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Sp ecial Taxes remain uncollected and (iv) all other obligations of CFD No. 2025-2 have been satisfied.
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2025- 2 may collect Special Taxes at a different time or in a different manner if necessary to meet its fina ncial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.
J. APPEALS OF SPECIAL TAXES
Any taxpayer may file a written appeal of the Special Taxes levied on his/her Assessor’s Parcel(s) with the CFD Administrator, provided that the appellant is curre nt in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously le vied must be paid on or before the payment date established when the levy was made. The appeal mu st specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Assessor’s Parcel(s). No refunds of previously paid Special Taxes shall be made unless approved by the CFD Administrator.
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The CFD Administrator shall interpret this RMA and ma ke determinations relative to the annual levy and administration of the Special Taxes and any taxpayer who appeals, as herein specified.
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Appendix B:
Proposed Boundary Map
383
384
Appendix C:
Resolution of Intention
385
RESOLUTION NO. 2025 - 47
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2025- 2 ( WESTPARK PROMENADE) OF THE CITY OF WILDOMAR, TO
AUTHORIZE THE LEVY OF A SPECIAL TAX TO PAY THE COSTS OF
ACQUIRING OR CONSTRUCTING CERTAIN FACILITIES AND TO PAY
DEBT SERVICE ON BONDED INDEBTEDNESS
WHEREAS, the City of Wildomar ( the " City") received a petition signed by the owner of more than ten percent of the land within the boundaries of the territory which is proposed for inclusion in a proposed community facilities district, which petition meets the requirements of Sections 53318 and 53319 of the Government Code of the State of California; and
WHEREAS, the City Council of the City ( the " City Council") desires to adopt this resolution of intention as provided in Section 53321 of the Government Code of the State of California to establish a community facilities district consisting of the territory described in Attachment " A" hereto and incorporated herein by this reference, which the City Council hereby determines shall be known as "Community Facilities District No. 2025- 2 (Westpark Promenade) of the City of Wildomar" (" Community Facilities District No. 2025- 2" or the District") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Government Code ( the " Act") to finance ( 1) the purchase, construction, modification, expansion, improvement or rehabilitation of certain real or other tangible property described in Attachment " B" hereto and incorporated herein by this reference, including all furnishings, equipment and supplies related thereto collectively, the " Facilities"), which Facilities have a useful life of five years or longer, and 2) the incidental expenses to be incurred in connection with financing the Facilities and forming and administering the District ( the " Incidental Expenses"); and WHEREAS, the City Council further intends to approve an estimate of the costs of the Facilities and the Incidental Expenses for Community Facilities District No. 2025- 2; and
WHEREAS, it is the intention of the City Council to consider financing the Facilities and the Incidental Expenses through the formation of Community Facilities District No. 2025- 2 and the issuance of bonded indebtedness in an amount not to exceed 17,000, 000 with respect to the Facilities and the Incidental Expenses and the levy of a special tax to pay for the Facilities and the Incidental Expenses ( the " Special Tax") and to pay debt service on the bonded indebtedness, provided that the bond sale and such Special Tax levy are approved at an election to be held within the boundaries of Community Facilities District No. 2025- 2; and
WHEREAS, the City desires to enter into a reimbursement agreement with CRP/ CWR Westpark Project, L. L. C., a Delaware limited liability company ( the Developer"), the form of which is on file with the City Clerk ( the " Reimbursement 386
Agreement"), to provide for the reimbursement of certain amounts advanced by the Developer in connection with the formation of the District; and WHEREAS, the City proposes to enter into a Joint Community Facilities Agreement with Elsinore Valley Municipal Water District (the "Water District") and the Developer, relating to certain facilities proposed to be financed by the District and owned and operated by the Water District ( the " Water District JCFA"), and the form of the Water District JCFA is on file with the City Clerk; and
WHEREAS, the Districtandthe Developerproposeto enterintoa joint community facilities agreement ( the " School District JCFA") with Lake Elsinore Unified School District the " School District") relating to certain facilities proposed to be financed by the District and owned and operated by the School District, and the District expects to enter into the School District JCFA prior to the approval of the issuance of bonds pursuant to the Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WILDOMAR, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. A community facilities district is proposed to be established under the terms of the Act. It is further proposed that the boundaries of the community facilities district shall be the legal boundaries as described in Attachment " A" hereto, which boundaries shall, upon recordation of the boundary map for the District, include the entirety of any parcel subject to taxation by the District, and as depicted on the map of the proposed Community Facilities District No. 2025-2 which is on file with the City Clerk. The City Clerk is hereby directed to sign the original map of the District and record it with all proper endorsements thereon with the Assessor -County Clerk -Recorder of the County of Riverside within 15 days after the adoption of this resolution, all as required by Section 3111 of the Streets and Highways Code of the State of California.
SECTION 3. The name of the proposed community facilities district shall be "Community Facilities District No. 2025-2 (Westpark Promenade) of the City of Wildomar." SECTION 4. The Facilities proposed to be provided within Community Facilities District No. 2025-2 are public facilities as defined in the Act, which the City, the Water District, with respect to certain water and sewer facilities, and the School District, with respect to certain school facilities, are authorized by law to construct, acquire, own and operate.
The City Council hereby finds and determines that the description of the Facilities herein is sufficiently informative to allow taxpayers within the proposed District to understand what the funds of the District may be used to finance. The Incidental Expenses expected to be incurred include the cost of planning and designing the Facilities, the costs of forming the District, issuing bonds and levying and collecting the Special Tax within the proposed District. The Facilities may be acquired from one or more of the property owners within the District as completed public improvements or may be constructed from bond or Special Tax proceeds.
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All or a portion of the Facilities may be purchased with District funds as completed public facilities pursuant to Section 53314.9 or as discrete portions or phases pursuant to Section 53313.51 of the Act and/or constructed with District funds pursuant to Section 53316.2 of the Act. Any portion of the Facilities may be financed through a lease or lease - purchase arrangement if the District hereafter determines that such arrangement is of benefit to the District.
SECTION 5. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with the procedures contained in the Act the Special Tax, secured by recordation of a continuing lien against all nonexempt real property in the District, sufficient to pay for: ( i) the Facilities and Incidental Expenses; and ii) the principal and interest and other periodic costs on bonds or other indebtedness issued to finance the Facilities and Incidental Expenses, including the establishment and replenishment of any reserve funds deemed necessary by the District, and any remarketing, credit enhancement and liquidity facility fees ( including such fees for instruments which serve as the basis of a reserve fund in lieu of cash). The rate and method of apportionment and manner of collection of the Special Tax are described in detail in Attachment "C" attached hereto, which Attachment "C" is incorporated herein by this reference. Attachment " C" allows each landowner within the District to estimate the maximum amount of the Special Tax that may be levied against each parcel. In the first year in which such Special Tax is levied, the levy shall include an amount sufficient to repay to the District all amounts, if any, transferred to the District pursuant to Section 53314 of the Act and interest thereon.
If the Special Tax is levied against any parcel used for private residential purposes, ( i) the maximum Special Tax rate shall be specified as a dollar amount which shall be calculated and established not later than the date on which the parcel is first subject to the Special Tax because of its use for private residential purposes and shall not be increased over time, except as set forth in Attachment " C" hereto, ( ii) such Special Tax shall not be levied after fiscal year 2070- 71 as described in Attachment " C" hereto, and ( iii) under no circumstances will the Special Tax levied in any fiscal year against any such parcel used for private residential uses be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the District by more than ten percent ( 10%) above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults.
The Special Tax is based on the expected demand that each parcel of real property within proposed Community Facilities District No. 2025-2 will place on the Facilities and on the benefit that each parcel derives from the right to access the Facilities. The City Council hereby determines that the proposed Facilities are necessary to meet the increased demand placed upon the City and the existing infrastructure in the City as a result of the development of the land proposed for inclusion in the District. The City Council hereby determines the rate and method of apportionment of the special tax with respect to the Special Tax set forth in Attachment " C" to be reasonable. The Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325. 3 of the Act and such special tax is not on or based upon the value or ownership of real property. In the event that a portion of the property within Community Facilities District No. 2025- 2 shall become 3 388
for any reason exempt, wholly or partially, from the levy of the Special Tax specified on Attachment " C," the City Council shall, on behalf of Community Facilities District No. 2025- 2, cause the levy to be increased, subject to the limitation of the maximum Special Tax for a parcel as set forth in Attachment " C," to the extent necessary upon the remaining property within proposed Community Facilities District No. 2025- 2 which is not exempt in order to yield the Special Tax revenues required for the purposes described in this Section
5. The obligation to pay the Special Tax may be prepaid only as set forth in Section G of Attachment " C" hereto.
SECTION 6. A public hearing ( the " Hearing") on the establishment of the proposed Community Facilities District No. 2025- 2, the proposed rate and method of apportionment of the Special Tax and the proposed issuance of bonds to finance the Facilities and the Incidental Expenses shall be held at 6:00 p.m., or as soon thereafter as practicable, on October 13, 2025, at the City Council Chambers, 23873 Clinton Keith Road, Suite 106, Wildomar, California 92595. Should the City Council determine to form the District, a special election will be held to authorize the issuance of the bonds and the levy of the Special Tax in accordance with the procedures contained in Government Code Section 53326. If held, the proposed voting procedure at the election will be a landowner vote with each landowner who is the owner of record of land within the District at the close of the Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof owned within the proposed District. Ballots for the special election may be distributed by mail or by personal service.
SECTION 7. At the time and place set forth above for the Hearing, the City Council will receive testimony as to whether the proposed Community Facilities District No. 2025- 2 shall be established and as to the method of apportionment of the special tax and shall consider:
a) if an ad valorem property tax is currently being levied on property within proposed Community Facilities District No. 2025- 2 for the exclusive purpose of paying principal of or interest on bonds, lease payments or other indebtedness incurred to finance construction of capital facilities; and
b) if the capital facilities to be financed and constructed by Community Facilities District No. 2025- 2 will provide the same services as were provided by the capital facilities mentioned in subsection ( a); and
c) if the City Council makes the findings specified in subsections ( a) and ( b) above, it will consider appropriate action to determine whether the total annual amount of ad valorem property tax revenue due from parcels within Community Facilities District No. 2025- 2, for purposes of paying principal and interest on the debt identified in subsection a) above, shall not be increased after the date on which Community Facilities District No. 2025- 2 is established, or after a later date determined by the City Council with the concurrence of the legislative body which levied the property tax in question. 4 389
SECTION 8. At the time and place set forth above for the Hearing, any interested person, including all persons owning lands or registered to vote within proposed Community Facilities District No. 2025- 2, may appear and be heard.
SECTION 9. Each City officer who is or will be responsible for providing the Facilities within proposed Community Facilities District No. 2025- 2, if it is established, is hereby directed to study the proposed District and, at or before the time of the above -mentioned Hearing, file a report with the City Council containing a brief description of the public facilities by type which will in his or her opinion be required to meet adequately the needs of Community Facilities District No. 2025- 2 and an estimate of the cost of providing those public facilities, including the cost of environmental evaluations of such facilities and an estimate of the fair and reasonable cost of any Incidental Expenses to be incurred.
SECTION 10. The District may accept advances of funds or work -in -kind from any source, including, but not limited to, private persons or private entities, for any authorized purpose, including, but not limited to, paying any cost incurred in creating Community Facilities District No. 2025- 2. The District may enter into an agreement with the person or entity advancing the funds or work -in -kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work -in -kind, as determined by the City Council, with or without interest.
SECTION 11. The City Clerk is hereby directed to publish a notice ( the " Notice") of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of proposed Community Facilities District No. 2025- 2.
The City Clerk is further directed to mail a copy of the Notice to each of the landowners within the boundaries of the District at least 15 days prior to the Hearing. The Notice shall contain the text or a summary of this Resolution, the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed district and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least seven (7) days prior to the date of the Hearing.
SECTION 12. The reasonably expected maximum principal amount of the bonded indebtedness to be incurred by the District for the Facilities and Incidental Expenses is Seventeen Million Dollars ($ 17, 000, 000).
SECTION 13. The form of the Reimbursement Agreement is hereby approved. The Mayor, the City Manager, the Administrative Services Director or their written designees are hereby authorized and directed to execute and deliver the Reimbursement Agreement in the form on file with the City Clerk with such changes, insertions and omissions as may be approved by the officer or officers executing such agreement, said execution being conclusive evidence of such approval.
SECTION 14. The form of the Water District JCFA is hereby approved. The Mayor, the City Manager, the Administrative Services Director or their written designees are hereby authorized and directed to execute and deliver the Water District JCFA in the form on file 5 390
with the City Clerk with such changes, insertions and omissions as may be approved by the officer or officers executing such agreement, said execution being conclusive evidence of such approval.
SECTION 15. Except to the extent limited in any bond resolution or trust indenture related to the issuance of bonds, the City Council hereby reserves to itself all rights and powers set forth in Section 53344. 1 of the Act ( relating to tenders in full or partial payment).
SECTION 16. This Resolution shall be effective upon its adoption.
PASSED, APPROVED AND ADOPTED this 10thday of September, 2025.
APPROVED AS TO FORM:
Thomas D. J x
City Attorney
n
As DePhillippo
Mayor
ATTEST:
Jan6f Morales, CMC
City Clerk
NCORppQO'
C) ti; f
i 9 9 OF '
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ATTACHMENT A
BOUNDARY MAP
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The property in the District is described as follows:
Real property in the City of Wildomar, County of Riverside, State of California, described as follows:
Riverside County Assessor Parcel Nos.: 376- 510- 002; 376- 510- 003; and 376- 510- 004 A- 2
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ATTACHMENT B
Types of Facilities
to Be Financed by Community
Facilities District No. 2025- 2 (Westpark Promenade) of the City of Wildomar The proposed types of public facilities and expenses to be financed by the District include:
The construction, purchase, modification, expansion, rehabilitation and/ or improvement of ( i) drainage, library, park, police, fire, roadway, traffic, administration and community center facilities, animal shelter facilities, and other public facilities of the City, including the foregoing public facilities which are included in the City' s fee programs with respect to such facilities and authorized to be financed under the Act (the " City Facilities"), ii) water and sewer facilities including the acquisition of capacity in the sewer system and/ or water system of the Elsinore Valley Municipal Water District which are included in Elsinore Valley Municipal Water District's water and sewer capacity and connection fee programs ( the " Water District Facilities"), and ( iii) interim and permanent school facilities of Lake Elsinore Unified School District, including classrooms, multi -purpose facilities, administration and auxiliary space at school facilities, athletic fields, playgrounds and recreational facilities and improvements thereto, landscaping, access roadways, drainage, sidewalks and gutters and utility lines, furniture, equipment and technology, including technology upgrades and mobile devices and infrastructure therefore, with a useful life of at least five ( 5) years at such school facilities ( the " School Facilities" and together, with the City Facilities and the Water Facilities, the " Facilities"), and all appurtenances and appurtenant work in connection with the foregoing Facilities, including the cost of engineering, planning, designing, materials testing, coordination, construction staking, construction management and supervision for such Facilities, and to finance the incidental expenses to be incurred, including:
a. The cost of engineering, planning and designing the Facilities; b. All costs, including costs of the property owner petitioning to form the District, associated with the creation of the District, the issuance of the bonds, the determination of the amount of special taxes to be levied and costs otherwise incurred in order to carry out the authorized purposes of the District; and C. Any other expenses incidental to the construction, acquisition, modification, rehabilitation, completion and inspection of the Facilities.
Capitalized terms used and not defined herein shall have the meaning set forth in the Rate and Method of Apportionment of Special Taxes for the District.
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ATTACHMENT C
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR
COMMUNITY FACILITIES DISTRICT NO. 2025- 2 ( WESTPARK PROMENADE)
OF THE CITY OF WILDOMAR
A Special Tax ( all capitalized terms not otherwise defined herein are defined in Section A, " Definitions", below) shall be applicable to each Assessor' s Parcel of Taxable Property located within the boundaries of the City of Wildomar Community Facilities District No. 2025- 2 (Westpark Promenade) of the City of Wildomar (" CFD No. 2025- 2"). The amount of Special Tax to be levied in each Fiscal Year on an Assessor' s Parcel shall be determined by the City Council of the City of Wildomar, acting in its capacity as the legislative body of CFD No. 2025- 2, by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, and Provisional Undeveloped Property that is not Exempt Property as set forth below. All of the real property, unless exempted by law or by the provisions hereof in Section F, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
Accessory Dwelling Unit" means a residential unit of limited size including a smaller second unit that shares an Assessor' s Parcel as a Single Family Residential Property with a stand- alone Residential Unit.
Acre" or " Acreage" means the land area of an Assessor' s Parcel as shown on an Assessor' s Parcel Map, or if the land area is not shown on an Assessor' s Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded parcel map or instrument. The square footage of an Assessor' s Parcel is equal to the Acreage multiplied by 43, 560.
Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 ( commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2025- 2: the costs of computing the Special Taxes and preparing the Special Tax collection schedules ( whether by the City or designee thereof or both); the costs of collecting the Special Taxes ( whether by the City or otherwise); the costs of remitting Special Taxes to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2025-2 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2025- 2 or any designee thereof of complying with continuing disclosure requirements of the City, CFD No. 2025- 2 and any major property owner associated with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax disclosure statements C- 1
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and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2025- 2 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City' s annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2025- 2 for any other administrative purposes of CFD No. 2025- 2, including attorney' s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
Approved Property" means all Assessor' s Parcels of Taxable Property: ( i) that are included in a Final Map that was recorded prior to the January 1stpreceding the Fiscal Year in which the Special Tax is being levied, ( ii) that have an assigned Assessor' s Parcel Number from the County shown on an Assessor' s Parcel Map for the individual lot included on the Final Map, and ( iii) that have not been issued a building permit on or before May 1stpreceding the Fiscal Year in which the Special Tax is being levied.
Assessor' s Parcel" means a lot or parcel of land designated on an Assessor' s Parcel Map with an assigned Assessor' s Parcel Number.
Assessor' s Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor' s Parcel Number.
Assessor' s Parcel Number" means that number assigned to an Assessor' s Parcel by the County for purposes of identification.
Assigned Special Tax" means the Special Tax of that name described in Section D below.
Backup Special Tax" means the Special Tax of that name described in Section D below.
Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, certificates of participation, long- term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long- term contracts, or any refunding thereof, to which the Special Tax of CFD No. 2025- 2 has been pledged.
Building Permit" means the first legal document issued by the City giving official permission for new construction. For purposes of this definition, " Building Permit" may or may not include expired or cancelled building permits, or any subsequent building permit document( s) authorizing new construction on an Assessor' s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator, provided that following such determination the Maximum Special Tax that may be levied on all Assessor' s Parcels of Taxable Property will be at least 1.1 times annual debt service on all outstanding Bonds plus the estimated annual Administrative Expenses,
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Building Square Footage" or " BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the Building Permit for such Assessor' s Parcel.
Calendar Year" means the period commencing January 1 of any year and ending the following December 31.
CFD" or " CFD No. 2025- 2" means Community Facilities District No. 2025- 2 (Westpark Promenade) of the City of Wildomar established by the City under the Act.
CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement, and providing for the levy and collection of the Special Taxes.
City" means the City of Wildomar, State of California.
City Council" means the City Council of the City of Wildomar, acting as the legislative body of CFD No. 2025- 2.
Condominium Plan" means a condominium plan pursuant to California Civil Code, Section 6624.
County" means the County of Riverside, State of California Developed Property" means all Assessor' s Parcels that: ( i) are included in a Final Map that was recorded prior to the January 1stpreceding the Fiscal Year in which the Special Tax is being levied, and ( ii) for which a Building Permit for new construction was issued on or before May 1stpreceding the Fiscal Year in which the Special Tax is being levied.
Exempt Property" means all Assessor' s Parcels designated as being exempt from Special Taxes as provided for in Section F.
Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act ( California Government Code Section 66410 et seq.) or recordation of a Condominium Plan pursuant to California Civil Code Section 6624 that creates individual lots for which Building Permits may be issued without further subdivision.
Fiscal Year" means the period commencing on July 1stof any year and ending the following June 30tn
Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same.
Land Use Category" means any of the categories listed in Table 1 of Section D.
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Maximum Special Tax" means for each Assessor' s Parcel, the maximum Special Tax, determined in accordance with Section D below, that can be levied by CFD No. 2025- 2 on such Assessor' s Parcel.
Multifamily Property" means all Assessor' s Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the CFD Administrator.
Non -Residential Property" means all Assessor' s Parcels of Developed Property for which a Building Permit( s) was issued for a non- residential use. The CFD Administrator shall make the determination if an Assessor' s Parcel is Non -Residential Property.
Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax obligation for an Assessor' s Parcel, as described in Section G. 2.
Prepayment Amount" means the amount required to prepay the Special Tax obligation in full for an Assessor' s Parcel, as described in Section G. 1.
Proportionately" means for Taxable Property that is ( i) Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special Tax is the same for all Assessor' s Parcels of Developed Property, ( ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor' s Parcels of Approved Property, and ( iii) Undeveloped Property or Provisional Undeveloped Property, that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Assessor' s Parcels of Undeveloped Property or Provisional Undeveloped Property, as applicable.
Provisional Undeveloped Property" means all Assessor' s Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section F, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section F.
Residential Property" means all Assessor' s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more Residential Units.
Residential Unit" or " RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the CFD Administrator. An Accessory Dwelling Unit that shares an Assessor' s Parcel with a Single Family Residential Property shall not be considered a Residential Unit for purposes of this RMA.
RMA" means this Rate and Method of Apportionment of Special Taxes.
Single Family Residential Property" means all Assessor' s Parcels of Residential Property other than Multifamily Property.
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Special Tax" or " Special Taxes" means any of the special taxes authorized to be levied within CFD No. 2025- 2 pursuant to the Act to fund the Special Tax Requirement.
Special Tax Requirement " means the amount required in any Fiscal Year to pay: ( i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, ( ii) Administrative Expenses, ( iii) the costs associated with the release of funds from an escrow account, ( iv) any amount required to replenish any reserve funds established in association with the Bonds ( provided that the same amount was not previously levied), ( v) an amount up to any anticipated shortfall based on the prior year' s delinquency rate) due to Special Tax delinquencies and (vi) for the collection or accumulation of funds for the acquisition or construction of facilities authorized by CFD No. 2025- 2 or the payment of debt service on Bonds anticipated to be issued, provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on Approved Property or Undeveloped Property as set forth in Steps Two or Three of Section E., less ( vii) any amounts available to pay debt service or other periodic costs on the Bonds pursuant to the Indenture.
Taxable Property" means all Assessor' s Parcels within CFD No. 2025- 2, which are not Exempt Property.
Taxable Unit" means either a Residential Unit or an Acre Trustee" means the trustee, fiscal agent, or paying agent under the Indenture.
Undeveloped Property" means all Assessor' s Parcels of Taxable Property which are not Developed Property, Approved Property, or Provisional Undeveloped Property.
B. SPECIAL TAX
Commencing Fiscal Year 2025- 2026 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property, up to the applicable Maximum Special Tax, to fund the Special Tax Requirement.
C. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX
Each Fiscal Year, beginning with Fiscal Year 2025- 2026, each Assessor' s Parcel within CFD No. 2025- 2 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor' s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property.
Assessor' s Parcels of Developed Property shall further be classified as Residential Property or Non -Residential Property. Each Assessor' s Parcel of Residential Property shall further be classified as a Single Family Residential Property or Multifamily Property.
Each Assessor' s Parcel of Single Family Residential Property shall be further assigned to a Land Use Category based on its Building Square Footage.
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In the event that there are Assessor' s Parcel( s) for which one or more Building Permits for Residential Units have been issued and the County has not yet assigned final Assessor' s Parcel Number( s) to such Assessor' s Parcel( s) ( in accordance with the Final Map or Condominium Plan), the amount of the Special Tax levy on such Assessor' s Parcel for each Fiscal Year shall be determined as follows: ( 1) the CFD Administrator shall first determine an amount of the Maximum Special Tax for such Assessor' s Parcel, based on the classification of such Assessor' s Parcel as Undeveloped Property; ( 2) the amount of the Special Tax for the Residential Units on such Assessor' s Parcel for which Building Permits have been issued shall be determined based on the Developed Property Special Tax rates and such amount shall be levied as Developed Property in accordance with Step 1 of Section E below; and ( 3) the amount of the Special Tax on the Taxable Property in such Assessor' s Parcel not subject to the Special Tax levy in clause ( 2) shall be equal to: ( A) the percentage of the Maximum Special Tax rate levied on Undeveloped Property pursuant to Step 3 of Section E below, multiplied by the total of the amount determined in clause ( 1), less ( B) the amount determined in clause ( 2).
D. MAXIMUM SPECIAL TAX
1. Developed Property
The Maximum Special Tax for each Assessor' s Parcel of Single Family Residential Property in any Fiscal Year shall be the greater of (i) the Assigned Special Tax for such Assessor' s Parcel or ( ii) the Backup Special Tax.
The Maximum Special Tax for each Assessor' s Parcel of Multifamily Property and Non - Residential Property shall be the applicable Assigned Special Tax described in Table 1 of Section D.
a. Assigned Special Tax
Each Fiscal Year, each Assessor' s Parcel of Single Family Residential Property, Multifamily Property or Non -Residential Property shall be subject to an Assigned Special Tax. The Assigned Special Tax for Fiscal Year 2025- 2026 applicable to an Assessor' s Parcel of Developed Property shall be determined pursuant to Table 1 below.
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TABLE 1
ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY
FISCAL YEAR 2025- 2026
Land Use Category
Taxabl
e Unit
Building Square
Footage
Assigned
Special Tax
Per Taxable
Unit
1. Single Family Residential Property RU Less than 1, 200 s . ft 3, 550. 00
2. Single Family Residential Property RU 1, 200 s . ft to 1, 300 s ft 3, 755. 00
3. Single Family Residential Property RU 1, 301 s . ftto 1, 400 s ft 3, 840. 00
4. Single Family Residential Property RU 1, 401 s . ft to 1, 500 s ft 3, 890. 00
5. Single Family Residential Property RU 1, 501 s . ft to 1, 600 s ft 4, 242. 50
6. Single Family Residential Property RU Greater than 1, 600 s ft 4, 595. 00
7. Multifamily Property Acre N/ A 236, 174. 00
8. Non -Residential Property Acre N/ A 236, 174. 00
On each July 1, commencing July 1, 2026, the Assigned Special Tax rate for Developed Property shall be increased by two percent ( 2.00%) of the amount in effect in the prior Fiscal Year.
b. Multiple Land Use Categories
In some instances an Assessor' s Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax levied on an Assessor' s Parcel shall be the sum of the Maximum Special Tax for each Taxable Unit for all Land Use Categories located on the Assessor' s Parcel. The CFD Administrator' s allocation to each type of property shall be final.
c. Backup Special Tax
The Backup Special Tax for an Assessor' s Parcel within a Final Map classified as Single Family Residential Property shall be $4,217 per Residential Unit.
Notwithstanding the foregoing, if all or any portion of the applicable Final Maps and/ or condominium plan contained within the boundaries of CFD No. 2025- 2 is subsequently changed or modified, then the Backup Special Tax for Single Family Residential Property or Approved Property in such Final Map or condominium plan area that is changed or modified shall be recalculated as follows:
1. Determine the total Backup Special Taxes anticipated to apply to the changed or modified Final Map or condominium plan area prior to the change or modification.
2. The result of paragraph 1 above shall be divided by the total number of Residential Units constructed and/ or anticipated to be constructed within such changed or modified Final Map or condominium plan area, as reasonably determined by the CFD Administrator.
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The result of paragraph 2 is the Backup Special Tax per Residential Unit which shall be applicable to Assessor' s Parcels of Single Family Residential Property or Approved Property in such changed or modified Final Map or condominium plan area contained within the boundaries of CFD No. 2025- 2.
Notwithstanding the foregoing, the Backup Special Tax for an Assessor' s Parcel of Developed Property for which a certificate of occupancy has been granted may not be revised.
On each July 1, commencing July 1, 2026, the Backup Special Tax rate shall be increased by two percent ( 2.00%) of the amount in effect in the prior Fiscal Year.
2. Approved Property
The Maximum Special Tax for each Assessor' s Parcel of Approved Property expected to be classified as Single Family Residential Property shall be the Backup Special Tax computed pursuant to Section D.1.c above.
The Maximum Special Tax for each Assessor' s Parcel of Approved Property not expected to be classified as Single Family Residential Property shall be $ 236, 174 per Acre.
On each July 1, commencing July 1, 2026, the Maximum Special Tax rate for Approved Property shall be increased by two percent ( 2.00%) of the amount in effect in the prior Fiscal Year.
3. Undeveloped Property and Provisional Undeveloped Proper The Maximum Special Tax for each Assessor' s Parcel of Undeveloped Property and Provisional Undeveloped Property shall be $ 236, 174 per Acre.
On each July 1, commencing July 1, 2026, the Maximum Special Tax rate for Undeveloped Property and Provisional Undeveloped Property shall be increased by two percent ( 2.00%) of the amount in effect in the prior Fiscal Year.
E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing Fiscal Year 2025- 2026 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property in accordance with the following steps:
Step One: ( i) Prior to the first issuance of Bonds, the Special Tax shall be levied at 100% of the applicable Assigned Special Tax rates on Developed Property and ( ii) subsequent to the first issuance of Bonds, the Special Tax shall be levied Proportionately on each Assessor' s Parcel of Developed C- 8
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Property at up to 100% of the applicable Assigned Special Tax rates in Table 1 to satisfy the Special Tax Requirement.
Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the Maximum Special Tax applicable to each such Assessor' s Parcel as needed to satisfy the Special Tax Requirement.
Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor' s Parcel as needed to satisfy the Special Tax Requirement.
Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax levy on each Assessor' s Parcel of Developed Property for which the Maximum Special Tax is the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to 100% of the Backup Special Tax as needed to satisfy the Special Tax Requirement.
Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Assessor' s Parcel of Provisional Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement.
Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Assessor' s Parcel of Residential Property as a result of a delinquency in the payment of the Special Tax applicable to any other Assessor' s Parcel be increased by more than ten percent ( 10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.
F. EXEMPTIONS
The City shall classify as Exempt Property, in the chronological order in which they become exempt, ( i) Assessor' s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, ( ii) Assessor' s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, ( iii) Assessor' s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, ( iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, ( v) Assessor' s Parcels which are privately owned and are encumbered by or restricted solely for public uses, ( vi) Assessor' s Parcels which are classified as Non -Residential Property or ( vii) C- 9
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Assessor's Parcels restrictedto other types of public uses determined by the City Council, provided that no such classification would reduce the sum of all Taxable Property to less than 3. 41 Acres.
Notwithstanding the above, the City Council shall not classify an Assessor' s Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than 3.41 Acres. Assessor' s Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than
3.41 Acres will be classified as Provisional Undeveloped Property, and will be subject to Special Tax pursuant to Step Five in Section E.
G. PREPAYMENT OF SPECIAL TAX
The following additional definitions apply to this Section G:
CFD Facilities" means $ 11,500, 000 expressed in 2025 dollars, which shall increase by the Construction Inflation Index on July 1, 2026, and on each July 1 thereafter, or such lower amount ( i) determined by the City Council as sufficient to provide the facilities under the authorized bonding program for CFD No. 2025- 2, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to finance additional facilities to be supported by Special Tax levied under this RMA.
Construction Fund" means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are available for expenditure to acquire or construct facilities eligible to be financed by CFD No. 2025- 2.
Construction Inflation Index" means the greater of ( i) 2% and ( ii) the annual percentage change in the Engineering News -Record Building Cost Index for the city of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year.
In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News -Record Building Cost Index for the City of Los Angeles.
Future Facilities Costs" means the CFD Facilities minus ( i) amounts deposited in the Construction Fund, ( ii) amounts deposited in any escrow accounts funded by the Outstanding Bonds and anticipated to fund public facilities costs, and ( iii) public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment, but in no event shall such amount be less than zero.
Outstanding Bonds" means all previously issued Bonds issued and secured by the levy of Special Tax which will remain outstanding after the first interest and/ or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Tax.
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1. Prepayment in Full
The Special Tax obligation may be prepaid and permanently satisfied for (i) Assessor's Parcels of Developed Property, ( ii) Assessor' s Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, ( iii) Assessor' s Parcels of Approved Property or Undeveloped Property for which a Building Permit has not been issued and (iv) Assessor's Parcels of Provisional Undeveloped Property. The Special Tax obligation applicable to an Assessor's Parcel may be fully prepaid and the obligation to pay the Special Tax for such Assessor's Parcel permanently satisfied as described herein; provided that a prepayment may be made only ifthere are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax obligation for such Assessor' s Parcel shall provide the CFD Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non- refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the Assessor' s Parcel. Within 15 days of receipt of such non- refundable deposit, the CFD Administrator shall notify such owner of the Prepayment Amount for the Assessor's Parcel. Prepayment must be made not less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes.
The Prepayment Amount shall be calculated as follows ( some capitalized terms are defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Equals: Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:
Confirm that no Special Tax delinquencies apply to such Assessor' s Parcel.
2. For an Assessor' s Parcel of Developed Property, compute the Maximum Special Tax for the Assessor's Parcel. For an Assessor's Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax for the Assessor' s Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Assessor' s Parcel. For an Assessor' s Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, or Provisional Undeveloped Property, compute the Maximum Special Tax for the Assessor' s Parcel.
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3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Maximum Special Taxes that could be levied assuming build out of all Assessor' s Parcels of Taxable Property based on the applicable Maximum Special Tax for Assessor's Parcels of Developed Property not including any Assessor's Parcels for which the Special Tax obligation has been previously prepaid.
4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount ( the " Bond Redemption Amount").
5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed ( the " Redemption Premium").
6. Determine the Future Facilities Costs.
7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Assessor' s Parcel ( the " Future Facilities Amount").
8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds on which Bonds can be redeemed from Special Tax prepayments.
9. Determine the Special Taxes levied on the Assessor' s Parcel in the current Fiscal Year which have not yet been paid.
10. Determine the amount the CFD Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount.
11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the " Defeasance Amount").
12. Verify the administrative fees and expenses of the CFD, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Special Tax obligation for the Assessor' s Parcel and the redemption of Outstanding Bonds ( the "Administrative Fees and Expenses").
13. The reserve fund credit ( the " Reserve Fund Credit") shall equal the lesser of: ( a) the expected reduction in the reserve requirement ( as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or ( b) the amount derived by subtracting the new reserve requirement ( as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero.
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14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit.
15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD.
The Prepayment Amount may be sufficient to redeem other than a $ 5, 000 increment of Bonds. In such event, the increment above $ 5, 000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax prepayments of Outstanding Bonds or to make debt service payments.
As a result of the payment of the current Fiscal Year's Special Tax levy as determined pursuant to paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for the Assessor's Parcel from the County tax roll. With respect to any Assessor's Parcel for which the Special Tax obligation is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Tax obligation and the release of the Special Tax lien for the Assessor' s Parcel, and the obligation to pay the Special Tax for such Assessor' s Parcel shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Tax that may be levied on all Assessor's Parcels of Taxable Property after the proposed prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses.
Tenders of Bonds in prepayment of the Special Tax obligation may be accepted upon the terms and conditions established by the City Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case -by -case basis as specifically approved by the City Council.
2. Prepayment in Part
The Special Tax obligation for an Assessor's Parcel of Developed Property, Approved Property, Undeveloped Property, or Provisional Undeveloped Property may be partially prepaid. For purposes of determining the Partial Prepayment Amount, the provisions of Section G.1 shall be modified as provided by the following formula:
PP = (( PE— A) x F) + A
These terms have the following meaning:
PP = Partial Prepayment Amount
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PE = the Prepayment Amount calculated according to Section G.1 F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the Special Tax obligation
A = the Administrative Fees and Expenses determined pursuant to Section G. 1
The owner of an Assessor's Parcel who desires to partially prepay the Special Tax obligation for the Assessor's Parcel shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Special Tax obligation, ( ii) the percentage of the Special Tax obligation such owner wishes to prepay, and (iii) the company or agencythat will be acting as the escrow agent, if any. Within 5 days of receipt of such notice, the CFD Administrator shall notify such property owner of the amount of the non- refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Partial Prepayment Amount.
Within 15 business days of receipt of such non- refundable deposit, the CFD Administrator shall notify such owner of the amount of the Partial Prepayment Amount for the Assessor' s Parcel. A Partial Prepayment Amount must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemedwith the proceeds of the Partial Prepayment Amount.
With respect to any Assessor's Parcel for which the Special Tax obligation is partially prepaid, the CFD Administrator shall ( i) distribute the Partial Prepayment Amount as provided in Paragraph 15 of Section G. 1, and ( ii) indicate in the records of the CFD that there has been a partial prepayment for the Assessor's Parcel and that a portion of the Special Tax obligation equal to the remaining percentage ( 1. 00 - F) of the applicable Special Tax will continue to be levied on the Assessor's Parcel pursuant to Section E.
H. TERMINATION OF SPECIAL TAX
For each Fiscal Year that any Bonds are outstanding the Special Tax shall be levied on all Assessor's Parcels subject to the Special Tax pursuant to Section E. The Special Tax shall cease not later than the 2070- 2071 Fiscal Year, however, Special Taxes will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined ( i) that all the required interest and principal payments on the CFD No. 2025- 2 Bonds have been paid; ( ii) all authorized facilities of CFD No. 2025- 2 have been acquired and all reimbursements to the developer have been paid, ( iii) no delinquent Special Taxes remain uncollected and ( iv) all other obligations of CFD No. 2025- 2 have been satisfied.
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2025-2 may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act.
J. APPEALS OF SPECIAL TAXES
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Any taxpayer may file a written appeal of the Special Taxes levied on his/ her Assessor' s Parcel(s) with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made.
The appeal must specify the reasons why the appellant claims the Special Tax is in error.
The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant' s Assessor' s Parcel( s). No refunds of previously paid Special Taxes shall be made unless approved by the CFD Administrator.
The CFD Administrator shall interpret this RMA and make determinations relative to the annual levy and administration of the Special Taxes and any taxpayer who appeals, as herein specified.
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE)
CITY OF WILDOMAR )
I, Janet Morales, City Clerk of the City of Wildomar, California, do hereby certify that the foregoing Resolution No. 2025 — 47 was duly adopted at a regular meeting held on September 10, 2025, by the City Council of the City of Wildomar, California, by the following vote:
AYES: Moore, Morabito, Nigg, Mayor Pro Tern Marquez, Mayor DePhillippo NOES: None
ABSTAIN: None
ABSENT: None
Ja t Morales, CMC
City Clerk OFWko o
City of Wildomar `.` v ppr0''%
I — Juy1, 200e
410
411
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COMMUNITY FACILITIES DISTRICT NO. 2025-2 OF THE
(WESTPARK PROMENADE) CITY OF WILDOMAR
FUNDING AGREEMENT
THIS AGREEMENT dated October 13, 2025, is made and entered into by and between CITY OF WILDOMAR (the “ City”), acting for and on behalf of itself and COMMUNITY FACILITIES DISTRICT NO. 2025-2 (WESTPARK PROMENADE ) OF THE CITY OF WILDOMAR (the “Community Facilities District” or “CFD”), and CRP/CWR WESTPARK PROJECT, L.L.C., a Delaware limited liability company (the “Developer”), each individually a “Party” and collectively the “Parties.”
WHEREAS, the City has formed the CFD pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982 , as amended (the “Act”), authorized special taxes and issuance of bonded indebtedness to finance certain public improvements to be owned, operated or maintained by the City , the Elsinore Valley Municipal Water District and the Lake Elsinore Unified School District and Incidental Expenses in accordance with the Act; and WHEREAS, in order to proceed in a ti mely way with development of the property within the Community Facilities District which is attached as Exhibit “A” (the “Developer Property”), Developer desires to fund through the Community Facilities District (i) improvements included in the City’s fee programs (the “ City Improvements”), as more particularly set forth and described in the Description of Cost Estimates attached hereto as Exhibit “B” and (ii) if applicable, any improvements unrelated to the City Improvements described and governed by the terms contained in Exhibit “D” hereto (the “Miscellaneous Improvements”) (collectively the “Improvements”); and
WHEREAS, the City is authorized by the Act to form the CFD and to issue bonds to fund the Improvements; and
WHEREAS, the City Council has adopted its “ Local Goal and Policies and Appraisal Standards for the Use of Community Facilities Act of 1982,” which sets forth the City’s policies and pro cedures concerning the use of special district financing programs to finance City facilities (the “Policy”); and
WHEREAS, the purpose of this Agreement is to constitute a formal understanding between Developer and the City (pursuant to the requirements of Government Code Section 53313.51 and other provisions of the Act and the Policy) concerning financial and other obligations and responsibilities related to the Improvements to be financed by th e Community Facilities District to the extent funds are available, and to set forth the conditions upon which (1) the Community Facilities District will fund the City Improvements and ( 2) the Community Facilities District will also fund any Miscellaneous Improvements, if applicable, described in Exhibit “D.”
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NOW, THEREFORE, it is mutually agreed between the respective parties as follows:
SECTION 1. DEVELOPER DEPOSIT
At Developer’s request, the City undertook the formation of the Community Facilities District. The Developer has advanced to the City $75,000 related to the costs of such formation proceedings, all of which shall be eligible for reimbursement from the CFD. Such advances, any additional advances and the reimbursement thereof from proceeds of bonds (the “Bonds”) issued by the Community Facilities District shall be governed by the Reimbursement Agreement dated as of September 10, 2025, by and between the City and the Developer.
SECTION 2. SALE OF BONDS
2.1 City Policy and Requirements for the Issuance of Bonds . The total annual amount of the special taxes to be collected with respect to a parcel within the CFD and all other taxes and assessments which will be collected with respect to such parcel must not exceed two percent (2%) of the expected assessed value of s uch parcel within the Community Facilities District upon the completion of all expected structural improvements to such parcel . Such assessed value may be based on the actual sales price of such parcel to the initial purchaser.
The parties hereby agre e that, unless waived by the City, at the time of issuance of the Bonds, the following requirements shall be met: (1) the ratio of the value of all parcels of property for which the Bonds are being issued to the amount of outstanding community facilities district or assessment district bonds attributable to such parcels (the “Value -to-Lien Ratio”) may not be less than four-to-one (4:1) and (2) at least 50% of the proposed residential units within the Community Facilities District shall have been completed a nd conveyed to individual homeowners. The fair market value of the property within the Community Facilities District for purposes of determining the foregoing ratio will be determined based on the assessed value of the property or the appraised value of t he property based on the appraisal made by an appraiser selected by the City with a valuation date within ninety (90) days of the issuance of the Bonds. Subject to satisfaction of the Policy and the requirements of this Agreement, the City shall use its b est efforts to issue and sell the Bonds in one or more series in an amount sufficient to fund the Improvements in accordance with the schedule for development of the Developer Property.
2.2 Security for Payment of Special Taxes.
(a) Concurrently with the issuanc e and sale of each series of the Bonds, the owner of any land within the Community Facilities District which the City has determined, in its sole discretion, to use in the sizing of such series of Bonds (the “Sizing Property”), together with any Sizing Property owned by any affiliate (collectively, an “Account Party”), for which the Maximum Special Taxes for the then -current fiscal year (as defined in the Rate and Method of Apportionment of Special Tax for the CFD ( the “Rate and Method”) and such Special Tax referred to herein as the “Special Tax” or “Special Taxes”), are equal to or exceed 20% of the aggregate Maximum Special Taxes authorized to be levied on the Sizing Property in such fiscal year, shall deliver to the City either (i) a renewable irrevoc able instrument of credit from a financial institution (rated “A” or better, or otherwise approved by the City) and approved by the City, or (ii) cash in -lieu thereof (a “Security”). The Security shall be in an amount calculated by multiplying the Special Tax Requirement (as defined in the Rate and Method) for the then current and following fiscal year, by the percentage of the Maximum Special Taxes for the current fiscal year allocable to the Developer Property owned by the Account Party (the “Stated 413
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Amount). The Security shall be maintained by the Account Party in each fiscal year until terminated in accordance with Section 2.2(c) below . While the Security is still required, the Stated Amount of such Security shall be reduced as set forth in a “Certific ate of Reduction or Termination (as defined in Section 2.2(c) below).
The Security shall name the City, or its designee, as a beneficiary and shall provide that the City, or its designee, may draw an amount equal to any delinquencies in payment of semiannual installments of the Special Taxes levied on property owned by the Account Party in the Community Facilities District. The total amount to be drawn under the Security shall not exceed an amount equal to the Special Taxes owed by the Account Party with r espect to property within the Community Facilities District that is delinquent at the time the draw is made.
The amount drawn on the Security shall be applied in the same manner and for the same purposes as the delinquent Special Taxes would have been app lied; provided, however the payment of a draw under the Security will not be deemed to cure the delinquency in payment of the Special Taxes.
If, subsequent to a draw on the Security and prior to the satisfaction of any reimbursements due to the institution providing the Security (the “Security Provider”) pursuant to this Agreement, the City receives payment of all or a portion of the delinquent Special Taxes or the proceeds of a sale of delinquent real property pursuant to foreclosure proceedings (“Delinquency Proceeds”) for a parcel for which the Security has been drawn, the Security Provider shall be reimbursed for such draws to the extent of Delinquency Proceeds net of the City’s costs of collection, provided that the Security is or has been concurrently reinstated to, or a Substitute Security (as defined below) provided for, the then applicable Stated Amount. The Security Provider is intended by the Parties to be a third party beneficiary of this Section 2.2. (b) The Security shall be renewed, or a substitute Security reasonably satisfactory to the City (a “Substitute Security”) provided, not less than thirty (30) calendar days prior to the expiration of the Security or Substitute Security then in effect. If the Account Party provides a Substitute Security to the City, then the City or its designee, shall return any existing Security on the effective date of the Substitute Security to the Security Provider.
If the Security is not renewed within thirty (30) days prior to its expiration date and the requirements for release or termination of the Security as set forth in Section 2.2( c) below have not then been met, the full amount of the Security may be drawn by the City and deposited in an account established under the Indenture (as hereinafter defined) or in su ch account established with a financial institution selected by the City. Thereafter, amounts in such account shall be held as security, and if Special Taxes owed by the Account Party with respect to property within the Community Facilities District are n ot paid prior to delinquency, then such amounts in such account may be applied by the City to pay the delinquent Special Taxes owed by the Account Party with respect to such property on the same terms and conditions applicable hereunder to draws on the Security.
At such time as the Security is renewed, or a Substitute Security is accepted by the City, or the requirement for the Security has been terminated pursuant to this section, the City or its designee, shall release all amounts in the Security account to the Security Provider within ten (10) calendar days from the date of renewal or acceptance. (c) Following the sale or transfer by the Account Party of any property to a person other than the Account Party, or upon the prepayment of the Special Tax obligatio n for a parcel owned by the Account Party, the Account Party shall notify the Community Facilities District of 414
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such event, in writing, and, if requested by the Account Party, the Stated Amount of the Security shall be reduced and be recalculated in accorda nce with this Section 2.2; provided, however, that any costs associated with the recalculation and reduction shall be borne by the Account Party. Subject to Section 2.2(d) below, the Stated Amount may be reduced to an amount determined by the method of calculation set forth in Section 2.2(a) hereof. The Security shall be terminated upon the earlier of (i) when the Sizing Property owned by the Account Party is responsible for less than 20% of the Maximum Special Taxes applicable to all of the Sizing Property or (ii) when the Account Party has paid (or cause to be paid) all Special Taxes owed by the Account Party in the current fiscal year and the Sizing Property owned by the Account Party is expected to be responsible for less than 20% of the Maximum Special Taxes in the next fiscal year.
Reduction or termination of a Security shall occur automatically upon submission to the Security Provider by the City of a “Certificate of Reduction or Termination.” The City shall deliver to the Security Provider, such Ce rtificate of Reduction or Termination promptly upon receiving from the Account Party a certification which shall be made under penalty of perjury and which shall indicate (i) the legal description of all Sizing Property owned by the Account Party, and either (ii) a recalculation of the new Stated Amount that the Account Party proposes be applicable to the Security or (iii) if termination of the Security is requested, a statement that one of the requirements set forth in the preceding paragraph for terminati on of the Security has been satisfied.
The Account Party shall notify the City of any events that will result in a reduction of the Stated Amount of the Security and shall provide the City with verification of said events. The Account Party may provide th e City with a Substitute Security in the reduced amount, and the City shall release and return to the Security Provider the Security then in effect. The Parties expressly acknowledge that the Account Party’s failure to so notify the City or to reduce the Security at the times prescribed herein shall in no way effect or invalidate sale or transfer of property, or recordation of maps on property.
(d) If any Sizing Property is sold or transferred by an Account Party with the result that the Sizing Property owned by the transferee together with any of its affiliates (“Transferee”) is responsible for 20% or more of the aggregate Maximum Special Taxes of all Sizing Property, a Security on the same terms specified in Section 2.2(a) above will be furnished by Transfere e with respect to all Sizing Property owned by such Transferee. Any applicable purchase and sale agreement and/or escrow instructions shall notify the Transferee of this Security requirement and obligate the Transferee to provide such Security, if applica ble. The Security of the Account Party will not be reduced to reflect the sale or transfer of such Sizing Property until a Security is furnished by the Transferee and accepted by the fiscal agent or trustee for the Bonds. The issuing financial institutio n and the form and terms of said Security will be subject to reasonable prior approval by the City. All terms provided in this Section 2.2 are applicable to the Transferee by replacing the term “Account Party” at each place where it occurs in each section with the term “Transferee.” Each provider of a Security for a Transferee shall be an express third party beneficiary of the provisions of this Section 2.2. Any costs related to the holding or maintaining the Security, including any fees of a fiscal agen t, trustee or other depository shall be borne by the Account Party.
2.3 Major Landowner Initial and Continuing Disclosure . An owner of land which is responsible for twenty percent (20%) or more of the Special Tax levy attributable to the Sizing Property in the fiscal year in which the Bonds are issued or in the fiscal year following the fiscal year in which the Bonds are issued (a “Major Landowner”) will be required to provide all 415
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information regarding the development of its property, including the financ ing plan for such development, which is necessary to ensure that the official statement for such Bonds complies with the requirements of Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”) and all other applicable federal and state securities laws. Additionally, Developer acknowledges that, if it is a Major Landowner at the time of issuance of the Bonds, it will be necessary that Developer enter into a continuing disclosure agreement to provide such continuing disclosure pertaining to the d evelopment of the land owned by Developer within the Community Facilities District as necessary to assist the underwriter in complying with the continuing disclosure requirements of the Rule and/or to assist in the marketing of the Bonds.
2.4 Bond Issuance Parameters. The terms and conditions upon which each series of the Bonds shall be issued and sold, the method of sale of the Bonds and the pricing of the Bonds shall be determined solely by the City in its reasonable discretion in conformance with the requir ements of Government Code Section 53313.5, the Act, the Policy , and this Agreement. The Bonds shall be issued with a term not to exceed 35 years and annual debt service on the Bonds shall be permitted to escalate by two percent (2%) per year consistent with the annual escalation of the Special Tax pursuant to the Rate and Method . The proceeds of the Bonds shall be used in the following priority to (1) fund a reserve fund for the payment of principal and interest with respect to the Bonds in an amount equal to the least of (i) ten percent (10%) of the total bond issue, (ii) maximum annual debt service on Bonds, or (iii) 125% of average annual debt service; (2) fund up to eighteen (18) months of capitalized interest, or such lesser amount requested by the Developer; (3) pay for costs of issuance of the Bonds including, without limitation, underwriter’s discount, bond counsel and disclosure counsel fees, appraisal and special tax consultant fees, printing, and fiscal agent fees; (4) pay for the costs of formin g the Community Facilities District and any change proceedings for the Community Facilities District; and (5) pay for the actual costs of the Improvements. The Community Facilities District shall maintain records relating to the disbursements of proceeds of the sale of the Bonds. The Indenture or Resolution (hereinafter “Indenture”) for the Bonds shall establish an acquisition and construction fund or improvement fund (herein, the “Improvement Fund”) into which shall be deposited initially the proceeds of the Bonds net of the amount of proceeds required to fund items (1) through (4) in the second preceding sentence. The Indenture shall also establish separate accounts of the Improvement Fund designated the “ City Improvements Account”, and any Miscellaneous Improvement Accounts with respect to funds for the facilities described in Exhibit “D” if applicable, into which shall be deposited such portions of the Improvement Fund as directed by the City pursuant to consultation with the Developer and in writing at or subsequent to the closing of the sale of the Bonds consistent with the following priorities:
(a) An amount sufficient to fund the reasonable, current estimated cost of the City Improvements anticipated to be funded out of the Bonds being issued shall be deposited in the City Improvements Account;
(b) If applicable, an amount sufficient to fund the reasonable, current estimated cost of any Miscellaneous Improvements anticipated to be funded out of the Bonds being issued shall be deposited in th e applicable Miscellaneous Account(s), if any, described in Exhibit “D” hereto; provided, that if there are not sufficient funds to pay for all of the Miscellaneous Improvements, the Developer shall direct the City as to the amounts to be deposited for each of the Miscellaneous Improvements.
The Indenture shall provide that amounts remaining in the Improvement Fund after funding all proposed Improvements, or sooner, as specified by the City in order to comply with federal tax law and after consultation with the Developer, shall be deposited in the special tax 416
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fund or bond service fund and be applied to pay debt service on the Bonds and/or to call Bonds in advance of maturity.
SECTION 3. ALLOCATION OF SPECIAL TAXES
Prior to the issuance of Bonds, the City Council of the City, acting as the legislative body of the Community Facilities District, shall levy Special Taxes at the assigned special tax rate on all parcels classified as Developed Property pursuant to the Rate and Method. Such Special Taxes collected by the City shall first be applied to fund annual administrative expenses of the Community Facilities District and then to fund Improvements in the same manner as the proceeds of Bonds as set forth in Section 5 and Section 6 below , provided, however, that the use of the Special Taxes to fund any Miscellaneous Improvements under Section 6 below shall be at the City’s sole discretion. Prior to the issuance of Bonds, such Special Taxes collected by the City each fiscal year in excess of that required to fund annual administrative expenses of the Community Facilities District shall be deposited in a special fund of the City, which shall also be referred to as the City Improvements Account. Upon the issuance of the Bonds, such City Improvements Account shall be clos ed and all funds then remaining in it shall be transferred to the City Improvements Account of the Improvement Fund that is established with the issuance of the Bonds prior to the deposit of Bond proceeds.
Upon sale and delivery of the Bonds, the City sh all annually levy the Special Tax as provided for in documents pursuant to which the Bonds were issued. Following the issuance of the Bonds, the City shall have no obligation to levy Special Taxes to reimburse the Developer for the costs of any Improvemen ts not paid for from Bond proceeds or out of the Improvement Fund. The entire amount of any Special Tax levied by the Community Facilities District to repay the Bonds and recover costs and expenses allowable pursuant to Government Code Section 53313.5, shall be allocated to the Community Facilities District.
SECTION 4. NOTICE OF SPECIAL TAX
Developer, or Developer’s s uccessors or assigns, shall provide written notice to all potential purchasers of lots advising of the special tax obligation applicable to the Developer Property in the form required by Section 53341.5 of the Government Code.
SECTION 5. CITY IMPROVEMENTS
The Developer may be required pursuant to the conditions of development or the City’s development impact fee ordinance to pay certain City fees (the “City Fees”) relating to the Improvements prior to the availability of proceeds of the Special Taxes or Bonds to pay for such Improvements. In the event such City Fees are paid prior to the availability of Special Taxes or Bond proceeds, the amounts paid to the City shall be deemed to be deposits (each a “Deposit”) that are subject to refund by the City to the Develope r in accordance with this Agreement. The City shall place each Deposit in a capital facilities account(s) . If the Developer has made any Deposits to the City, then following deposit of Special Taxes or Bond proceeds in the City Improvements Account, the City shall return to the Developer, from the capital account in which the Deposits were deposited an equal amount of the Deposits not previously returned, without interest or other earnings thereon. The City shall be so obligated to return such Deposits only to the extent that an equivalent amount of the Deposits to be returned is deposited in the City Improvements Account from Bond proceeds. At the time of issuance of the Bonds, Developer shall be deemed to have satisfied the City Fees for a remaining number of dwelling units, if any, within the Community Facilities District equal to (i) the amount deposited in the City 417
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Improvements Account in excess of the amount of the Deposits divided by (ii) the amount of City Fees per dwelling unit.
Bond proceeds use d to finance Improvements which relate to the City Fees shall be allocated first for return of all Deposits prior to being allocated to the payment of City Fees not previously deposited by the Developer. Any Deposits that have not been returned to the Developer at the time it is determined that there will be no further Bond proceeds available (i.e. when the final series of Bonds to finance the Improvements have been issued) shall be retained by the City and may be used for the purposes for which the City F ee was required, and the unrefunded Deposits shall constitute full and final payment for such City Fees, without any increase of any kind.
Any City Fees paid (as Deposits) by the Developer shall be made with the understanding that such Deposits will be ret urned to the Developer if, and when, Special Taxes and Bond proceeds have been deposited to the City Improvements Account. The City shall expend any amounts disbursed to it from the City Improvements Account on capital facilities. The payment of Deposits prior to the availability of the Special Taxes and Bond proceeds in the City Improvements Account shall not be construed as a dedication or gift of the City Fees, or a waiver of the return of the Deposits, it being the intention t hat the City Fees be paid by Special Taxes and Bond proceeds to the extent of such Bond proceeds.
SECTION 6. MISCELLANEOUS IMPROVEMENTS.
Improvements unrelated to the City Improvements, if applicable, will be supplemented by the terms contained in an addendum which w ill appear as Exhibit “D” hereto. The amounts deposited in the applicable Miscellaneous Improvement Account(s), if any, will be disbursed for the acquisition or construction of Miscellaneous Improvements in accordance with the provisions in the applicable Joint Community Facilities Agreement (s), if any. Any amounts in the applicable Miscellaneous Improvement Account(s) shall be disbursed at the written direction of the City upon Developer’s submittal of an addendum as the applicable entity’s Certificate and the Disbursement Request Form provided for in the Joint Community Facilities Agreement (s).
Upon receipt of the Disbursement Request Form, the City shall submit a written requisition for payment of the requested amount to trustee for the Bonds pay the a mount requested to the applicable entity.
SECTION 7. INDEPENDENT CONTRACTOR
In performing this Agreement, Developer is an independent contractor and not the agent of the City. The City shall not have any responsibility for payment to any contractor or supplier of Developer. It is not intended by the parties that this Agreement create a partnership or joint venture among them and this Agreement shall not otherwise be construed.
SECTION 8. INDEMNIFICATION
Developer shall assume the defense of, indemnify and hold harmless, the City, its officers, employees and agents, and the Community Facilities District, its officers, employees and agents, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subject or put, by rea son of, or resulting from the Developer’s performance of its obligations under this Agreement, the issuance of the Bonds, the construction of the Improvements , the failure of the Developer to provide notice of the special tax to be levied by the Community Facilities District pursuant to Section 53341.5 of the Act (but 418
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only if the Developer is required by law to provide such notice), or arising out of any alleged misstatements of fact or alleged omission of a material fact made by the Developer, its officers , directors, employees or agents to the City, the Community Facilities District, the underwriter of the Bonds and its counsel, the appraiser, the special tax consultant, the market absorption consultant or bond counsel regarding the Developer, its proposed developments, its property ownership, and any contractual arrangement it may enter into in a disclosure document describing the Community Facilities District and the risks relating to the Bonds . No provision of this Agreement shall in any way limit the e xtent of Developer’s responsibility for payment of damages resulting from the operations of Developer and its contractors; provided, however that Developer shall not be required to assume the defense or indemnify and hold harmless the City, its officers, employees or agents, or the Community Facilities District, its officers, employees or agents, as to actions, damages, claims, losses or expenses resulting from negligence or willful misconduct of such person or entity.
SECTION 9. CONFLICT WITH OTHER AGREEMENTS
Except as specifically provided herein, nothing contained herein shall be construed as releasing Developer from any condition of development or requirement imposed by any other agreement with City. In the event of a conflicting provision, such other agreement shall prevail unless such conflicting provision is specifically waived or modified in writing by City.
SECTION 10. TERMINATION
The provisions of this Agreement related to the financing of the Improvements shall terminate and be of no further force or effect upon the e arlier of (i) twenty (20) years following the issuance of building permits for all dwelling units expected to be built within the Community Facilities District, (ii) the funding of all Improvements pursuant to this Agreement, or (iii) December 31, 2045. N otwithstanding the foregoing, this Agreement shall not terminate pursuant to (iii) of the previous sentence if, on December 31, 2045, all of the building permits within the Community Facilities District have been pulled, construction within the Community Facilities District, as contemplated by the parties hereto, is ongoing, and the Developer has not yet received a full return of all Deposits or full reimbursement for the Miscellaneous Improvements from Special Taxes.
SECTION 11. NOTICES
Any notice, payment or instru ment required or permitted by this Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered or seventy-two (72) hours following deposit of the same in any United States Post Office in California, re gistered or certified, postage prepaid. Any notice to the Community Facilities District or the City shall be addressed to City of Wildomar, 23873 Clinton Keith Rd., Suite 201 Wildomar, CA 92595, Attention: City Manager. Any notice to Developer shall be addressed to CRP/CWR Westpark Project , L.L.C. , 5927 Priestly Drive, Suite 110 , Carlsbad, CA 92008 , Attention: Carlos Bonilla.
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party hereto.
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SECTION 12. GENERAL PROVISIONS
(a) Amendment. This Agreement may be amended at any time but only in writing signed by each party hereto.
(b) Exhibits. All exhibits attached hereto are incorporated into this Agreement by reference.
(c) Severability. If any part of t his Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. (d) Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other parties hereto, or the failure by a party to exercise its rights upon the default of another party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by such oth er parties with the terms of this Agreement thereafter.
(e) No Third Party Beneficiaries . Except as provided explicitly in this Agreement, no person or entity shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either expres s or implied) is intended to confer upon any person or entity, other than the City, the Community Facilities District, and Developer (and their respective successors and assigns), any rights, remedies, obligations or liabilities under or by reason of this Agreement.
(f) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument. (g) Assignment. Developer may assign all or any of its rights pursuant to this Agreement to a purchaser of all or any portion of the Developer Property. Such a purchaser and assignee shall, as a condition to taking an assignment of such rights, enter into an assignment and assumption agreement with the Developer, in a form reasonably accept able to Developer and the City, whereby such rights assigned are specified and such purchaser agrees, except as may be otherwise specifically provided therein, to assume the obligations of Developer pursuant to this Agreement and to be bound thereby. (h) Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. (i) Construction of Agreement. This Agreement has been reviewed by legal counsel for both the City and Developer and shall be deemed for all purposes to have been jointly drafted by the City and Developer. No presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement.
(j) Attorneys’ Fees. In the event of any action or proceeding, including an arbitration or a reference pursuant to Section 638, et seq., of the Code of Civil Procedure brought by any Party against any other under this Agreement, the prevailing Party shall be entitled to recover its actual attorneys’ fees and all fees, costs and expenses incurred for prosecution, defense, consultation, or advice in such action or proceeding. In addition to the foregoing, the prevailing Party shall be entitled to its actual atto rneys’ fees and all fees, costs 420
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and expenses incurred in any post -judgment proceedings to collect or enforce the judgment.
This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement.
(k) Venue a nd Forum . Any action at law or in equity arising under this Agreement brought by any Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Riverside, State of California, and the Parties waive all provisions of law providing for the filing, removal or change of venue to any other Court. (l) Entire Agreement . Except as provided in an addendum, which if applicable, will appear as Exhibit “D” hereto, this Agreement sets forth and contains the entire understanding and agreement of the parties. There are no oral or written representations, understandings, undertaking or agreements, which are not contained or expressly referred to herein, and an y such representations, understandings or agreements are superseded by this Agreement. No evidence of any such representations, understandings or agreements shall be admissible in any proceeding of any kind or nature relating to the terms or conditions of this Agreement, its interpretation or breach.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first set forth above.
CITY OF WILDOMAR, a political subdivision of the
State of California
By:
City Manager
ATTEST:
By:
Janet Morales, City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY OF THE CITY OF WILDOMAR
By:
Thomas D. Jex, City Attorney
DEVELOPER
CRP/CWR WESTPARK PROJECT, L.L.C.,
A Delaware limited liability company
By:
Name:
Title:
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LIST OF EXHIBITS
EXHIBIT A - DESCRIPTION OF DEVELOPER PROPERTY
EXHIBIT B - DESCRIPTION OF COST ESTIMATES
EXHIBIT C - DISBURSEMENT REQUEST FORM
EXHIBIT D - ADDENDUM
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EXHIBIT A
DESCRIPTION OF DEVELOPER PROPERTY
LEGAL DESCRIPTION
Real property in the City of Wildomar, County of Riverside, State of California, described as follows:
Assessor Parcel Numbers: 376-510-002; 376-510-003; and 376-510-004 424
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EXHIBIT B
DESCRIPTION OF COST ESTIMATES
The Improvements consist of the City Improvements, as described below. Any other types of Improvements will be described in an addendum to this Agreement appearing as Exhibit “D.”
I. CITY IMPROVEMENTS.
City facilities included in the City’s development fee programs used to finance expansion projects, exclusive of in -tract facilities constructed by a property owner, but including and not limited to the following.
Estimated Cost of the City Improvements
Description Estimated Cost*
Police Facilities $ 40,874
Fire Facilities 74,190
Transportation – Roads 525,059
Transportation - Signals 58,446
Drainage 363,473
Community Centers 89,961
City Hall 64,176
Parks Improvement 1,466,116
Multi-Purpose Trails 239,896
Corporate Yards 14,516
Other City Facilities 587,401
Total $ 3,524,408
*Estimated costs only; the actual amount of the City Improvements will be financed under the Agreement.
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EXHIBIT C
CFD NO. 2025-2 OF THE CITY OF WILDOMAR (WESTPARK PROMENADE)
DISBURSEMENT REQUEST FORM
1. Community Facilities District No. 2025-2 (Westpark Promenade ) of the City of Wildomar (the “CFD”) is hereby requested to pay from the City Improvements Account, or any applicable account or sub-account thereof, established by the CFD in connection with its [20__] Special Tax Bonds (the “Bonds”) to City of Wildomar (the “City”) as payee, the sum set forth below :
$_____________________ (the Requested Amount”)
2. The Requested Amount represents the payment of City Fees for ___ lot(s) within the boundaries of the CFD (the “Property”).
(Tract No. __________, Lot Nos. ________________).
3. The Requested Amount is due and payable, has not formed the basis of a ny prior request or disbursement.
4. The Requested Amount shall be payable to _______________ (the “Developer”), pursuant to the wiring instructions attached hereto.
5. The Requested Amount is authorized and payable pursuant to the terms of the certain Funding Agreement (the “Agreement”) between the City, acting for and on behalf of itself and the CFD and Developer.
6. Capitalized undefined terms used herein shall have the meaning ascribed to them in the Agreement.
Dated: DEVELOPER:
By:____________
Patrick Broyles, Member and Manage
Dated: CITY OF WILDOMAR
By:
Its:
[ATTACH WIRING INSTRUCTIONS]
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EXHIBIT D
ADDENDUM
DESCRIPTION AND COST ESTIMATES OF THE MISCELLANEOUS IMPROVEMENTS I. ELSINORE VALLEY MUNICIPAL WATER DISTRICT IMPROVEMENTS.
1. The construction, purchase, modification, expansion, rehabilitation and/or improvement of water and sewer facilities including the acquisition of capacity in the sewer system and/or water system of the Elsinore Valley Municipal Water District which are included in Elsinore Valley Municipal Water District ’s water and sewer capacity and connectio n fee programs (the “Water District Improvements ”), and all appurtenances and appurtenant work in connection with the foregoing Water District Improvements , including the cost of engineering, planning, designing, materials testing, coordination, construction staking, construction management and supervision for such Water District Improvements , and to finance the incidental expenses to be incurred, including:
a. The cost of engineering, planning and designing the Water District Improvements;
b. All costs, including costs of the property owner petitioning to form the District, associated with the creation of the District, the issuance of the bonds, the determin ation of the amount of special taxes to be levied and costs otherwise incurred in order to carry out the authorized purposes of the District; and
c. Any other expenses incidental to the construction, acquisition, modification, rehabilitation, completion and inspection of the Water District Improvements.
Estimated Cost of the Water District Improvements
Description Estimated Cost*
Water Facilities $ 4,240,391
Sewer Facilities 1,698,487
Fee Credit – Temescal Valley Project (735,732)
Total Water District Improvements $ 5,203,146
*Estimated costs only; the actual amount of the Water District Improvements will be financed under the Agreement and the Water District JCFA.
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II. LAKE ELSINORE UNIFIED SCHOOL DISTRICT IMPROVEMENTS.
1. The construction, purchase, modification, expansion, rehabilitation and/or improvement of interim and permanent school facilities of Lake Elsinore Unified School District, including classrooms, multi -purpose facilities, administration and auxiliary space a t school facilities, athletic fields, playgrounds and recreational facilities and improvements thereto, landscaping, access roadways, drainage, sidewalks and gutters and utility lines, furniture, equipment and technology, including technology upgrades and mobile devices and infrastructure therefore, with a useful life of at least five (5) years at such school facilities (the “School District Improvements ”), and all appurtenances and appurtenant work in connection with the foregoing School District Improveme nts, including the cost of engineering, planning, designing, materials testing, coordination, construction staking, construction management and supervision for such School District Improvements, and to finance the incidental expenses to be incurred, including:
a. The cost of engineering, planning and designing the School District Improvements;
b. All costs, including costs of the property owner petitioning to form the District, associated with the creation of the District, the issuance of the bonds, the det ermination of the amount of special taxes to be levied and costs otherwise incurred in order to carry out the authorized purposes of the District; and
c. Any other expenses incidental to the construction, acquisition, modification, rehabilitation, completion and inspection of the School District Improvements.
Estimated Cost of the School District Improvements
Description Estimated Cost*
School District Improvements $ 1,920,896
Total School District Improvements $ 1,920,896
*Estimated costs only; the actual amount of the School District Improvements will be financed under the Agreement and the School District JCFA.
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JOINT COMMUNITY FACILITIES AND
SCHOOL FACILITIES FUNDING AGREEMENT
by and among
THE CITY OF WILDOMAR,
LAKE ELSINORE UNIFIED SCHOOL DISTRICT
AND
CRP/CWR WESTPARK PROJECT, LLC
RELATING TO
COMMUNITY FACILITIES DISTRICT NO. 2025-1 (WESTPARK PROMENADE)
OF THE CITY OF WILDOMAR
Dated ___________________________, 2025
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1 JOINT COMMUNITY FACILITIES AND
SCHOOL FACILITIES FUNDING AGREEMENT
BY AND AMONG
THE CITY OF WILDOMAR,
LAKE ELSINORE UNIFIED SCHOOL DISTRICT
AND
CRP/CWR WESTPARK PROJECT, LLC
(Relating to Community Facilities District
No. 2025-1 of the City of Wildomar)
THIS JOINT COMMUNITY FACILITIES AND SCHOOL FACILITIES FUNDING AGREEMENT (“Agreement”) is made and entered into by and among THE CITY OF WILDOMAR, a general law city organized and operating under the laws of the State of California (“City”), the LAKE ELSINORE UNIFIED SCHOOL DISTRICT , a California public school district organized and existing pursuant to California law (“School District”), and CRP/CWR WESTPARK PROJECT, LLC, a Delaware limited liability company (“Developer”).
R E C I T A L S:
A. Developer owns certain real property located within the boundaries of both the City and the School District and designated as Riverside County Tract Map Nos . 36781 & 36782 (collectively, the “Property”). The Property is described in Exhibit “A” attached hereto. The Developer has obtained entitlements to develop the Property with approximately 191 single-family attached residential dwelling units (collectively, the “Project”).
B. The development of the Project will require that the School District provide additional School Facilities (defined below) to accommodate the students who will be generated by the development of the Project. The Property Owner and the School District have a greed that, in lieu of the Property Owner paying School Fees (as defined herein) at the time a Certificate of Compliance is issued to the School District, the School District shall receive Mitigation Amounts (as defined herein) at the time a Certificate of Compliance is issued, in accordance with the terms of this Agreement. The Parties anticipate that some or all of the Mitigation Amounts shall be payable from Bond Proceeds (as defined herein) of the hereinafter described Community Facilities District (“CFD”). The City Facilities (as defined herein) and School Facilities are in certain instances herein collectively referred to herein as the “Facilities.”
C. Pursuant to actions of the City, the City formed the CFD on October 13, 2025, pursuant to the provisions of the Act (as defined herein). The Parties herein have acknowledged and agreed that the City shall be solely responsible for the formation and administration of the CFD including the costs thereof.
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2 D. In accordance with Sections 53313.5 and 53316.2 of the Act, the CFD may finance facilities to be owned or operated by the School District. It is the intention of the Parties that t his Agreement shall constitute a “joint community facilities agreement” (“JCFA”) within the meaning of Section 53316.2 of the Act by and among the City, School District and the Developer pursuant to which the CFD will be authorized to provide financing for the School Facilities. Pursuant to Section 53316.2(b) of the Act, a JCFA may be approved by two or more public agencies prior to the adoption of a resolution authorizing the issuance of bonds. As provided by Section 53316.6 of the Act, the City shall be responsible for constructing or otherwise acquiring, maintaining and operating the City Facilities, and the School District shall be responsible for constructing or otherwise acquiring , maintaining and operating the School Facilities.
E. The provision of the City Facilities and the School Facilities is necessitated by the Project, and the Parties find and determine that the residents of the City, School District and CFD will be benefited by the financing of the City Facilities and School Facilities as set forth herein , and that this Agreement is beneficial to the interests of such residents.
ARTICLE I
GENERAL PROVISIONS
Section 1.1 Recitals.
The above recitals are true and correct and are hereby incorporated as effective and operative provisions of this Agreement.
Section 1.2 Definitions.
Unless the context clearly otherwise requires, the terms defined in this Section shall, for all purposes of this Agreement, have the meanings herein specified. (a) “Act” means the Mello -Roos Community Facilities Act of 1982, as amended, commencing with California Government Code Section 53311, et seq. (b) “Agreement” means this Joint Communities Facilities and School Facilities Funding Agreement.
(c) “Amount per Square Foot” means an amount equal to (a) 130% of the School District’s applicable Level I Fees or Level II Fees then in effect (or comparable provisions of Statutory Fees, if Level II Fees or Level I Fees are no longer in effect due to a change in State law) or (b) 100% of the School District’s Level III Fees then in effect if the School District is authorized to charge Level III Fees (or comparable provisions of Statutory Fees, if Level III Fees are no longer in effect due to a change in State law). The Amount per Square Foot is $6.72 as the date hereof. (d) “Assessable Square Feet” means, for each residential dwelling unit within the Project, the total square feet of assessable internal living space for such unit, exclusive of any carports, walkways, garages, overhangs, patios, enclosed patios, detached accessory structures (i.e., uninhabitable storage structures), other structures not used as living space or any other square footage excluded under California Government Code Section 65995. (e) “Bond Proceeds” shall mean those net funds generated by the sale of Bonds. 431
3 (f) “Bond Resolution” means that Resolution, Resolution Supplement, Fiscal Agent Agreement, Indenture of Trust and/or other equivalent document(s) providing for the issuance of Bonds.
(g) “Bonds” shall mean those bonds, or other securities, issued by, or on behalf of, the CFD, as authorized by the qualified electors within the CFD. (h) “Certificate of Compliance” means a certificate issued by School District pursuant to California Education Code Section 17620(b) for purposes of certifying that Developer has paid or satisfied the School Fees needed to obtain one or more building permits for development to occur within the Property.
(i) “CFD” or “CFD No. 2025-1” means Community Facilities District No. 2025-1 (Westpark Promenade) of the City of Wildomar.
(j) “City Facilities” means the facilities which may be financed by the CFD to be constructed, acquired, owned and/or operated by the City as described in the formation proceedings of the CFD.
(k) “Credit Account” means a fund, account or sub-account, regardless of how designated, held by, or on behalf of, the School District and applied and accounted for as set out in Section 2.5 hereof.
(l) “Deposit” means, in each case, the funds advanced to School District by Property Owner, in accordance with Section 2.2 herein, as a condition to issuance by the School District of a Certificate of Compliance.
(m) “Developer” means CRP/CWR Westpark Project, LLC, a Delaware limited liability company, and its successors and assigns.
(n) “Disbursement Request” means a request for payment relating to School Facilities in the form attached hereto as Exhibit “B.”
(o) “Lake Elsinore School Facilities Account ” means the fund(s), account(s) or sub- account(s) of the CFD (regardless of its designation within the Bond Resolution) into which a portion of the Bond Proceeds may be deposited in accordance with the Bond Resolution in order to finance the School Facilities .
(p) “Mitigation Amount” means the contractual obligation of Property Owner, as set forth herein, to provide funding through the CFD, or as otherwise set forth herein, to mitigate the school facilities impact(s) of each residential dwelling unit within the Project in an amount equal to the then- current Amount per Square Foot multiplied by the Assessable Square Feet of such residential dwelling unit.
(q) “Party” shall mean any one of the parties to this Agreement, and “Parties” shall mean, collectively, all of the parties to this Agreement.
(r) “Rate and Method” means the Rate and Method of Apportionment of the Special Tax authorizing the levy and collection of special taxes pursuant to proceedings undertaken for the formation of the CFD pursuant to the Act.
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4 (s) “School Facilities” means interim and permanent school facilities of the School District including classrooms, multi-purpose facilities, administration and auxiliary space at school facilities, athletic fields, playgrounds and recreational facilities and improvements thereto, lands caping, access roadways, drainage, sidewalks and gutters and utility lines, furniture, equipment and technology, including technology upgrades and mobile devices and infrastructure therefore, with a useful life of at least five (5) years at such school facilities.
(t) “School Fees” means fees and charges that may be levied pursuant to Education Code Section 17620 et seq. and Government Code Sections 65995 et seq. (u) “Special Taxes” means the special taxes authorized to be levied and collected by the CFD pursuant to the Rate and Method.
(v) “State” means the State of California.
Unless the context otherwise indicates, words expressed in the singular shall include the plural and vice versa and the use of the neuter, masculine or feminine gender is for convenience only and shall be deemed to include the neuter, masculine or feminine gender, as appropriate. Headings of sections herein are solely for convenience of reference, do not constitute a part hereof and shall not affect the meaning, construction or effect hereof.
All references herein to “Sections” and other subdivisions are to the corresponding Sections or subdivisions of this Agreement; the words “herein,” “hereof,” “hereby,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular Section or subdivision hereof.
ARTICLE II
FORMATION OF THE CFD AND ISSUANCE OF BONDS
Section 2.1 Formation of the CFD.
The City [has undertaken] proceedings pursuant to the Act for the formation of the CFD, the authorization of the Special Taxes and the authorization of bonded indebtedness on behalf of the CFD, with the qualified electors approving such Special Taxes and the authorization of bonded indebtedness as provided for under the Act and related State law. The Parties expressly acknowledge and agree that the School District shall have no responsibility or liability for any costs or expenses of forming or administering the CFD. The Parties exp ressly agree that for purposes of this Agreement the School District may presume that the proceedings for the formation of the CFD, actions for approval of the levy and collection of the Special Taxes and authorization for the CFD to incur bonded indebtedn ess were validly undertaken and completed.
Section 2.2 Mitigation Amount Payments/Deposits.
Prior to School District’s receipt of Bond Proceeds, as described in this Section, Property Owner may obtain Certificates of Compliance for lots/parcels within the Project only by providing Deposits to the School District that in each case are equal to the Mitigation Amount(s) attributable to those lots/parcels which are developed for residential purposes. The School District may commingle any or all Deposits with other capital facilities funds of the School District for purposes of investment and safekeeping, and the School District may use such Deposits for any or all purposes as authorized
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5 by law, but, for purposes of this Agreement, the School District shall at all times maintain records sufficient to track the amount and disposition of each Deposit.
(a) At the time Bonds are issued, the Lake Elsinore School Facilities Account is intended to be funded in an amount equal to the then- current Amount Per Square Foot multiplied by the total Assessable Square Feet for the units used to size the Bonds (“School Funding Requirement”). Deposits provided to the School District prior to receipt by the School District of Bond Proceeds will be refunded by the School District to Property Owner, or other Party, as applicable, that paid such Deposit(s) to the extent that t he School Funding Requirement for such units is satisfied. The School District may withhold the refunding of Deposits as needed such that the withheld Deposits plus the Bond Proceeds deposited in the Lake Elsinore School Facilities Account shall equal the School Funding Requirement.
(b) If the Bond Proceeds are not sufficient to make all future Mitigation Amounts for the Property, then once the Property Owner begins making payments of Mitigation Amounts, such amounts shall constitute Deposits that are capable of reimbursement in the manne r described above upon the receipt of additional Bond Proceeds.
(c) After the issuance of the last series of Bonds (other than Bonds issued for refunding purposes only), if after the application of all Bond Proceeds deposited into the Lake Elsinore School Facilities Account, including interest earnings thereon, and taking into account any Deposits retained by the School District (as provided for above), there remains a balance due to satisfy the School Funding Requirement, Property Owner shall be required to pay all Mitigation Amount(s) for units/parcels before Certificates of Compliance shall be issued by the School District.
(d) The City and the CFD shall not be responsible, or liable, for funding of School Facilities, payment of Deposits or payment of Mitigation Amounts from any source of funds other than Bond Proceeds allocated and deposited for such purpose.
Section 2.3 Issuance and Sale of Bonds.
(a) The City Council, acting as the legislative body of the CFD, may, in its sole discretion, in accordance with its adopted policies, adopt one or more Bond Resolutions and issue Bonds. Prior to the City Council adopting a Bond Resolution, Developer, or another Party on behalf of the Developer, shall notify School District, in writing, of: (i) the estimated issuance date for each series of Bonds and (ii) the estimated amount of Bond Proceeds to be deposited in the Lake Elsinore School Facilities Account.
(b) School District shall have no obligation, responsibility, or authority with respect to the issuance and sale of the Bonds, the Bond Proceeds available to finance School Facilities, the payment of the principal and interest on the Bonds, or for the levy of the Special Taxes to provide for the payment of principal and interest thereon. The City and the CFD shall have the sole authority and responsibility for all such matters.
(c) The Parties hereto specifically agree that, except as provided in Section 2.4 , the liabilities of the CFD, including liabilities, if any, of the CFD pursuant to the documents providing for the issuance of Bonds, including the Bond Resolution, shall not be or become liabilities of School District.
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6 Section 2.4 Use of Bond Proceeds to Finance School Facilities. (a) In the event that Bonds are issued, the City , or the CFD (as may be applicable) s hall determine the amount of Bond Proceeds to be deposited into the Lake Elsinore School Facilities Account or any applicable accounts or subaccounts thereof. As Bond Proceeds are transferred to School District, Developer shall receive a credit in the amount transferred against the payment of Mitigation Amounts. Nothing herein shall supersede the obligation of the Property Owner and/or its successors in interest with respect to the Property to pay School Fees to School District, when due, on account of commercial, industrial, age -restricted or other development not within the scope of this Agreement. The purpose of this Agreement is to provide a mechanism by which the CFD may levy and collect Special Taxes and issue Bonds to provide a source of funds to finance School Facilities for residential development within the Project through the payment of the Mitigation Amount. In the event that Bond Proceeds, including investment earnings thereon, are not available or sufficient to satisfy the obligation to pay the Mitigation Amounts, then the Property Owner shall remain obligated to pay the Mitigation Amounts to the School District as provided for under the terms of this Agreement. (b) In connection with the issuance of any Bonds, a portion of the proceeds of which are to be made available pursuant to this Agreement to finance the acquisition, construction and installation of School Facilities, School District agrees to execute and deliver such certifications concerning the School District and/or the School District’s use of Bond Proceeds deposited into the Lake Elsinore School Facilities Account as may be reasonably required in order for City bond counsel to conclude, at the time of Bond issuance, that interest on such Bonds will be excludable from gross income under Section 103 of the Internal Revenue Code of 1986 and any amendments thereto. If expressly requested by the City, the CFD or City bond counsel, the School District shall confirm that the Bond Proceeds shall be, or have been, expended on School Facilities which have a direct or indirect benefit to the property within the CFD.
Section 2.5 Mitigation Credit Account.
(a) After being notified by the fiscal agent for the Bonds, or equivalent City or CFD consultant, officer or agent that Bond Proceeds have been deposited into the Lake Elsinore School Facilities Account, School District will establish a Credit Account in the amount of Assessable Square Feet for which the School Funding Requirement has been satisfied. Such determination shall be made by dividing the amount(s) deposited in the Lake Elsinore School Facilities Account by the Amount per Square Foot then in effect pursuant to Section 2.2 herein.
(b) Once established and upon receipt of funds into the Credit Account, School District shall deduct from the Credit Account the square footage of units for which Deposits had been made pursuant to Section 2.2 and return the corresponding Deposits to the Property Owner. If such deduction would result in a negative balance within the Credit Account, School District shall retain a portion of the Deposits such that when added to the Bond Proceeds deposited in the Lake Elsinore School Facilities Account would result in a balance of zero (0) square feet within the Credit Account. Such retained Deposits may then be used by School District as permitted by law and this Agreement.
(c) Property Owner may obtain Certificates of Compliance for lots/parcels within the Project by requesting that School District deduct from the Credit Account the assessable space of the unit for which the Certificate of Compliance is being sought. In the event that there is an insufficient balance in the Credit Account to cover a request for a Certificate of Compliance, Property Owner may obtain the Certificate of Compliance only by paying cash to the School District equal to the shortfall 435
7 in the Mitigation Amount payable in connection with that Certificate of Compliance.
Section 2.6 Disbursements of Funds for School Facilities. (a) From time to time following the deposit of Bond Proceeds into the Lake Elsinore School Facilities Account , the School District may notify the City in writing and request a disbursement from the Lake Elsinore School Facilities Account into the Credit Account to fund School Facilities by executing and submitting an executed Disbursement Request to the City, the CFD or to the Bonds fiscal agent, as the Bond Resolution shall provide . Upon receipt of such Disbursement Request, completed in accordance with the terms of this Agreement, the CFD or the Bonds fiscal agent shall wire transfer, or otherwise pay, to School District such requested funds to the extent that Bond Proceeds are available in the Lake Elsinore School Facilities Account for such purpose. (b) School District agrees that prior to submitting a Disbursement Request requesting payment from the CFD, it shall review and approve all costs included in its request and will have already paid or incurred such costs of School Facilities from its own funds subsequent to the date of this Agreement, or will disburse such amounts to pay the costs of School Facilities following receipt of such funds from the CFD. In the event that School District does not disburse any Bond Proceeds received by it to third parties within five banking days of receipt, it will trace and report to the CFD all earnings, if any, earned by School District, from the date of receipt of such Bond Proceeds by School District to the date of expenditure by School District for costs of the School Facilities as defined herein.
Section 2.7 Responsibility for Mitigation Amounts.
(a) The Parties hereto acknowledge and agree that, absent Mitigation Amounts being funded using Bond Proceeds, the Property Owner shall be responsible for the payment of the Mitigation Amounts.
(b) If the amounts derived from Bond Proceeds for School Facilities deposited in the Lake Elsinore School Facilities Account, including investment earnings thereon, if any, are not sufficient to fund all Mitigation Amounts attributable to the Property, the Parties hereto agree that all responsibility and liability for the amount of such shortfall shall be and remain with the Property Owner, and shall not lie with the CFD, School District or the City.
(c) School District agrees to utilize or apply Bond Proceeds provided to it by the CFD, in accordance with the Act, the Local Agency Special Tax and Bond Accountability Act (described in Section 4.1 hereof), the requirements of federal tax law compliance with which is necessary in order for interest on the Bonds to be excluded from the gross income of the recipients for federal income tax purposes and other applicable law, and as set forth herein.
Section 2.8 Indemnification.
(a) Indemnification by the City. The City shall assume the defense of, indemnify and save harmless, the School District, and the Developer, their respective officers, employees and agents, and each and every one of them, from and against all actions, damages, claims, losses, and/or expenses of any and every type and description (each a “Liability” and collectively, “Liabilities”) to which they may be subjected or put, by reason of, or resulting from, any negligent act or omission or willful misconduct of the City or the CFD with respect to this Agreement ; provided, however, that the City shall not be obligated in accordance with the foregoing to the extent any Liability is attributable to the 436
8 negligence or willful misconduct of any other Party or its officers, agents or employees, in which event the Parties shall be responsible and liable on a comparative basis. (b) Indemnification by Developer. The Developer shall assume the defense of, indemnify and save harmless, the School District, the City, and the CFD, their respective officers, employees and agents, and each and every one of them, from and against all Liabilities to which they may be subjected or put, by reason of, or resulting from, any negligent act or omission or willful misconduct of the Developer with respect to this Agreement provided, however, that the Developer shall not be obligated in accordance with the foregoing to the extent any Liability is attributable to the negligence or willful misconduct of any other Party or its officers, agents or employees, in which event the Parties shall be responsible and liable on a comparative basis.
(c) Indemnification by School District. The School District shall assume the defense of, indemnify and save harmless, the City, the CFD , and the Developer, their respective officers, employees and agents, and each and every one of them, from and against all Liabilities to which they may be subjected or put, by reason of, or resulting from, any negligent act or omission or willful misconduct of the School District with respect to this Agreement; provided, however, that the School District shall not be obligated in accordance with the foregoing to the extent any Liability is attributable to the negligence or willful misconduct of any other Party or its officers, agents or employees, in which event the Parties shall be responsible and liable on a comparative basis. (d) Comparative Liability. Notwithstanding anything to the contrary, in the event a court of competent jurisdiction, or an arbitrator if the Parties have agreed to arbitration, determines that more than one of the Parties are, to some extent, responsible for the existence of any Liability, those Parties shall request that the court or arbitrator determine their comparative liability with respect to that Liability. Thereafter, those Parties shall be responsible for any damages payable on account of such Liability consistent with such comparative liability determination, and a Party shall be entitled to reimbursement, for damages that it has paid in excess of its share of damages based on such comparative liability determination, from the other responsible Party or Parties. (e) Statutory Liability . Notwithstanding anything to the contrary, in the event a final judgment issued by a court of competent jurisdiction, or an arbitrator if the Parties have agreed to arbitration, determines that this Agreement is an agreement within the scope of Governmen t Code Section 895 and, in connection therewith, imposes liability on either the City or the School District solely by virtue of Government Code Section 895.2, then the City or School District, as applicable, shall be entitled to con tribution as provided by Government Code Section 895.6. In the event Government Code Sections 895, 895.2 and/or 895.6 are amended or repealed, the requirements of this Subsection shall apply with respect to any similar, successor or superseding law that imposes liability on either the City or the School District consistent with provisions of Government Code Sections 895.2 and 895.6 in effect as of the Effective Date.
Section 2.9 Mitigation of School Facilities Obligations with Respect to the Project.
The Property Owner and the School District agree that, with respect to development of the Property, the payment of the Mitigation Amounts to School District, whether with Bond Proceeds, Deposits or otherwise, as set forth herein, shall constitute the full extent of the obligation of the Property Owner to mitigate the impacts on the School Facilities of the School District arising from development of the Property.
437
9 Subject to compliance with the terms hereof, the School District shall not oppose development of the Project or any request by the Property Owner for a land use or other governmental approval, whether legislative, administrative, discretionary or ministeri al, sought for the development of the Project. No development, change of development, governmental approval or change in any governmental approval with respect to the Project shall constitute the basis for any amendment or termination of this Agreement.
Section 2.10 Waiver of State and Local Funding Credits and Right to Protest.
In consideration of School District’s agreement with respect to the Project under this Agreement, the Developer hereby waives, on behalf of itself and all of its respective successors in interest with respect to the Property (including future property owners), any and all past, present, and future rights any of them may have to credit against, or fair share reduction in, the Deposit based upon State matching funding provided to School District or the proceeds from a School District-wide special tax or general obligation bond authorization, or School Facilities Improvement District (“SFID”) bond authorization for school facilities. Nothing in the foregoing or elsewhere in this Agreement shall be deemed or construed to constitute an acknowledgement or agreement by the School District that the Developer or its successors have or would be entitled to any such credit or reduction. In addition, the Developer knowingly waive s its right of protest as may be afforded by Government Code Section 66020 or any other provision of law; provided that nothing in this Agreement shall be deemed or construed to preclude the Developer from asserting that the School District has breached any obligation it may have pursuant to this Agreement.
Section 2.11 Developer Advance.
The Developer has previously deposited with School District the amount of Fifteen Thousand Dollars ($15,000) to be used to advance fund the School District’s costs associated with negotiating, entering into and administering this Agreement. Such advance may be reimbursed to the Developer , subject to the approval of the City and/or the CFD , solely from Bond P roceeds, but under no circumstances shall School District be obligated to refund, reimburse, or otherwise repay the advance, or any portion thereof, to the Developer from any source of funds of the School District .
Notwithstanding the foregoing, should the City, for any reason, not approve this Agreement, any then unexpended and uncommitted balance of the funds advanced pursuant to this Section shall be refunded to Developer within fourteen (14) business days after School District is notified in writing by the City that this Agreement has not been and will not be, approved by the City.
Section 2.12 Administration of the CFD.
The City shall have the power, duty and responsibility to provide for the administration of the CFD, subject to the terms hereof and the Bond Resolution, including employing and compensating all consultants and providing for the various other administration duties set forth in this Agreement. It is understood and agreed by Parties that School District was not or will not be considered a participant in the proceedings relative to formation of the CFD or the issuance of the Bonds, other than as a Party to this Agreement. For avoidance of doubt, all proceeds of the Special Taxes levied by the CFD shall, as and when collected, be allocated and distributed for use by the City and/or the CFD, not any other Party or any third party.
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10 Section 2.13 Construction, Ownership and Maintenance of School District Facilities .
The City shall have no responsibility for the acquisition, construction and installation of the School Facilities. The School Facilities shall be and remain the sole and separate property of the School District and shall be operated, maintained and utilized by the School District. The City shall not have any ownership interest in, or responsibility for the operation, maintenance or utilization of, the School Facilities.
Section 2.14 Construction, Ownership and Maintenance of City Facilities . The School District shall have no responsibility for the acquisition, construction and installation of the City Facilities. The City Facilities shall be and remain the sole and separate property of the City and shall be operated, maintained and utilized by the City. The School District shall not have any ownership interest in the City Facilities, and the School District shall have no responsibility for the operation, maintenance or utilization of the City Facilities.
ARTICLE III
TERM AND TERMINATION
Section 3.1 Effective Date.
This Agreement shall become effective and of full force and effect as of the date (“Effective Date”) that this Agreement is approved and executed by the last of the School District, the Developer and the City, to be confirmed upon execution of this Agreement by the authorized representatives of the Parties.
Section 3.2 Termination.
If the CFD is terminated for any reason or is unable to complete the sale of the Bonds prior to January 1, 2040, any obligation of the Parties, if any, to finance all or any portion of the Mitigation Amounts with Bond Proceeds pursuant to this Agreement shall automatically terminate and be of no further force or effect. In such event, this Agreement shall remain in effect as between the School District and the Property Owner, the School District shall retain any and all Deposits in full satisfaction of the mitigation obligation attributable to the lots within the Project for which Certificates of Compliance were issued based upon the posting of such Deposits and, thereafter, in order to obtain an additional Certificate of Compliance for construction within t he Project, Property Owner shall be required to pay to the School District the School Fees, or other amount(s) as required by state law, applicable to such construction.
ARTICLE IV
ADDITIONAL GENERAL PROVISIONS
Section 4.1 Recordkeeping; Inspection of Records.
(a) School District hereby agrees to keep and maintain full and accurate records of all Bond Proceeds, if any, paid to School District for application pursuant to terms of this Agreement and investment earnings thereon, and the City or the CFD, or the Bonds fiscal agent on their behalf, hereby agrees to keep and maintain full and accurate records of all Bond Proceeds and investment earnings, if any, disbursed to School District from the Lake Elsinore School Facilities Account. Each Party further agrees to make such records available to any other Party hereto, including the Developer, during normal 439
11 business hours upon reasonable prior notice. All such records shall be kept and maintained by the appropriate Party as provided by applicable law and their respective policies. The School District and the Developer agree that they will cooperate with the CFD and the City in providing documentation, reports or other data reasonably required and requested by the City or the CFD in meeting the reporting requirements of the CFD under Sections 50075.1, 50075.3, and 50075.5 and Article 1.5 (commencing with Section 53410) of Chapter 3 of Part 1 of Division 2 of Title 5 of, the Government Code (collectively, the “Local Agency Special Tax and Bond Accountability Act”). (b) School District’s reporting obligations pursuant to this Section shall be limited to providing reports or other data detailing the following: (A) the amount of Bond Proceeds received by School District to fund School Facilities, (B) the amount of such Bond Proceeds repaid to the Developer pursuant to this Agreement, and (C) School Facilities that have been acquired , installed and/or constructed, in whole or in part, using Bond Proceeds. If no Bond Proceeds have been received by School District or used to finance School Facilities since the previous report, no report shall be required and the City may rely upon the previous reports.
Section 4.2 Partial Invalidity.
If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.
Section 4.3 Successors and Assigns.
Developer may assign their respective rights pursuant to this Agreement to a purchaser/developer of the Property, or any portion thereof, and such purchaser and assignee shall expressly assume the obligations of Developer pursuant to this Agreement and to be bound thereby.
No such assignment by the Developer shall be valid or binding on any other Party unless and until written notice of the assignment and assumption has been provided to all Parties. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the Parties.
Section 4.4 Notice.
Any notice, payment , or instrument required or permitted by this Agreement to be given or delivered to any Party shall be deemed to have been received only upon actual receipt by that Party.
Such notices, payments, or instruments may be delivered by: (i) personal delivery, delivery charges prepaid and signature on delivery receipt requested; (ii) registered or certified U.S. Mail , postage prepaid and return receipt requested; or (iii) FedEx, UPS, or other reliable private delivery service, delivery charges prepaid and signature on electronic or other delivery receipt requested. A copy of each notice and other instrument sent to the City shall be sent to the City’s legal counsel, and a copy of each notice and other instrument sent to the School District shall be sent to the School District’s legal counsel. No Party may unreasonably refuse to accept delivery of any communications sent in accordance with this Section in an attempt to avoid the giving or service of the communication, and any such refusal by a Pa rty shall be deemed and construed as a material breach of such Party’s obligations pursuant to this Agreement. For avoidance of doubt, this Section shall not be deemed or construed to apply to service of process in accordance with any applicable law or rule of court. Subject to the foregoing, written communications shall, as applicable, be addressed as follows:
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12 City: _____________________
City Manager
23873 Clinton Keith Road, Suite 201
Wildomar, CA 92595
City Legal Counsel: Thomas D. Jex
Burke, Williams and Sorensen LLP
1770 Iowa Avenue, Suite 240
Riverside, CA 925007
Lawrence Chan
Stradling Yocca Carlson & Rauth
660 Newport Center Drive, Suite 1600
Newport Beach, CA 92660
School District: Lake Elsinore Unified School District
Attention: Assistant Superintendent, Facilities and Operations 545 Chaney Street
Lake Elsinore, CA 92530
School District Legal Counsel: Atkinson, Andelson, Loya, Ruud & Romo Attention: Robert E. Anslow
20 Pacifica, Suite 1100
Irvine, CA 92618
Developer: Cal West Living
Attention: Carlos Bonilla
5927 Priestly Drive, Suite 110
Carlsbad, CA 92008
Developer Legal Counsel: O’Neil LLP
Attention: John P. Yeager, Esq.
19800 MacArthur Boulevard, Suite 650
Irvine, CA 92612
Each Party may change its address for delivery of notice by delivering written notice of such change of address to the other Parties. A Party that incurs a change of address shall endeavor to provide such notice within ten (10) calendar days prior to the change taking effect.
Section 4.5 Captions.
The captions to Sections used herein are for convenience purposes only and, therefore, shall not be deemed or construed to qualify, circumscribe, or otherwise limit the respective meanings of the provisions set forth in this Agreement.
Section 4.6 Governing Law.
Notwithstanding any conflict-of-law, choice-of-law, or other provision of any federal or state law, this Agreement shall be governed by, and construed in accordance with, the laws of the State 441
13 applicable to contracts made and performed in said State. Each and every claim, demand, action, arbitration (if the affected Parties agree to arbitrate), and other proceeding arising from this Agreement shall be initiated and conducted solely in the County of Riverside, California; provided that a court of competent jurisdiction in its discretion may determine that it is necessary, in order to ensure fundamental fairness, that venue be located outside the boundaries of the City.
Section 4.7 Entire Agreement.
This Agreement contains the entire agreement of the Parties with respect to the matters provided for herein and supersedes all prior and contemporaneous agreements, negotiations, and discussions (whether written or oral) among any of the Parties relating to the subject matter of this Agreement.
Section 4.8 Amendments.
This Agreement may be amended or modified only in writing duly approved by each of the Parties and executed by the authorized representative(s) of each of the Parties hereto.
Section 4.9 Waiver.
The failure of any Party hereto to insist on compliance within any of the terms, covenants or conditions of this Agreement by any other Party hereto shall not be deemed to constitute a waiver of such terms, covenants or conditions of this Agreement by the failing Party. In order to be valid and binding, a waiver must be set forth in writing and must be signed by the authorized representative of the waiving Party. Except as expressly set forth in a written waiver, no waiver shall constitute a relinquishment of any other right or power for all or any other times.
Section 4.10 Cooperation and Execution of Documents.
Each Party agrees to complete and execute any further or additional documents that reasonably are necessary to complete the terms of , or secure the express benefits to another Party of, this Agreement.
Section 4.11 Exhibits.
The following exhibits attached hereto are incorporated into this Agreement by reference.
Exhibit Description
“A” Description of Property
“B” Disbursement Request Form
Section 4.12 Interpretation.
This Agreement shall be deemed to have been prepared by the Parties jointly, and no ambiguity shall be resolved against a Party solely because it or its attorney(s ) were primarily responsible for drafting this Agreement or any particular provision herein. 442
14 53589527.3/005194.00426
Section 4.13 No Termination Due to Changes in Law.
The provisions of this Agreement shall not be affected by: (i) any change to applicable law that occurs on or after the Effective Date; (ii) any legislation enacted, whether through the legislative or initiative process, on or after the Effective Date; or (iii) any judicial decisions issued on or after the Effective Date that otherwise would affect the matters addressed in this Agreement, except for decisions specifically pertaining to this Agreement.
Section 4.14 Signatories.
Each person who has signed this Agreement on behalf of a Party thereby represents and warrants that he, she, or they has been appropriately authorized that Party to sign, and thereby bind such Party to, this Agreement.
Section 4.15 Execution in Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed an original and the same instrument. Signature pages may be detached from counterpart originals and combined to form one or more copies of this Agreement having original signatures of all Parties.
[Remainder of this page intentionally left blank]
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S-1
IN WITNESS WHEREOF, the Parties hereto have executed this Joint Community Facilities and School Facilities Funding Agreement as of the day and year written above.
LAKE ELSINORE UNIFIED SCHOOL DISTRICT
By:
Title:
Date Signed:
Approved by Governing Board: _________________,
2025
444
S-2
Developer: CRP/CWR WESTPARK PROJECT, LLC,
a Delaware limited liability company
By:
Name:
Title:
Date Signed:
445
S-3
City: CITY OF WILDOMAR
By:
Name:
Date Signed:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
446
A-1
EXHIBIT “A”
DESCRIPTION OF PROPERTY
That certain real property located within the City of Wildomar, County of Riverside, State of California, described as follows:
County of Riverside Assessor Parcel Nos. 376-510-002, 376-510-003 & 376-510-004
447
B-1
EXHIBIT “B”
DISBURSEMENT REQUEST FORM
1. Community Facilities District No. 2025-1 of the City of Wildomar (“CFD No. 2025- 1”) is hereby requested to pay from the Lake Elsinore School Facilities Account , or any applicable account or subaccount thereof, established by or on behalf of the City of Wildomar or CFD No. 2025- 1 in connection with its Special Tax Bonds (the “Bonds”) or pursuant to the terms of the JCFA (defined below) to Lake Elsinore Unified School District (“School District ”) or other payee , as designated below, the sum set forth below:
$________________ (the “Requested Amount”)
2. The Requested Amount is due and payable, no portion of the Requested Amount has been included in any prior disbursement to the School District from the Lake Elsinore School Facilities Account, and the Requested Amount is payable in satisfaction of the Property Owner’s obligation pursuant to the JCFA to pay Mitigation Amounts to ___________ (“Payee”) as detailed below.
Payment Instructions:____________________________
3. The Requested Amount is authorized and payable pursuant to the terms of that certain Joint Community Facilities and School Facilities Funding Agreement, dated as of ______________, 2025, by and among the School District , CRP/CWR Westpark Project, LLC , a California limited liability company, and the City (the “JCFA”). By requisitioning and/or receiving Bond Proceeds pursuant to this request , the School District is not passing upon, determining, or assuming the tax- exempt status of the Bonds for federal or California income tax purposes.
4. Capitalized undefined terms used herein, and not otherwise defined, shall have the meaning(s) ascribed to them in the JCFA.
Date: __________________________ LAKE ELSINORE UNIFIED SCHOOL DISTRICT
By:
448
449
CITY OF WILDOMAR
REGULAR MEETING
PUBLIC HEARING
Agenda Staff Report # 2.2
Meeting Date: October 13, 2025
SUBJECT:
Development Code Amendment No. 2025-05A (Sheds &
Accessory Dwelling Units) - Introduce Ordinance revising Title 17 (Development Code) of the Wildomar Municipal Code
SUBMITTED BY:
Abdu Lachgar, Senior Planner
PREPARED BY:
Abdu Lachgar, Senior Planner
ACTION:
1. Determine that Development Code Amendment (DCA) No. 2025-05A, and associated Ordinance No. [next in order], is exempt under the California Environmental Quality Act (CEQA) and CEQA Guidelines, pursuant to the common sense exemption, Section 15061(b) (3) of the CEQA Guidelines.
2. Introduce Ordinance No. ___ and conduct the first reading by title only for ordinance, based on the necessary finding within, entitled:
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT NO. 2025-05A TO REVISE VARIOUS CHAPTERS WITHIN TITLE 17 (DEVELOPMENT CODE) OF THE WILDOMAR MUNICIPAL CODE, INCLUDING CHAPTER 17.185 (ACCESSORY STRUCTURES) AND CHAPTER
17.195 (ACCESSORY DWELLING UNITS)
3. Direct the City Clerk to schedule the second reading of Ordinance No. ____ at the next regular City Council meeting or as soon thereafter as feasible.
SUMMARY:
Consideration of amendments to the Development Code by revising various parts of Title 17 (Development Code) of Wildomar Municipal Code, relating to shed setbacks and accessory dwelling unit (ADU) regulations, as summarized below:
1. Reduce setbacks for residential sheds under 120 square feet.
2. Modify design standards for ADUs to align with state objective standard requirements.
BACKGROUND:
The Council previously requested staff modify the setbacks for sheds under 120 square feet that don't require permits, and staff is also proposing a minor change to ADU regulations to comply with state standards. Altogether, this subject ordinance was initiated pursuant to Section 17.145.030 of the Wildomar Development Code.
450
On September 3, 2025, the Planning Commission conducted a duly noticed public hearing, considered all oral and written evidence in the administrative record, and voted 5-0 to adopt Planning Commission Resolution No. 2025-14, recommending that the City Council find the proposed amendment exempt from further environmental review, approve Development Code Amendment No. 2025-05, and adopt the associated Ordinance No. [next in order] attached hereto and incorporated herein by reference. This ordinance (DCA 2025-05A) involves a portion of DCA 2025-05. Another portion of DCA No. 2025-05 may be heard separately at a future Public Hearing.
DISCUSSION:
The discussion of the revisions below corresponds to the text amendments set forth in the attached Draft City Council Ordinance.
1. Chapter 17.185 (Accessory Structures) - The proposed amendment will revise an existing subsection for accessory structures to reduce minimum setbacks to 2 feet for interior side and rear property lines that will apply to sheds under 120 square feet.
2. Chapter 17.195 (Accessory Dwelling Units) - The proposed amendment will revise an existing subsection to ensure that objective standards are applied to the design of ADUs in order to comply with State law.
ENVIRONMENTAL ANALYSIS:
In accordance with the requirements of the California Environmental Quality Act (“CEQA”), Public Resources Code § 21000, et seq., and the CEQA Guidelines, Section § 15000, et seq., Development Code Amendment No. 2025-05A, and its supporting adopting ordinance, is exempt from further environmental review, based on the common sense exemption, CEQA Guideline Section 15061(b)(3), in that the amendments involve general policy and procedure making and it can be seen with certainty that there is no possibility that this code amendment and ordinance adoption may have a significant effect on the environment. In any case, these amendments involve regulations related to ADUs and residential accessory structures, which are already exempt from CEQA review. Therefore, the additions and revisions proposed can be seen with certainty that they will not cause any significant impact on the environment.
Given these factors, Development Code Amendment No. 2025-05A meets the criteria for a General Rule Exemption pursuant to Section 15061(b)(3) of CEQA. In addition, the implementation of state ADU law is exempt from further CEQA review pursuant to Public Resources Code § 21080.17, and the proposed Development Code Amendment and supporting ordinance implement state ADU law concerning objective standards.
FISCAL IMPACT:
The fiscal impacts associated with the drafting, legal review, and implementation of this ordinance are covered by the Department’s Operating Budget of General Fund.
ATTACHMENTS:
Attach A - Draft DCA 2025-05A Ordinance.docx
Attach B - Draft DCA 2025-05 Ord Redline Version.pdf
Attach C - DCA 2025-05A PPT [10-13-25].pdf
451
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR, CALIFORNIA , APPROVING DEVELOPMEN T
CODE AMENDMENT NO. 2025-05A TO REVISE VARIOUS
CHAPTERS WITHIN TITL E 17 (DEVELOPMENT CO DE) OF
THE WILDOMAR MUNICIP AL CODE, INCLUDING C HAPTER
17.185 (ACCESSORY STRUCTURES) AND CHAPTER 17.195
(ACCESSORY DWELLING UNITS)
WHEREAS, in accordance with Chapter 17.145 of the Wildomar Municipa l Code and California Government Code , the City Council, upon recommendation from the Planning Commission, has the authority to take action on the proposed Development Code Amendment No. 2025-05A; and
WHEREAS, the Planning Commission held a duly noticed public hearing on September 3, 2025 for Development Code Amendment No. 2025-05, and adopted PC Resolution No. 2025 -14 recommending City Council approval of Development Code Amendment No. 2025-05; and
WHEREAS, in accordance with Chapter 17.125 of the Wildomar Municipal Code, the Planning Department, on October 3 , 2025, published a legal notice in the Press Enterprise, a local newspaper of general circulation, notifying the general public of the City Council publi c hearing set for October 13 , 2025, regarding Development Code Amendment No. 2025-05A; and
WHEREAS, in accordance with Section 17.125 of the Wildomar Municipal Code, the City Council conducted a duly noticed public hearing on October 13, 2025, at which time interested persons had an opportunity to testify in support of, or opposition to Development Code Amendment No. 2025-05A, and at which time the City Council received public testimony concerning Development Code Amendment No. 2025-05A.
THE CITY COUNCIL OF THE CITY OF WILDOMAR HEREBY DOES ORDAIN AS FOLLOWS:
SECTION 1: ENVIRONMENTAL DETERMINATION.
In accordance with the requirements of the California Environmental Quality Act (“CEQA”), Public Resources Code § 21000, et seq., and the CEQA Guidelines, Section § 15000, et seq., Development Code Amendment No. 2025-05A, and its supporting adopting ordinance, is exempt from further environmental review, based on the common sense exemption, CEQA Guideline Section 15061(b)(3), in that the amendments involve general policy and procedure making and it can be seen with certainty that there is no possibility that this code amendment and ordinance adoption may have a significant effect on the environment. In any case, these amendments involve regulations related to ADUs 452
and residential accessory structures, which are already exempt from CEQA review.
Therefore, the additions and revisions proposed can be seen with certainty that they will not cause any significant impact on the environment. Given these factors, Development Code Amendment No. 2025-05A meets the criteria for a General Rule Exemption pursuant to Section 15061(b)(3) of CEQA. As a result, the City Council hereby adopts a general rule exemption in accordance with the CEQA Guidelines as stated above. In addition, the implementation of state ADU law is exempt from further CEQA review pursuant to Public Resources Code § 21080.17, and the proposed Development Code Amendment and supporting ordinance implement state ADU law concerning objective standards.
SECTION 2. REQUIRED ZONING ORDINANCE AMENDMENT FINDING.
In accordance with Chapter 17.125 Wildomar Zoni ng Ordinance, the City Council makes the following finding approving Development Code Amendment No. 2025-05A.
A. The proposed amendment is consistent with the City of Wildomar General Plan and Zoning Ordinance.
The proposed amendment is consistent with the City of Wildomar General Plan in that the proposed amendment will maintain design standards and enhance the character of surrounding areas within the City by allowing additional accessory structure regulations (Goal LU 5). Further, the provisions outlined in the amendment will not impact the visual character of residential development in that the strict regulations will maintain order and consistency related to these uses.
SECTION 3. AMENDMENT OF SECTION 17.185.040 OF THE WILDOMAR
MUNICIPAL CODE
Section 17.185.040 (Development Standards) of Chapter 17.185 of the Wildomar Municipal Code is hereby amended to add a new subsection H, which will read as follows:
H. Notwithstanding the regulations in this chapter, detached single -story accessory structures, not more than 120 square feet in size and, therefore, not requiring a building permit, may be permitted with a minimum setback of 2 feet to interior side and rear property lines.
SECTION 4. AMENDMENT OF SECTION 17.185.040 OF THE WILDOMAR
MUNICIPAL CODE
Subsection H of Section 17.195.050 (Development Standards) of Chapter 17.185 of the Wildomar Municipal Code is amended in its entirety to read as follows:
H. The architectural design of the ADU shall meet adopted objective design standards or guidelines, if any, and shall match the design of the primary dwelling, as determined 453
by the Community Development Director or designee, using objective design standards or guidelines, if any.
SECTION 5. SEVERABILITY
If any Chapter, 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 jurisdictio n, such decision will 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 Chapter, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more Sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 6. EFFECTIVE DATE.
This ordinance shall take effect thirty (30) days after its passage by the City Council.
SECTION 7. CITY CLERK ACTION
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 Chapter 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Chapter 39633(c).
INTRODUCED AND APPROVED FOR FIRST READING this 13th, day of October 2025.
_____________________
Ashlee DePhillippo
Mayor
APPROVED AS TO FORM: ATTEST:
____________________________ ___________________________ Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
454
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR, CALIFORNIA, APPROVING DEVELOPMENT
CODE AMENDMENT NO. 2025-05A TO REVISE VARIOUS
CHAPTERS WITHIN TITLE 17 (DEVELOPMENT CODE) OF
THE WILDOMAR MUNICIPAL CODE, INCLUDING CHAPTER
17.185 (ACCESSORY STRUCTURES) AND CHAPTER 17.195
(ACCESSORY DWELLING UNITS)
WHEREAS, in accordance with Chapter 17. 145 of the Wildomar Municipal Code and California Government Code, the City Council, upon recommendation from the Planning Commission, has the authority to take action on the proposed Development Code Amendment No. 2025-05A; and
WHEREAS, the Planning Commission held a duly noticed public hearing on September 3, 2025 for Development Code Amendment No. 2025- 05, and adopted PC Resolution No. 20 25-14 recommending City Council approval of Development Code Amendment No. 2025-05; and
WHEREAS, in accordance with Chapter 17.125 of the Wildomar Municipal Code, the Planning Department, on October 3 , 2025, published a legal notice in the Press Enterprise, a local newspaper of general circulation, notifying the general public of the City Council public hearing set for October 13, 2025, regarding Development Code Amendment No. 2025-05A; and
WHEREAS, in accordance with Section 17.125 of the Wildomar Municipal Code, the City Council conducted a duly noticed public hearing on October 13, 2025, at which time interested persons had an opportunity to testify in support of, or opposition to Development Code Amendment No. 2025-05A, and at which time the City Council received public testimony concerning Development Code Amendment No. 2025-05A.
THE CITY COUNCIL OF THE CITY OF WILDOMAR HEREBY DOES ORDAIN AS FOLLOWS:
SECTION 1: ENVIRONMENTAL DETERMINATION.
In accordance with the requirements of the California Environmental Quality Act (“CEQA”), Public Resources Code § 21000, et seq., and the CEQA Guidelines, Section § 15000, et seq., Development Code Amendment No. 2025- 05A, and its supporting adopting ordinance, is exempt from further environmental review, based on the common sense exemption, CEQA Guideline Section 15061(b)(3), in that the amendments involve general policy and procedure making and it can be seen with certai nty that there is no possibility that this code amendment and ordinance adoption may have a significant effect on the environment. In any case, these amendments involve regulations related to ADUs 455
and residential accessory structures, which are already exempt from CEQA review.
Therefore, the additions and revisions proposed can be seen with certainty that they will not cause any significant impact on the environment. Given these factors, Development Code Amendment No. 2025- 05A meets the criteria for a General Rule Exemption pursuant to Section 15061(b)(3) of CEQA. As a result, the City Council hereby adopts a general rule exemption in accordance with the CEQA Guidelines as stated above. In addition, the implementation of state ADU law is exempt from further CEQA review pursuant to Public Resources Code § 21080.17, and the proposed Development Code Amendment and supporting ordinance implement state ADU law concerning objective standards.
SECTION 2. REQUIRED ZONING ORDINANCE AMENDMENT FINDING.
In accordance with Chapter 17.125 Wildomar Zoning Ordinance, the City Council makes the following finding approving Development Code Amendment No. 2025-05A.
A. The proposed amendment is consistent with the City of Wildomar General Plan and Zoning Ordinance.
The proposed amendment is consistent with the City of Wildomar General Plan in that the proposed amendment will maintain design standards and enhance the character of surrounding areas within the City by allowing additional accessory structure regulations (Goal LU 5). Further, the provisions outlined in the amendment will not impact the visual character of residential development in that the strict regulations will maintain order and consistency related to these uses.
SECTION 3. AMENDMENT OF SECTION 17.185.040 OF THE WILDOMAR
MUNICIPAL CODE
Section 17.185.040 (Development Standards ) of Chapter 17.185 of the Wildomar Municipal Code is hereby amended to add a new subsection H, which will read as follows:
H. Notwithstanding the regulations in this chapter, detached single- story accessory structures, not more than 120 square feet in size and, therefore, not requiring a building permit, may be permitted with a minimum setback of 2 feet to interior side and rear property lines.
SECTION 4. AMENDMENT OF SECTION 17.185.040 OF THE WILDOMAR
MUNICIPAL CODE
Subsection H of Section 17.195.050 (Development Standards) of Chapter 17.185 of the Wildomar Municipal Code is amended in its entirety to read as follows:
H. The architectural design of the ADU shall meet adopted objective design standards or guidelines, if any, and shall match the design of the primary dwelling, as determined 456
by the Community Development Director or designee, using objective design standards or guidelines, if any.
SECTION 5. SEVERABILITY
If any Chapter, 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 will 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 Chapter, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more Sec tions, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 6. EFFECTIVE DATE.
This ordinance shall take effect thirty (30) days after its passage by the City Council.
SECTION 7. CITY CLERK ACTION
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 Chapter 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Chapter 39633(c).
INTRODUCED AND APPROVED FOR FIRST READING this 13th, day of October 2025.
_____________________
Ashlee DePhillippo
Mayor
APPROVED AS TO FORM: ATTEST:
____________________________ ___________________________ Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
457
DEVELOPMENT CODE AMENDMENT
2025
-
05 A
Shed
Setbacks, and ADU Standards
City Council
Meeting
October 13
, 2025
458
The
Council
has requested staff to modify the setbacks for
sheds under 120 sq ft.
S
taff is
also
proposing a minor change to ADU regulations to
comply with state objective standard requirements.
The PC reviewed the proposed code amendment at its
September 3,
2025
meeting and recommended City Council
approval.
The
following slide will summarize the proposed changes.
459
Summary of Revised Changes
The following is a summary of the notable changes to the code:
Chapter 17.185 (Accessory Structures) is being amended to revise an existing subsection to add setbacks specific to sheds under 120 square feet.
Chapter
17.195 (Accessory Dwelling Units) is being amended to revise an existing subsection to modify the requirement that the architectural design of new ADUs shall match the design of the primary dwelling unit. 460
Recommendation:
The Planning Commission recommends the City Council take the following actions
:
1. Determine that Development Code Amendment (DCA) No. 2025 -
05A, and
associated Ordinance No. [next in order], is exempt under the California Environmental Quality Act (CEQA) and CEQA Guidelines, pursuant to the common
sense
exemption, Section 15061(b)(3) of the CEQA Guidelines.
2. Introduce Ordinance No. ___ and conduct the first reading by title only for ordinance, based on the necessary finding within, entitled:
ORDINANCE NO. _____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WILDOMAR, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT NO. 2025
-
05A TO REVISE VARIOUS CHAPTERS WITHIN TITLE 17
(DEVELOPMENT CODE) OF THE WILDOMAR MUNICIPAL CODE, INCLUDING CHAPTER 17.185 (ACCESSORY STRUCTURES) AND CHAPTER 17.195 (ACCESSORY DWELLING UNITS)
3. Direct the City Clerk to schedule the second reading of Ordinance No. ____ at the next regular City Council meeting or as soon thereafter as feasible. 461
CITY OF WILDOMAR
REGULAR MEETING
GENERAL BUSINESS
Agenda Staff Report # 3.1
Meeting Date: October 13, 2025
SUBJECT:
Introduction, First Reading, and setting of the Public Hearing for the 2025 California Building Standards Code Update
SUBMITTED BY:
Scott Burns, Chief Building Official
PREPARED BY:
Scott Burns, Chief Building Official
ACTION:
1. Introduce and approve the first reading of an Ordinance entitled :
ORDINANCE NO._____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AMENDING CHAPTERS 15.08, 15.12, 15.16, 15.18, 15.20, 15.22, 15.24, 15.28, 15.32, 15.38 AND 15.52 OF THE WILDOMAR MUNICIPAL CODE TO ADOPT THE 2025 EDITION OF
THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PARTS 2 THROUGH 12, INCLUSIVE), WITH SPECIFIED APPENDICES, AND INCLUDING ALL AMENDMENTS THERETO.
2. Introduce and approve the first reading of an Ordinance entitled:
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AMENDING CHAPTERS 8.28 OF THE WILDOMAR MUNICIPAL CODE TO ADOPT THE 2025 CALIFORNIA FIRE CODE AND CREATION OF CHAPTER 8.30 TO ADOPT THE 2025
WILDLAND-URBAN INTERFACE CODE EDITIONS OF THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PARTS 2 THROUGH 12, INCLUSIVE)
3. Set the public hearing for November 12, 2025, to hear testimony in these matters.
SUMMARY:
The California Building Standards Commission adopts updated editions of the California Building Standards Code (Title 24) every three years. These regulations are based on national model codes, including the International Building Code, International Residential Code, Uniform Plumbing Code, Uniform Mechanical Code, National Electrical Code, and the Green Building Code.
The 2025 California Codes become effective statewide on January 1, 2026. All cities and counties are required to enforce these standards, with the ability to adopt reasonable local amendments based on unique climatic, geological, or topographical conditions.
The proposed ordinance adopts the 2025 Codes with minor local amendments, ensuring the City of Wildomar remains in compliance with state law and continues to provide standards that 462
protect public health, safety, and welfare.
BACKGROUND:
The California Building Standards Commission (CBSC) is the regulatory body responsible for reviewing and adopting building standards to be used throughout the state of California.
These regulations establish the minimum standards for preserving life, safety, health, and welfare during the construction, alteration, and repair of the built environment. The CBSC updates these codes every three (3) years.
DISCUSSION:
In July of 2025, the California Building Standards Commission (CBSC) adopted the 2025 edition of the California Building Standards Code, which is based upon a group of codes promulgated by the International Code Council (ICC) family of codes, the International Association of Plumbing and Mechanical Officials (IAPMO), and the National Fire Protection Association (NFPA). It is this collaboration of codes that make up the California Code of Regulations, Title 24, also known as the California Building Standards Code. The 2025 California Building Standards Code goes into effect on January 1, 2026.
Health & Safety Code Sections 17922 and 17958 mandate that counties and cities adopt an ordinance adopting by reference the California Building Standards Code. However, cities are allowed to make amendments to the Code due to the existence of unique regional and/or local climatic, topographical, or geographical conditions. Findings must be made supporting the amendments and submitted to the State Department of Housing and Community Development (HCD) for confirmation. The attached Ordinance includes such local amendments to the Code and goes into effect 30 days after Ordinance adoption.
The proposed ordinance adopts the 2025 California Building Standards Code by reference and makes certain amendments to the Code. Staff recommends only very minimal amendments to these Codes. The amendments proposed are primarily administrative in nature. Administrative amendments do not require findings supporting their adoption. The substantive amendments that are made are to the Fire Code, the Residential Code (Table R301.2), and the Wildland–Urban Interface (WUI) Code. The amendments to the Residential Code are required by that Code (there is a blank table that each jurisdiction is required to fill in with local climatic, seismic, and design criteria). The amendments to the Fire Code were prepared by the Riverside County Fire Department and submitted to the City to include in the draft Ordinance (refer to Attachment B). The adoption of the WUI Code reflects the State’s heightened emphasis on wildfire resiliency in high fire hazard severity zones.
Government Code Section 50022.2 provides the procedures for adopting an ordinance that adopts by reference other codes. This section requires that a public hearing on the proposed ordinance be set after the first reading of the ordinance is conducted. In addition, Government Code Section 36934 provides that an ordinance can only be adopted at a regular or adjourned regular meeting of the City Council.
FISCAL IMPACT:
There is no fiscal impact to the adoption of these codes.
ATTACHMENTS:
2025_Draft__CBC__Ordinance.docx
2025_Draft_CFC_ Ordinance.docx
2025_ Code _Update_Powerpoint.pptx
463
464
1 ATTACHMENT A
Draft CBC Ordinance
465
2 ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AMENDING CHAPTERS 15.08, 15.12, 15.16, 15.18, 15.20,
15.22, 15.24, 15.28, 15.32, 15.38, AND 15.52 OF THE WILDOMAR MUNICIPAL CODE TO ADOPT THE 2025 EDITION OF THE
CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF
REGULATIONS, TITLE 24, PARTS 2 THROUGH 12, INCLUSIVE), WI TH
SPECIFIED APPENDICES, AND INCLUDING ALL AMENDMENTS
THERETO.
THE CITY COUNCIL OF THE CITY OF WILDOMAR DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals.
1. The California Building Standards Commission adopts a comprehensive update to the California Building Standards Code, codified as Title 24 of the California Code of Regulations, every three years.
2. Under California Health and Safety Code section 17922(a), such building standards and regulations are substantially the same as those contained in the most recent editions of the International Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and National Electrical Code, and are distinguished by being referenced by the California version of the respective code.
3. The Commission has complete d the 2025 update to the California Building Standards Code (“2025 Code”) and made those updates available to the public by July 1, 2025.
4. The 2025 Code takes effect in all jurisdictions on January 1, 202 6, under California Health and Safety Code section 17 958 and 2025 California Building Code, Appendix Chapter 1, Section 1.8.6.
5. California Health and Safety Code sections 17922 and 17958 mandate that counties and cities adopt ordinances and regulations imposing the same requirements as are contained in the 2025 Code.
6. The City is authorized by Health and Safety Code Sections 17958.7 and 18941.5 and California Gover nment Code Section 50022.2 to adopt amendments to the 2025 Code in order to incorporate appendices, address unique administrative requirements of the City, and in order to modify building standards to the extent that the modifications are reasonably necess ary because of local climatic, geological, or topographical conditions.
7. The City has previously adopted local amendments to previous versions of the California Building Standards Code, and codified those local amendments in Chapters 15.12, 15.16, 15.18, 15 .20, 15.22, 15.24, 15.28, 15.32, 466
3 15.38, and 15.52 of the Wildomar Municipal Code.
8. On October 1 3, 2025, the City Council held first reading of an ordinance to amend Chapters 15.12, 15.16, 15.18, 15.20, 15.22, 15.24, 15.28,
15.32, 15.38, 15.38 and 15.52 of t he Wildomar Municipal Code, to adopt and amend the 2025 Code, including the local amendments specific to the City of Wildomar (the “Ordinance”).
9. The City Council finds that it is to the benefit of the City of Wildomar to adopt the 2025 Code, as amended by this Ordinance, because it provides minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location, and maintenance of all building s and structures within the City.
SECTION 2: Compliance with CEQA.
The City Council hereby finds that the action to adopt this Ordinance to amend Chapters 15.08, 15.12, 15.16, 15.18, 15.20,15.22, 15.24, 15.28, 15.32, 15.38, 15.38 and
15.52 of the Wildom ar Municipal Code is exempt from the provisions of the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) (CEQA) because the action is exempt from environmental review under CEQA Guidelines Section 15061(b)(3). The activity is covered by the general rule, which exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment. The Ordinance introduces standards to regulate certain behavior in order to protect health, safety, and public welfare, and does not authorize activities or development that could potentially have a physical impact on the environment. Buildings and development projects that are subject to CEQA are reviewed individually prior to the issuance of a building permit. Moreover, State law provides that the 2025 Building Codes will take effect in the City even if the City does not adopt this ordinance, as is required by law. Accordingly, the City Council hereby finds that it can be seen with certainty that there is no possibility the adoption and implementation of this Ordinance may have a significant effect on the environment.
SECTION 3: Findings.
Based on the whole record before it, the City Council finds that the local amendments to the California Building Standards Code set forth in this Ordinance are reasonably necessary because of the following determinations due to local climatic, geological, and/or topographical conditions:
1. The amendments to the 2025 California Fire Code are justified by th e local geological, topographical, and climatic conditions identified and set forth in Exhibit A, attached hereto and incorporated herein by reference.
2. The amendments to the 2025 California Residential Building Code are justified by local climatic and geographic conditions specific to the City of Wildomar and are required to be noted in Table 301.2 as specified in Section R301.2.
3. The remaining amendments made by this Ordinance are administrative in 467
4 nature and findings are not required to make these amendments.
SECTION 4: Amendment of Chapter 15.08
Chapter 15.08 of the Wildomar Municipal Code is amended to read in its entirety as follows:
15.08.010 Adopted by Reference. The 2025 California Administrative Code, (California Code of Regulations, Title 24, Part 1) as published by the California Building Standards Commission, is hereby adopted by reference and incorporated into this Title 15 of the Wildomar Municipal Code. A copy of the 2025 California Administrative Code shall be on file in the office of the City Clerk.
SECTION 5 Amendment of Chapter 15.12.
Chapter 15.12 of the Wildomar Municipal Code is amended to read in its entirety as follows:
“Chapter 15.12
Building Code
Sections:
15.12.010 Building Code Adopted
15.12.020 Fees
15.12.030 Board of Appeals
15.12.040 Fences
15.12.010 Adoption by Reference -Building Code. Except as hereinafter changed or modified, the 2025 California Building Code (California Code of Regulations, Title 24, Part 2), along with Appendices C, H, I, and J, of that certain building code, as published by the California Building Standards Commission, is hereby adopted by reference and incorporated into this Title 15 of the Wildomar Municipal Code. A copy of the 2025 California Building Code, including the above-designated appendices, shall be on file in the office of the City Clerk.
15.12.020 Fees. Chapter 1, Section 1.8.4. Permit Fees, Applications and Inspections is amended by adding the following:
On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid in accordance with the schedule as established by resolution of the City Council of the City of Wildomar.
15.12.030 Board of Appeals.
A. Section 1.8.8.1 of Chapter 1 is amended to read in its entirety as follows:
1.8.8.1 General . In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the applicat ion and interpretation of this code, there shall be and is hereby created a Building Board of Appeals. The 468
5 Building Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business. In the event the City Council fails to appoint such a Board, the Planning Commission shall function as such.
B. Section 1.8.8.2 of Chapter 1 is repealed in its entirety.
C. Section 1.8.8.3 of Chapter 1 is amended to read in its entirety as follows:
1.8.8.3 Appeals. Except as otherwise provided in law, any person, firm or corporation adversely affected by a decision, order or determination by a city, county, or city and county relating to the application of building standards published in the California Building Standards Code, or any other applicable rule or regulation adopted by the Department of Housing and Community Development, or any lawfully enacted ordinance the City, may appeal the issue for resolution to the Building Board of Appeals.
D. Section 1.8.8 of Chapter 1 is further amended by adding the following sections:
1.8.8.4 Limitations on Authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted ther eunder has been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The Board shall have no authority to waive requirements of this code.
1.8.8.5 Qualifications. The Building Board of Appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the City. The Building Official shall act as secretary to the Board.
1.8.8.6 Accessibility Appeals Board. In order to conduct the hearings on written appeals regarding action taken by the Building Official and to ratify certain exempting actions of the Building Official in enforcing the accessibility requirements of Title 24 of the California Code of Regulations for privately -funded construction, to serve as an advisor to the Building Official on disabled access matters, and to make recommendations to the City Council on appeals of decisions made by the Building Official on City -funded buildings, there shall be an Accessibility Appeals Board. The Accessibility Appeals Board shall consist of five members. Two members of the Appeals Board shall be physically disabled persons, two members shall be persons experienced in construction, and one member shall be a public member. The Building Official shall act as Secretary to the Board. The members of the Accessibility Appeals Board shall be appointed by the City Council and shall hold office at its pleasure.
The Accessibility Appeals Board may approve or disapprove interpretations and enforcement actions taken by the Building Official. All such approvals or disapprovals for privately funded construction shall be final and conclusive as to the Building Official in the absence of fraud or prej udicial abuse of discretion. The Board shall adopt regulations establishing procedural rules and criteria for the carrying out of its duties. 469
6 SECTION 6: Amendment of Chapter 15.16.
Chapter 15.16 of the Wildomar Municipal Code is amended to read in its entirety as follows:
“Chapter 15.16
Residential Code
Sections:
15.16.010 Adoption of the California Residential Code
15.16.020 Modification of the California Residential Code
15.16.010 Adoption of the California Residential Code. Except as hereinafter modified or changed, the 2025 California Residential Code (California Code of Regulations, Title 24, Part 2.5), along with appendix CI of that certain residential code, as published by the California Building Standards Commission , is hereby adopted by reference and incorporated into this Title 15 of the Wildomar Municipal Code. A copy of said California Residential Building Code shall be on file in the office of the City Clerk.
15.16.020 Modification of the California Residential C ode. The 2025 California Residential Code is hereby modified as follows:
R301.2 Climatic and geographic design criteria. Buildings shall be constructed in accordance with the provisions of this code as limited by the provisions in this section. Additional criteria shall be established by the local jurisdiction and set forth in Table R301.2
(a) TABLE R301.2 is completed, and footnote (g) is revised, as required by the Residential Building Code, for use in the City of Wildomar. 470
7 TABLE R301.2
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
CITY OF WILDOMAR
Ground
Snow
Load o
WIND DESIGN Seismic
Design
Category f
SUBJECT TO DAMAGE FROM Ice Barrier
Underlayment
Required h
Flood
Hazards g
Air Freezing
Index i
Mean Annual
Temp j Speed d
(mph)
Topographic
Effects k
Special
Wind
Region l
Windborne
Debris
Zone m
Weathering a Frost
Line
Depth b
Termite c
ZERO 110 NO NO NO D2 or E Negligible 12″–24″ Very Heavy NO See revised footnote (g) 10 63.6 °F
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Where weathering requires a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code, the frost line depth strength required for weathering shall govern. The weathering column shall be filled in with the weathering index, "negligible," "moderate" or "severe" for concrete as determined from Figure R301.2(1). The grade of masonry units shall be determined from ASTM C34, ASTM C55, ASTM C62, ASTM C73, ASTM C90, ASTM C129, ASTM C145, ASTM C216 or ASTM C652.
b. Where the frost line depth requires deeper footings than indicated in Figure R403.1(1), the frost line depth strength require d for weathering shall govern. The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade. c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the ultimate design wind speeds map [Figure R301.2 (2)]. Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4. e. The jurisdiction shall fill in this section of the table to establish the design criteria using Table 10A from ACCA Manual J or established criteria determined by the jurisdiction. f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1. g. See City of Wildomar FIRM maps for Flood Hazard locations h. In accordance with Sections R905.1.2, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO." i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99 percent) value on the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)." j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)."
k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed -up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table. 471
8 l. In accordance with Figure R301.2(2), where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with "YES" and identify any specific requirements. Otherwise, the jurisdiction shall indicate "NO" in this part of the table. m. In accordance with Section R301.2.1.2 the jurisdiction shall indicate the wind -borne debris wind zone(s). Otherwise, the jurisdiction shall indicate "NO" in this part of the table.
n. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table 1a or 1b from ACCA Ma nual J or established criteria determined by the jurisdiction.
o. The jurisdiction shall fill in this section of the allowable stress design table using the Ground Snow Loads in Figure R301.2(3). 472
9 SECTION 7: Amendment of Chapter 15.18.
Chapter 15.18 of the Wildomar Municipal Code is amended to read in its entirety as follows:
“Chapter 15.18
Historical Building Code
15.18.010 Adoption of the Historical Building Code. Except as hereinafter modified or changed, the 2025 California Historical Building Code (California Code of Regulations, Title 24, Part 8) published by the California Building Standards Commission is hereby adopted by reference and incorporated into this Title 15 of the Wildomar Municipal Code.
A copy of said California Historical Building Code shall be on f ile in the office of the City Clerk.”
SECTION 8: Amendment of Chapter 15.20.
Chapter 15.20 of the Wildomar Municipal Code is amended to read in its entirety as follows:
“Chapter 15.20
Green Building Code
15.20.010 Adoption of the Green Building Standards Code. Except as hereinafter modified or changed, the 2025 California Green Building Standards Code (California Code of Regulations, Title 24, Part 11) published by the California Building Standards Commission is hereby adopted by reference and incorporate d into this Title 15 of the Wildomar Municipal Code. A copy of said California Green Building Standards shall be on file in the office of the City Clerk.”
SECTION 9: Amendment of Chapter 15.22
Chapter 15.22 of the Wildomar Municipal Code is amended to read in its entirety as follows:
“Chapter 15.22
Energy Code
15.22.010 Adoption of the Energy Code. Except as hereinafter modified or changed, the 2025 California Energy Code (California Code of Regulations, Title 24, Part 6), including Appendix 1 -A, of that certain energy code, as published by the California Building Standards Commission is hereby adopted by reference and incorporated into this Title 15 of the Wildomar Municipal Code. A copy of said California Energy Code shall be on file in the office of the City Clerk.”
SECTION 10: Amendment of Chapter 15.24.
Chapter 15.24 of the Wildomar Municipal Code is amended to read in its entirety as follows:
473
10 “Chapter 15.24
Electrical Code
15.24.010 Adoption of Electrical Code. Except as hereinafter changed or modified, the 2025 California Electrical Code (California Code of Regulations, Title 24, Part 3), as published by the California Building Standards Commission, is hereby adopted by reference and incorporated into this Title 15 of the Wildomar Municipal Cod e. A copy of said California Electrical Code shall be on file in the office of the City Clerk.
SECTION 11: Amendment of Chapter 15.28.
Chapter 15.28 of the Wildomar Municipal Code is amended to read in its entirety as follows:
“Chapter 15.28
Mechanical Code
15.28.010 Adoption of Mechanical Code. Except as hereinafter changed or modified, the 2025 California Mechanical Code (California Code of Regulations, Title 24, Part 4), along with Appendices D of that certain mechanical code, as published by the California Building Standards Commission, is hereby adopted by reference and incorporated into this Title 15 of the Wildomar Municipal Code. A copy of said California Mechanical Code, including the above-designated appendix, shall be on file in the office of the City Clerk.” SECTION 12: Amendment of Chapter 15.32.
Chapter 15.32 of the Wildomar Municipal Code is amended to read in its entirety as follows:
“Chapter 15.32
Plumbing Code
15.32.010 Adoption of Plumbing Code. Except as hereinafter changed or modified, the 2025 California Plumbing Code (California Code of Regulations, Title 24, Part 5), as published by the California Building Standards Commission, is hereby adopted by reference and incorporated into this Title 15 of the W ildomar Municipal Code. A copy of said California Plumbing Code shall be on file in the office of the City Clerk.” SECTION 13: Amendment of Chapter 15.38.
Chapter 15.38 of the Wildomar Municipal Code to amended to read in its entirety as follows:
“Chapter 15.38
Referenced Standards Code
15.38.010 Adoption of Referenced Standards Code. Except as hereinafter modified or changed, the 2025 California Referenced Standards Code (California Code of Regulations, Title 24, Part 12) , as published by the Califor nia Building Standards 474
11 Commission is hereby adopted by reference and incorporated into this Title 15 of the Wildomar Municipal Code. A copy of said California Referenced Standards Code shall be on file in the office of the City Clerk.”
SECTION 14: Amendment of Chapter 15.52.
Chapter 15.52 of the Wildomar Municipal Code is amended to read in its entirety as follows:
“Chapter 15.52
Existing Building Code
“15.52.010 Adoption of Existing Building Code. Except as hereinafter changed or modified, the 2025 California Existing Building Code (California Code of Regulations, Title 24, Part 10), including Appendix Chapter A -1,of that certain existing building code, as published by the California Building Standards Commission, is hereby adopted by reference and incorporated into this Title 15 of the Wildomar Municipal Code. A copy of said California Existing Building Code shall be on file in the office of the City Clerk.”
SECTION 15: 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, subdivisions, sentences, clau ses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 16: Effective Date.
This Ordinance shall become effective thirty (30) days after its passage by the City Council.
SECTION 17: Publication.
The City Clerk shall certify to the adoption of this Ordinance and cause same to be posted in the three designated posting places within the City of Wildomar within 15 days after its passage.
INTRODUCED AND APPROVED FOR FIRST READING this 13th day of October, 2025.
475
12 ________________________
Ashlee DePhillippo
Mayor
APPROVED AS TO FORM: ATTEST:
________________________ _________________________
Thomas D. Jex Janet Morales
City Attorney City Clerk
476
ATTACHMENT B
Draft CFC Ordinance
477
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR, CALIFORNIA, AMENDING CHAPTERS 8.28
OF THE WILDOMAR MUNICIPAL CODE TO ADOPT THE
2025 CALIFORNIA FIRE CODE AND CREATION OF
CHAPTER 8.30 TO ADOPT THE 2025 WILDLAND-URBAN
INTERFACE CODE EDITIONS OF THE CALIFORNIA
BUILDING STANDARDS CODE (CALIFORNIA CODE OF
REGULATIONS, TITLE 24, PARTS 2 THROUGH 12,
INCLUSIVE)
THE CITY COUNCIL OF THE CITY OF WILDOMAR DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals.
1. The California Building Standards Commission adopts a comprehensive update to the California Building Standards Code, codified as Title 24 of the California Code of Regulations, every three years.
2. Under California Health and Safety Code section 17922(a), such building standards and regulations are substantially the same as those contained in the most recent editions of the International Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and National Electrical Code, and are distinguished by being referenced by the California version of the respective code.
3. The Commission has completed the 202 5 update to the California Building Standards Code (“2025 Code”) and made those updates available to the public by July 1, 2025.
4. The 202 5 Code takes effect in all jurisdictions on January 1, 202 6, under California Health and Safety Code section 17958 and 20 25 California Building Code, Appendix Chapter 1, Section 1.8.6
5. California Health and Safety Code sections 17922 and 17958 mandate that counties and cities adopt ordinances and regulations imposing the same requirements as are contained in the 2025 Code.
6. The City is authorized by Health and Safety Code Sections 17958.7 and 18941.5 and California Government Code Section 50022.2 to adopt amendments to the 2025 Code in order to incorporate appendices, address unique administrative requirements of the City, and in order to modify building standards to the extent that the modifications are reasonably neces sary because of local climatic, geological, or topographical conditions.
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7. The City has previously adopted local amendments to previous versions of the California Building Standards Code, and codified those local amendments in Chapters 8.28, of the Wildomar Municipal Code.
8. On October 13, 2025, the City Council held first reading of an ordinance to amend Chapters 8.28, of the Wildomar Municipal Code, to adopt and amend the 202 5 Code, including the local amendments specific to the City of Wildomar (the “Ordinance”).
9. The City Council finds that it is to the benefit of the City of Wildomar to adopt the 2025 Code, as amended by this Ordinance, because it provides minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures within the City.
SECTION 2: Compliance with CEQA.
The City Council hereby finds that the action to adopt this Ordinance to amend Chapters 8.28 of the Wildomar Municipal Code, of the Wildomar Municipal Code, is exempt from the provisions of the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) (CEQA) because the action is exempt from environmental review under CEQA Guidelines Section 15061(b)(3). The activity is covered by the general rule which exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment. The Ordinance introduces standards to regulate certain behavior to protect the health, safety, and public welfare, and does not authorize activities or development that could potentially have a physical impact on the environment. Buildings and development projects that are subject to CEQA are reviewed individually prior to issuance of building permit. Moreover, State law provides that the 2025 Building Codes will take effect in the City even i f the City does not adopt this ordinance, as is required by law. Accordingly, the City Council hereby finds that it can be seen with certainty that there is no possibility the adoption and implementation of this Ordinance may have a significant effect on the environment.
SECTION 3: Findings.
Based on the whole record before it, the City Council finds that the local amendments to the California Building Standards Code set forth in this Ordinance are reasonably necessary because of the following determinati ons due to local climatic, geological, and/or topographical conditions:
1. The amendments to the 202 5 California Fire Code are justified by the local geological, topographical, and climatic conditions identified and set forth in Exhibit A, attached hereto and incorporated herein by reference.
2. The amendments to the 2025 California Residential Building Code are justified by local climatic and geographic conditions specific to the City of Wildomar and are required to be noted in Table 301.2(1) as specified in Section R301.2. 479
3. The remaining amendments made by this Ordinance are administrative in nature and findings are not required to make these amendments.
SECTION 4: Amendment of Chapter 8.28
Chapter 8.28 of the Wildomar Municipal Code is amended in its entirety to read as flows and incorporated herein, by reference.
CHAPTER 8.28
FIRE CODE
Sections
8.28.010 Findings and Adoption
8.28.020 Amendments to the California Fire Code
8.28.030 Penalties
8.28.010 Findings and Adoption.
A. Findings. The City Council finds as follows:
1. Every three years the State of California adopts a new California Fire Code and California Wildland -Urban Interface Code , as part of the California Building Standards Code, which becomes effective as to the City of Wildomar and Riverside County 180 days after publication by the California Building Standards Commission.
2. The International Fire Code has been published and adopted, as amended, by the California Building Standards Commission into the California Code of Regulations as Title 24, Part 9, titled the California Fire Code.
3. The International Wildland-Urban Interface Code has been published and adopted, as amended, by the California Building Standards Commission into the California Code of Regulations as Title 24, Part 7, tit led the California Wildland -Urban Interface Code.
4. The City of Wildomar may establish more restrictive standards reasonably necessary to provide fire protection for life and property because of local climatic, geological or topographical conditions.
a. Climatic Conditions:
i. The City of Wildomar is located in western Riverside County in Southern California and covers a vast and varied geographic area. The base climate in western Riverside County consists of semi-arid Mediterranean weather patterns. This area annually experiences extended periods of high temperatures with little precipitation. Hot, dry winds, which may 480 reach speeds of 70 M.P.H. or greater, are common to the area.
Examples are Santa Ana/Foehn winds, afternoon surface -heating generated winds, and prevailing desert winds.
These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagra tion) which necessitate rapid identification, locating and extinguishment of all fires in the smallest stage possible. In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the County. Obstacles generated by a strong wind, such as fallen trees, streetlights and utility poles, will greatly impact the response time to reach an incident scene.
During these winds, the inability to use aerial type firefighting apparatus would further decrease our ability to stop fires in large buildings and place rescue personnel at increased risk of injury.
ii. Although Riverside County and the City of Wildomar occasionally experiences periods of significant drought, the County and City can also experience periods of substantial rainfall. Runoff from rain drains either naturally into rivers, washes, and creeks or into flood control facilities.
Flash flooding, although uncommon, can be problematic. Flash flooding is typically associated with short duration, high intensity precipitation events often associated with summer thunderstorms. Such events can occur even during a drought.
iii. Water demand in densely populated Southern California far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already -taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California. Due to storage capacities and consumption, and a limited amount of rainfall future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features.
It would also leave tall buildings vulnerable to uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of available water to floors in a fire.
These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high -density housing or vegetation.
These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features such as identification and notification will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent. 481
b. Topographical conditions
i. A. Natural: The topographical conditions of the City of Wildomar vary from the valley floor in the center of the city, to surrounding hills of the Santa Rosa Plateau in the west, and the rolling hills in the east. A large number of sensitive habitats for various animal species and vegetation consist within large open space in the areas that surround urban centers that impact building and structure location, which impedes emergency access and response. This variety in regions contributes to an increased emergency response time, which necessitates cooperation between local agencies.
ii. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout Riverside County.
iii. These topographical conditions combine to create a situation, which places fire department response time to fire occurrences at risk and makes it necessary to provide automatic on -site fire-extinguishing systems and other protection measures to protect occupants and property.
c. Geological Conditions
i. A. Located within Riverside County , the City of Wildomar is located in the Elsinore Trough, a portion or the larger Elsinore Fault. The Wildomar and Willard faults run parallel to the valley floor in this area. In the event of an earthquake, the location of the epicenter as well as the time of day and season of the year would have a profound effect on the number of deaths and casualties, as well as property damage.
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ii. The major form of direct damage from most earthquakes is damage to construction. Bridges are particularly vulnerable to collapse, and dam failure may generate major downstream flooding. Buildings vary in susceptibility, dependent upon construction and the types of soils on which they are built. Earthquakes destroy power and telephone lines; gas, sewer, or water mains; which, in turn, may set off fires and/or hinder firefighting or rescue efforts. The hazard of earthquakes varies from place to place, dependent upon the regional and local geology. Ground shaking may occur in areas 65 miles or more from the epicenter (the point on the ground surface above the focus). Ground shaking can change the mechanical properties of some fine grained, saturated soils, where upon they liquefy and act as a fluid (liquefaction).
iii. Previous earthquakes in southern California have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. With the probability of strong aftershocks there exists a need to provide increased protection for anyone on upper floors of buildings.
i v. Road circulation features located throughout Riverside County, and in the City of Wildomar also make amendments reasonably necessary.
Located through the County and City are major roadways, highways and flood control channels that create barriers and slow response times.
Hills, slopes, street and storm drain design accompanies with occasional heavy rainfall, causes roadway flooding and landslides and at times may make an e mergency access route impassable. There are areas in Riverside County that naturally have extended emergency response times that exceed the 5-minute goal. California Health and Safety Code Sections 17958.7 and 18941.5 require that the modification or chang e be expressly marked and identified as to which each finding refers.
Therefore, the City Council finds that the following table sets forth the 2022 California Fire Code sections that have been modified and the associated local climatic, geological and/or topographical conditions described above supporting the modification.
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2025 CODE SECTION TITLE/SUBJECT FINDINGS I, II,
III
101.4 Severability Administrative
102.5 Application of the residential code I, II & III
102.13.1 Application of the California Wildland-Urban Interface Code Administrative 104.1.1 Authority of the Fire Chief and Fire Department Administrative 104.8 and 104.8.1 Liability Administrative
104.12 Authority of the Fire Chief to close hazardous fire areas Administrative 108.2 Fees Administrative
107.7 Cost Recovery Administrative
112.1 Board of Appeals established Administrative
113.4 Violation and Penalties Administrative
202 Fire Chief Administrative
308.1.7 Sky Lanterns I, II & III
503.1.2.1 Remoteness I, II, & III
503.2.1 Dimensions Administrative
503.2.2 Authority Administrative
503.6.1 Automatic opener Administrative
503.7 Loading areas and passenger drop-offs Administrative 507.5.7 Fire hydrant size and outlets I & III
507.5.8 Fire hydrant street marker I, II & III
508.1, 508.1.1, 508.1.3 Fire command center I, II & III 509.2.1 Minimum clearances I & III
608.11.1.2 Manual operation II & III
903.2 Where required (automatic sprinkler systems) I, II & III 903.3.5.3 Hydraulically calculated systems I & II
3206.4.2 General Fire Protection and Life Safety Features Administrative 5608.2 Fallout Area I, II & III
App Ch B, Table
B105.2 Buildings other than one- or two-family dwellings I, II & III App Ch C, C103.1 Fire hydrant location I, II & III
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B. Purpose. The purpose of this ordinance is to adopt the 2025 California Fire Code, California Code of Regulations, Title 24, Part 9, and the 2025 California Wildland- Urban Interface Code, California Code of Regulations, Title 24, Part 7, as amended, to govern the safeguarding of life and property from fire, explosion hazards and hazardous conditions and to regulate the issuance of permits and collection of fees.
C. Authority. This ordinance is adopted pursuant to Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 which allow a county to adopt modifications or changes to the California Fire Code and the California Wildland-Urban Interface Code that are reasonably necessary because of local climatic, geological and topographical conditions.
D. Application and Adoption of the California Fire Code. Except as stated in this Section or as amended below in Section 5 of this ordinance, all of the provisions and appendices of the 2025 California Fire Code, inclusive of all of the inclusion s and exclusions set for in each chapter’s matrix, are hereby adopted and shall apply to the City of Wildomar. In addition, the following provisions that are excluded in the 2025 California Fire Code are hereby adopted - Chapter 1, Division II of the California Fire Code is hereby adopted, except that Section 103.2 and 112.3 are not adopted, and Chapters 3, 25, and Sections 503, 510.2, 1103.2 and 5707 are adopted.
8.28.020 AMENDMENTS TO THE CALIFORNIA FIRE CODE.
CHAPTER 1 SCOPE AND GENERAL REQUIREMENTS
Section 101.4 of the California Fire Code is deleted in its entirety and replaced with the following:
101.4 Severability. If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are hereby declared to be severable.”
Section 102.5 of the California Fire Code is amended as follows:
102.5 Application of residential code. Where structures are designed and constructed in accordance with the California Residential Code, the provisions of this code shall apply as follows:
1. Construction and design provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus access and water supplies. Where interior or exterior systems or devices are installed, construction permits required by Section 105.6 of this code shall apply.
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2. Administrative, operational and maintenance provisions of this code shall apply.
3. Automatic fire sprinkler system requirements of this code shall apply to detached accessory buildings 3,600 square feet or greater in accordance with Section 903.2. The provisions contained in Section 903.2.18 of the California Fire Code or Section R317.5.1 of the California Residential Code may be used for the design of the automatic fire sprinkler system for detached private garages.”
4. A new Section 102.13.1 is added to Section 102.13 of the California Fire Code to read as follows:
102.13.1 Application of the California Wildland-Urban Interface Code.
Where a conflict exists between the provisions of the City of Wildomar Fire Code and the California Wildland -Urban Interface Code, the more restrictive provisions shall apply.
104.1.1 Authority of the Fire Chief, Chief Deputy, and Fire Department.
1. The Fire Chief, Chief Deputy, or their designee, is authorized and directed to enforce all applicable State fire laws and provisions of this ordinance and to perform such duties as directed by the City Council.
2. The Fire Chief, Chief Deputy, or their designee, is a uthorized to administer, interpret and enforce this ordinance. Under the Fire Chief, Chief Deputy, or their designee’s direction, the Riverside County Fire Department is authorized to enforce ordinances of the City of Wildomar pertaining to the following:
2.1. The prevention of fires.
2.2. The suppression or extinguishment of dangerous or hazardous fires.
2.3. The storage, use and handling of hazardous materials.
2.4. The installation and maintenance of automatic, manual and other private fire alarm systems and fire extinguishing equipment.
2.5. The maintenance and regulation of fire escapes.
2.6. The maintenance of fire protection and the elimination of fire hazards on land, in buildings, structures and other property, including those under construction.
2.7. The maintenance of means of egress.
2.8. The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials.
3. The following persons are hereby authorized to interpret and enforce the provisions of this ordinance and to make arrests and issue citations as authorized by law:
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3.1. The Unit Chief, Peace Officers and Public Officers of the California Department of Forestry and Fire Protection.
3.2. The Fire Chief, Peace Officers and Public Officers of the Riverside County Fire Department.
3.3. The Riverside County Sheriff and any deputy sheriff.
3.4. The Police Chief and any police officer of any city served by the Riverside County Fire Department.
3.5. Officers of the California Highway Patrol.
3.6. Code Officers of the City of Wildomar Code Enforcement Department.
3.7. Peace Officers of the California Department of Parks and Recreation.
3.8. The law enforcement officer of the Federal Bureau of Land Management.
Section 104.2 of the California Fire Code is deleted and replaced with the following:
104.2 Determination of compliance. The fire code official shall have the authority to determine compliance with this code, to render interpretations of this code and to develop policies, procedures, guidelines, standards, and information bulletins in order to clarify the application of its provisions. Such interpretations, policies, procedures:
1. Shall be in compliance with the intent and purpose of this code.
2. Shall not have the effect of waiving requirements specifically provided for in this code.
3. Shall be enforceable as part of this code.
Section 104.8 and 104.8.1 of the California Fire Code is deleted in its entirety and replaced with the following:
104.8 Liability. Any liability against Riverside County or the City of Wildomar or any officer or employee for damages resulting from the discharge of their duties shall be as provided by law.
A new Section 104.12 is added to Section 104 of the California Fire Code to read as follows:
104.12 Authority of the Fire Chief to close hazardous fire areas. Except upon National Forest Land, the Fire Chief is authorized to determine and announce the closure of any hazardous fire area or portion thereof. Any closure by the Fire Chief for a period of more than fifteen (15) calendar days must be approved by the Riversi de County Board of Supervisors within fifteen (15) calendar days of the Fire Chief’s original order of closure. Upon such closure, no person shall go in or be upon any hazardous fire area, except upon the public roadways and inhabited areas. During such closure, the Fire Chief shall erect and maintain at all entrances to the closed area sufficient signs giving notice of closure. This section shall not prohibit residents or owners of private property within any closed area, or their invitees, from going in o r being 487 upon their lands. This section shall not apply to any entry, in the course of duty, by a peace officer, duly authorized public officer or fire department personnel. For the purpose of this section, “hazardous fire area” shall mean public or private land that is covered with grass, grain, brush or forest and situated in a location that makes suppression difficult resulting in great damage. Such areas are designated on Hazardous Fire Area maps filed with the office of the Fire Chief.
Section 108.2 of the California Fire Code is deleted in its entirety and replaced with the following:
108.2 Schedule of permit fees. Fees for services and permits shall be as set forth in the City of Wildomar fee schedule.
A new Section 108.7 is added to Section 108 of the California Fire Code to read as follows:
108.7 Cost Recovery. Pursuant to California Health and Safety Code sections 11374.5(b)(1 ), 13009 et seq., 25259.4, 25515(a), 25540(a), 25541 (a), California Government Code sections 53150 et seq, and all other provisions of law, all costs incurred by the Riverside County Fire Department for the inspection and enforcement of any provision of these Codes, the investigation of any fire, explosion or other hazardous condition, the suppression of fire, the response to a traffic collision or accident, the containment and/or mitigation of a hazardous materials release, and any rescue or rendering of medical or physical aid or assistance, may be charged to any responsible party, any person who violates these Codes or any person who, due to a negligent or unlawful act or omission, is responsible for or requires or causes the emergency response of Riverside County Fire Department. Any expense incurred by the Riverside County Fire Department for such an emergency response s hall constitute a debt of such person and shall be collectible by the County in the same manner as in the case of an obligation under contract, express or implied. These provisions shall be applied uniformly against all such persons in violation of a Pena l Code, Vehicle Code, Health and Safety Code or other state law statutory violation; only a county official shall have authority to reduce or cancel the debt obligation arising from the incident.
Section 112.1 of the California Fire Code is deleted in its entirety and replaced with the following:
112.1 Board of appeals established. The Board of Appeals shall be the City Manager.
If he or she determines an outside board is needed, he or she shall designate an outside hearing officer to hear the appeal. The Fire Chief and Chief Deputy shall be notified of any appeal and the Fire Chief, Chief Deputy, or their designees shall be in attendance at the appeal hearing. Depending on the subject of the appeal, specialized expertise may be solicited, at the expense o f the applicant, for the purpose of providing input to the Appeals Board.
Section 112.4 of the California Fire Code is deleted in its entirety and replaced with the following: 488
113.4 Violation and penalties. It shall be unlawful for any person, firm, corp oration or association of persons to violate any provision of this ordinance, or to violate the provisions of any permit granted pursuant to this code or ordinance. Punishments and penalties for violations shall be in accordance with the City of Wildomar ordinances, fee schedule and Health and Safety Code Sections 17995 through 17995.5.”
CHAPTER 2 DEFINITIONS
Section 202, definition of “Fire Chief” in the California Fire Code is deleted in its entirety and replaced with the following:
FIRE CHIEF. The Fire Chief of Riverside County or the Fire Chief’s designee.
CHAPTER 3 GENERAL REQUIREMENTS.
Section 308.1.7 of the California Fire Code is deleted in its entirety and replaced with the following:
308.1.7 Sky lanterns or similar devices . A person shall not release or cause to be released a sky lantern or similar device.
CHAPTER 5 FIRE SERVICE FEATURES.
A new Section 503.1.2.1 is added to Section 503.1.2 of the California Fire Code to read as follows:
503.1.2.1 Remoteness. Unless otherwise approved, where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one-half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses.
Section 503.2.1 of the California Fire Code is deleted in its entirety and replaced with the following:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7315 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). For additional requirements or alternatives see Riverside County Fire Department Standards and Policies, as may be amended from time to time.
Section 503.2.2 of the California Fire Code is deleted in its entirety and replaced with the following:
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503.2.2 Authority. The fire code official shall be the only authority authorized to designate fire apparatus access roads and fire lanes and to modify the minimum fire lane access widths for fire or rescue operations.
A new Section 503.6.1 is added to Section 503.6 of the California Fire Code to read as follows:
503.6.1 Automatic opener. New motorized gates shall be provided with means to be automatically opened remotely by emergency vehicle in accordance with Riverside County Fire Department standards and Policies, as may be amended from time to time.
Exception: Gates serving individual one- and two-family dwelling parcels.
A new Section 503.7 is added to Section 503 of the California Fire Code to read as follows:
503.7 Loading areas and passenger drop-off areas. On private properties, where fire apparatus access roads are utilized for loading or unloading or utilized for passen ger drop-off or pick -up, an additional eight (8) feet of width shall be added to the minimum required width for the fire apparatus access road.
A new Section 507.5.7 is added to Section 507.5 of the California Fire Code to read as follows:
507.5.7 Fire hydrant size and outlets. As determined by the fire code official, fire hydrant sizes and outlets shall be based on the following:
1. Residential Standard – one (1) four (4) inch outlet and one (1) two and half (2 ½) inch outlet.
2. Super Hydrant Standard – one (1) four (4) inch outlet and two (2) two and one half (2 ½) inch outlet.
3. Super Hydrant Enhanced – two (2) four (4) inch outlet and one (1) two and one half (2 ½) inch outlet.
A new Section 507.5.8 is added to Section 507 of the California Fire Code to read a s follows:
507.5.8 Fire hydrant street marker. Fire hydrant locations shall be visually indicated in accordance with Riverside County Fire Department Guidelines, as may be amended from time to time. Any hydrant marker damaged or removed during the course of street construction or repair shall be immediately replaced by the contractor, developer or person responsible for removal or damage.
Section 508.1 of the California Fire Code is deleted in its entirety and replaced with the following:
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508.1 General . Where required by other sections of this code and in all buildings classified as high-rise buildings by the California Building Code, in buildings greater than 300,000 square feet in area and in Group I-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access, a fire command center for fire department operations shall be provided and comply with Sections 508.1.1 through 508.1.7.
Section 508.1.1 of the California Fire Code is deleted in its entirety and replaced with the following:
508.1.1 Location and access. The fire command center shall be located adjacent to the main lobby and shall be accessible from fire department vehicular access or as approved by the fire code official. The room shall have direct access from the building exterior at the lowest level of fire department access.
Section 508.1.3 of the California Fire Code is amended as follows:
508.1.3 Size. The fire command center shall be not less than 0.015 percent of the total building area of the facility served or 200 square feet (19 m2) in area, whichever is greater, with a minimum dimension of 0.7 times the square root of the room area or 10 feet (3048 mm), whichever is greater.
Where a fire command center is solely require d because a building is greater than 300,000 square feet (27 870 m2), the fire command center shall have a minimum size of 96 square feet (9 m2) with a minimum dimension of 8 feet (2438 mm) where approved by the fire code official.
A new Section 509.2.1 is added to section 509.2 of the California Fire Code to read as follows:
509.2.1 Minimum clearances. A 3-foot (914 mm) clear space shall be maintained around the circumference of exterior fire protection system control valves, or any other exterior fire protection system component that may require immediate access, except as otherwise required or approved.
CHAPTER 6 BUILDING SERVICES AND SYSTEMS
Section 608.11.1.2 of the California Fire Code is deleted in its entirety and replaced with the following:
608.11.2 Manual operation. When required by the fire code official, automatic crossover valves shall be capable of manual operation. The manual valves shall be located in an approved location immediately outside of the machinery room in a secure metal box or equivalent and marked as Emergency Controls.
CHAPTER 9 FIRE PROTECTION SYSTEMS
Section 903.2 of the California Fire Code is deleted in its entirety and replaced with the following: 491
903.2 Where required.
1. In all new buildings and structures which are 3,600 square feet or greater, an approved automatic sprinkler system shall be provided regardless of occupancy classification. Where the Sections 903.2.1 – 903.2.21 of the California Fire Code require more restrictive requirements than those listed below, the more restrictive requirement shall take precedence.
2. All existing buildings, except for one - and two-family dwellings, shall be retrofitted with automatic fire sprinklers when a structure exceeds 3,600 square feet and changes are made to the building including any of the following: change of use/occupancy, removal of an existing fire wall as defined by the California Building Code, or additions of 50% or more are made to the original building area and the resulting square footage exceeds 5,000 square feet.
3. One- and two -family dwellings shall have an automatic fire sprinkler system regardless of square footage in accordance with the California Residential Code. Fire sprinkler systems shall be i nstalled in mobile homes, manufactured homes and multifamily manufactured homes with two dwelling units in accordance with Title 25 of the California Code of Regulations.
Exceptions: Unless required elsewhere in this code or the California Building Code, automatic fire sprinkler systems shall not be required for the following:
1. Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries not required to have an automatic sprinkler system by Section 1207 for energy storage systems and standby engines, provided that those spaces or areas are equipped throughout with an automatic smoke detection system in accordance with Section 907.2 and are separated from the remainder of the building by not less than 1-hour fire barriers constructed in accordance with Section 707 of the California Building Code or not less than 2-hour horizontal assemblies constructed in accordance with Section 711 of the California Building Code, or both.
2. Detached Group U occupancies used for agricultural purposes constructed in accordance with the California Building Code.
3. Detached non -combustible equestrian arena shade canopies that are open on all sides and used for riding only - no commercial, assembly or storage uses.
4. Non-combustible fueling station canopies not exceeding 10,000 square feet when separated from other buildings by a distance of not less than 50 feet.
5. Detached fabric or non-combustible shade structures that are open 492 on all sides and used to shade playground equipment, temporary storage of vehicles and dining areas with no cooking.
6. Where determined by the Fire Chief that no major life safety hazard exists, and the fuel load does not pose a significant threat to firefighter safety or to other structures or property, automatic fire sprinklers may be exempted.
The following exceptions in the California Fire Code shall not be allowed:
a. Exception in Section 903.2.3
b. Exception 2 in Section 903.2.11.3
A new Section 903.3.5.3 is added to Section 903.3.5 of the California Fire Code to read as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.
COMMERCIAL HOOD AND DUCT SYSTEMS.
A new Section 904.2.2.1 is added to Section 904.2.2 of the California Fire Code to read as follows:
904.2.2.1 Activation of the Fire Alarm System. Where a fire alarm signaling system, or a Dedicated Function Fire Alarm System is serving the occupancy where the extinguishing system is located, the actuation of the automatic fire-extinguishing system shall actuate the fire alarm signaling system in accordance with the requirements of NFPA 72. If a fire alarm signaling system, or a Dedicated Function Fire Alarm System is not present, one will be required to be installed to provide monitoring for the automatic fire-extinguishing system.
CHAPTER 32 HIGH-PILED STORAGE.
A new Section 3206.4.2 is added to Section 3206.4. of the California Fire Code to read as follows:
3206.4.2 Minimum requirements for client leased or occupant owned warehouses.
Designs of an automatic sprinkler system for client leased or occup ant owned buildings containing high pile storage shall be based on the requirements of NFPA 13. Unless otherwise approved, a Professional Engineer, licensed in the State of California, shall perform a survey of the building to determine commodity classifi cation, storage configuration, building height and other information related to the development of an appropriate sprinkler system design. The engineer shall also make reasonable efforts to meet with the building owner or operator to understand seasonal or customer related 493 fluctuations to the stored commodities, storage height, and configuration. The sprinkler design shall be based on the most demanding requirements determined through the onsite survey and discussions with the building owner or operator. Th e technical report shall describe the basis for determining the commodity and sprinkler design selection, how the commodities will be isolated or separated, and include references to the design document(s). If a specific fire test is used as the basis of d esign, a copy of the fire test report shall be provided at the time of plan review.
MOBILE FOOD PREPARATION VEHICLES.
A new Section 4107 is added to Chapter 41 of the California Fire Code to read as follows:
4107 MOBILE FOOD PREPARATION VEHICLES.
New Sections 4107.1 through 4107.2.3 are added to Section 4107 of the California Fire Code to read as follows:
4107.1 General . Mobile food preparation vehicles that are equipped with appliances that produce smoke or grease-laden vapors shall comply with this section.
4107.2 Maintenance. Maintenance of systems on mobile food preparation vehicles shall be in accordance with Sections 4107.2.1 through 4107.2.3.
4107.2.1 Exhaust system. The exhaust system, including hood, grease -removal devices, fans, ducts a nd other appurtenances, shall be inspected and cleaned in accordance with Section 606.3.
4107.2.2 Fire protection systems and devices. Fire protection systems and devices shall be maintained in accordance with Section 901.6.
4107.2.3 Fuel gas syste ms. LP-gas containers installed on the vehicle and fuel -gas piping systems shall be inspected annually by an approved inspection agency or a company that is registered with the U.S. Department of Transportation to requalify LP - gas cylinders, to ensure that system components are free from damage, suitable for the intended service and not subject to leaking. CNG containers shall be inspected every 3 years in a qualified service facility. CNG containers shall not be used past their expiration date as li sted on the manufacturer’s container label. Upon satisfactory inspection, the approved inspection agency shall affix a tag on the fuel gas system or within the vehicle indicating the name of the inspection agency and the date of satisfactory inspection.
FIREWORKS DISPLAY.
A new Section 5608.2 is added to Section 5608 of the California Fire Code to read as follows:
494
5608.2 Fallout Area . For aerial shells, the minimum required radius of the fallout area shall be 100 ft/in. (22 m/25 mm) of the internal mortar diameter of the largest aerial shell to be fired, unless otherwise approved.
APPENDIX B.
A new Section B103.2.1 is added to Section B103.2 of the California Fire Code to read as follows:
B103.2.1 Wildland-Urban Interface Area Subdivisions. The minimum fire flow for any new subdivision or tract constructed within a Wildland -Urban Interface Area shall be 1,500 gallons per minute.
Table B105.2 of the California Fire Code is amended as follows:
TABLE B105.2
REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND
TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND
TOWNHOUSES
AUTOMATIC
SPRINKLER SYSTEM
(Design Standard)
MINIMUM FIRE-FLOW
(gallons per minute)
FLOW DURATION
(hours)
No automatic sprinkler
system
Value in Table B105.1(2) Duration in Table
B105.1(2)
Section 903.3.1.1 of the
California Fire Code
50% of the value in Table
B105.1(2)a
Duration in Table
B105.1(2) at the reduced
flow rate
Section 903.3.1.2 of the
California Fire Code
50% of the value in Table
B105.1(2)b
Duration in Table
B105.1(2) at the reduced
flow rate
For SI: 1 gallon per minute = 3.785 L/m.
a. The reduced fire-flow shall be not less than 1,000 gallons per minute. b. The reduced fire-flow shall be not less than 1,500 gallons per minute.
APPENDIX C.
1. Section C103.1 of the California Fire Code is hereby amended to read as follows:
C103.1 Hydrant spacing. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 of the International Fire Code shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall be in accordance with Sections C103.2 and C103.3. Fire hydrants shall be provided at street intersections. 495
8.28.030 Penalties.
It is unlawful for any person, firm, corporation or association of persons to violate any provision of this chapter, or to violate the provisions of any permit granted pursuant to this chapter. Any person, firm, corporation or association of persons violating any provision of this chapter or the provisions of any permit granted pursuant -to this chapter shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person or entity shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter or the provisions of any permit granted pursuant to this chapter, is committed, continued, or permitted.
A. Any person, firm, corporation or a ssociation of persons so convicted shall be: (1) guilty of an infraction offense and punished by a fine not exceeding $200.00 for a first violation; (2) guilty of an infraction offense and punishable by a fine .not exceeding $ 300.00 for a second violation on the same site. The third and any additional violations on the same site shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $1,000.00 or six months in jail or both.
Notwithstanding the abo ve, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve a person or entity from the responsibility for correcting the violation.
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CHAPTER 8.30
WILDLAND-URBAN INTERFACE CODE
Sections
8.30.010 Application and Adoption
8.30.020 Amendments to the California Wildland-Urban Interface Code
8.30.030 Penalties
8.30.010 Application and Adoption.
APPLICATION AND ADOPTION OF THE CALIFORNIA WILDLAND-URBAN INTERFACE CODE.
Except as stated in this Section or as amended below in Section 7 of this Ordinance, all of the provisions and appendices of the 2025 California Wildland -Urban Interface Code, inclusive of all of the inclusions and exclusions set for in each chapter's matrix, are hereby adop ted and shall apply to the City of Wildomar. In addition, the following provisions that are excluded in the 2025 California Wildland -Urban Interface Code – Chapter 1, Division II of the California Wildland-Urban Interface Code is hereby adopted, except tha t Sections 103.2 and 112.3 are not adopted, and sections A101 through A102.2, A102.4, A104, A105.1, A105.4 through A105.4.2, A106 through A106.2 and A107 through A107.5 are adopted.
8.30.020 AMENDMENTS TO THE CALIFORNIA WILDLAND-URBAN INTERFACE CODE
APPLICABILITY,
1.A new Section 102.4.1.1 is added to Section 102.4.1 of the California Wildland-Urban Interface Code to read as follows:
102.4.1.1 Application of the California Wildland -Urban Interface Code. Where a conflict exists between the provisions of the Riverside County Fire Code , the City of Wildomar Fire Code and the California Wildland -Urban Interface Code, the more restrictive provisions shall apply.
DUTIES AND POWERS OF THE CODE OFFICIAL.
A new Section 104.1.1 is added to Section 104.1 of the California Wildland -Urban Interface Code to read as follows:
104.1.1 Authority of the Fire Chief, Chief Deputy, and Fire Department.
1. The Fire Chief, Chief Deputy, or their designee is authorized and directed to enforce all applicable State fire laws and provisions of this ordinance and to perform such duties as directed by the Riverside County Board of Supervisors.
2. The Fire Chief, Chief Deputy, or their designee is authorized to administer, interpret and enforce this ordinance. Under the Fire Chief, Chief Deputy, or their designee’s direction, the 497 Riverside County Fire Department is authorized to enforce ordinances of Riverside County pertaining to the following:
2.1. The prevention of fires.
2.2. The suppression or extinguishment of dangerous or hazardous fires.
2.3. The storage, use and handling of hazardous materials.
2.4. The installation and maintenance of automatic, manual and other private fire alarm systems and fire extinguishing equipment.
2.5. The maintenance and regulation of fire escapes.
2.6. The maintenance of fire protection and the elimination of fire hazards on land, in buildings, structures and other property, including those under construction.
2.7. The maintenance of means of egress.
2.8. The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials.
3. The following persons are hereby authorized to interpret and enforce the provisions of this ordinance and to make arrests and issue citations as authorized by law:
3.1. The Unit Chief, Peace Officers and Public Officers of the California Department of Forestry and Fire Protection.
3.2. The Fire Chief, Peace Officers and Public Officers of the Riverside County Fire Department.
3.3. The Riverside County Sheriff and any deputy sheriff.
3.4. The Police Chief and any police officer of any city served by the Riverside County Fire Department.
3.5. Officers of the California Highway Patrol.
3.6. Code Officers of the Riverside County Code Enforcement Department.
3.7. Peace Officers of the California Department of Parks and Recreation.
3.8. The law enforcement officer of the Federal Bureau of Land Management.
Section 104.2 of the California Wildland-Urban Interface Code is deleted and replaced with the following:
104.2 Determination of compliance. The fire code official shall have the authority to determine compliance with this code, to render interpretations of this code and to develop policies, procedures, guidelines, standards, and information bulletins in order to c larify the application of its provisions. Such interpretations, policies, procedures:
1. Shall be in compliance with the intent and purpose of this code.
2. Shall not have the effect of waiving requirements specifically provided for in this code.
3. Shall be enforceable as part of this code.
Sections 104.8 and 104.8.1 of the California Wildland-Urban Interface Code are deleted in their entirety and replaced with the following:
104.8 Liability. Any liability against Riverside County or any officer or empl oyee for damages resulting from the discharge of their duties shall be as provided by law. 498
PERMITS.
Section 105.2 of the California Wildland -Urban Interface Code is deleted in it’s entirety and replaced with the following:
105.2 Permits Required. Unless otherwise exempted, buildings or structures regulated by this code shall not be erected, constructed, altered, repaired, moved, removed, converted, demolished or changed in use or occupancy unless a separate permit for each building or structure has first been obtained from the code official.
For buildings or structures erected for temporary uses, see Section A108.3.
Where required by the code official, a permit shall be obtained for the following activities, operations, practices or functions within a wildland-urban interface area:
1. Automobile wrecking yard.
2. Candles and open flames in assembly areas.
3. Explosives or blasting agents.
4. Fireworks.
5. Flammable or combustible liquids.
6. Hazardous materials.
7. Liquefied petroleum gases.
8. Landscape and fuel modification zones.
9. Lumberyards.
10. Motor vehicle fuel-dispensing stations.
11. Open burning.
12. Pallet Yards.
13. Pyrotechnical special effects material.
14. Tents, canopies and temporary membrane structures.
15. Tire storage.
16. Welding and cutting operations.
FEES.
Section 108.2 of the California Wildland -Urban Interface Code is deleted in its entirety and replaced with the following:
108.2 Schedule of permit fees. Fees for services and permits shall be as set forth in the City of Wildomar Fee Schedule.
A new Section 108.7 is added to Section 108 of the California Wildland -Urban Interface Code to read as follows:
108.7 Cost recovery. Pursuant to California Health and Safety Code sections 11374.5(b)(1 ), 13009 et seq., 25259.4, 25515(a), 25540(a), 25541 (a), California Government Code sections 53150 et seq, and all other provisions of law, all costs incurred by the Riverside County F ire Department for the inspection and enforcement of any provision of these Codes, the investigation of any fire, explosion or other hazardous condition, the suppression of fire, the response to a traffic collision or accident, the containment and/or mitig ation of a hazardous materials release, and any rescue or rendering of medical or physical aid or assistance, may be charged to any responsible party, any person who violates these Codes or any person who, due to a negligent or unlawful act or omission, is responsible for or requires or causes the 499 emergency response of Riverside County Fire Department. Any expense incurred by the Riverside County Fire Department for such an emergency response shall constitute a debt of such person and shall be collectible b y the County in the same manner as in the case of an obligation under contract, express or implied. These provisions shall be applied uniformly against all such persons in violation of a Penal Code, Vehicle Code, Health and Safety Code or other state law statutory violation; only a county official shall have authority to reduce or cancel the debt obligation arising from the incident.
INSPECTION AND ENFORCEMENT
Section 109.3.7 of the California Wildland -Urban Interface Code is deleted in its entirety and replaced with the following:
109.3.7 Violation and penalties. It shall be unlawful for any person, firm, corporation or association of persons to violate any provision of this ordinance, or to violate the provisions of any permit granted pursuant to this code or ordinance. Punishments and penalties for violations shall be in accordance with the City of Wildomar ordinances, fee schedule and Health and Safety Code Sections 17995 through 17995.5
DEFINITIONS.
Section 202, definition of "Fire Chief” in the California Wildland-Urban Interface Code is deleted in its entirety and replaced with the following:
FIRE CHIEF. The Fire Chief of Riverside County or the Fire Chief’s designee.
WILDLAND-URBAN INTERFACE AREA DESIGNATIONS.
Section 302.1.1 is added to Sec tion 302.1 of the California Wildland -Urban Interface Code to read as follows:
302.1.1 Designation of Fire Hazard Severity Zones. The Wildomar City Council has adopted the recommendations of the State Fire Marshal made pursuant to Government Code section 51178 and designated those areas within the County as moderate, high, and very high fire hazard severity zones as shown on the Local Responsibility Area Fire Hazard Severity Zones Maps published by the Office of the State Fire Marshal. The Maps have been a dopted under City of Wildomar Ordinance 251.
SPECIAL BUILDING CONSTRUCTION REGULATIONS.
Section 501.1 of the California Wildland-Urban Interface shall be amended as follows:
501.1 Scope. Buildings and structures in a wildland-urban interface area shall be constructed in accordance with the California Building Code and this code. For the purpose of this Chapter, a wildland-urban interface area shall be defined as a geographical area identified by the state as a “Fire Hazard Severity Zone” in accordance with the Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, and other areas 500 designated by the enforcing agency to be at a significant risk from wildfires, and shall include those areas designated by Ordinance 251 as moderate, high, and very high fire hazard severity zones based on recommendations from the State Fire Marshal pursuant to Government Code Section 51178.
Exceptions:
1. Group U accessory structures not exceeding 120 square feet (11 m2) in floor area where located not less than 50 feet (15 240 mm) from applicable buildings.
2. Group U agricultural buildings not less than 50 feet (15 240 mm) from applicable buildings.
FIRE PROTECTION PLANS.
Section 602.1 of the California Wildland-Urban Interface Code is amended as follows:
602.1 General. A fire protection plan shall be submitted to the Fire Code Official for any proposed subdivision of land or building project. The fire protection plan shall be prepared to determine the acceptability of fire pro tection and life safety measures designed to mitigate wildfire hazards presented for the property under consideration.
The fire protection plan shall be prepared by a registered design professional, qualified landscape architect, qualified fire safety specialist or similar specialist acceptable to the code official and shall analyze the wildfire risk of the building, project, premises or region to recommend necessary changes.
Submittal of a preliminary fire protection plan shall be required prior to the submission of a final fire protection plan.
Exception: A single-family dwelling (Group R-3 Occupancy) when located on an existing legal parcel.
Section 602.3.2 of the California Wildland-Urban Interface Code is amended as follows:
602.3.2 Final Fire P rotection Plan. Final fire protection plan shall include items listed in Section 602.3.1 and the following:
1. A map identifying all proposed plants in the fuel modification zones with a legend that includes a symbol for each proposed plant species. The plan shall include specific information on each species proposed, including but not limited to:
1.1. The plant life-form;
1.2. The scientific and common name; and
1.3. The expected height and width for mature growth.
2. Identification of irrigated and non-irrigated zones.
3. Requirements for vegetation reduction around emergency access and evacuation routes.
4. Identification of existing vegetation proposed to remain.
5. Identification of points of access for equipment and personnel to maintain vegetation in common areas. 501
6. Methods and timetables for controlling, changing, or modifying areas on the property.
7. Legally binding statements regarding community responsibility for maintenance of fuel modification zones.
8. Legally binding statements to be included in covenants, conditions and restrictions regarding property owner responsibilities for vegetation maintenance.
VEGETATION PLAN.
Section 603.1 of the California Wildland-Urban Interface Code is amended as follows:
603.1 General. Planting of vegetation for new and replacement landscaping shall be selected to reduce vegetation in proximity to a structure and to maintain vegetation as it matures.
Section 603.3 of the California Wildland-Urban Interface Code is amended as follows:
603.3 Landscape and Fuel Modification plans. Landscape and Fuel Modification plans shall be submitted for any project located in a WUI area. The landscape and Fuel Modification plan shall include development and maintenance requirements for the vegetation management zone a djacent to structures and roadways, and to provide significant fire hazard reduction benefits for public and firefighting safety.
Section 603.3.1 of the California Wildland-Urban Interface Code is amended as follows:
603.3.1 Contents. Landscape plans shall contain the following:
1. Delineation of the 5-foot (1524 mm) (Zone 0), 30 -foot (9144 mm) (Zone 1) and 100 -foot (30 480 mm) (Zone 2) fuel management zones from all structures.
2. Identification of existing vegetation to remain and proposed new vegetation.
3. Identification of irrigated areas.
4. A plant legend with both botanical and common names, and identification of all plant material symbols.
5. Identification of ground coverings within the 30-foot (9144 mm) zone.
MAINTENANCE OF DEFENSIBLE SPACE.
Section 604.1 of the California Wildland-Urban Interface Code is amended as follows:
604.1 General. Vegetation and fuels shall be managed to reduce the severity of potential exterior wildfire exposure to buildings and to reduce the risk of fire spreading to buildings as required by applicable laws and regulations.
Section 604.3 of the California Wildland-Urban Interface Code is amended as follows:
604.3 Requirements. Vegetation and fuels around all buildings and structures shall be maintained in accordance with the following laws and regulations:
1. Public Resources Code, Section 4291.
2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Article 3, Section 1299.03. 502
3. California Government Code, Section 51182.
4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section
3.07. 5. The requirements of Section 7, Appendix A of this ordinance and Riverside County Fire Department Guidelines.
Section 604.3.1 is added to Section 604.3 of the California Wildland -Urban Interface Code to read as follows:
604.3.1 Retroactivity . When require d by the Fire Code Official, or State Law, existing Defensible Space/Fuel Modification Zones (FMZ) shall require retrofitting, including thinning and/or removal of plants, trees, and vegetation, to meet this Code or State Law. Upon notification by the Fire Code Official, and when approved, work to bring an existing Defensible Space and FMZ into compliance with this Code, may be done over a two to four (2 -4) year period as determined by the Fire Code Official. A compliance plan prepared by the property owner may be requested for review and approval by the Fire Code Official.
Section 604.6 is added to the California Wildland-Urban Interface Code to read as follows:
604.6 Clearance of brush, vegetative growth, and combustible material from improved parcels. A ll improved parcels declared a Public Nuisance shall be cleared entirely of combustible material. If the Fire Code Official determines this impractical, the provisions of Section 604.7 may be used.
Section 604.7 is added to the California Wildland-Urban Interface Code to read as follows:
604.7 Clearance of fuels or vegetative growth from structures . Clearance of fuels and vegetative growth from structures shall be per sections 604.7.1 through 604.7.4 of this code.
Section 604.7.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.7.1 Structures. Any person owning, leasing, controlling, operating, or maintaining any Building or structure in, upon, or adjoining any FHSZ, governed by this section, and any person owning, leasing, or controlling any land adjacent to such Buildings, shall at all times maintain around and adjacent to such Building, an effective firebreak made by removing and clearing away, all combustible material on their property for a distance not less than 100 f eet from all portions of the Building.
Distances may be increased by the Fire Code Official due to a site -specific analysis based on local conditions and when required, based on a Fire Protection Plan. This section shall not apply to single specimens or s tands of protected species of trees, Ornamental Landscape or similar plants used in landscaping and ground covers, that are well -pruned, maintained, and spaced, and do not form a means of rapidly transmitting fire from other nearby vegetation to a structure or from a structure to other nearby vegetation or to interrupt the advance of embers toward a structure.
Section 604.7.2 is added to the California Wildland -Urban Interface Code to read as follows: 503
604.7.2 Timing for New Buildings and additions to Existing Buildings. The provisions of Section 604.7 shall be completed prior to vertical construction of any New Building or addition to an Existing Building.
Section 604.7.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.7.3 Photovoltaic Systems. The clearance requirements around freestanding photovoltaic systems and equipment shall comply with the following:
1. A minimum 10-foot clearance for clusters of panels not exceeding 1,500 square feet of combined panel area.
2. A minimum of 30-foot clearance for clusters of panels greater than 1,500 square feet of combined panel area.
3. Clusters shall be separated by a minimum of 20 feet.
4. Panels and clusters shall be not located within 30 feet of any Building subject to clearance requirements of Section 604 unless the clearance requirements of Section 604 are provided as measured from the perimeter of the panel or cluster.
Section 604.8 is added to the California Wildland-Urban Interface Code to read as follows:
604.8 Defensible Space clearance zones and requirements . The required 100 -foot Defensible Space clearance is identified in three (3) distinct zones: Zone 0, 1, and 2.
Section 604.8.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.1 Requirements. Defensible Space shall be in accordance with the requirements of Appendix A of this code, Riverside County Fire Department Guidelines and the specific requirements for each zone listed in Sections 604.8.2 through 604.8.5.
Section 604.8.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.2 Zone 0 purpose and location . Zone 0 reduces the likelihood of structure ignition by reducing the potential for direct ignition of the structure from flame contact, b y embers that accumulate at the base of a wall, and/or indirect ignitions when embers ignite vegetation, vegetative debris, or other combustible materials located close to the structure that result in either a radiant heat and/or a direct flame contact exposure to the structure.
Zone 0 is the horizontal area within the first five (5) feet around the structure, including stairs, balconies, attached or adjacent decks, and outbuildings. Zone 0 is measured from the edge of a structure, attached or adjacent dec ks, patio covers, balconies, and floor projections above - grade. Zone 0 also includes the area on the roof of a building, and underneath and on top of attached decks, patio covers, balconies, and stair landings.
Advisory Notice: Riverside County Fire Department has local Zone 0 requirements currently in effect for new Buildings and additions to existing Buildings. New State regulations for Zone 0 are currently under development by the State Board of Forestry and Fire Protection. Any State 504 regulation more re strictive than this ordinance shall apply. This may require thinning and/or removal of plants, trees, and vegetation to meet State Law and regulations.
Section 604.8.2.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.2.1 Non-Combustible Zone 0 for New Buildings, additions to Existing Buildings, and new or replacement landscape. Fuels, including Combustible Materials and vegetation, are prohibited in Zone 0 for all New Buildings, additions to Existing Buildings, i nstallation of new landscape, and refurbishment of existing landscape areas.
The application date of Section 604.8.2.1 shall be the later application date when any of the following occur:
1. Fire Department Clearance for a New Building or addition to an Existing Building.
2. Building permit for a New Building or addition to an Existing Building.
3. Landscape plans submitted for Riverside County Fire Department review.
4. Replacement of landscape when landscape plans are not required.
Section 604.8.2.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.2.2 Additional requirements in Zone 0.
1. New and existing tree canopies are prohibited within 10 feet of New Buildings, including the addition portion to Existing Buildings.
Exception: Existing protected oak trees shall be trimmed to provide a minimum 5 -foot clearance above the roof and 5 feet to the side of any New Building, or the addition portion to an Existing Building.
2. Landscaped roofs are prohibited.
3. Vegetation underneath decks is prohibited.
4. Other Combustible Materials underneath any deck, not part of the deck structure itself, shall be removed.
5. Artificial or synthetic grass is prohibited within Zone 0.
6. Vines and climbing plants are not allowe d on structures, including decks, patio/shade structures, and any fences within 5 feet of a Building.
7. Combustible mulch and wood chips are prohibited.
8. Firewood is prohibited.
9. All fencing and gates shall be non-combustible. See Section 604.11.
Section 604.8.2.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.2.3 Zone 0 requirements for Existing Buildings.
Section 604.8.2.3.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.2.3.1 Zone 0 restrictions. The following requirements apply within Zone 0 for all Existing Buildings with landscape installed prior to January 1, 2026:
1. No combustible landscape mulch or wood chips. 505
2. No firewood.
3. No vegetation underneath decks.
4. Other Combustible Materials underneath any deck, not part of the deck structure itself, shall be removed.
5. Roofs and gutters on Buildings shall be maintained free of any leaves, needles, or other vegetative Combustible Materials.
6. The vertical clearance distance for trees and vegetation above any roof shall be not less than 3 feet.
7. A minimum 3 -foot clearance of trees and vegetation shall be provided to the side and above any eave or roof projection from the exterior wall of a Building. A minimum 3-foot clearance of trees and vegetation shall be provided below any eave or roof projection.
This requirement also applies to any patio cover or other Building projections.
8. New trees are not allowed.
9. New or replacement landscaping shal l comply with Sections 604.8.1, 604.8.2.1, and 604.8.2.2.
Section 604.8.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.3 Zone 1 purpose and location. Zone 1 reduces the likelihood of fire burning directly to the structure. This is accomplished by modifying Fuels and creating a discontinuity between planting groups that limits the pathways for fire to burn to the structure and reduces the potential for near-to-building ember generation and radiant heat exposures. An additional purpose of this zone is to provide a defendable area for fire personnel to stage and take direct action.
Zone 1 is the area within 5 -30 feet of structures and decks, with slopes not greater than 20 percent; 5-50 feet from Buildings and decks, when slopes are greater than 20 percent.
Section 604.8.3.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.3.1 Requirements and allowable items. This is a minimal planting zone which includes very limited trees of a fire -smart type with additional spacing provided. Plants and other vegetation shall be in accordance with Appendix A of this code and Riverside County Fire Department Guidelines.
Section 604.8.4 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.4 Zone 2 purpose and location. Zone 2 is designed to reduce the potential behavior of an oncoming fire in such a way as to drop an approaching fire from the crown of trees to the ground, reducing the flame heights, and the potential for ember generation and radiant heat exposure to structures. Additional benefits of the Zone 2 include facilitating direct defense actions and improving the function of Zones 0 and 1.
Zone 2 is the area from the outer edge of Zone 1 to 100 feet from structures and decks.
Section 604.8.4.1 is added to the California Wildland-Urban Interface Code to read as follows:
506
604.8.4.1 Requirements and allowable items. Plants and other vegetation shall be in accordance with Appendix A of this code and Riverside County Fire Department or City of Wildomar Guidelines.
Section 604.8.4.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.4.2 Spacing. Spacing of vegetation and trees at the outer edge of Zone 2 shall be based upon the height of the vegetation within Zone 2 or the adjacent area beyond the 100-foot zone, whichever provides for the greater spacing. This may require clearance outside the 100 -foot zone or setting back vegetation and trees within Zone 2 away from the 100-foot line.
Section 604.8.5 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5 General requirements for Zone 0, 1, and 2.
Section 604.8.5.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.1 Dead and dying vegetation . All dead or dying grass, plants, shrubs, trees, branches, leaves, weeds, and tree needles shall be removed.
Section 604.8.5.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.2 Mulch and wood chips within Zones 1 and 2. Use of combustible Mulch and wood chips shall be in accordance with the requirements Riverside County Fire Department Guidelines.
Section 604.8.5.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.3 Firewood. See Section 607.
Section 604.8.5.4 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.4 Clearance from chimney, stovepipe. Any portion of a tree or shrub that extends within 10 feet horizontally or vertically of a chimney outlet or stovepipe outlet shall be removed.
Section 604.8.5.5 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.5 Trees . New trees shall be planted and maintained so that the tree’s drip line at maturity is a minimum of 10 feet from any combustible structure.
Section 604.8.5.5.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.5.1 Tree spacing. The horizontal distance between crowns of new trees and c rowns of adjacent trees shall not be less than 20 feet in Zone 1 and not less than 10 feet in Zone 2.
Separation distance may be increased for slopes exceeding 20 percent. Required spacing is measured between trees at maturity.
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Section 604.8.5.5.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.5.2 Ground clearance of trees. Trees exceeding 6 feet in height shall be limbed up from the ground 6 feet or 1/3 the height of the tree, whichever is less.
Exception: Fruit trees when approved by the Fire Code Official.
Section 604.8.5.5.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.5.3 Ground cover under tree canopy. When approved ground cover and shrubs are located underneath trees, the vertical clearance to the lowest branch of the tree canopy shall not be less than three times the height of the ground cover or shrub under or adjacent to the tree. The horizontal clearance shall be 3 feet from the trunk of the tree.
Section 604.8.5.6 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.6 Continuous tree canopies.
Section 604.8.5.6.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.6.1 New Structures. Continuous tree canopies are not allowed. Tree spacing shall be in accordance with Riverside County Fire Department.
Section 604.8.5.6.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.6.2 Existing Structures. Continuous tree canopies may be allowed as determined by the Fire Code Official but will require the complete removal of any understory and smaller trees to meet requirements for a shaded fuel zone. Any remaining trees shall be limbed up a minimum of 12 feet from the ground or 1/3 the tree height, whichever is less. The intent is to not allow a crown (canopy) fire to spread unchecked to a structure and to bring any crown fire down to the ground level prior to Zone 1.
Section 604.8.5.7 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.7 Grasses. Natural or annual grasses shall be mowed to a maximum height of 4-inch stubble with clippings removed.
Section 604.9 is added to the California Wildland-Urban Interface Code to read as follows:
604.9 Fire protection equipment and utilities. The clearance requirements of Sections 604.7 and 604.8 shall apply to communication site towers and their support Buildings; required fire protection water supplies, including water tanks, w ater supply pumps, and pump houses; and any other utility Structure as required by the Fire Code Official. The Fire Code Official may consider a reduced distance, not less than 30 feet, for communication site towers, water tanks, and Structures with no int erior space, based upon a site risk assessment. Also see Appendix A.
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Section 604.10 is added to the California Wildland-Urban Interface Code to read as follows:
604.10 Planting vegetation under or adjacent to energized electrical lines. No vegetation shall be planted under or adjacent to energized power lines that, at maturity, will grow within 10 feet of the energized conductors.
Section 604.11 is added to the California Wildland-Urban Interface Code to read as follows:
604.11 Fencing.
Section 604.11.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.11.1 Scope. This section only applies to fences, including gates within the fencing, within 5 feet of Building(s), including Decks, (Zone 0) that are in an applicable Fi re Hazard Severity Zone req by Chapter 6 of this code.
Section 604.11.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.11.2 New fencing. New fencing and gates shall be constructed of a non -combustible material.
604.11.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.11.3 Existing fencing. Fencing installed prior to January 1, 2026, may remain.
Exception: The entire fencing not parallel and within 5 feet of the Building, including gates within the fencing, shall be constructed of a non-combustible material when any portion of the existing fencing within 5 feet is being replaced. Fencing beyond 5 feet from the Building is not required to be replaced with non-combustible material.
STORAGE OF FIREWOOD AND COMBUSTIBLE MATERIALS.
Section 607.1 of the California Wildland-Urban Interface Code is amended to read as follows:
607.1 General. Firewood and combustible materials shall not be stored in unenclosed spaces beneath Buildings or Structures, or on Decks or under eaves, canopies, or other projections or overhangs. Firewood piles shall be located 30 feet (9144 mm) or more from structures unless completely cover ed by a fire -resistant material. Exposed wood piles located within the defensible space shall have a minimum clearance of 10 feet (3048 mm) down to bare mineral soil in all directions. Firewood shall not be stored within Zone 0.
Section 607.1.1 of the California Wildland-Urban Interface Code is amended to read as follows:
607.1.1 Combustible Materials. Combustible Materials, other than vegetation, stored within Zones 1 and 2 shall not be stored so as to pose a hazard to any Building. Piles shall not exceed 100 square feet of area and a maximum height of 10 feet. Piles shall be separated by a minimum of 20-foot clear area. 509
Section 607.2 of the California Wildland-Urban Interface Code is amended to read as follows:
607.2 Storage for off-site use. Firewood and Combustible Materials not for consumption on the premises shall not be stored within Zones 0, 1, and 2. See Appendix A for storage requirements.
BUILDING SITING AND SETBACKS
Section 608.1.1 is added to the California Wildland-Urban Interface Code to read as follows:
608.1.1 Restricted development setbacks . New Structures and additions to existing Structures shall not be constructed less than 100 feet from any protected habitat, whether on the same or adjacent Parcels, where the 100 -foot Defensible Sp ace required under Section 604.7 cannot be provided, unless an alternate method of construction and protection is provided that can ensure the safety of the Structure and emergency responders as approved by the Fire Code Official. Protected habitat include s lands restricted from brush clearance or modification due to Federal or State listed endangered species. Protected habitat does not include sensitive habitat areas.
Section 608.2 of the California Wildland-Urban Interface Code is amended to read as follows:
608.2 General
All parcels shall provide a minimum 30 -foot (9144 mm) setback for all buildings from property lines and the center of a road, except as provided for in Section 608.2.1. [CCR T14 §1276.00(a)] This section applies to new Tract and Parcel maps, new Buildings, and additions to Existing Buildings.
Section 608.2.1 of the California Wildland-Urban Interface Code is amended to read as follows:
608.2.1 Setback reduction. A reduction in the minimum setback shall be based upon practical reasons, which may include but are not limited to, parcel dimensions or size; topographic limitations; Development density requirements or other Development patterns that promote low-carbon emission outcomes; sensitive habitat or other site constraints, and shall provide for an alternative method to reduce structure -to-structure ignition by incorporating a combination of features such as, but not limited to:
1. Non-combustible block walls or fences; or
2. Non-combustible material extending 5 feet (1524 mm) horizontally from the furthest extent of the building; or
3. Hardscape landscaping; or
4. A reduction of exposed windows on the side of the structure with setback less than 30 feet (9144 mm). [CCR T14 §1276.01]
RIDGELINES, FUEL BREAKS, AND GREENBELTS.
Section 609.2.7.1 is added to the California Wildland-Urban Interface Code to read as follows:
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609.2.7.1 Greenbelts. Subdivisions and other developments, which propose Greenbelts as a part of the development plan, shall locate the Greenbelts strategically, as a separation between wildland fuels and Structures. The locations shall be approved by the inspection authority.
Section 609.2.7.2 is added to the California Wildland-Urban Interface Code to read as follows:
609.2.7.2 Access to Greenbelts. A minimum of one (1) access point shall be provided to new Greenbelts at an approved location to allow for on -going maintenance and firefighter access.
Additional access points shall be provided when required by the Fire Code Official.
APPENDIX A
Section A102.1 of the California Wildland-Urban Interface Code is amended to read as follows:
A102.1 General. Vegetation control shall comply with Sections A102.2 through A102.4 and with Chapter 6.
Section A105.1 of the California Wildland-Urban Interface Code is amended to read as follows:
A105.1 General. In addition to the requirements of the California Fire Code, Ordinance 787 and Chapter 6, storage and use of the materials shall be in accordance with Sec tions A105.2 through A105.4.2.
Section A105.4 of the California Wildland-Urban Interface Code is amended to read as follows:
A105.4 Combustible Materials. Outside storage of Combustible Materials such as, but not limited to, wood, rubber tires, building materials, or paper products shall comply with the other applicable sections of this Ordinance and this section. Storage of pallets shall be in accordance with Section 5, Section 2810. Storage and processing of wood chips, hogged materials, fines, Compost, Compostable Material, Mulch, solid biomass, raw product, and combustible yard waste and recycle material shall be in accordance with Section 5, Section 2808.
8.30.030 Penalties.
A. It is unlawful for any person, firm, corporation or association of persons to. Violate any provision of this chapter, or to violate the provisions of any permit granted pursuant to this chapter. Any person, firm, corporation or association of persons viola ting any provision of this chapter or the provisions of any permit granted pursuant -to this chapter; shall be deemed guilty of an infraction or misdemeanor as hereinafter specified.· Such person or entity shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter or the provisions of any permit granted pursuant to this chapter, is committed, continued, or permitted.
B. Any person, firm, corporation or association of persons so convicted shall be: (1) guilty of an infraction offense and punished by a fine not exceeding $200.00 for a first violation; (2) guilty of an infraction offense and punishable by a fine .not exceeding 511 $300.00 for a second violation on the same site. The third and any additional violations on the same site shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $1,000.00 or six months in jail or both. Notwithstanding the above, a first offense may be char ged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve a person or entity from the responsibility for correcting the violation.
SECTION 5. 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 dec lares 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, subdivisions, sentences, clauses, phrases, or por tions thereof be declared invalid or unconstitutional.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect thirty (30) days from its passage by the City Council.
SECTION 7. CITY CLERK ACTION
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, to 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). 512
INTRODUCED AND APPROVED FOR FIRST READING this 13th day of October, 2025.
Ashlee DePhillippo
Mayor
APPROVED AS TO FORM: ATTEST:
Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
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City of Wildomar –
2025 California
Building Standards
Code Update
P R E S E N T E D B Y :
M . S C O T T B U R N S
C H I E F B U I L D I N G O F F I C I A L
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Overview
• California Building Standards Commission is
the regulatory body that has the responsibility
of adopting the minimum standards of
construction and producing the California
Building Standards Code (Title 24), w hich is
updated every 3 years.
• T he Health & Safety Code mandates that all
Counties and or Cities adopt an Ordinance
adopting by reference the California Building
Standards Code.
• Since these Codes apply statew ide, local
Jurisdictions may make any local amendments
needed, provided that the need can be
substantiated.
• 2025 Code editions become effective January 1,
2026
2025 CBC UPDATE 2
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U pdated seism ic design standar ds to r eflect the latest U S GS hazar d m aps.
B enefit: Gr eater pr otection for life safety and r educed ear thquake dam age
N ew pr ovisions for tall m ass tim ber buildings (T ype IV constr uction) B enefit: S uppor ts sustainable constr uction and innovati ve housing oppor tunities
Accessibilit y aligned w ith updated AD A r equir em ents (IC C A117.1– 2017)
B enefit: Im pr oves accessibility for per sons w ith disabilities and aging r esidents
2025 CBC UPDATE 3
Major Change: Structural & Safety (CBC)
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T able R 301.2 expanded fr om 12 to 13 cr iter ia (new w ind design categor ies)
B enefit: P r ovides m or e accur ate design cr iter ia for Wildom ar ’s conditions
C lar ified r equir em ents for Accessor y D w elling U nits (AD U s) B enefit: E nhances safety in AD U s w hile suppor ting housing goals E nhanced fir e separ ation betw een attached r esidential units • B enefit: R educes r isk of fir e spr ead, im pr oving r esident safety 2025 CBC UPDATE 4
Major Change: Residential Code (CRC)
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2025 CBC UPDATE 5
Major Change: Fire & WUI Code
Adoption of Wildland–Urban Interface (WUI) Code, Part 7 Benefit: Reduces wildfire vulnerability and aligns with Cal Fire best practices Requires ignition-resistant construction materials
Benefit: Protects homes and lives in high-risk areas
Strengthens defensible space and vegetation clearance requirements • Benefit: Reduces risk of wildfire spread into developed areas 519
2025 CBC UPDATE 20XX 6
Major Change: Energy & Green Building
Stronger energy efficiency standards for new buildings
Benefit: Lowers energy bills and reduces greenhouse gas emissions Expanded requirements for solar PV and battery storage readiness Benefit: Improves energy resilience during outages and peak demand EV charging infrastructure requirements (CALGreen)
Benefit: Supports transition to electric vehicles
Improved indoor air quality standards
Benefit: Protects residents from wildfire smoke and outdoor pollution Enhanced water conservation measures
Benefit: Saves resources and lowers long-term costs
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2025 CBC UPDATE 7
Local Amendments – Wildomar
Adoption of 2025 CRC Table R301.2 with Wildomar’s design values Benefit: Ensures buildings are designed for local conditions, improving safety and durability
Fire Code amendments prepared by the Riverside County Fire Department Benefit: Provides stronger and locally tailored fire protection standards Adoption of the 2025 Wildland–Urban Interface Code (Part 7) Benefit: Reduces wildfire vulnerability through ignition-resistant construction and defensible space
Administrative amendments to Title 15 (permits, appeals, enforcement) Benefit: Maintains clear processes and improves compliance 521
Next Steps
First reading and introduction of the ordinance
Set Public Hearing Date
Hold Public Hearing and second reading for adoption
at the November 12, 2025, City Council meeting.
Codes effective January 1, 2026
2025 CBC UPDATE
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Questions?
2025 CBC UPDATE 9
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CITY OF WILDOMAR
REGULAR MEETING
FUTURE AGENDA ITEMS
Meeting Date: October 13, 2025
SUBJECT:
Future Agenda Items
SUBMITTED BY:
Janet Morales
ACTION:
Title- Councilmember-Anticipated Date
1. Expand Pavement Management/Road Rehab Program for private/public roads - Marquez - Nov. 2025
2. Street Lighting Options for certain neighborhoods - Marquez - In process
3. Discuss potential Public Safety Subcommittee - DePhillippo - TBD
4. Shed Setback from property line - DePhillippo - Oct. 2025
5. Policy for private maintenance on walls due to graffiti - Morabito - TBD
6. Anti-loitering Options - Morabito - TBD
7. Sober-living home Ordinance - Moore - TBD
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