PC24-624RESOLUTION NO. PC 24-624
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA RECOMMENDING THE CITY COUNCIL
APPROVE AN AMENDMENT TO THE CIMARRON RIDGE SPECIFIC
PLAN DEVELOPMENT AGREEMENT NO. PLN 23-0241 BY AND
BETWEEN THE CITY OF MENIFEE AND PULTE HOME COMPANY,
LLC
WHEREAS, on October 18, 2023, the applicant, Pulte Home Company, LLC
("Applicant") filed a formal application with the City of Menifee to amend the previously
approved Cimarron Ridge Specific Plan Development Agreement between the Applicant
and the City of Menifee ("Development Agreement" or "DA") concerning the development
of the Cimarron Ridge Specific Plan; and
WHEREAS, the application for the amendment to the DA is being processed
concurrently with applications for a Specific Plan Amendment (SPA) No. PLN 23-0060
and Major Modification to Tentative Tract Map (TTM) No. 36658; and
WHEREAS, City has found that development agreements will strengthen the
public planning process, encourage private participation in comprehensive planning by
providing a greater degree of certainty in that process, reduce the economic costs of
development, allow for the orderly planning of public improvements and services, allocate
costs to achieve maximum utilization of public and private resources in the development
process, and ensure that appropriate measures to enhance and protect the environment
are achieved; and
WHEREAS, on February 28, 2024, the Planning Commission of the City of
Menifee held a duly noticed public hearing on the Project, considered all public testimony
as well as all materials in the staff report and accompanying documents for Amendment
to the Cimarron Ridge Specific Plan DA No. PLN23-0241, which the hearing was publicly
noticed on February 18, 2024 by a publication in The Press Enterprise (a newspaper of
general circulation), an agenda posting, and notice to property owners within 300 feet of
the Project boundaries, and to persons requesting public notice; and
WHEREAS, the DA has been prepared, processed, reviewed, heard, and
approved in accordance with applicable law, including but not limited to Section 65864 et
seq. of the Government Code and is attached hereto as "Exhibit A" of this Resolution.
NOW, THEREFORE, the Planning Commission of the City of Menifee resolves as
follows:
Section 1: The proposed DA is consistent with the objectives, policies, general land
uses and programs specified in the General Plan and any applicable specific
plan.
The proposed DA supports the amendments and revisions to Cimarron Ridge
Specific Plan and Major Modification to TTM No. 36658. The DA has been
revised to reflect the changes proposed as part of the SPA. The changes to
the DA will reflect the relocation of the 10.19-acre park from Planning Area
(PA) 5 to PA-4, the relocation of 49-single-family residential lots from PA-4
to PA-5, add gated entry to PA-5 and PA-6 with gates located on McLaughlin
Road, Byers Road, and Goetz Road.
Cimarron Ridge - DA Amendment
February 28, 2024
The Project is consistent with the Specific Plan land use designation. In
addition, the Project will provide the residential uses envisioned in the
General Plan and will generating economic growth and supplying needed
infrastructure, services and amenities envisioned in the General Plan.
In addition, the Project and associated DA are consistent with the following
City of Menifee General Plan policies:
Policy LU-1.1: Concentrate growth in strategic locations to help
preserve rural areas, create place and identity, provide infrastructure
efficiently, and foster the use of transit options.
The Project places appropriate uses within an area designated Specific
Plan per the General Plan. Growth has been concentrated in this
strategic location to help preserve rural areas. Through the land use
plan, development standards, and the design guidelines, the Specific
Plan will create a unique place and develop its own identity. The Land
Use Plan, Circulation Plan, Grading Plan, and Phasing Plan of the
Specific Plan will ensure that that development will provide
infrastructure efficiently.
The DA implements and is consistent with Land Use Plan, Circulation
Plan, Grading Plan, and Phasing Plan of the Specific Plan.
• Policy LU-1.2: Provide a spectrum of housing types and price ranges
that match the jobs in the city and make it possible for people to live
and work in Menifee and maintain a high quality of life.
The Project provides a variety of lot sizes that can accommodate
different housing types and price ranges including age restricted
housing. The Project contains residential and recreation opportunities
fostering a high quality of life.
• Policy C-1.1 Require roadways to: Comply with federal, state and local
design and safety standards.
The TTM proposes improvements for roadways, including but not
limited to Valley Blvd, Goetz Road, McLaughlin Road and Thornton
Road, which are consistent with the City's General Plan and the City's
Public Works and Engineering Department Standard Details.
Policy CD-1.3: Strengthen the identity of individual
neighborhoods/communities with entry monuments, flags, street signs,
and/or special tree streets, landscaping, and lighting.
The Project includes entry monuments with a common architectural
theme that will strengthen the identity of the development. Special
trees and landscaping have been incorporated into the overall design
and streetscapes.
Cimarron Ridge - DA Amendment
February 28, 2024
• CD-6.1 Recognize the importance of street trees in the aesthetic appeal
of residential neighborhoods and require the planting of street trees
throughout the City.
The proposed Project will include street trees throughout the project
site.
• HE-2.4 Parks and Recreation. Enhance neighborhood livability and
sustainability by providing parks and open spaces, planting trees,
greening parkways, and maintaining a continuous pattern of paths that
encourage an active, healthy lifestyle.
As described above, the Project provides parks and open spaces,
including expanded parkways, trees and a pattern of pathways that
encourage an active healthy lifestyle.
Section 2: Consistency with the Zoning Code. The proposed DA is compatible with
uses authorized in, and the regulations prescribed for, the zone in which the
real property will be located.
The General Plan land use and zoning designation of the site is Cimarron
Ridge Specific Plan; however, the proposed Amendment to the DA is being
concurrently processed with a SPA to transfer lots and relocate the main
park. In addition, the Project is being processed concurrently with a Major
Modification to TTM No. 36658.
As amended, the DA will strengthen the public planning process, encourage
private participation in comprehensive planning by providing a greater
degree of certainty in that process, reduce the economic costs of
development, allow for the orderly planning of public improvements and
services, allocate costs to achieve maximum utilization of public and private
resources in the development process, and ensure that appropriate
measures to enhance and protect the environment are achieved.
Section 3: The proposed DA is inconformity with and will promote public convenience,
general welfare and good land use practice.
The Project would facilitate the development of a Specific Plan that includes
a mix of residential lot sizes and public/quasi-public facilities. The residential
uses proposed are similar to existing development surrounding the Project
site.
The Project is compatible with the surrounding land uses, general plan land
use designations and zoning classifications. The Project incorporates quality
design, parks, landscaping and other improvements which will enhance the
area upon construction. The proposed DA provides for the orderly
construction of road improvements, utilities, drainage and other
improvements. The proposed DA is consistent with the Specific Plan and will
assist the Applicants in implementation of the Specific Plan. The proposed
DA is in conformity with and will promote public convenience, general welfare
and good land use practice.
Cimarron Ridge - DA Amendment
February 28, 2024
Section 4: The DA will not create conditions materially detrimental to the public health,
safety and general welfare within the City.
The DA will not result in conditions detrimental to public health, safety, or
general welfare. The associated entitlements have been reviewed and
conditioned by the City of Menifee Community Development Department,
Engineering Department, and Office of the Fire Marshal to ensure it will not
create conditions materially detrimental to the surrounding uses. Conditions
of approval include requiring park and other amenities to support the
proposed residential component, roadway improvements consistent with the
General Plan that will benefit the project site and surrounding areas.
The proposed DA does not contain any provisions that would create
conditions materially detrimental to the public health, safety and general
welfare or injurious to or incompatible with other properties or land uses in
the Project vicinity and within the City.
Section 5: Orderly Development. The DA would not adversely affect the orderly
development of property and surrounding area, or the preservation of
property values.
The proposed DA would assist with and would not interfere with the Specific
Plan and implementing maps/land use entitlements. The timing of
infrastructure, including parks, was carefully considered and coordinated
consistent with the original DA. Therefore, the DA would not adversely affect
the orderly development of the surrounding area. The proposed DA would
not alter the land uses as proposed in the Specific Plan. The proposed DA
would not conflict with surrounding existing and planned land uses and would
not have the potential to adversely affect property values. The proposed DA
would assist with the implementation of the Specific Plan, which includes
improvements to surrounding roads and the construction of parks. The
improvements associated with the Specific Plan implementation are
anticipated to enhance and improve the surrounding area and not adversely
affect property values.
Section 6: Encourage Development. The DA would promote and encourage the
development of the proposed project by providing a greater degree of
requisite certainty.
The assurances provided to the Applicant through the proposed DA, such as
vesting and timing for public improvements, would provide greater certainty
and reduced risk that would encourage development as approved under the
Specific Plan and the infrastructure associated with it that would serve the
surrounding area.
Section 7: The proposed DA that includes a subdivision, and any tentative map
prepared for the subdivision, will comply with the provisions in Government
Code Section 66473.7.
The DA includes a Major Modification to a previously approved subdivision
as described in the staff report. The changes are consistent with the
Cimarron Ridge Specific Plan and supported by the General Plan.
Cimarron Ridge - DA Amendment
February 28, 2024
Section 8: California Environmental Quality Act (CEQA) Compliance. The City, as
the Lead Agency, determined it is subject to CEQA Guidelines and regulations (Public
Resources Code [PRC] Sections 21000-21177). The City has prepared this Addendum
to the Cimarron Ridge Specific Plan Environmental Impact Report (EIR) to analyze the
potential impacts associated with the proposed Project and satisfy the requirements of
CEQA Guidelines Section 15164, Addendum to an EIR or Negative Declaration.
The analysis presented in the Addendum substantiates that the Final EIR (FEIR) for the
Specific Plan is sufficient to satisfy CEQA requirements for the approval of the proposed
Project. That is, implementation and operation of the proposed Project described in the
Addendum would not result in any new or substantially more severe environmental
impacts than were previously considered and addressed in the FEIR. Further, the Project
would implement all applicable mitigation measures presented in the FEIR. As such,
potential environmental impacts of the Project are considered to be adequately and
appropriately addressed by analysis presented in the FEIR.
Section 9: Approval of the DA. The Planning Commission recommends that the City
Council find that the facts present within the public record and within this Resolution
provide the basis to approve DA Amendment No. PLN 23-0241.
Section 10: The documents and materials that constitute the record of proceedings on
which this Resolution has been based are located at the Community Development
Department — Planning Division, 29844 Haun Road, Menifee, CA 92586. This information
is provided in compliance with Public Resources Code Section 21081.6.
Attest:
PASSED, APPROVED AND ADOPTED this 28th day of February 2024.
I�
eff ue, Chairman
Z
achel Valencia, Administrative Assistant
Approv d as to form:
-P �A�
Tha4_Phan, Assistant City Attorney
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Menifee
29714 Haun Road
Menifee, California 92586
Attn: City Clerk
Exempt from Fees Per Gov. Code § 6103
Space above this line for Recorder's Use Only
AMENDMENT NO.2 TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN
CITY OF MENIFEE
AND
CIMARRON RIDGE, LLC
REGARDING THE CIMARRON RIDGE SPECIFIC PLAN PROJECT
This Amendment No. 2 to the Development Agreement by and between City of Menifee
and Cimarron Ridge, LLC (the "Second Amendment") is entered into as of the day of
, 2024 ("Effective Date") by and between the CITY OF MENIFEE, a California municipal
corporation ("City"), and PULTE HOME COMPANY, LLC, a Michigan limited liability
company, who is the successor -in -interest to Cimarron Ridge, LLC ("Developer"), and is made
with reference to the following facts and objectives:
RECITALS
A. On or about June 7, 2017, the City and Cimarron Ridge, LLC entered into that
certain Development Agreement By and Between City of Menifee and Cimarron Ridge, LLC
Regarding the Cimarron Ridge Specific Plan Project ("Original DA").
B. On or about May 11, 2023, the City and Cimarron Ridge, LLC entered into that
certain "Minor Amendment to the Development Agreement By and Between City of Menifee and
Cimarron Ridge, LLC Regarding the Cimarron Ridge Specific Plan Project." ("First
Amendment") to adjust the timing for completion of travel way improvements to Goetz Road
from Thorton to White Quartz, and to White Quartz from Thorton to Goetz Road;
C. On or about July 16, 2021, Developer became the successor in interest to the rights
and obligations of Cimarron Ridge, LLC under the Original DA, as revised by the First
Amendment. The Parties contemplate that an assignment and assumption agreement in the form
attached as Exhibit C to the Original DA will be reviewed and acted upon concurrent with the
City's review and action on this Second Amendment..
D. Developer has submitted a Specific Plan Amendment application to revise the
Project Approvals (as that term is defined in the Original DA) to develop Planning Areas 5 and 6
(as defined in the Cimarron Ridge Specific Plan No. 2013-247) as a private and gated age -
restricted, active adult community with certain private recreational amenities, and to relocate the
public neighborhood park from Planning Area 5 to Planning Area 4 (each as defined in the
Cimarron Ridge Specific Plan No. 2013-247), and to revise the phasing plan for the timing and
sequencing of developing the remaining Planning Areas as defined in the Cimarron Ridge Specific
Plan No. 2013-247 so that they can proceed concurrently (collectively, the "Specific Plan
Amendment"); and in connection therewith, the parties desire to amend the Original DA (as
already amended by the First Amendment) to remain consistent with the Specific Plan
Amendment;
In consideration of the foregoing and pursuant to Section 6.1 of the Development
Agreement, the Development Agreement is hereby further amended as follows:
AGREEMENT
1. Use of Capitalized Terms. Unless otherwise defined herein, capitalized terms
used in this Second Amendment shall have the meaning assigned to such terms in the Original
DA.
2. "Agreement" References. Unless the context requires otherwise, references to the
"Agreement" or the "Development Agreement" in this Second Amendment shall mean and refer
to the Original DA as amended by the First Amendment and this Second Amendment.
3. Revisions to Project Description. The "Project Approvals" and "Project" as
defined in Recital D of the Development Agreement are amended to incorporate the following
modifications: (i) the approximately 10 acre public neighborhood park and 99 parking spaces
previously approved in Planning Area 5 are being revised to approximately 10.19 acres and 101
parking spaces, and are being relocated to Planning Area 4 in place of the previously approved 0.7
acre pocket park; (ii) Planning Areas 5 and 6 are being redesigned as a private and gated age -
restricted, active adult community; and (iii) a private recreational center on approximately 1.22
acres and private pickle ball facility on approximately 1.19 acres, along with 17 additional parking
spots, are being added to Planning Area 5.
4. Revisions to Definitions.
a. The definition of "Planning Area" shall be added as a new defined term
between the definitions of "Permitted Uses" and "Planning Commission" in the Original
DA, as follows:
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"Planning Area" shall mean and refer to the planning areas, as defined in the
Cimarron Ridge Specific Plan (No. 2013-247), as it may be amended from time to
time in accordance with Applicable Laws and the Development Agreement.
b. The definition of "Sports Field" and "Sports Field Uses" at Page 7 of the
Development Agreement shall be amended in its entirety as follows:
"Sports Park" shall mean that minimum 10.19-acre multipurpose park within
Planning Area 4 of the Specific Plan improved with two baseball fields, one soccer
field, stadium lighting, bathrooms, walking trails, all inclusive playground, and
related amenities; the athletic fields at the Sports Park shall use irrigated grass
playing fields and/or artificial turf fields of a size and quality appropriate to meet
the standards promulgated by the California State Soccer Association - South (Cal
South), or equivalent standards for youth soccer for general practice and local
garnes (not including tournaments), as well as flag football and similar youth sports
field uses. The term "Sports Park" shall not include any permanent structures, other
than baseball field fencing and stands, restroom and concession facilities, Light
Infrastructure, a picnic pavilion, benches and tot lots, and such other facilities as
are depicted in Specific Plan section 3.L
5. Revisions to Section 4.15. Section 4.15 of the Development Agreement is
amended to read in its entirety as follows:
4.15 Developer Park Improvement Credits. This Section 4.15 shall set forth the
full and complete satisfaction of the Developer's obligation to the City related to
provision of neighborhood and/or community parks pursuant to the Municipal
Code, Government Code section 66477 (the "Quimby Act") and this Agreement,
and no further park dedications, in -lieu fees or other facility requirements of any
type related to local park obligations ("Public Park Obligation") shall apply to the
Project. Developer is obligated, based on the City's formula for local park
dedication, to provide 10.77 acres of unimproved neighborhood parks. Developer
will be providing 10.19 acres of dedicated land for the Sports Park. The specific
details and formula for Developer's park code obligation, and proposed park
dedications/estimated improvement costs are as follows:
Park Land Dedication and In Lieu Payment Obligations
• Developers Quimby Act/City Code Obligation = 10.77 acres (756 DUs (or
final maximum lot count per the approved Specific Plan) x 2.85 persons per
DU 2,154.6 persons; @ 5 acres/1000 persons= 10.77 acres).
Specific Plan Proposed Park (Sports Park) Total W.19 acres (City owned
and maintained community park in Planning Area 4)
Quimby in lieu payment clue to City for 0.58 acres of parkland (10.77 acre
requirement less 10.19 acre dedication), which shall be calculated based
upon the per acre fair market value of the improved value of the subdivision
(per Municipal Code Section 7.75.070), and which shall be paid prior to
recordation of the final map for Planning Area 4.
Park Imarovement Obligation and Park DIF Credits
• Current Estimated Park Improvement Costs: 10.19-acre fully improved,
dedicated multi -purpose community park with Sports Park in Planning Area
4 = $5,509,6721
• The above calculated improvement costs are estimates only and shall not be
used as any basis for limitations of park improvements.
• Based on the above formula and obligation, Developer shall be entitled to
credits from the parks component of the City-wide Impact Fee ("Park
DIF") for the final verified costs of the Sports Park.
• Developer shall pay the applicable per unit in Park DIF at each certificate
of occupancy until City approval of the final verified costs of the Sports
Park, at which time the Park DIF paid by Developer pursuant to this
provision shall be refunded to Developer, but only to the extent of available
credits as provided hereunder. In no event shall Developer be entitled to
fee credits in excess of the amounts actually paid to the City pursuant to this
provision.
4. Revisions to Section 4.15.1(b). Section 4.15.1(b) of the Development Agreement
is amended to read in its entirety as follows:
(b) Construction of Sports Park. Prior to issuance of building permits for the
first residential unit in Planning Areas 4, 5, 6 or 7, Developer shall submit park
improvement plans for the Sports Park, consistent with the conceptual Sports Park
plans approved by the City Council on or about , 2024. Within 60 days
following final City approval of all required plans and permits for the Sports Park,
Developer shall commence construction of the Sports Park and shall thereafter
diligently pursue completion thereof, with substantial completion and opening of
for public use occurring no later than the earlier of (i) twelve months following
commencement of construction and (ii) issuance of the four hundred eighty-fifth
(485t") building permit within the Project overall. As a condition precedent to this
Second Amendment taking effect, Developer shall provide City with a completion
bond in a form acceptable to the City and in the full amount of the estimated cost
of constructing the Sports Park, as well as a construction schedule for the Sports
Park, The bond shall be callable if, among other reasons, Developer fails to meet
the construction schedule deadlines; provided, however, that (i) the parties shall
reasonably and in good faith consider modifications to the construction schedule
where required due to factors beyond Developer's reasonable control; and (ii) the
' Estimated construction costs; credit to be based on final, verified improvement costs.
4
Sports Park shall in no event be completed later than the issuance of the four
hundred eighty-fifth (4851h) building permit within the Project overall. Upon
completion of the Sports Park in substantial conformance with the approved park
improvement plans, City shall promptly accept the Sports Park and release the
security described herein.
5. Revisions to Section 4.15.1(c). Section 4.15.1(c) of the Development Agreement
is amended to read in its entirety as follows:
(c) CityTimely Review. The City shall, within its reasonable discretion and
subject to the requirements of this Agreement, approve, conditionally approve, or
reject the park improvement plans described in Section 4.15.1(b) in a timely
manner, taking into account competing demands on staff capacity. The City shall
not unreasonably withhold or delay its review of such park improvement plans.
6. Revisions to Section 4.15.1(d). Section 4.15.1(d) of the Development Agreement
is amended to read in its entirety as follows:
(d) CFD for Park Maintenance. Developer agrees to and hereby requests that
the City create or annex the Property into a valid and enforceable land -based
financing mechanism ("Financing Mechanism") that will provide for the long-
term operations and maintenance funding for the Sports Park. The Financing
Mechanism is anticipated to be the citywide community facilities district, which
the Project shall annex into, consistent with Developer's agreement and request (as
provided in the first sentence of this paragraph), prior to recordation of each Final
Map. The Developer shall establish a Homeowners Association, with conditions,
covenants, and restrictions reasonably approved by the City, which shall be
responsible for maintaining and operating the private recreation center, pickle ball
facility, and all other private recreational amenities constructed within Planning
Areas 5 and 6. Developer shall also establish a Homeowners Association, with
conditions, covenants, and restrictions reasonably approved by the City, which
shall be responsible for maintaining and operating the park in Planning Area 1 B.
Prior to issuance of the first building permit following execution of this Second
Amendment, Developer shall post an appropriate bond, in a form approved by the
City Attorney, for completion of the required park improvements.
7. Cooperation; Further Acts. Each party agrees to provide reasonable assistance
to the other and cooperate to carry out the intent and fulfill the provisions of this Second
Amendment. Each of the parties shall promptly execute and deliver all documents and perform
all acts as necessary to carry out the matters contemplated by this Second Amendment.
8. Integration; Interpretation; Recordation. The Original DA, the First
Amendment, and this Second Amendment reflects the complete understanding of the parties with
respect to the subject matter thereof. To the extent this Second Amendment conflicts with the
Original DA, or any prior interpretation thereof, this Second Amendment supersedes the Original
DA and any prior interpretations thereof. In all other respects, the parties hereto re -affirm and
ratify all other provisions of the Original DA and the First Amendment. This Second Amendment
shall be duly recorded following its full execution.
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9. Counterparts. This Second Amendment may be executed in counterparts, each of
which shall be deemed an original, and all such counterparts, when taken together, shall constitute
one agreement.
10. Authority. The person or persons executing this Second Amendment on behalf of
the City and Developer warrant and represent that they have the authority to execute this Second
Amendment and the authority to bind the City and Developer, as applicable, to the performance
of their respective obligations hereunder.
on
IN WITNESS WHEREOF, the City and the Developer have signed this Second
Amendment, by and through the signatures of their authorized representatives as of the day and
year first hereinabove written.
CITY OF MENIFEE,
a California municipal corporation
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Jeffrey Melching, Esq.
Rutan & Tucker, LLP,
City Attorney
PULTE HOME COMPANY, LLC,
a Michigan Limited Liability Company
7
ENIF
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Rachel Valencia, Administrative Assistant of the City of Menifee, do hereby certify that the
foregoing Planning Commission Resolution No. PC24-624 was duly adopted by the Planning
Commission of the City of Menifee at a meeting thereof held on the 28th day of February, 2024 by
the following vote:
Ayes:
Diederich, Long, Thomas, LaDue
Noes:
None
Absent:
None
Abstain:
Madrid
W
chel Valencia, Adminislrative Assista