PC20-496RESOLUTION NO. PC 20-_______
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE RECOMMENDING CITY COUNCIL APPROVAL OF
SPECIFIC PLAN AMENDMENT NO. 2010-090 FOR AMENDMENT NO.
3 TO SPECIFIC PLAN NO. 260 “MENIFEE NORTH SPECIFIC PLAN
PALOMAR CROSSINGS”
Whereas, on June 7, 2010 the applicant, Gary Hamro, filed a formal application
to the City of Menifee for the approval of Specific Plan Amendment No. 2010-090, which
is Amendment No. 3 to Specific Plan No. 260 (“Menifee North Specific Plan”) (“Project”
or “Palomar Crossings Project”) on property as identified as APNs 329-090-025, 329-
090-026, 329-090-069, 329-090-070, 329-090-071, 329-090-072, 329-100-025, 329-
100-026, 329-100-027, 329-100-030, 329-100-031, 329-100-033, and 329-100-034; and
Whereas, the Specific Plan Amendment will amend the Menifee North Specific
Plan No. 2010-090 by modifications to Planning Areas 11, 12, 13 and 14 of the Menifee
North Specific Plan. Proposed changes for these planning areas include the
realignment of boundaries and acreages, the re-classification of land use designations
for Planning Areas 11, 12 and 13, the establishment of development standards and
allowable land uses within Planning Areas 11, 12, and 13 and the establishment of new
architectural design guidelines for residential and commercial development; and
Whereas, on May 13, 2020 the Planning Commission held a duly noticed public
hearing on the Project, considered all public testimony as well as all materials in the staff
report and accompanying documents, which hearing was publicly noticed by a
publication in the Press Enterprise, a newspaper of general circulation, an agenda
posting, on-site posting, and notice to property owners within 600 feet of the Project
boundaries as well as to persons requesting public notice; and
NOW, THEREFORE, the Planning Commission of the City of Menifee resolves
as follows:
Section 1: Consistency with the General Plan. The Specific Plan Amendment is
consistent with the intent of the goals and policies of the General Plan and
is not inconsistent with any element thereof.
Consistency with General Plan
The project site is designated Specific Plan (Menifee North Specific Plan
260) per the City of Menifee’s General Plan. This Specific Plan
Amendment No. 3 proposes to amend the Menifee North Specific Plan by
modifying Planning Areas 11, 12, 13 and 14 including the realignment of
boundaries and acreages, the re-classification of land use designations for
Planning Areas 11, 12 and 13, the establishment of development standards
and allowable land uses within Planning Areas 11, 12, and 13, and the
establishment of architectural design guidelines for residential and
commercial development. Because the General Plan land use element
does not identify individual land use designations within specific plans, the
land use designation of Menifee North Specific Plan is unchanged and
remains consistent with the General Plan.
In addition, the Specific Plan Amendment is consistent with the following
City of Menifee General Plan policies:
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Specific Plan Amendment No. 2010-090
May 13, 2020
Policy LU-1.1: Concentrate growth in strategic locations to help
preserve rural areas, create place and identity, provide infrastructure
efficiently, and foster the use of transit options.
The proposed project is located within an area bounded by property
designated for residential development to the north and west,
residential and commercial to the east, and business park and public
facilities to the south. The amendment would provide growth in a
strategic location providing a transition in the form of very high density
residential land use between commercial areas along the Highway 74
corridor and existing residentially designated areas to the north. The
land use changes would support the overall goal of preserving rural
areas and are intended to create place and identity for this area of the
City.
Policy LU-1.2 - Provide a spectrum of housing types and price ranges
that match the jobs in the city and make it possible for people to live
and work in Menifee and maintain a high quality of life.
The project would provide high quality multiple family housing that is
currently not found in this area of the City. Although not included in
the City’s Housing Element as an Opportunity Site, the increased
density proposed by the project would also provide the benefit of
helping the City meet the needs of the future Regional Housing Needs
Allocation (RHNA). The Menifee Housing Element states that General
Plan designations in the range of 20.1-24.0 dwelling units/acre can be
used to meet the City’s Low-income requirement of units.
Policy LU-1.5: Support development and land use patterns, where
appropriate, that reduce reliance on the automobile and capitalize on
multimodal transportation opportunities.
The Project will create a mixed-use neighborhood with very high
density residential development in PA 11 and commercial
development along a major transportation and infrastructure corridor
(Highway 74). The placement of dense residential development in
close proximity to commercial development will reduce reliance on
automobiles and would capitalize on transit opportunities along
Highway 74.
In addition, the project also provides several multimodal transportation
opportunities through trails and bike routes/lanes. According to the
City of Menifee General Plan Exhibit C-4 (Proposed Bikeway and
Community Pedestrian Network) the following bikeways are proposed
adjacent to, or within the Project site:
SCE Easement: Community Trail – Hiking, Biking;
Menifee Road: Community On-Street Bike Lanes (Class
II); and
Palomar Road: Class III Bike Routes.
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Specific Plan Amendment No. 2010-090
May 13, 2020
In addition, according to General Plan Exhibit OSC-1 (Proposed
Recreational Trails) a Community Trail is required along Menifee
Road. Future development would implement these improvements.
Policy LU-1.9 - Allow for flexible development standards provided that
the potential benefits and merit of projects can be balanced with
potential impacts.
The Project allows very high density residential uses in Planning Area
11 and commercial development in Planning Area 13. The project
provides flexibility in the future within Planning Area 12, which can be
developed as either very high density residential or commercial
projects. The potential benefits of future development projects will be
balanced with potential impacts as described in the Draft
Environmental Impact Report prepared for the project.
Policy C-1.1 - Require roadways to: Comply with federal, state and
local design and safety standards.
Future development within the project area will be required to improve
adjacent roadways of Palomar Road, Menifee Road, Junipero Road to
City standards as based on the General Plan Circulation Element and
Menifee North Specific Plan. In addition, improvements will also be
required to construct Highway 74 to comply with Caltrans
requirements.
Policy C-2.2 Provide off-street multipurpose trails and on-street bike
lanes as our primary paths of citywide travel and explore the shared
use of low speed roadways for connectivity wherever it is safe to do
so.
According to the City of Menifee General Plan Exhibit C-4 (Proposed
Bikeway and Community Pedestrian Network) the following bikeways
are proposed adjacent to, or within the Project site:
SCE Easement: Community Trail – Hiking, Biking;
Menifee Road: Community On-Street Bike Lanes (Class
II); and
Palomar Road: Class III Bike Routes.
In addition, according to General Plan Exhibit OSC-1 (Proposed
Recreational Trails) a Community Trail is required along Menifee
Road. Future development would implement these improvements.
Policy 2.4 – Explore opportunities to expand the pedestrian and
bicycle networks; this includes consideration of utility easements,
drainage corridors, road rights-of-way, and other potential options.
As noted above, future development within the project area will
provide a community trail and bike lanes for the city.
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Specific Plan Amendment No. 2010-090
May 13, 2020
Goal CD-1 - A unified and attractive community identity that
complements the character of the City's distinctive communities.
The project will provide residential, employment, shopping, and
recreational opportunities for this area of the City. In addition, the
architectural guidelines of the Specific Plan will provide for the
development of an attractive and unified appearance of future uses.
Policy CD-1.2 - Support the development and preservation of unique
communities and rural and suburban neighborhoods in which each
community exhibits a special sense of place and quality of design.
The proposed mix of land uses will support the future development of
a unique community with a planned mixed use residential and
commercial development that will include an SCE easement area that
will be utilized for landscaping, open space and passive recreation
uses.
Policy CD-3.13 - Utilize architectural design features (e.g., windows,
columns, offset roof planes, etc.) to vertically and horizontally
articulate elevations in the front and rear of residential buildings.
The project includes guidelines for residential development which will
require vertically and horizontally articulated elevations for buildings.
Policy CD-3.14 - Provide variations in color, texture, materials,
articulation, and architectural treatments. Avoid long expanses of
blank, monotonous walls or fences.
Architectural guidelines require that buildings will provide variations in
color, texture, materials, articulation and architectural treatment so as
to avoid long flat and blank building surfaces.
Consistency with Housing Element. The Project site is not identified in
the City’s Housing Element as a Housing Opportunity Site for residential.
The Housing Element did not assume the site would contribute any dwelling
units. The Project would, therefore, not conflict with any density range
anticipated in the Housing Element for the site.
For these reasons, the Project is consistent with the City’s General Plan
Land Use Map and General Plan objectives, policies, and programs.
Section 2: The Specific Plan Amendment prescribes reasonable controls
and standards for affected land uses to ensure compatibility and integrity of
those uses with other established uses.
The project is bounded as follows: Vacant land to the north, vacant land,
light manufacturing and a Southern California Edison electrical substation
to the south (on the south side of Highway 74), vacant land and large lot
single-family residential development to the east and vacant land and
mixed commercial uses to the west.
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Specific Plan Amendment No. 2010-090
May 13, 2020
The proposed specific plan amendment is compatible with surrounding land
uses. The amendment was designed to ensure compatibility of proposed
land uses with other established and adjacent land uses. Currently
Planning Areas 11 and 12 are both designated Business Park and adjoin
areas used or designated for residential and recreational uses. Planning
Area 13 is designated Commercial/Business Park. In general, this area of
the Menifee North Specific Plan has become more residential in character
with development of a residential tract in PA 6 and the change in
designation of PA 7 (west of the project site) from Business Park to
Medium-High Density Residential (PA 7A) and High Density Residential
(7B). The proposed amendment re-designates Planning Area 11, as Very
High Density Residential, Planning Area 12, as Very High Density
Residential-Commercial, and Planning Area 13 as Commercial. These
changes together provide a transition between less dense residential uses
to the north and commercial uses along Highway 74 to the south.
Moreover, each Planning Area includes reasonable controls and standards
to ensure compatibility and integrity of proposed uses with other
established uses.
The Specific Plan Amendment also includes development standards and
design guidelines for both residential and commercial development that will
provide for high quality development in this area of the City. Planning Areas
11a and 12a that will contain Very High Density Residential development
will be separated from the existing residential neighborhood by lands
containing a large SCE easement that will be used for landscaping and
passive open space. Therefore the existing neighborhood will be buffered
from the main part of the high density residential project.
Section 3: The Specific Plan provides reasonable property development rights while
protecting environmentally sensitive land uses and species.
The property development rights are compatible with surrounding
development and the adopted City of Menifee General Plan. The proposed
mix of land uses and development standards of the Specific Plan are
reasonable based on site and surrounding existing and planned roadway
infrastructure. The EIR contains an analysis of project impacts on
surrounding sensitive land uses.
The Project is not located in a Criteria Area or Conservation area of the
Multiple Species Habitat Conservation Plan. Biological reports were
conducted to determine sensitive species onsite and applicable mitigation
measures contained in the EIR were included for their protection.
Therefore, the Specific Plan Amendment provides reasonable property
development rights while protecting environmentally sensitive land uses
and species.
Section 4: The Specific Plan provides for the protection of the health, safety and
general welfare of the community.
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Specific Plan Amendment No. 2010-090
May 13, 2020
The Specific Plan Amendment will not result in conditions detrimental to the
public health, safety, or general welfare as proposed. The Environmental
Impact Report prepared for the project includes Mitigation Measures that
will be applied at the time a development project is proposed. Although no
development is proposed at this time, future development proposals will be
subject to Mitigation Measures and will also be reviewed by the City of
Menifee Community Development, Engineering, Building and Safety and
Fire Department and conditioned appropriately to ensure the protection of
the health, safety, and general welfare of the Community. Future conditions
of approval also include Specific Plan requirements for open space,
landscaping and other required amenities for this mixed use project. In
addition, future projects will provide roadway improvements, bike
lanes/routes, fire infrastructure, and drainage improvements that will benefit
the project site and surrounding areas.
In addition, environmental impacts resulting from the implementation of the
Specific Plan have been analyzed in the Menifee North Specific Plan 260,
Amendment No. 3 (2010-090) “Palomar Crossings” Environmental Impact
Report (State Clearinghouse Number 2019029123). The EIR determined
that potential impacts would all be less than significant with the necessary
mitigation incorporated, except for significant and unavoidable impacts to
Air Quality and Transportation. A Statement of Overriding Considerations is
included for the EIR stating that the impacts of the project are acceptable
and outweighed by the benefits of the project. Except for Air Quality and
Transportation, the project is not anticipated to create conditions materially
detrimental to the public health, safety and general welfare or injurious to or
incompatible with other properties or land uses in the project vicinity.
Section 5: Compliance with CEQA. Processing and approval of the permit application
are in compliance with the requirements of the California Environmental
Quality Act.
The Menifee North Specific Plan 260, Amendment No. 3 (2010-090)
“Palomar Crossings” Environmental Impact Report (State Clearinghouse
Number 2019029123) has been completed for the project and
recommended for certification by the City Council pursuant to a separate
Resolution. The potential impacts of the maximum development permitted
by the Specific Plan Amendment were analyzed in the EIR, which the
Planning Commission has considered as part of its proceedings.
NOW THEREFORE, the Planning Commission of the City of Menifee hereby
recommends to the City Council the following:
1. That the City Council determine that the “Findings” set out above are true
and correct.
2. That the City Council finds that the facts presented within the public
record and within the Planning Commission Resolution provide the basis
to approve Specific Plan Amendment No. 3 (SPA 2010-090) subject to
the Conditions of Approval set forth in Exhibit “1” to this Resolution.
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Specific Plan Amendment No. 2010-090
May 13, 2020
PASSED, APPROVED, AND ADOPTED this the 13th day of May 2020.
_________________________
Randy Madrid, Chairman
Attest:
_______________________________
Stephanie Roseen, Deputy City Clerk
Approved as to form:
______________________________
Thai Phan, Assistant City Attorney
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EXHIBIT “1”
CONDITIONS OF APPROVAL
Planning Application No.: Menifee North Specific Plan Amendment No. 3 (SPA
2010-090)
Project Description: Specific Plan No. 260, Amendment No. 3 (Planning
Application No. SPA 2010-090) proposes the following
modifications to the Specific Plan Land Use Plan’s
Planning Areas (PA):
Planning Area 11 (PA11) would be realigned along its
southern boundary and re-designated from Business
Park land uses to Very High Density Residential and
would be split into two (2) subareas, 11A and 11B.
Subarea 11A has an area of 19.56 acres and is located
west of Junipero Road. Subarea 11B has an area of
9.79 acres and is located east of Junipero Road and
will include a portion of the existing Southern California
Edison (SCE) easement that had not previously been
given a specific Planning Area designation.
Planning Area 12 (PA12) would be realigned to a newly
created area between PA11 and PA13 and re-
designated from the current Business Park and
Commercial Business Park land use to Commercial /
Very High Density Residential land uses. Two (2)
subareas are proposed, 12A and 12B. Subarea 12A
has an area of 6.14 acres and is located west of
Junipero Road. Subarea 12B has an area of 3.06
acres and is located east of Junipero Road and
includes a portion of the existing SCE easement that
had not previously been given a specific Planning Area
designation.
Planning Area 13 (PA13) would be realigned along its
northern boundary and re-designated from Commercial
Business Park to Commercial and would be split into
two (2) subareas, 13A and 13B. Subarea 13A has an
area of 10.23 acres and is located west of Junipero
Road. Subarea 13B has an area of 5.19 acres and is
located east of Junipero Road and includes a portion of
the existing SCE easement that had not previously
been given a specific Planning Area designation.
Planning Area 14 (PA14) would retain a Commercial
designation but would be reduced in acreage from 11.7
to 9.27 by redistributing areas into Planning Areas 12B
and 13B.
In addition, the Specific Plan Amendment proposes the
establishment of development standards and allowable
land uses within Planning Areas 11, 12, and 13 and the
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establishment of architectural design guidelines for
residential and commercial development..
Assessor's Parcel No.: 329-090-025, -026, -069, -070, -071, and -072; 329-100-
025, -026, -027, -030, -031, -033, and -034
MSHCP Category: Residential – Density greater than 14.0 du/acre and
Commercial
DIF Category: Multi-Family Residential and Retail or Service Commercial
TUMF Category: TBD
Quimby Category: TBD
Approval Date: TBD (Based on City Council Approval Date)
Expiration Date: TBD (Based on City Council Approval Date)
Within 48 Hours of the Approval of This Project
1. Filing Notice of Determination (EIR). The applicant/developer shall deliver to
the Planning Division a cashier's check or money order made payable to the
County Clerk in the amount of Three Thousand Three Hundred and Ninety-
Three Dollars and Twenty-Five Cents ($3,393.25) which includes the Three
Thousand Three Hundred and Forty-Three Dollars and Twenty-Five Cents
($3,343.25) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus
the Fifty Dollars ($50.00) County administrative fee, to enable the City to file
the Notice of Determination (ND) for the Environmental Impact Report (EIR)
required under Public Resources Code Section 21152 and California Code of
Regulations Section 15075. Per Fish and Wildlife Code Section 711.4(c)(3), a
project shall not be operative, vested or final and local government permits for
the project shall not be valid until the filling fees required are paid.
2. Indemnification. Applicant/developer shall indemnify, defend, and hold
harmless the City of Menifee and its elected city council, appointed boards,
commissions, committees, officials, employees, volunteers, contractors,
consultants, and agents from and against any and all claims, liabilities, losses,
fines, penalties, and expenses, including without limitation litigation expenses
and attorney’s fees, arising out of either the City’s approval of the Project or
actions related to the Property or the acts, omissions, or operations of the
applicant/developer and its directors, officers, members, partners, employees,
agents, contractors, and subcontractors of each person or entity comprising the
applicant/developer with respect to the ownership, planning, design,
construction, and maintenance of the Project and the Property for which the
Project is being approved. In addition to the above, within 15 days of this
approval, the developer/applicant shall enter into an indemnification agreement
with the City. The indemnification agreement shall be substantially the same
as the form agreement currently on file with the City.
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Section I: Conditions Applicable to All Departments
Section II: Community Development Department
Conditions of Approval
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Section I:
Conditions Applicable to all
Departments
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General Conditions
3. Definitions. The words identified in the following list that appear in all capitals
in the attached conditions of the Menifee North Specific Plan No. 260
Amendment No. 3 (Specific Plan Amendment No. 2010-090) shall be
henceforth defined as follows:
Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all
mean the Permittee of this project.
SPECIFIC PLAN = Menifee North Specific Plan as adopted and amended
under Specific Plan Amendment No. 2010-090 Amendment No. 3 dated
January 16, 2020.
FINAL ENVIRONMENTAL IMPACT REPORT = EIR State Clearinghouse
#2019029123, dated April, 2020.
MMRP = Mitigation Monitoring Reporting Program for the Menifee North
Specific Plan No. 260 Amendment No. 3 (Specific Plan Amendment No.
2010-090)
4. Mitigation Monitoring Plan. The developer shall comply with the Mitigation
Monitoring plan for the Menifee North Specific Plan No. 260 Amendment No. 3
(Specific Plan Amendment No. 2010-090) EIR. (refer to the MMRP attached to
the EIR resolution for this project).
5. Modifications or Revisions. The permittee shall obtain City approval for any
modifications or revisions to the approval of this project.
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Section II:
Community Development
Department
Conditions of Approval
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General Conditions
6. Fiscal Impact Analysis – Early Residential Fee. In the event apartments are
constructed without the complete construction of commercial development in
Planning Areas 12 and 13 the applicant will need to mitigate the negative
impacts to the City’s general fund for services as determined by the City review
of the project’s Fiscal Impact Analysis (FIA). The applicant shall make a one-
time in lieu payment of $6,700 per unit or establish a financing mechanism
such as a Community Facilities District, as deemed appropriate by the
Community Development Director for the payment of an annual fee for the
increase in cost of providing City services. Should the residential product type
change from apartments, an updated analysis would be required. In any case,
this COA shall be implemented with the approvals for the residential project
(i.e. Plot Plan/TTM).
7. Modifications to Specific Plan. The applicable sections of the Menifee North
Specific Plan Amendment 3 shall be modified within 14 days of approval to
incorporate the following:
Residential Setbacks. Within Planning Areas 11 and 12, the minimum
setback from the Palomar Road right-of-way/property line shall be 14 feet
regardless of building orientation. The minimum building setback from the
Junipero Road right-of-way/property line shall be 10 feet regardless of
building orientation. No carports shall be allowed in this setback.
Residential Lot Coverage. Maximum residential lot coverage for
Planning Areas 11 and 12 shall be 60% for all structures including
garages and carports.
Minimum Dwelling Unit Size. The minimum dwelling unit size for
Planning Areas 11 and 12 shall be 500 square feet.
Minimum Separation Residential Buildings. The minimum separation
between residential buildings shall be ten (10) feet.
Churches, Temples and Places of Worship. Table V-1 Permitted Land
Uses shall be modified to require that a Pubic Use Permit be obtained for
churches, temples, and other religious places of worship.
Required Open Space and Landscaping. Open space and landscape
requirements for multiple family developments and commercial
development shall be provided on each respective developed site and not
placed within areas containing the SCE easement.
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The undersigned warrants that he/she is an authorized representative of the
project referenced above, that I am specifically authorized to consent to all of the
foregoing conditions, and that I so consent as of the date set out below.
_______________________________________________ ___________________
Signed Date
_______________________________________________ ___________________
Name (please print) Title (please print)
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AGREEMENT TO INDEMNIFY AND HOLD HARMLESS
This Agreement to Indemnify and Hold Harmless (“Agreement”) is entered into, effective
as of ___________ ____, 2020, by and between the CITY OF MENIFEE, a municipal
corporation, on the one hand,(“City”), and Romola General/Malaga 74, LLC (“Indemnitor”
or “Indemnitors”), on the other. The City and Indemnitor(s) are herein referred to
collectively as the “Parties” and individually as a “Party.”
RECITALS
Whereas, Applicant has applied to the City for a Specific Plan Amendment to
amend the Menifee North Specific Plan with modifications to Planning Areas 11, 12, 13
and 14. Proposed changes for these Planning Areas include the realignment of
boundaries and acreages, the re-classification of land use designations for Planning
Areas 11, 12 and 13, the establishment of development standards and allowable land
uses within Planning Areas 11, 12, and 13 and the establishment of architectural design
guidelines for residential and commercial development (the “Project”) located north of
Highway 74, west of Menifee Road, east of Palomar road, in the City of Menifee, County
of Riverside, State of California (APNs 329-090-025, 329-090-026, 329-090-069, 329-
090-070, 329-090-071, 329-090-072, 329-100-025, 329-100-026, 329-100-027, 329-
100-030, 329-100-031, 329-100-033, and 329-100-034) (the “Property”); and
Whereas, in connection with the consideration of the above-mentioned
discretionary approvals, Indemnitor(s) has offered to, and hereby agrees that it will,
indemnify and hold the City harmless from any challenges arising from or related to the
discretionary approvals, the Property or the Project as more fully set forth in this
Agreement.
AGREEMENT
NOW, THEREFORE, for full and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, and based upon the foregoing recitals, and the terms,
conditions, covenants, and agreements contained herein, the Parties hereto agree as
follows:
1. Incorporation of Recitals. The Recitals set forth above are an integral part of
this Agreement, and are fully incorporated herein.
2. Indemnitors’ Indemnification Obligations. Indemnitor(s) shall indemnify,
defend, and hold harmless the City of Menifee and its elected city council,
appointed boards, commissions, committees, officials, employees, volunteers,
contractors, consultants (which may include the County of Riverside and its
employees, officers, officials, and agents), and agents (herein, collectively, the
“Indemnitees”) from and against any and all claims, liabilities, losses, fines,
penalties, and expenses, including without limitation litigation expenses and
attorney’s fees, arising out of either (i) the City’s approval of the Project or
actions related to the Property, including without limitation any judicial or
administrative proceeding initiated or maintained by any person or entity
challenging the validity or enforceability of any City permit or approval relating to
the Project, any condition of approval imposed by the City on such permit or
approval, and any finding or determination made and any other action taken by
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any of the Indemnitees in conjunction with such permit or approval, including
without limitation any action taken pursuant to the California Environmental
Quality Act (“CEQA”), or (ii) the acts, omissions, or operations of the
Indemnitor(s) and the directors, officers, members, partners, employees, agents,
contractors, and subcontractors of each person or entity comprising the
Indemnitor(s) with respect to the ownership, planning, design, construction, and
maintenance of the Project and the Property for which the Project is being
approved. The City shall notify the Indemnitor(s) of any claim, lawsuit, or other
judicial or administrative proceeding (herein, an “Action”) within the scope of this
indemnity obligation and request that the Indemnitor(s) defend such Action with
legal counsel reasonably satisfactory to the City. If the Indemnitor(s) fails to so
defend the Action, the City shall have the right but not the obligation to do so with
counsel of their own choosing, with no right of approval by Indemnitor(s) and, if
they do, the Indemnitor(s) shall promptly pay the City’s full cost thereof, with
payments made at least on a monthly basis. Notwithstanding the foregoing, the
indemnity obligation under clause (i) of the first sentence of this condition shall
not apply to the extent the claim arises out of the willful misconduct or the sole
active negligence of the City. This Agreement shall survive any final action on
the Project, and shall survive and be independent of any Project approvals, even
if such Project approvals are invalidated in whole or part.
3. Entire Agreement; Amendments and Waivers. This Agreement contains the
entire agreement between the City and Indemnitor(s) with respect to the subject
matter set forth herein and supersedes any prior discussions, negotiations, and
agreements with respect thereto. This Agreement may be amended or modified
only by a written agreement executed by both Parties. No waiver of any of the
terms of this Agreement shall be effective or binding unless in writing and
executed by an authorized representative of the Party waiving its rights
hereunder.
4. Successors and Assigns. This Agreement shall be binding upon the heirs,
executors, administrators, successors, transferees, and assigns of the Parties.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement to
be effective as of the date first written above.
Dated: , 2020
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
“CITY”
CITY OF MENIFEE, a California
Municipal Corporation
By:
Its: ___________________________
DocuSign Envelope ID: CD43A72D-7D3B-4A27-8DCC-3BC4458984FD
12
_________________________________
Attorneys for the City of Menifee
Dated: , 2020
“INDEMNITOR”
Romola General/Malaga74, LLC
By:
Print Name:
Title:
Its Manager/Managing Member
DocuSign Envelope ID: CD43A72D-7D3B-4A27-8DCC-3BC4458984FD
STATE OF CALIFORNTA )
COUNTY OF RIVERSIDE ) ss
crTY oF MENTFEE )
l, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certify that the
foregoing Planning Commission Resolution No. PC20496 was duly adopted by the Planning
Commission of the City of Menifee at a meeting thereof held on the 13 day of May 2020 by
the following vote:
Ayes: Kanvin, Thomas, Diederich, Madrid
Noes: Phillips
Absent: None
Abstain: None
Roseen, CMC
Deputy City Clerk
MENIFEE I
oA.
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