Approval of Subordination, Non-Disturbance and Attornment (SNDA) Agreement, Approval of Ground Lessor’s Consent, Estoppel Certificate and Agreement for Vail Ran
Summary
SCH Number
2025021001
Public Agency
Riverside County
Document Title
Approval of Subordination, Non-Disturbance and Attornment (SNDA) Agreement, Approval of Ground Lessor’s Consent, Estoppel Certificate and Agreement for Vail Ran
Document Type
NOE - Notice of Exemption
Received
Posted
2/26/2025
Document Description
On November 1, 2016, the County accepted the dedication of the Vail Ranch Historic Site from
Vail Headquarters, LLC (VHQ) and entered into a Developer Lease and Memorandum of Lease. VHQ is to retain title to
the restored structures throughout the term of the Developer Lease.
The attached Ground Lessor’s Consent, Estoppel Certificate and Agreement between the County, VHQ, and SMBC
Manubank a California banking corporation, the lender for VHQ, reaffirms the primary terms and conditions of the
associated Ground Lease for the purpose of providing SMBC Manubank, assurances regarding the project, the obligations
of the parties related thereto, and the lender’s position within the transaction.
VHQ has also requested a loan to be secured by a deed of trust, and Lender has requested execution of the attached
Subordination, Non-Disturbance and Attornment Agreement by the County. By execution of this agreement, the County
agrees to subordinate its leasehold estate to the liens in favor of the Lender which shall have no effect on prospective rights
and obligations of the County or the Lender as set forth in the Lease. In addition, in the event the Lender or its successor
becomes the Lessor, the County will recognize (attorn) the Lender or its successor as Lessor and the County’s right and
obligations shall remain the same (not disturbed) as set forth in the Lease for the remainder of the Lease term. The approval
of the SNDA Agreement Ground Lessor’s Consent, and Estoppel Certificate is defined as the proposed project under the
California Environmental Quality Act (CEQA). The project is limited to revisions to contractual obligations of a Lease of
an existing facility and no expansion of the existing facility will occur. The operation of the facility will continue to provide
public services. No additional direct or indirect physical environmental impacts are anticipated.
Contact Information
Name
Michael Sullivan
Agency Name
County of Riverside Facilities Management
Job Title
Facilities Operations Manager
Contact Types
Lead/Public Agency
Phone
Email
Location
Cities
Temecula
Counties
Riverside
Regions
Southern California
Parcel #
960-010-044
Other Information
south of Temecula Valley Parkway, west of Redhawk Parkway,
Notice of Exemption
Exempt Status
Categorical Exemption
Type, Section or Code
15301
Reasons for Exemption
This categorical exemption includes the operation, repair,
maintenance, leasing, or minor alteration of existing public or private structures or facilities, provided the exemption
only involves negligible or no expansion of the previous site’s use. The project, as proposed, is limited to the
administrative approval of contractual agreements to the existing Developer Lease for Vail Ranch. The planned use
of the site would continue in the same manner as under the current lease and would not require any expansion of
service or facilities; therefore, the project is exempt as the project meets the scope and intent of the Class 1
Exemption identified in Section 15301, Article 19, Categorical Exemptions of the CEQA Guidelines.
The proposed project is categorically exempt from the provisions of CEQA
specifically by the State CEQA Guidelines as identified below. The project will not result in any specific or general
exceptions to the use of the categorical exemption as detailed under State CEQA Guidelines Section 15300.2. The project
will not cause an impact to an environmental resource of hazardous or critical concern nor would the project involve unusual
circumstances that could potentially have a significant effect on the environment. The project would not result in impacts
to scenic highways, hazardous waste sites, historic resources, or other sensitive natural environments, or have a cumulative
effect to the environment. The Ground Lessor’s Consent, Estoppel Certificate Agreement and SNDA are not anticipated to
result in any direct or reasonably foreseeable indirect physical environmental impacts..
Therefore, the County of Riverside Facilities Management hereby concludes that no physical environmental impacts are
anticipated to occur and the project as proposed is exempt under CEQA. No further environmental analysis is warranted.
Exempt Status
Other
Type, Section or Code
15061 (b) (3)
Reasons for Exemption
In accordance with CEQA, the use of the Common Sense
Exemption is based on the “general rule that CEQA applies only to projects which have the potential for causing a
significant effect on the environment.” State CEQA Guidelines, Section 15061(b) (3). The use of this exemption is
appropriate if “it can be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment.” Ibid. This determination is an issue of fact and if sufficient evidence exists
in the record that the activity cannot have a significant effect on the environment, then the exemption applies and
no further evaluation under CEQA is required. See No Oil, Inc. v. City of Los Angeles (1974) 13 Cal. 3d 68. The
ruling in this case stated that if a project falls within a category exempt by administrative regulation or 'it can be
seen with certainty that the activity in question will not have a significant effect on the environment', no further
agency evaluation is required. With certainty, there is no possibility that the project may have a significant effect
on the environment. The proposed Ground Lessor’s Consent, Estoppel Certificate Agreement and SNDA will not
result in any direct or indirect physical environmental impacts. The planned use and operation of the facility will
not change from what was originally assumed for the site and will not create any new environmental impacts to the
surrounding area. No alterations and no impacts beyond the planned use of the site would occur. Therefore, in no
way, would the project as proposed have the potential to cause a significant environmental impact and the project
is exempt from further CEQA analysis.
The proposed project is categorically exempt from the provisions of CEQA
specifically by the State CEQA Guidelines as identified below. The project will not result in any specific or general
exceptions to the use of the categorical exemption as detailed under State CEQA Guidelines Section 15300.2. The project
will not cause an impact to an environmental resource of hazardous or critical concern nor would the project involve unusual
circumstances that could potentially have a significant effect on the environment. The project would not result in impacts
to scenic highways, hazardous waste sites, historic resources, or other sensitive natural environments, or have a cumulative
effect to the environment. The Ground Lessor’s Consent, Estoppel Certificate Agreement and SNDA are not anticipated to
result in any direct or reasonably foreseeable indirect physical environmental impacts..
Therefore, the County of Riverside Facilities Management hereby concludes that no physical environmental impacts are
anticipated to occur and the project as proposed is exempt under CEQA. No further environmental analysis is warranted.
County Clerk
Riverside
Attachments
Notice of Exemption
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