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HomeMy Public PortalAboutFebruary 4, 2020 City Council Packet CITY COUNCIL CLOSED & REGULAR SESSION 550 E. 6th Street, Beaumont, CA Tuesday, February 04, 2020 Closed Session: 5:00 PM | Regular Meeting: 6:00 PM Beaumont Financing Authority Beaumont Successor Agency (formerly RDA) Beaumont Utility Authority Beaumont Parking Authority Beaumont Public Improvement Authority Community Facilities District 93-1 AGENDA Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk’s office at 550 E. 6th Street during normal business hours. Any person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk’s office at (951)769-8520, at least 48 hours prior to the meeting in order to make a request for a disability related modification or accommodation. Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a “Public Comment Form” provided in the back and give it to the City Clerk. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. State law prohibits the City Council from discussing or taking actions brought up by your comments. CLOSED SESSION - 5:00 PM A Closed Session of the City Council / Beaumont Financing Authority / Beaumon t Utility Authority / Beaumont Successor Agency (formerly RDA)/Beaumont Parking Authority / Beaumont Public Improvement Authority may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel mat ters, labor negotiations, security matters, providing instructions to real property negotiators and conference with legal counsel regarding pending litigation. Any public comment on Closed Session items will be taken prior to the Closed Session. Any requir ed announcements or discussion of Closed Session items or actions following the Closed Session with be made in the City Council Chambers. CALL TO ORDER Mayor Santos, Mayor Pro Tem Lara, Council Member Carroll, Council Member Martinez, Council Member White Public Comments Regarding Closed Session Page 1 1. Conference with Legal Counsel – Anticipated Litigation: Significant Exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Claims of Maria Kritzberger & Estate of Darren R. Kritzberger 2. Conference with Legal Counsel Existing Litigation-Pursuant to Government Code Section 54956.9(d)(1): Urban Logic v. City of Beaumont et. al. Case No. RIC 1797201 Adjourn to Regular Session REGULAR SESSION - 6:00 PM CALL TO ORDER Mayor Santos, Mayor Pro Tem Lara, Council Member Carroll, Council Member Martinez, Council Member White Report out from Closed Session: Action on any Closed Session items: Action of any requests for Excused Absence: Pledge of Allegiance: Approval / Adjustments to the Agenda: Conflict of Interest Disclosure: ANNOUNCEMENTS/ RECOGNITION / PROCLAMATIONS / CORRESPONDENCE California Highway Patrol 2019 Review CalTrans Report of State Highway Projects PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA) Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a “Public Comment Form” provided at the back table and give it to the City Clerk. There is a three (3) minute time limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the City Council from discussing or taking actions brought up by your comments. CONSENT CALENDAR Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. Approval of all Ordinances and Resolutions to be read by title only. 1. Minutes Recommended Action: Approve Minutes dated January 21, 2020. 2. Tentative Tract Map No. 37696 (TM2019-0005) for a Request to Subdivide 13.51 Acres into 62 Single Family Residential Lots with a Minimum Lot Size of 4,947 Square Feet and Nine (9) Lettered Lots Located Within Planning Area 25 of the Oak Valley Specific Plan (Fairway Canyon) on the East Side of Tukwet Canyon Parkway, North of San Timoteo Canyon Road and South of Champions Drive Page 2 Recommended Action: Approve Tentative Tract Map No. 37696 (TM2019-0005) subject to the development agreement and the attached conditions of approval. 3. Tentative Tract Map No. 37698 (TM2019-0006) for a Request to Subdivide 22.09 Acres into 126 Single Family Residential Lots with a Minimum Lot Size of 3,800 Square Feet and 16 Lettered Lots Located Within Planning Area 25 of the Oak Valley Specific Plan (Fairway Canyon) on the East Side of Tukwet Canyon Parkway, North of San Timoteo Canyon Road and South of Champions Drive Recommended Action: Approve Tentative Tract Map No. 37698 (TM2019-0006) subject to the development agreement and the attached conditions of approval. 4. Tentative Tract Map No. 37697 (TM2019-0007) for a Request to Subdivide 13.19 Acres into 73 Single Family Residential Lots With a Minimum Lot Size of 4,950 Square Feet and Eight (8) Lettered Lots Located Within Planning Area 25 of the Oak Valley Specific Plan (Fairway Canyon) on the East Side of Tukwet Canyon Parkway, North of San Timoteo Canyon Road and South of Champions Drive Recommended Action: Approve Tentative Tract Map No. 37697 (TM2019-0007) subject to the development agreement and the attached conditions of approval. 5. Performance Bond Acceptance and Security Agreement for SDC Fairway Canyon, LLC. Tract 31462 Street and Storm Drain Improvements Recommended Action: Accept the following bond and security agreement:  Performance bond No. 1001124446 for storm drain improvements for Tract 31462 6. Bond Exoneration for Bond Nos. 2264721, 41383375, 2264727 and 2264722 for K. Hovnanian Homes Tract 33096-13 Recommended Action: Accept Maintenance Bond No. 3085345 to replace Performance Bond No. 2264721, Accept Maintenance Bond No. 41394539 to replace Performance Bond No. 41383375, and Accept Maintenance Bond No. 3085344 to replace Performance Bond No. 2264727. 7. Request for Facility and Staff Fee Waiver – Beaumont Cherry Valley Rotary Club Celebrate Reading and the Arts Recommended Action: Consider waiver of facility use and staff fees requested by Beaumont Cherry Valley Rotary Club in the amount of $860.00, and Consider waiver of a $500 deposit for the use of the gymnasium at the CRC. Page 3 8. Request for Facility and Staff Fee Waiver – Soroptimist International of Beaumont- Banning Recommended Action: Consider waiver of facility use and staff fees requested by Soroptimist International of Beaumont-Banning in the amount of $710, and Consider waiver of a $500 deposit for the use of the gymnasium at the Beaumont Civic Center. 9. Request for Destruction of Retention Met Records Recommended Action: Waive the full reading and adopt by title only, “A Resolution of the City of Beaumont Authorizing Destruction of Certain Records in Accordance with the Records Retention Schedule Adopted by City Council.” 10. Approval of the Assignment and Assumption of Improvement and Credit/Reimbursement Agreement Transportation Uniform Mitigation Fee Agreement between Lassen Development Partners, LLLP and MPLDII Inland Empire, LLC and Approval of the Assignment and Assumption of City of Beaumont Hidden Canyon Amended and Restated Facilities and Fee Credit Agreement between Lassen Development Partners, LLLP and MPLD II Inland Empire, LLC Recommended Action: Staff recommends approval of the Assignment and Assumption of Improvement and Credit/Reimbursement Agreement Transportation Uniform Mitigation Fee Agreement between Lassen Development Partners, LLLP and MPLDII Inland Empire, LLC and Approval of the Assignment and Assumption of City of Beaumont Hidden Canyon Amended and Restated Facilities and Fee Credit Agreement between Lassen Development Partners, LLLP and MPLD II Inland Empire, LLC. 11. Cherry Avenue Street Improvement Project Acceptance Recommended Action: Approve and authorize the Mayor to sign the attached certificate of acceptance for the Cherry Avenue Street Improvement Project. PUBLIC HEARINGS Approval of all Ordinances and Resolutions to be read by title only. ACTION ITEMS Approval of all Ordinances and Resolutions to be read by title only. 12. Acceptance of Irrevocable Offer of Dedication of Easement for Streetlight Maintenance and Acceptance of Streetlight Maintenance in the Four Seasons Community Recommended Action: Page 4 Approve the Irrevocable Offer of Dedication of Easement for Streetlight Maintenance, and Approve the Certificate of Acceptance of Streetlight Maintenance. 13. Improvement and Credit / Reimbursement Agreement for Transportation Uniform Mitigation Fee’s between the City of Beaumont and Pardee Homes for the Oak Valley Interchange Project Recommended Action: Approve the Improvement and Credit / Reimbursement Agreement between the City of Beaumont and Pardee Homes for the Oak Valley Interchange Project and authorize the Mayor to execute the agreement. 14. Request for Direction on Preparing a Shopping Cart Ordinance Recommended Action: Provide staff direction on preparing a shopping cart ordinance. 15. Provide Direction to Staff on Establishing a Temporary Moratorium Prohibiting Tire Sales and Tire Repair Establishments Recommended Action: Provide direction to staff on establishing a temporary moratorium prohibiting tire sales and tire repair establishments. 16. Opposition Letter – SunLine Transit Agency Proposed Commuter Link Route 10 Recommended Action: Approve the opposition letter and authorize the Mayor to execute on behalf of the City of Beaumont. 17. Authorize the City Manager to Execute Additional Reimbursable Letters of Agreement with the California Highway Patrol Not to Exceed $50,000 for the SR-60/Potrero Boulevard Interchange Phase I Project for Services Associated with Traffic Control Recommended Action: City Council authorize the City Manager to execute additional reimbursable letters of Agreement with the California Highway Patrol in an amount not to exceed $50,000 each for the SR-60/Potrero Boulevard Interchange Phase I Project. 18. Wastewater Treatment Plant Expansion/Renovation and Brine Pipeline Installation Project Status Update Recommended Action: Receive and file the project updates. LEGISLATIVE UPDATES AND DISCUSSION 19. January Legislative Update Page 5 COUNCIL REPORTS - Carroll - Lara - Martinez - Santos - White ECONOMIC DEVELOPMENT UPDATE Economic Development Committee Report Out and City Council Direction CITY TREASURER REPORT Finance and Audit Committee Report Out and City Council Direction CITY CLERK REPORT CITY ATTORNEY REPORT 20. Status of Litigation Report CITY MANAGER REPORT FUTURE AGENDA ITEMS ADJOURNMENT The next regular meeting of the Beaumont City Council, Beaumont Financing Authority, the Beaumont Successor Agency (formerly RDA), the Beaumont Utility Authority, the Beaumont Parking Authority and the Beaumont Public Improvement Agency is scheduled for Tuesday, Feb 18, 2020, at 5:00 p.m. or thereafter as noted on the posted Agenda for Closed Session items in the City Council Board Room No. 5, followed by the regular meeting at 6:00 p.m. or thereafter as noted on the posted Agenda at City Hall. Beaumont City Hall – Online www.BeaumontCa.gov Page 6 CITY COUNCIL REGULAR SESSION 550 E. 6th Street, Beaumont, CA Tuesday, January 21, 2020 - 6:00 PM MINUTES REGULAR SESSION 6:00 PM RIBBON CUTTING CEREMONY - 5:00 PM CALL TO ORDER Present: Mayor Santos, Mayor Pro Tem Lara, Council Member Carroll, Council Member Martinez, Council Member White Adjourn to Regular Session REGULAR SESSION - 6:00 PM CALL TO ORDER Present: Mayor Santos, Mayor Pro Tem Lara, Council Member Carroll, Council Member Martinez, Council Member White Action of any requests for Excused Absence: Pledge of Allegiance Approval / Adjustments to the Agenda: None Conflict of Interest Disclosure: None ANNOUNCEMENTS/ RECOGNITION / PROCLAMATIONS / CORRESPONDENCE PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA) Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a “Public Comment Form” provided at the back table and give it to the City Clerk. There is a three (3) minute time limit on Page 7 Item No.1. public comments. There will be no sharing or passing of time to another person. State Law prohibits the City Council from discussing or taking actions brought up by your comments. E. Mazzei - Thanked Council for the updated ordinance regarding sidewalk vending, but brought up the need for further clarification. T. Wortley - Asked about the annual LAFCO review R. Berg - Spoke regarding emails attained through a public records request CONSENT CALENDAR Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. Approval of all Ordinances and Resolutions to be read by title only. 1. Minutes Recommended Action: Approve Minutes dated January 7, 2020. 2. Warrants Recommended Action: Approve Warrants dated December 20, 2019. 3. Receive and File the FY2018-2019 Health and Safety Code (HSC) 13146.4 Annual Inspection Report of Certain Occupancies Pursuant to Sections HSC 13146.2 and 13146.3 Recommended Action: Waive the full reading and adopt by resolution, "Acknowledging Receipt of a Report Made by the Fire Chief of the Riverside County Fire Department Regarding Compliance with the annual Inspection of Certain Occupancies Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code. 4. Annual Compliance Report for AB 1600 Development Impact Fees Recommended Action: Receive and file the AB 1600 report on development impact fee activity that occurred during the period July 1, 2018, through June 30, 2019. Motion made by Mayor Pro Tem Lara, Seconded by Council Member White Voting Yea: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos To approve the Consent Calendar Page 8 Item No.1. PUBLIC HEARINGS Approval of all Ordinances and Resolutions to be read by title only. ACTION ITEMS Approval of all Ordinances and Resolutions to be read by title only. 5. Council Appointment to the Economic Development Committee Recommended Action: Consider re-appointment of Von Lawson to the Economic Development Committee as the Post-Secondary Education Representative. Motion made by Council Member Carroll, Seconded by Mayor Pro Tem Lara. Voting Yea: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos To re-appointment of Von Lawson to the Economic Development Committee as the Post-Secondary Education Representative. 6. Council Appointment to the Finance Audit Committee Recommended Action: Consider the appointment of Mr. Parks to the Finance and Audit Committee. Motion made by Mayor Pro Tem Lara, Seconded by Council Member Martinez. Voting Yea: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos To appointment of Frank Parks to the Finance and Audit Committee. 7. CDBG Required Change to Funding Allocations for 2020-2021 Program Year Recommended Action: Revise CDBG funding award for Fiscal Year 20-21 and authorize staff to submit a revised funding award to the Riverside County EDA CDBG program. Motion made by Council Member White, Seconded by Council Member Carroll. Voting Yea: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos To distribute 10,000.00 to the Boys and Girls Club, and the remainder to the Life Lifters. 8. Award of Contract to West Coast Arborists, Inc. for Tree Trimming and Tree Maintenance Services Recommended Action: Award a tree trimming and tree maintenance services contract to West Coast Arborists, Inc. for a period not-to-exceed three years and authorize the Mayor to execute the agreement on behalf of the City of Beaumont. Page 9 Item No.1. Motion made by Council Member Martinez, Seconded by Council Member White. Voting Yea: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos To award a tree trimming and tree maintenance services contract to West Coast Arborists, Inc. for a period not-to-exceed three years and authorize the Mayor to execute the agreement on behalf of the City of Beaumont. 9. Walmart Bus Shelter Improvement Project Update Recommended Action: Receive and file. Motion made by Mayor Pro Tem Lara, Seconded by Council Member Carroll. Voting Yea: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos To receive and file. 10. Authorize Amendment to the Authorized Position List and Salary Table Recommended Action: City Council approval of the amendment to the Authorized Position List and Salary Table. Motion made by Council Member White, Seconded by Mayor Pro Tem Lara. Voting Yea: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos To approve of the amendment to the Authorized Position List and Salary Table. 11. Authorize the Memorandum of Understanding between the City of Beaumont and Police Management Unit Recommended Action: City Council approval of the Memorandum of Understanding between the City of Beaumont and Police Management Unit and authorize the City Manager to execute. Motion made by Council Member Martinez, Seconded by Council Member Carroll. Voting Yea: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos To approve of the Memorandum of Understanding between the City of Beaumont and Police Management Unit and authorize the City Manager to execute. 12. Authorize the Memorandum of Understanding between the City of Beaumont and Managers/Professional/Technical Unit Recommended Action: Page 10 Item No.1. City Council approval of the Memorandum of Understanding between the City of Beaumont and Managers/Professional/Technical Unit and authorize the City Manager to execute. Motion made by Mayor Pro Tem Lara, Seconded by Council Member White. Voting Yea: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos To approve of the Memorandum of Understanding between the City of Beaumont and Managers/Professional/Technical Unit and authorize the City Manager to execute. 13. City Attorney Invoices for the Month of December 2019 Recommended Action: Approve invoices in the amount of $59,767.04. City Attorney Pinkney recused himself on this item. Motion made by Mayor Pro Tem Lara, Seconded by Mayor Santos. Voting Yea: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos To approve invoices in the amount of $59,767.04. LEGISLATIVE UPDATES AND DISCUSSION 14. January 2020 Legislative Update Recommended Action: General update of Legislative Session to include specific review of the Governor's budget proposal and SB50. Motion made by Council Member White, Seconded by Mayor Pro Tem Lara. Voting Yea: Council Member White, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos Voting Nay: Council Member Martinez To send a letter opposing SB 50 Approved by a 4-1 vote. COUNCIL REPORTS Carroll - Reported out from an RTA meeting Lara - No report White - Attended a farm group meeting, and gave an update from an RCTC meeting regarding Measure A. Martinez - No report Santos - Announced the upcoming Vet Expo, met with the local board of realtors, the Inland Valley realtors and the Riverside realtors. Attended the League's General Meeting. Page 11 Item No.1. ECONOMIC DEVELOPMENT UPDATE Economic Development Committee Report Out CITY TREASURER REPORT Finance and Audit Committee Report Out CITY CLERK REPORT Gave a report out from meetings attended. CITY MANAGER REPORT Reminded that January 30th is the Chamber's Installation Dinner. Reported out regarding Sales Tax. Reported that the City attained a grant for zoning and housing planning. FUTURE AGENDA ITEMS • Sponsorship of the Symetra Tour • Women's Club Garden Project for the City • Parks and Event Committee • City and Chamber collaboration of business awards ADJOURNMENT The next regular meeting of the Beaumont City Council, Beaumont Financing Authority, the Beaumont Successor Agency (formerly RDA), the Beaumont Utility Authority, the Beaumont Parking Authority and the Beaumont Public Improvement Agency is scheduled for Tuesday, February 4, 2020, at 5:00 p.m. or thereafter as noted on the posted Agenda for Closed Session items in the City Council Board Room No. 5, followed by the regular meeting at 6:00 p.m. or thereafter as noted on the posted Agenda at City Hall. Beaumont City Hall – Online www.BeaumontCa.gov Page 12 Item No.1. Staff Report TO: Mayor, and City Council Members FROM: Carole Kendrick, Senior Planner DATE February 4, 2020 SUBJECT: Tentative Tract Map No. 37696 (TM2019-0005) for a Request to Subdivide 13.51 Acres into 62 Single Family Residential Lots with a Minimum Lot Size of 4,947 Square Feet and Nine (9) Lettered Lots Located Within Planning Area 25 of the Oak Valley Specific Plan (Fairway Canyon) on the East Side of Tukwet Canyon Parkway, North of San Timoteo Canyon Road and South of Champions Drive Background and Analysis: The applicant is requesting approval of Tentative Tract Map No. 37696 (TM2019-0005) for the subdivision of 13.02 acres into 62 single family residential lots with a 4,947 square minimum lot size and nine (9) lettered lots. The project site is in the northern portion Planning Area 25 of the Oak Valley SCPGA Specific Plan commonly referred to as Fairway Canyon. Planning Area 25 is located north of San Timoteo Canyon Road, south of Champions Road and east of the extension of Tukwet Canyon Parkway. The Oak Valley Specific Plan #318 encompassing 1,747.9 acres allowing 4,355 dwelling units was adopted by the County of Riverside on August 14, 2001. The property was annexed into the City of Beaumont on April 9, 2003 , by the Local Agency Formation Commission (LAFCO) by LAFCO 2002-43-5. The Oak Valley SCPGA Specific includes the developments of Fairway Canyon and Tournament Hills. The subject property is located within the Fairway Canyon portion of the specific plan. Fairway Canyon has constructed Phase 1 and 2 of the development and is nearing completion of Phase 3. The subject property is located within Phase 4 of the development and more specifically in Planning Area 25, as shown in Exhibit F. The project was advertised and noticed for a public hearing with the Planning Commission on December 10, 2019, however the applicant and staff determined that a continuance was necessary in order to allow the parties to meet and discuss modifications to draft conditions of approval. The project team met with City staff on Page 13 Item No.2. December 18, 2019, which included representatives from the City Manager’s office, Public Works, Planning and Fire Department and resulted in modifications to the draft conditions of approval. The modifications included updates to the ownership name, clarification on satisfied conditions, timing of fees and infrastructure requirements. On January 14, 2020, the Planning Commission conducted the continued public hearing for the proposed subdivision. One member of the public provided comments on the proposed project that included a request for the preservation of natural open space areas, larger minimum lot sizes, community input regarding programming of proposed park sites, the potential use of the subject property for a future school site, slope areas and public safety. Staff advised the Planning Commission and members of the public the lot sizes are established in the adopted specific plan and open space was analyzed under the environmental impact report that was certified for the project area, as discussed in the California Environmental Quality Act (CEQA) review section of this staff report. The programming for the park sites is designed by the master developer, reviewed and approved by City staff under a landscaping permit and installed by the developer. The applicant indicated they have been in discussions with Beaumont Unified School District (BUSD). However, the applicant would like to have entitlements secured in the event the school district does not select the subject property as a future school site. The specific plan indicates the timing of school facility will be determined by BUSD (SP#318, Page II-3). The Planning Commission unanimously voted to forward a recommendation of approval to the City Council. Approval Authority: The Beaumont Municipal Code, Section 16.04.020 designates the Planning Commission as the “advisory agency” charged with reviewing and making recommendations on all proposed parcel map land divisions and tentative subdivision maps in the City. Section 16.24.050.A authorizes the Planning Commission to conditionally approval or disapprove all tentative parcel maps and tentative subdivision maps and land divisions and submit to the City Council for final approval. When a tentative map is required under the Subdivision Map Act (66463.5(a)), an approved or conditionally approved tentative map shall expire 24 months after its Page 14 Item No.2. approval or conditional approval. The Subdivision Map Act does allow for up to four (4) years of extensions subject to approval by the original approving body, however the proposed subdivision is subject to the development agreement (City of Beaumont Resolution No. 1987-34) dated November 18, 2003, which has a term of 25 years (item 7 of the development agreement) and tentative tract maps shall be granted an extension of time for the term of the development agreement (item 33 of the development agreement). Therefore, the expiration date for the proposed subdivision is November 18, 2028. The project setting can also be seen in the following materials attached to this staff report:  General Plan Land Use Map (Attachment C),  Zoning Map (Attachment D), and  Aerial Photograph (Attachment E). The 13.51-acre site is currently vacant. The property is located in an area which contains single family residences to the west, vacant land to the south and the Morongo Golf Club at Tukwet Canyon to the north and east of the subject property. The land uses, zoning, and general plan land use designations of the project site and surrounding areas are shown in the following table. TTM37696 TTM37697 TTM37698 Page 15 Item No.2. LAND USE GENERAL PLAN ZONING PROJECT SITE Vacant Land Single Family Residential (SFR) Oak Valley Specific Plan (SPA) NORTH Golf Course Recreation Conservation (RC) Oak Valley Specific Plan (SPA) SOUTH Vacant Land Single Family Residential (SFR) Oak Valley Specific Plan (SPA) EAST Golf Course Recreation Conservation (RC) Oak Valley Specific Plan (SPA) WEST Single Family Residential Single Family Residential (SFR) Oak Valley Specific Plan (SPA) Analysis: The proposed subdivision contains lots that range in size from 4,947 square feet to 17,172 square feet. The density for this subdivision is 4.6 dwelling units per ac re. The lettered lots include the interior streets (Lots A through D). Lot J is a 10,765 square foot basin located on the northeast corner of the extension of Tukwet Canyon Parkway and Street “D”. Lots F through H are open space lots that include slope areas located along the extension of Tukwet Canyon Parkway and adjacent to the golf course on the northeast project boundary. A 12,565 square park is proposed on Lot “I” on the northeast corner of the extension of Tukwet Canyon Parkway and Street “B”. St reets A through E are proposed to be dedicated to the City and Lots E through I will be dedicated to the homeowner’s association for future maintenance. Primary access to the subdivision is proposed as an extension of Tukwet Canyon Road. The proposed lots will front onto internal streets within the subdivision. The subject property drains from the northeast to the southwest and will discharge into the Lot “J” basin located at the northeastern corner of Tukwet Canyon Parkway and Street “D”. The subject property is zoned specific plan (SPA). The proposed subdivision would be subject to various development standards in terms of lot width and depth as defined in the Oak Valley SCPGA Specific Plan. Staff has reviewed the proposed subdivision and determined that it complies with the minimum development standards of Planning Area 25 of the Oak Valley SCPGA Specific Plan Section III.B.28. The table below summarizes the required development standards. Page 16 Item No.2. DEVELOPMENT STANDARDS REQUIRED PROPOSED MINUMUM PROPOSED AVERAGE Minimum Net Lot Area 3,800 sq. ft. 4,947 sq. ft. 6,256 sq. ft. Maximum Density 12.0 du/ac 4.6 du/ac 4.6 du/ac Minimum Lot Width (Average) 40 ft. 52 ft. 62 ft. Minimum Lot Depth (Average) 100 ft. 81 ft. 102 ft. Residential Design & Landscaping Standards: If approved, the applicant will be required to submit a minor plot plan application for review of architecture for all buildings with enhancements (shutters, flower boxes, stone veneer, etc.) and provide for trim around all openings. With regard to project landscaping under this proposal, the applicant will be required to adhere to standards set forth under the Guide to California Friendly Landscaping, as well as the City’s landscaping ordinance that requires water efficient landscaping. Separate landscaping plans will be required as part of the conditions of approval by the applicant for staff review of all front-yard, slopes in excess of three feet, and open-space areas. Public Notice and Communications: Property owners located within a 300-foot radius of the project site were notified of the Planning Commission public hearing on November 29, 2019, with a 10-day hearing notice in addition to a public notice in the Press Enterprise newspaper (see Attachment G). The Planning Department has not received any letters of comment from the public as of the writing of this report. CEQA Review: From the standpoint of the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared and certified in 2001 for the Oak Valley SCPGA Specific Plan (Specific Plan No. 318) (SCH# 2000051126), with latest addendum of the EIR was approved by City Council in 2014 (13-EIR-03), assessing the environmental impacts of the overall project and subsequent implementation steps, including subdivision of the site. The EIR and the findings made by the City Council remain pertinent and adequate for use for current application. Execution of this subdivision will require adherence to the mitigation monitoring program established for the project. Page 17 Item No.2. Incorporated herein by reference:  City of Beaumont General Plan,  City of Beaumont Zoning Ordinance,  Project Site’s Riverside Conservation Authority Multi-Species Habitat Conservation Plan Informational Map, and  Contents of City of Beaumont Planning Department Project File Tentative Tract Map No. 37696 (TM2019-0005), Tentative Tract Map No. 37698 (TM2019-0006), Tentative Tract Map No. 37697 (TM2019-0007), Tentative Parcel Map No. 37366 (PW2019-0387), LAFCO 2002-43-5, 02-ANX-02, Development Agreement dated November 18, 2003, Oak Valley SCPGA Specific Plan 318 and Environmental Impact Report 418. Recommended Action: Approve Tentative Tract Map No. 37696 (TM2019-0005) subject to the Development Agreement and the attached conditions of approval. Attachments: A. Draft Conditions of Approval B. Tentative Tract Map 37696 C. General Plan Land Use Map D. Zoning Map E. Aerial Photograph F. Fairway Canyon Phasing Map G. Proof of Publication Page 18 Item No.2. CITY OF BEAUMONT PLANNING DEPARTMENT CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 37696 (TM2019-0005) APN: PORTION OF 413-790-020 TO SUBDIVIDE 13.51 ACRES INTO 62 SINGLE FAMILY RESIDENTIAL LOTS RANGING IN SIZE FROM 4,947 TO 17,172 SQUARE FEET, AND FIVE LETTERED (5) LOTS WITH A PARK SITE, BASIN AND LANDSCAPING LOCATED WITHIN PLANNING AREA 25 OF THE OAK VALLEY SPECIFIC PLAN. Note: Any conditions revised at a hearing will be noted by strikeout (for deletions) and/or underline (for additions), and any newly added conditions will be added at the end of all conditions regardless of the Department originating the condition. STANDARD CONDITIONS The following conditions of approval are for Tentative Tract Map No. 37696 and consist of all subsequent conditions and all conditions of approval for the Oak Valley Specific Plan (SP No. 318) and the Mitigation Monitoring and Reporting Plan. 1. The subdivider shall defend, indemnify, and hold harmless the City of Beaumont, its agents, officers, and employees from any claim, action, or proceeding against the City of Beaumont, its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Beaumont, its advisory agencies, appeal boards, or legislative body concerning TENTATIVE TRACT MAP NO. 37696 and the Environmental Impact Report certified by the Beaumont City Council in conjunction with the SCGPA Golf Course at Oak Valley Specific Plan, which action is brought within the time period provided for in California Government Code, Section 66499.37. The City of Beaumont will promptly notify the subdivider of any such claim, action, or proceeding against the City of Beaumont and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Beaumont 2. The subdivision shall comply with the State of California Subdivision Map Act and to all the pertinent requirements of The Beaumont Municipal Code, unless modified by the conditions listed below. Planning Commission Recommendation: 1.14.20 City Council Approval: DRAFT Page 19 Item No.2. Tentative Tract Map No. 37696 (TM2019-0005) Draft Conditions of Approval Page 2 3. This conditionally approved tentative map will expire on November 18, 2028 per 3.3 of the Development Agreement between the City of Beaumont and SDC Fairway Canyon LLC, a Delaware limited liability company. Action on a minor change and/or revised map request will not extend the time limits of the tentative map. Approval of the final map by the City Council is required. 4. If required by the Planning Department, within ten (10) days of approval by the City Council ten (10) copies of an Amended Per Final Conditions map shall be submitted to and approved by the Planning Department prior to release of the final conditions of approval. 5. Any subsequent review/approvals required by the conditions of approval, including but not limited to grading, landscaping, plot plan and/or building plan review, shall be reviewed on an hourly basis based on, or such fee as may be in effect at the time of submittal. 6. The subdivider shall be fully responsible for maintenance and upkeep of any and all slopes, landscaped areas, open space areas, future development areas and irrigation systems until such time as maintenance responsibilities are assumed by other as approved by the Planning Department. 7. The properties contained within Tentative Tract Map 37696 are part of the SCPGA Golf Course at Oak Valley Specific Plan Specific Plan, approved originally by the Beaumont City Council on November 5, 2002 and later amended in 2004, 2005, and 2014. The provisions and criteria of the SCPAGA Golf Course at Oak Valley Specific Plan shall control and guide the development of Tentative Tract Map 37696. 8. An Environmental Impact Report EIR was prepared and certified for the SCPGA Golf Course at Oak Valley Specific Plan Specific Plan, Addendum(s) were prepared for the subsequent amendment and a series of mitigation measures were adopted by the City Council to mitigate the potential impacts of the project. All of the mitigation measures set forth in the subject environmental document are herewith established as conditions of approval for Tentative Tract No. 37696. 9. Execution of the project will necessitate the conducting of mitigation monitoring by the City to ensure that all the mitigation measures set forth in the Environmental Impact Report and Addendum are systematically implemented. The subdivider shall fund the mitigation monitoring requirements by paying an amount equal to the City’s actual contracting cost for such services, plus a 20 percent administrative charge. 10. Tentative Tract No. 37696 has been found to be substantially in conformance with the Oak Valley PGA Specific Plan. Page 20 Item No.2. Tentative Tract Map No. 37696 (TM2019-0005) Draft Conditions of Approval Page 3 11. The approval of this map shall not result in any vesting provisions relative to City of Beaumont fees and exactions. The provisions of the Development Agreement shall prevail in all cases. BUILDING DEPARTMENT CONDITIONS 12. It shall be unlawful for any person to engage in or permit the generation of noise related to landscape maintenance, construction including erection, excavation, demolition, alteration or repair of any structure or improvement, at such sound levels, as measured at the property line of the nearest adjacent occupied property, as to be in excess of the sound levels permitted under Chapter 9 of the Municipal Code, at other times than between the hours of 7:00 a.m. and 6:00 p.m. The person engaged in such activity is hereby permitted to exceed sound levels otherwise set forth in this Chapter for the duration of the activity during the above described hours for purposes of construction. However, nothing contained herein shall permit any person to cause sound levels to at any time exceed 55 dB(A) for intervals of more than 15 minutes per hour as measured in the interior of the nearest occupied residence or school. FIRE DEPARTMENT CONDITIONS 13. Underground fire line plans shall be submitted to the fire department, for review and approval for fire hydrant spacing and type prior to signing Mylar’s. 14. Provide a title block on the set of Mylar’s saying, ‘Riverside County Fire Department’. 15. All residential homes shall have fire sprinklers. Plans shall be submitted to the fire department for review and approval prior to installation. 16. More than one road is required if it is determined that access by a single road may be insufficient due to terrain, location, travel distance, potential fire or life safety hazards, or other factors that could limit access or if vehicle congestion, or weather conditions could impair access points. CFC 2013. 17. Supplementary access points shall be located to facilitate evacuation and emergency operations and minimize congestion or obstruction during an emergency incident. 18. Industry standards: A minimum of two vehicle access points is required for any development containing 150 or more residential units. Page 21 Item No.2. Tentative Tract Map No. 37696 (TM2019-0005) Draft Conditions of Approval Page 4 19. 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.” RVC Ord-787.7 20. The fire code official has reviewed the revisions for this project, and shall require additional access points, and to provide main street artery’s for emergency vehicle ingress and egress. This will help support an evacuation during an emergency operation and would be required to help emergency vehicle faster response times. 21. Due to the number of residential homes that are being built within the project, a fire station is needed in this area. The payment of the fire station impact fee shall meet the requirements of this condition. Community Facilities District No. 93-1 dated November 2, 2004 includes Exhibit E – Fee Credit Table that indicates that Fire Station – Critical and Joint Facilities fees were paid for 3,387.28 dwelling units at a rate of $181.00 per dwelling unit for a total of $613,097.68, therefore the condition has been satisfied. STANDARD CONDITIONS: With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with City of Beaumont/Riverside County Ordinances and/or recognize fire protection standards: 22. FIRE FINAL - and life safety conditions will be addressed when the Fire Prevention Bureau reviews building plans. These conditions will be based on occupancy, use, California Building Code, California Fire Code, and other related codes which are in force at the time of building plan submittal. 23. FIRE FLOW REQUIREMENTS - The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix B, Table B105.1. The applicant/developer shall provide documentation to show that a water system exists and is capable of delivering 1,000 GPM for 2 hour(s) for duration at 20-PSI residual operating pressure must be available before any combustible material is placed on the job site. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. Specific requirements for the project will be determined at time of submittal. California Fire Code 2010. 24. SUPER FIRE HYDRANTS - Industrial, Commercial, Multi-family, Apartment, Condominium, Townhouse or Mobile Home Parks. A combination of on-site and off- site super fire hydrants (6" x 4" x 2 – 2 1/2") shall be located not less than 25 feet or more than 200 feet from any portion of the building as measured along approved emergency vehicular travel ways, and spaced no more than the required spacing per Appendix C, Page 22 Item No.2. Tentative Tract Map No. 37696 (TM2019-0005) Draft Conditions of Approval Page 5 table C105.1 in feet apart in any direction. The fire flow shall be available from any adjacent fire hydrant(s) in the system. CFC Chapter 5, section 503.1.1 and Appendix B table – B105.1. 25. ALL WEATHER ACCESS ROAD - Prior to construction and issuance of building permits, all locations where structures are to be built shall have an approved fire department emergency vehicular access road (all weather surface) capable of sustaining an imposed load of 80,000 lbs. Road shall be provided prior to construction, based on street standards approved by the Public Works Director and the Fire Prevention Bureau. CFC Chapter 5, section 503.2.3. 26. 24 FOOT WIDTH, 15 FOOT VERTICAL - Prior to construction and issuance of building permits, fire apparatus access roads shall have an unobstructed width of not less than 24 feet or as approved by the Fire Prevention Bureau and an unobstructed vertical clearance of not less than 15 feet. CFC Chapter 5, section 503.2.1 & RVC Fire Ordinance 787.6. 27. 15 % GRADE - Prior to construction, all roads, driveways and private roads shall not exceed 15 percent grade. Add: Grade transitions shall not exceed Riverside County Fire Department apparatus maximum approach and departure angles as determined by the Fire Chief. RVC Fire Ordinance # 787.6 CFC Chapter 5, section 503.2.7. 28. PHASING - If construction is phased, each phase shall provide an approved emergency vehicular access for fire protection prior to any building construction. CFC Chapter 5, section 501.4. 29. DEAD ENDS - Prior to building construction, dead end roadways and streets which have not been completed shall have a turnaround capable of accommodating fire apparatus. CFC Chapter 5, section 503.2.5. 30. U/G WATER PLANS - Prior to issuance of permits, the applicant/developer shall furnish (3) copies of the water system plans to the Fire Prevention Bureau for review. Plans shall be in accordance with Appendix B and Appendix C and section 508.1 of the CFC 2010:  Signed by a registered civil engineer or certified fire protection engineer.  Contain a Fire Prevention Bureau approval signature block.  Conform to hydrant type, location, spacing of new and existing hydrants, and a minimum fire flow required as determined by the Fire Prevention Bureau.  The post indicator valve and fire department connection shall be located to the front access side of buildings, fully visible and recognizable from the street or nearest point of fire department vehicle access, and within 200 feet of an approved fire hydrant, and within 50 of an approved roadway or driveway or otherwise approved by the Fire Chief. Page 23 Item No.2. Tentative Tract Map No. 37696 (TM2019-0005) Draft Conditions of Approval Page 6  Guard posts or other approved means may be required to protect fire department inlet connections from vehicular damage. RVC Fire Ordinance 787.6 section 912.2.1.  After the local water company signs the plans, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system, including fire hydrants shall be installed, and made serviceable prior to and during the time of construction, and accepted by the City of Beaumont Fire Prevention Bureau. CFC Chapter 5, 508, and the National Fire Protection Association 24 sec 1-4.1.  Existing fire hydrants on public streets are allowed to be available. Existing fire hydrants on adjacent properties shall not be considered available unless fire apparatus access roads extend between properties and easements are established to prevent obstruction of such roads. CFC, Appendix A, & B and NFPA 24 section1-4.1. 31. BLUE DOT REFLECTOR - Prior to issuance of Certificate of Occupancy or building final, “Blue Reflective Markers” shall be installed on private streets, public streets, and driveways to identify fire hydrant locations in accordance with City & RVC Fire Ordinance 787.6 specifications. 32. RESIDENTIAL NUMBERS - Prior to issuance of Certificate of Occupancy or building final, all residential dwellings shall display street numbers in a prominent location on the street side of the residence in such a position that the numbers are easily visible to approaching emergency vehicles. The numerals shall be not less than four (4) inches in height. CFC Chapter 5, section 505.1. 33. ROOFING - Prior to Certificate of Occupancy or building final, all structures shall have fire retardant roofing materials (Class A & B roofs) as described in section 1504 of the CBC. 34. PAVED ACCESS- - Prior to issuance of the building permit for development, independent paved access to the nearest paved road, maintained by the City shall be designed and constructed by the developer within the public right of way in accordance with City Standards. 35. ANGLE APPROACH - The angle of approach and departure for any means of Fire Department access shall not exceed 1-foot drop in 20 feet, and the design limitations of the fire apparatus of the fire department shall be subject to approval by the AHJ. CFC Chapter 5, section 503.2.7. 36. FIRE SPRINKLERS - Prior to issuance of Certificate of Occupancy or building final, the applicant/developer shall install a fire sprinkler system based on square footage and type of construction, occupancy or use. Fire sprinkler plans (3) sets shall be submitted to the Fire Prevention Bureau for approval prior to installation. No person shall remove or modify any fire protection system installed or maintained under the provisions of the Page 24 Item No.2. Tentative Tract Map No. 37696 (TM2019-0005) Draft Conditions of Approval Page 7 California Fire Code without the approval by the Fire Chief. A Licensed C-16 contractor shall do all the work and/or certification. CFC Chapter 9, section 901.3.1, 903.1 & CBC Chapter 9, section 903.1.1. 37. SAFETY PRECAUTIONS - Approval of the safety precautions for buildings being constructed, altered or demolished shall be required by the Fire Chief in addition to other approvals for specific operations or processes associated with such construction, alteration or demolition. Structure, facilities and conditions which in the opinion of the fire code official, constitute a distinct hazard to life or property. The fire code official is authorized to order the posting of signs in a conspicuous location in each structure. The posting of signs shall not be obscured, removed, defaced, mutilated, or destroyed. 38. FIRE DEPARTMENT INSPECTION APPROVAL - Construction or work for which the Fire Prevention Bureau’s approval is required shall be subject to inspection by the Fire Chief and such construction or work shall remain accessible and exposed for inspection purposes until approved. 39. AUTHORITY TO INSPECT - The Fire Prevention Bureau shall maintain the authority to inspect as often as necessary for buildings and premises, including such other hazards or appliances designated by the Fire Chief for the purpose of ascertaining and causing to be corrected any conditions which would reasonably tend to cause fire or contribute to its spread, or any violation of the purpose or provisions of this code and of any other law or standard affecting fire safety. 40. ALTERATIONS - Any alterations, demolitions, or change in design, occupancy and use of buildings or site will require plan submittal to the Fire Prevention Bureau with review and approval prior to installation. 41. MEDIAN CROSSOVERS - Prior to Certificate of Occupancy all locations where medians are constructed and prohibit vehicular ingress/egress into or away from the site, provisions must be made to construct a median-crossover at all locations determined by the Fire Chief and the Public Works Director. Prior to the construction, design plans will be submitted for review and approval by the Public Works Director. 42. GATES – All exterior security/emergency access gates shall be electronically operated and be provided with a Knox key switch for access by emergency personnel, that includes the Police Department's "E" key. Contact Beaumont Police Department at 951-769-8500 for any questions. Gate entrances shall be at least two feet wider than the width of the traffic lane (s) serving that gate. Any gate providing access from a road to a driveway shall be located at least 35 feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane Page 25 Item No.2. Tentative Tract Map No. 37696 (TM2019-0005) Draft Conditions of Approval Page 8 provides access to a gate entrance, a 40-foot turning radius will be required. CFC Chapter 5, section 503.6. 43. KNOX SWITCH - Gate (s) shall be opened by a Fire Department Knox Switch, and all gates shall be a minimum of 24 feet in width. Automatic gates shall be equipped with emergency backup power. 44. MULTI-FAMILY RESIDENCE - Prior to issuance of Certificate of Occupancy or building final, all multi-family residences shall display the address in a visible location on the street side of the building and shall be clearly distinguishable from the fire apparatus access road. The building numerals shall be a minimum of twelve (12) inches in height and individual dwelling units shall be not less than four (4) inches in height and shall contrast with their background. The address shall be illuminated as approved by the Fire Department. CFC Chapter 5, section 505.1 & RVC Ordinance 787.7. 45. SINGLE FAMILY DWELLINGS - Approved fire prevention standard fire hydrants (6" x 4" x 2 – 2 1/2") shall be located at each intersection of all residential streets and spaced no more than 500 feet apart in any direction, with no portion of any lot frontage more than 250 feet from a fire hydrant. Minimum fire flow shall be 1,000 GPM for 2 hours at 20 PSI. Fire flow and flow duration for dwellings in excess of 3,600 square feet shall not be less than that specified in Appendix B, Table B 105.1, RVC 787.7 & CFC Chapter 5, and Appendix C, Table C 105.1. 46. ACCESS/ROAD LENGTH - No cul-de-sac or dead-end road length shall exceed one thousand three hundred-twenty (1,320) feet in length. In any hazard fire area of Riverside County, no dead-end or cul-de-sac road shall exceed six hundred-sixty (660) feet in length. The Fire Chief based on city street standards shall determine minimum turning radius for fire apparatus based upon fire apparatus manufacture specifications. Riverside County Ordinance 787.7, CFC Chapter 5, section 503.2.5. 47. BUILDING OPENINGS - Access to building openings and roofs shall be maintained readily accessible for emergency access by the fire department. Finished grade to be flat and accessible on all sides of the building were ground ladder access is the only means to reach the highest point on the building from the exterior. Obstructions will not be placed as to interfere with ground ladder placement. CFC Chapter 5, section 504.1 & RVC Ordinance 787.7. AGENCY CONDITIONS 48. The subdivider shall comply with the requirements set forth in the City Public Works Department conditions. Page 26 Item No.2. Tentative Tract Map No. 37696 (TM2019-0005) Draft Conditions of Approval Page 9 49. The subdivider shall comply with the requirements of the Beaumont Police Department. 50. The subdivider shall comply with the requirements of the Beaumont Fire Department. 51. The subdivider shall comply with the requirements of the Beaumont-Cherry Valley Water District. 52. The subdivider shall comply with the requirements of the Southern California Gas Company. 53. The subdivider shall comply with the requirements as set forth by the Beaumont Unified School District. RECORDATION CONDITIONS Prior to the RECORDATION of any final map, all the following conditions shall be satisfied: 54. The subdivider shall submit written clearances to the Public Works Department that all pertinent requirements from the following agencies have been met: City Fire Department City Police Department City Planning Department Beaumont Cherry Valley Water District Beaumont Unified School District 55. All public street road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Public Works Department. Street names shall be subject to the approval of the Building Official. The final street sections, configurations and improvements shall be subject to the approval of the Public Works Department. 56. All delinquent property taxes, special taxes and assessments shall be paid to the Riverside County Tax Collectors Office. 57. Lots created by this subdivision shall comply with the following: a. Lots created by this subdivision shall be in conformance with the development standards of the Oak Valley PGA Specific Plan. Page 27 Item No.2. Tentative Tract Map No. 37696 (TM2019-0005) Draft Conditions of Approval Page 10 b. All sewer, storm drain and other public utility crossings in side and rear yards to be located in fee title lots and not easements. 58. No lots fronting on knuckles, or cul-de-sacs shall have less than twenty-five (25) feet of frontage measured at the property line, with the exception of flag lots as approved by the Planning Department. 59. This subdivision may be recorded in phases subject to the following: a. Phasing, including phase boundaries and sequencing, shall be subject to Planning Department approval. b. Common open space area improvement phasing shall be required subject to Planning Department approval. 60. Consistent with City standards and the Beaumont General Plan, the subdivider is obligated to provide fully improved park space at a ratio of 5 acres per 1,000 population. Said conditions of approval require of park improvements and/or fees, and these requirements shall be applicable as set forth in the conditions of approval for the Oak Valley PGA Specific Plan. 61. The maintenance and management of common open space areas and common facilities shall be conducted as set forth herein and approved by the Planning Department. All provisions of said condition shall be satisfied prior to map recordation. 62. The subdivider shall be responsible for the provision of a fair share of the necessary roadway, water, sewer and drainage facilities for the orderly implementation of the Oak Valley PGA Specific Plan and the existing master plans for these facilities. Prior to recordation, the subdivider shall work with the City and the Public Works Department to establish the necessary financing and implementation measures to ensure the provision of a fair share of such necessary facilities or provide documentation that this has been satisfied per the Development Agreement dated November 18, 2003 (Resolution No. 1987-34) between the City of Beaumont and LB/L—Suncal Oak Valley LLC which is was assumed by SDC Fairway Canyon, LLC, a Delaware limited liability company on June 1, 2012 via Document# 2012-0253906 and Community Facilities District (CFD) 93- 1 dated November 2, 2004. 63. Prior to recordation of the final map, the applicant shall remove the minimum setback notes from the map. GRADING CONDITIONS Page 28 Item No.2. Tentative Tract Map No. 37696 (TM2019-0005) Draft Conditions of Approval Page 11 64. Detailed landscaping and irrigation plans shall be submitted to and approved by the Planning Department for the phase of development in process. The plans shall address all areas and aspects of the tract requiring landscaping and irrigation to be installed including, but not limited to, parkway planting, recreation trails, street trees, slope planting, common area and/or park landscaping. The plans shall be certified by a landscape architect, and shall provide for the following: a. Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Low water use systems shall be specified. b. Landscape screening where required shall be designed to be opaque up to a minimum height of six (6) feet at maturity. c. All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Department. Utilities shall be placed underground wherever feasible. d. Landscaping plans shall incorporate the use of specimen accent trees (24" box minimum) at key visual focal points within the project. e. Landscaping plans shall incorporate native, low water using and drought tolerant plants where appropriate. All Landscaping shall be in compliance with Beaumont Municipal Code Chapter 17.06. f. All specimen trees on the subject property shall be shown on grading plans. Trees intended for retention and/or removal shall be so noted on the project grading plans. Replacement trees for those to be removed shall also be shown on the project grading plans. g. All trees shall be minimum double-staked. Weaker and/or slow-growing trees shall be steel-staked. h. trees proposed within 10 feet of any Right-of-Way shall provide for a 36” deep root barrier. 65. Three (3) sets of detailed landscaping and irrigation plans shall be submitted pursuant to the Conditions of Approval with the applicable processing fee. 66. Driveways shall be designed so as not to exceed a fifteen (15) percent grade. Page 29 Item No.2. Tentative Tract Map No. 37696 (TM2019-0005) Draft Conditions of Approval Page 12 67. A qualified paleontologist shall be retained by the subdivider for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist, the City Public Works Department and the grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect, or halt grading activity to allow recovery of fossils. The paleontologist shall submit in writing to the Planning Department the results of the initial consultation and details of the fossil recovery plan if recovery was deemed necessary. BUILDING CONDITIONS Prior to the issuance of BUILDING PERMITS, all the following conditions shall be satisfied: 68. The subdivider shall submit written clearances to the Planning Department that all pertinent requirements from the following agencies have been met: City Public Works Department Beaumont Unified School District Beaumont-Cherry Valley Water District Beaumont Fire Protection Department Beaumont Planning Department 69. Prior to the merchant builder submittal of architectural building plans and wall and fence plans to the Planning Department, an acoustical study shall be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwelling units within the subdivision to reduce ambient interior noise levels to 45 Ldn. The study shall be submitted to the Planning Department for review with review fee as set in the Fee Schedule or at actual hourly cost and the approved recommendations shall be incorporated into the architectural building plans and wall and fence plans. 70. A detailed wall and fencing plan shall be submitted to and approved by the Planning Department & Public Works Department and shall show all project walls and fencing including but not limited to perimeter fencing, side and rear yard fencing, and open space or park fencing. A typical elevation of all walls and fences shall be shown on the wall and fencing plan. Decorative block walls shall be constructed along all side or other yards adjacent to streets, or which are plainly visible, and in locations as may be required by the Planning Department. 71. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however, solar equipment or any other energy saving devices shall be permitted with Planning Department approval. Page 30 Item No.2. Tentative Tract Map No. 37696 (TM2019-0005) Draft Conditions of Approval Page 13 72. Building separation between all buildings shall not be less than as set forth in the California Building Code. 73. All street side yard setbacks shall be a minimum of ten (10) feet. 74. All front yards shall be provided with landscaping and automatic irrigation systems and adhere to Municipal Code Chapter 17.06 Landscaping Standards, as approved by the Planning Department. Additionally, all front yard landscaping shall be installed with drought tolerant landscaping. 75. No wood fencing is permitted in this development. All fencing materials shall be masonry, vinyl or tubular steel, as approved by the Planning Department. 76. All utility connections and easements shall be placed underground and shall not encroach into the driveway area unless otherwise approved by the Public Works Department. 77. A minor plot plan for all residential buildings, garages and accessory buildings for residential products shall be submitted to the Planning Department accompanied by applicable filing fees for a minor plot plan not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the City of Beaumont. The minor plot plan shall be subject to the approval of Planning Department and shall contain the following elements: a. A final site plan (1"=30' minimum scale precise grading plan) showing all lots, building footprints, setbacks, walls, fencing, the floor plan and elevations of individual lots. b. One (1) color and materials sample board containing precise color texture and material swatches or photographs (which may be from supplier's brochures). Indicate on the sample board the name, address and phone number of the preparer and the project applicant, the tract number, and the manufacturer and product numbers when feasible (trade names also acceptable). c. One (1) set of architectural elevations colored to represent the selected color combinations, with symbols keyed to the color and materials sample board. Brief written color and material descriptions shall be located on the colored elevations. No landscaping or other enhancements shall be shown on the elevations. All residential structures shall be provided with “four-sided” architectural features. With respect to residential structures, this may take the form of edge trim on all exterior doors or windows, or other methods as approved by the Planning Department. Enhanced or upgraded rear and side facing architectural features shall be included for dwelling units adjacent to and visible from parks, walkways, and public roadways. Page 31 Item No.2. Tentative Tract Map No. 37696 (TM2019-0005) Draft Conditions of Approval Page 14 d. Detailed wall and fencing plan for the subdivision, including colors, materials and location details. e. Five (5) sets of photographic or color laser prints (8 X 10 in.) of the sample board and colored elevations shall be submitted for permanent filing. 78. All residential units shall be served by a minimum of two access points at all times, for proper circulation and emergency vehicle ingress and egress, as approved by the Fire Department. 79. Street Improvement Plans shall be prepared to the satisfaction of the Public Works Department. Additionally, Street Lighting plans in accordance with the City of Beaumont Outdoor Lighting ordinance shall be submitted in conjunction with the Street Improvement Plans. Street Lights shall be reviewed and approved by the Planning and Building Department with appropriate fees paid. All Mailbox clusters shall have appropriate lighting as approved by the City. 80. No side-entry garages shall be proposed for this subdivision. FINAL INSPECTION/OCCUPANCY CONDITIONS Prior to the FINAL BUILDING INSPECTION or issuance of OCCUPANCY PERMITS, whichever occurs first, all the following conditions shall be satisfied: 81. Decorative block and sound walls shall be constructed subject to the approval of the Public Works Department and Planning Department. A graffiti resistant coating or landscaping shall be provided on all block walls. 82. Wall and fence locations shall conform to the approved wall fencing plan and approved landscape and irrigation plans. 83. All landscaping and irrigation shall be installed in accordance with approved plans. If the seasonal conditions do not permit planting, interim landscaping, and erosion control measures shall be utilized as approved by the Planning Department and the Public Works Department. 84. A licensed landscape architect shall provide a Compliance Letter to the Planning Department and the Public Works Department stating that the landscape and irrigation system has been installed in compliance with the approved landscaping and irrigation plans, Municipal Code and conditions of approval. The Compliance Letter shall be Page 32 Item No.2. Tentative Tract Map No. 37696 (TM2019-0005) Conditions of Approval Page 15 submitted at least three (3) working days prior to any final building inspection or issuance of any occupancy permits, whichever occurs first. 85. All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by a City field inspection and applicable fees paid at the direction of the Planning Department. 86. All driveways shall be concrete paved. 87. Access roads, street improvements, all agency requirements, parking areas and security lighting shall be constructed in accordance with approved improvement plans and specifications. 88. Clearance shall be obtained from the Beaumont Fire Department, and all fire protection improvements shall be in place as approved by the Fire Chief. PUBLIC WORKS CONDITIONS GENERAL The following is a non-inclusive list of items that may be required by the Public Works Department: A. Plans:  Recorded Parcel Map 37366  Final Map  Street Improvement Plan  Street Light Plan  Landscape Plan offsite  Rough Grading Plan  Precise Grading Plan  Erosion Control Plan  Retaining wall Plan (for line and grade only)  Sewer Improvement Plan  Sewer Lift Station and Forced Main Plan  BCVWD Water Improvement Plan  Storm drain Improvement Plans Page 33 Item No.2. Tentative Tract Map No. 37696 (TM2019-0005) Conditions of Approval Page 16  Traffic Control Plan B. Reports & Studies:  Traffic Impact Analysis (TIA)- TIA used for EIR is acceptable  Soils Investigation Report  Pad Certification  Stormwater Pollution Prevention Plan (SWPPP)  Hydrology and Hydraulics Report  Preliminary Water Quality Management Plan (P-WQMP)- (P-WQMP submitted and approved)  Final Water Quality Management Plan (F-WQMP)  Offsite Improvement Engineer’s Cost Estimate (ECE) C. Permits and agreements:  CWA Section 401 Certification to Protect Wetlands (401 Certification)  CWA Section 404 Permit (404 Permit)  Fish and Game Code section 1602 (Streambed Alteration Agreement  Permission to Grade and Construction agreements  WQMP Covenant and Agreement  City Grading Permit  City Dirt Haul Permit  City Encroachment Permit  County Encroachment Permit  Subdivision Improvement Agreement  Performance Bond  Labor & Material Bond  Survey Monument Bond  Maintenance Bond  Homeowners Association Covenants, Conditions and Restrictions (CC&Rs) 89. The design of public infrastructure elements shall conform to the requirements of the City’s General Plan, Water Quality Management Plan, Master Plans, City of Beaumont Standards, Riverside County Transportation Department (RCTD) Road Improvement Standards & Specification, Caltrans Standard Specifications and the Standard Specifications for Public Works Construction, current edition. Page 34 Item No.2. Tentative Tract Map No. 37696 (TM2019-0005) Conditions of Approval Page 17 90. The design of private site improvements and grading work outside of road right of way shall conform to the latest edition of California Building Code (CBC) and the City of Beaumont standards and practices. 91. All required plans and studies shall be prepared by a Registered Professional Engineer, Registered Professional Geologist or Registered Professional Surveyor in the State of California, and submitted to the Public Works Department for review and approval. 92. Applicant shall coordinate with affected utility companies and obtain any permits as necessary for the development of this project. 93. The Applicant is responsible for resolving any conflicts with existing or proposed easements. All easement(s) of record and proposed easements shall be shown on the final map, grading plan and improvement plans, where applicable. 94. The Applicant shall obtain an Encroachment Permit, as required from the appropriate agency, for all work within the public right-of-way. 95. Where survey monuments exist, such monuments shall be protected or shall be referenced and reset, pursuant to Business and Professions Code, Sections 8700 to 8805 (Land Surveyors Act). 96. Projects with multiple phases shall submit a plan clearly showing the public improvements to be constructed with each phase of the project. Public improvements identified shall be constructed to the satisfaction of the Public Works Director prior to issuance of the 1st certificate of occupancy (COO) for that phase. 97. The Applicant shall submit a copy of Covenants, Conditions and Restrictions (CC&Rs) to the city for conformance review. The CC&Rs shall be enforceable by the Homeowners Association (HOA), shall not be amended without City approval, shall require maintenance of all property in a good condition, and be in accordance with all City Ordinances. 98. The HOA shall be responsible for operating and maintaining all stormwater basins, water quality basins, parkway landscaping and private open space constructed as part of this project, unless otherwise approved by the Planning and Public Works Department. MAPPING 99. PRIOR TO OBTAINING ANY BUILDING PERMIT: The final map must be recorded. Page 35 Item No.2. Tentative Tract Map No. 37696 (TM2019-0005) Conditions of Approval Page 18 100. PRIOR TO MAP RECORDATION: Parcel Map No. 37366 shall be approved and recorded. 101. PRIOR TO MAP RECORDATION: the following plans shall be approved by the City and applicable agencies: A. Street Improvement Plan B. Signing and Striping Plan C. Street Light Plan D. Storm Drain Improvement Plan E. Final WQMP F. Sewer Improvement Plan G. Lift Station Improvement Plan H. Force Main Improvement Plan I. Water Improvement Plan 102. PRIOR TO FINAL MAP RECORDATION: The applicant shall prepare the map in accordance with the City of Beaumont Municipal Code, General Plan, Specific Plan, and standards; Riverside County Transportation Department (RCTD) Road Improvement Standards & Specification; Riverside County Ordinance 460; and RCTD Map Preparation Manual. 103. PRIOR TO FINAL MAP RECORDATION: The applicant shall pay all applicable fees consisting of, but not be limited to, area drainage fee; bridge and major thoroughfare fees. Per the Municipal Code, certain fees may be delayed to building permit issuance. 104. PRIOR TO FINAL MAP RECORDATION: The applicant shall prepare and fully execute a Subdivision Improvement Agreement (SIA) with the City (On City approved format and forms). If the final map and/or improvements will be phased, an SIA will be required for each phase. 105. PRIOR TO FINAL MAP RECORDATION: The applicant shall provid e securities guaranteeing the payment of the cost for all public improvements. The securities shall include Faithful Performance and labor and materials for 100% of the approved Engineer’s Cost Estimate (ECE). 106. PRIOR TO FINAL MAP RECORDATION: The Applicant shall comply with Government Code Section 66436(a)(3) before approval of the final map and shall provide Page 36 Item No.2. Tentative Tract Map No. 37696 (TM2019-0005) Conditions of Approval Page 19 “no objection” letters from all public entities or utilities to the satisfaction of the Public Works Director. 107. PRIOR TO FINAL MAP RECORDATION: When changes to an approved Tentative Map are proposed, a Substantial Compliance Exhibit, in the same scale as the Tentative Map, shall be submitted for review and approval by the Public Works Director. 108. PRIOR TO FINAL MAP RECORDATION: Monuments shall be provided in accordance with Section 8771 of the Business and Professions Code. Cross-ties shall be set in top of curbs and tie sheets shall be submitted to the Public Works Department. Per the Subdivision Map Act, Section 66496, internal monuments may be set at a later date if the applicant furnishes security guaranteeing the payment of the cost of setting such monuments. 109. PRIOR TO FINAL MAP RECORDATION: The applicant shall provide an easement to, over and across all private water quality, stormwater and drainage basins, to be dedicated to the City, for ingress, egress and right to inspect. The City will not maintain any basin unless expressly stated in writing by the Public Works Director. 110. PRIOR TO FINAL MAP RECORDATION: The applicant shall show all right -of-way dedications necessary for the construction of all streets, on the Final Map, including but not limited to: A. All interior streets, as shown on Tentative Map No. 37696 dated October 2019, show a full-width dimension of 50-feet right-of-way to right-of-way (50-feet R/W width). The interior streets are based on the adopted Specific Plan and not a City standard. Therefore, the applicant shall be conditioned to construct the typical sections as shown on said tentative map and adopted Specific Plan. The Applicant shall verify that the appropriate right-of-way exist and/or the Applicant shall dedicate all additional right-of-way necessary to achieve the required 50-feet full-width. B. Per separate instrument, additional right-of-way shall be dedicated along Street “D” to allow for the construction of improvements conditioned under the “Street Improvements” section of this document. C. The applicant shall dedicate on the final map, a five foot (5’) public utility easement (PUE) coincident with the interior right-of-way, each side of a typical street. 111. PRIOR TO FINAL MAP RECORDATION: The right-of-way corner cutback shall be established per RCTD std. 805 as follows: Along a straight line projected from the Page 37 Item No.2. Tentative Tract Map No. 37696 (TM2019-0005) Conditions of Approval Page 20 intersection of the radial line passing through the beginning of the curb return, and the corresponding right-of-way line to the intersection of the radial line, passing through the end of the curb return at the corresponding right-of-way line, or as directed by the Engineering Department. A. The applicant has requested a deviation from std. 805 for various locations. The deviations will be accepted, as currently shown on the tentative map. The applicant is still required to meet all ADA requirements and no public improvement shall encroach into private property. 112. PRIOR TO FINAL MAP RECORDATION: The Applicant, at its sole expense, shall obtain all right-of-way or easement acquisitions necessary to implement any portion or condition of this map, including public improvements; off-site grading & construction; offsite street requirements; offsite sewer requirements; storm drain improvements; or any other requirement or condition, prior to the City’s consideration of the final map. 113. PRIOR TO FINAL MAP RECORDATION: The Applicant shall show all drainage, landscaping, open space or other non-residential use lots, as lettered lots on the final map. 114. PRIOR TO FINAL MAP RECORDATION: The Applicant shall provide all agreements for permission to construction and grade for all applicable offsite areas that currently do not have a recorded easement. STREET IMPROVEMENTS 115. PRIOR TO ISSUANCE OF AN ENCROACHMENT PERMIT: The applicant shall prepare the Street Improvement plan, Signing and Striping plan, and Street Light Plan in accordance with the City of Beaumont Municipal Code, General Plan, Specific Plan, and standards; Riverside County Transportation Department (RCTD) Road Improvement Standards & Specification (Ordinance 461); Riverside County Ordinance 460; and California M.U.T.C.D. 116. PRIOR TO ISSUANCE OF ENCROACHMENT OR GRADING PERMIT: The Applicant shall coordinate the design of any public infrastructure that encroaches within the County right-of-way. Written approval shall be provided to the Public Works Department. 117. PRIOR TO ISSUANCE OF AN ENCROACHMENT PERMIT: The Applicant shall submit a Construction Traffic Management Plan per the California M.U.T.C.D., for review and approval by the Public Works Director. Page 38 Item No.2. Tentative Tract Map No. 37696 (TM2019-0005) Conditions of Approval Page 21 118. PRIOR TO ISSUANCE OF AN ENCROACHMENT PERMIT: The applicant shall analyze the turning radii for impact to the maneuverability of fire apparatus and demonstrate adequate clearance. Any deficiencies will need to be identified and discussed with the Public Works Director. 119. PRIOR TO ISSUANCE OF 1st OCCUPANCY PERMIT (COO): The Applicant shall replace any sidewalk, curb and gutter, drive approach, AC pavement or other improvement damaged during construction as determined necessary by the Public Works Director. If the improvements are phase, the condition is applicable to the 1st COO of the corresponding phase. TUKWET CANYON PARKWAY (DIVIDED COLLECTOR 78’ R/W) 120. PRIOR TO ISSUANCE OF 1st OCCUPANCY PERMIT (COO): The Applicant shall construct full-width improvements for Tukwet Canyon Parkway, coincident with the tract boundary and from the tract boundary to Oak Valley Parkway, continuous and inclusive of all intersections. The applicant shall secure all right-of-way necessary by separate instrument. If the improvements are constructed by others, this condition, or portions of, will not be applicable. The improvements shall include: A. 6” Curb and Gutter per RCTD std. 200 @ 28-feet from street centerline, each side. Curb height may be increased to mitigate the 10-year storm event, as directed by the Public Works Director; B. Sidewalks shall be curb-adjacent type per RCTD std. 401 and the adopted specific plan, unless otherwise directed by the Planning Department; C. 14’ wide raised median shall be per RCTD std. 113. D. Street structural sections shall be designed with a Traffic Index per soils recommendations (7.0 minimum). Preliminary soils investigations shall be used by the Engineer to determine an appropriate R-value and the pavement and base thickness based on the established Traffic Index. In no case shall the minimum pavement section be less than 4” AC/6” AB. E. Tukwet Canyon Parkway shall be designated as a weight restricted road. The Applicant shall install signs with a weight restriction provided by the Public Works Director at the time of construction. Streets “A”, “B”, “C” & “E” Page 39 Item No.2. Tentative Tract Map No. 37696 (TM2019-0005) Conditions of Approval Page 22 121. PRIOR TO ISSUANCE OF 1st OCCUPANCY PERMIT (COO): The Applicant shall construct full-width improvements for Streets “A”, “B”, “C” & “E”, per the alignment shown on said tentative map. The improvements shall include: A. 6” Curb and Gutter per RCTD std. 200 @ 18-feet from street centerline, each side. Curb height may be increased to mitigate the 10-year storm event, as directed by the Public Works Director; B. Sidewalks shall be curb-adjacent type per RCTD std. 401 and the adopted specific plan, unless otherwise directed by the Planning Department; C. Street structural sections shall be designed with a Traffic Index per soil engineer’s recommendations (5.5 minimum). Preliminary soils investigations shall be used by the Engineer to determine an appropriate R-value and the pavement and base thickness based on the established Traffic Index. In no case shall the minimum pavement section be less than 4” AC/6” AB. Street “D” 122. PRIOR TO ISSUANCE OF 1st OCCUPANCY PERMIT (COO): The Applicant shall construct half-width improvements for Street “D”, per the alignment shown on said tentative map. The improvements shall include: A. 6” Curb and Gutter per RCTD std. 200 @ 18-feet from street centerline, north side. Curb height may be increased to mitigate the 10-year storm event, as directed by the Public Works Director; B. Sidewalks shall be curb-adjacent type per RCTD std. 401 and the adopted specific plan, unless otherwise directed by the Planning Department; C. Street structural sections shall be designed with a Traffic Index per soil engineer’s recommendations (5.5 minimum). Preliminary soils investigations shall be used by the Engineer to determine an appropriate R-value and the pavement and base thickness based on the established Traffic Index. In no case shall the minimum pavement section be less than 4” AC/6” AB. D. If existing improvements do not exist along Street “D” at the time of construction, the applicant shall construct a 10-feet wide paved lane south of the centerline for a total paving width of 28’. The applicant shall secure all right-of-way necessary by separate instrument. Page 40 Item No.2. Tentative Tract Map No. 37696 (TM2019-0005) Conditions of Approval Page 23 GRADING AND DRAINAGE 123. PRIOR TO ISSUANCE OF A GRADING PERMIT: The applicant shall prepare the grading plans in accordance with the City of Beaumont Municipal Code, General Plan, Specific Plan, and standards; California Building Code (current edition); and recommendations of a soil engineer. 124. PRIOR TO ISSUANCE OF A GRADING PERMIT: The applicant shall obtain a National Pollutant Discharge Elimination System (NPDES) Construction General Permit for stormwater discharges associated with construction activities as required by the California Water Resources Control Board. 125. PRIOR TO ISSUANCE OF A GRADING PERMIT: A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared and submitted to the California Water Resources Control Board. The developer shall be responsible for implementation, monitoring, operation, and maintenance of the SWPPP until all improvements have been accepted by Public Works Department or construction is complete, whichever is later. 126. PRIOR TO ISSUANCE OF A GRADING PERMIT: A copy of the Notice of Intent (NOI) and Waste Discharge Identification (WDID) number from the State Water Resources Control Board shall be provided to the Public Works Department. 127. PRIOR TO ISSUANCE OF GRADING PERMIT: As part of the Grading Plan Submittal Application, the Applicant shall submit for review and approval, a Final Drainage Report. The Final Drainage Report be in substantial conformance with the approved preliminary drainage report. The project shall: A. Follow the general guidelines set forth by Riverside County Flood Control and Water Conservation District’s (RCFC&WCD) Hydrology Manual. B. Design all conveyances to handle the peak flow from a 100-year event. C. Examine the 10-year and 100-year storm events utilizing the RCFC&WCD rational method. The 10-year storm flow shall not exceed the top of curb depth. 100-year storm flow shall not exceed the right-of-way line. If the 10-year storm flow exceeds the top of curb depth, underground storm drain facilities will be required; D. Examine the 2, 10 and 100-year storm frequencies in combination with the 1,3,6 and 24-hour storm durations utilizing the RCFC&WCD synthetic unit hydrograph method; Mitigate for increased runoff by directing drainage to a downstream facility that has sufficient capacity or mitigate the increased runoff onsite. Page 41 Item No.2. Tentative Tract Map No. 37696 (TM2019-0005) Conditions of Approval Page 24 128. PRIOR TO ISSUANCE OF GRADING PERMIT: The applicant shall submit for review and approval, a rough grading plan. The grading design shall incorporate the following: A. conform to the standards of the latest edition of the California Building Code (CBC) and the Beaumont Municipal Code; B. Setbacks for cut/fill slopes from the property line shall be in accordance with the CBC or as approved by the Public Works Director; C. Lots shall be designed and graded to drain to abutting street, on which the driveway for the respective lot will occur. No lot shall drain onto adjacent properties. Drainage devices shall be required to convey storm water from lot onto abutting street. Curb cores shall be required for onsite lot drainage to discharge out into abutting street; D. Building foundation clearance requirements for top of slope and toe of slope shall conform to (Chapter 18 – Soils and Foundations) of the latest edition of the California Building Code; E. Design the site to adequately intercept and convey all off-site run-on through the site and discharge in a manner which will not increase damage, hazard, or liability to adjacent or downstream properties; 129. ADVISORY CONDITION: The project has several proposed slopes with a height close to 30 feet. Slope in excess of 30 feet will not be permitted in the field. 130. PRIOR TO ISSUANCE OF GRADING PERMIT: The Applicant shall design the extended detention basin per the Riverside Flood Control District, LID manual and include the following: A. An access road that allows easy access to the bottom of the basin for maintenance; B. An emergency overflow weir or spillway; C. Drain within 72 hours or otherwise comply with relevant standards for vector control. If the 72-hour limit cannot be reached, the applicant shall implement other features to meet the requirement. This may include dry-wells, underdrain, larger surface area, etc. D. Security fencing along the perimeter of the basin w/ appropriate signage; E. Fire Department Rapid Entry System; F. Access from public right-of-way. 131. PRIOR TO ISSUANCE OF GRADING PERMIT: The Applicant shall adhere to all Federal Emergency Management Agency (FEMA) regulations and requirements in the event that existing drainage patterns are affected by this development. The applicant shall Page 42 Item No.2. Tentative Tract Map No. 37696 (TM2019-0005) Conditions of Approval Page 25 submit to the City of Beaumont and to any governing Federal agency for review and approval, all necessary calculations. 132. PRIOR TO ISSUANCE OF GRADING PERMIT: The applicant shall submit for review and approval, a soils/ geology report. 133. PRIOR TO ISSUANCE OF GRADING PERMIT: The applicant shall submit for review and approval, an Erosion Control Plan that addresses Site Construction BMPs. 134. PRIOR TO ISSUANCE OF GRADING PERMIT: The applicant shall submit for review and approval, a Final WQMP (F-WQMP). The F-WQMP shall be in substantial conformance with the approved preliminary Project-Specific WQMP and the document “Water Quality Management Plan – A Guidance Document for the Santa Ana Region of Riverside County,” dated October 2012 (Guidance Document) 135. PRIOR TO ISSUANCE OF GRADING PERMIT: The Applicant shall record a “Covenant and Agreement” with the County Recorder, or other instrument acceptable to the City, to inform future property owners of the requirement to implement the approved project-specific WQMP for each parcel. 136. PRIOR TO ISSUANCE OF GRADING PERMIT: The Applicant shall obtain all permits and approvals from all regulatory agencies with jurisdiction over any portion of this project. Potentially including, but not limited to: Riverside County Flood Control, State Department of Fish and Game, State Water Resource Control Board and US Army Corps of Engineers. 137. CONCURRENT WITH GRADING OPERATIONS: Any grading and/or utility excavations and backfilling, both on and off site, shall be done under the continuous direction of a licensed geotechnical/civil engineer who shall obtain all required permits and submit reports on progress and test results to the Public Works Director for review and approval as determined by the City. Upon completion of all soils related work, the geotechnical engineer shall submit a final report to the Public Works Director for review and approval, which may require additional tests at the expense of the applicant. 138. CONCURRENT WITH GRADING OPERATIONS: The Applicant shall construct temporary drainage facilities and erosion control measures to minimize erosion and silt deposition. 139. PRIOR TO FOUNDATION TRENCHING: The applicant shall submit a soil compaction report to the City for review and approval. Page 43 Item No.2. Tentative Tract Map No. 37696 (TM2019-0005) Conditions of Approval Page 26 140. PRIOR TO OBTAINING ANY BUILDING PERMIT: The applicant shall submit pad certifications letters and pad compaction reports to the City for review and Approval. STORM DRAIN IMPROVEMENTS 141. PRIOR TO ISSUANCE OF AN ENCROACHMENT PERMIT: The applicant shall design the storm drain system and facilities in accordance with Beaumont Municipal Code, General Plan, Specific Plan, and Standards; the Riverside County Flood Control District standards; hydrology manual; and Low Impact Development (LID) BMP Design Handbook. 142. PRIOR TO ISSUANCE OF GRADING PERMIT: All storm drains, catch basins, and storm water structures shall be provided with trash capture devices that conform with the approved trash capture list issued by the State Water Board. 143. PRIOR TO ISSUANCE OF A GRADING PERMIT: The stormwater generated within the development shall be captured into appropriate drainage facilities. The stormwater shall be treated per the requirements of the approved P-WQMP. 144. PRIOR TO ISSUANCE OF 1st OCCUPANCY PERMIT (COO): The Applicant shall construct all storm drain facilities to accommodate WQMP requirements and Hydraulic Conditions of Concerns (HCOC) requirements. If the improvements are constructed by others, this condition, or portions of, will not be applicable. The improvements shall consist of: A. Storm drain network within the tract boundary; i. Including all catch basins and facilities necessary for the complete operation and conveyance of storm water and treated water. B. Storm drain network from the tract boundary to the Sorenstam Water Quality Basin; i. Including all catch basins and facilities necessary for the complete operation and conveyance of storm water and treated water. ii. Including all laterals, catch basins, manholes, junctions, transitions and other facilities within Tukwet. The applicant shall extend all future connections to outside Tukwet right-of-way and bulkhead as necessary. C. Sorenstam Water Quality Basin; iii. Basin shall be constructed with the same requirements as the extended detention basin. Page 44 Item No.2. Tentative Tract Map No. 37696 (TM2019-0005) Conditions of Approval Page 27 D. PRIOR TO ISSUANCE OF AN ENCROACHMENT PERMIT: The applicant shall secure all right-of-way and/or easements necessary for the complete construction and operation of all facilities. 145. PRIOR TO ISSUANCE OF 1st OCCUPANCY PERMIT (COO): All storm drains, catch basins, and storm water structures shall be provided with trash capture devices that conform with the approved trash capture list issued by the State Water Board. SEWER IMPROVEMENTS 146. PRIOR TO ISSUANCE OF 1st OCCUPANCY PERMIT (COO): The sanitary sewer system shall be designed and constructed to collect and convey sewage to the Upper Oak Valley Lift Station in accordance with the Master Sewer Plan and Beaumont Municipal Code, Eastern Municipal Water District (EMWD) standards, and as follows: A. The minimum pipe size for sewer shall be 8”; B. All sewer laterals from homes shall be connected to the sewer main in the street. C. Gravity sewer pipes 12” or less in diameter shall be designed to flow at a maximum depth of one-half of the pipe diameter. Sewer flow calculations shall be provided; D. Gravity sewer pipes 15” or larger shall be designed to flow at a maximum depth of three-quarters of the pipe diameter. Sewer flow calculations shall be provided; E. Sewer line locations shall follow the State Department of Health requirements for water line and sewer line separations both horizontally and vertically. If pertinent conditions do not allow for the required separations horizontally and vertically, the proposed separations shall be submitted to the Public Works Director for review and approval. 147. PRIOR TO ISSUANCE OF 1st OCCUPANCY PERMIT (COO): The Applicant shall design and construct the sewer network necessary for the complete operation of the sewer system which includes: A. The entire sewer system within the tract boundary; B. All necessary sewer mains that occur outside the tract boundary; C. Sewer lateral wyes along any of the mains constructed as part of this tract, for all future connections; D. Lift station; E. Forced main lines and gravity lines that will connect the lift station to the existing Upper Oak Valley lift station, and all necessary facilities. Page 45 Item No.2. Tentative Tract Map No. 37696 (TM2019-0005) Conditions of Approval Page 28 148. PRIOR TO ISSUANCE OF 1st OCCUPANCY PERMIT (COO): The Applicant shall design and construct a sewer lift station and force main per EMWD standards. Redundant pumps and a bypass system for the lift station shall be incorporated into the design of the lift station. The applicant shall secure all right-of-way and/or easements necessary for the complete construction and operation of all facilities. If the improvements are constructed by others, this condition, or portions of, will not be applicable. 149. PRIOR TO ANY BUILDING PERMIT AND PRIOR TO CONNECTING TO A PUBLIC SEWERAGE SYSTEM: The applicant shall pay the sewage disposal facility charge (connection fee) for not less than 25 percent of the lots to which sewers are available before the connection to the City system is made and shall pay the charge for each additional lot thereafter upon building permit or connection for the respective lot(s). 150. ADVISORY CONDITION: The existing Mesa sewer lift station is currently (2020) being assessed for capacity as part of a citywide Master Sewer Plan update. It is anticipated that the existing lift station has some capacity for this development; however, the assessment will identify the available capacity. The City may elect to develop a Capital Improvement Project to increase capacity based on need, available funding and schedule. WATER IMPROVEMENTS 151. PRIOR TO FINAL MAP RECORDATION: The Applicant shall be responsible for obtaining potable water and reclaimed water for the development. 152. PRIOR TO ISSUANCE OF OCCUPANCY PERMIT (COO): The applicant shall comply with the requirements of the Beaumont Cherry Valley Water District. 153. PRIOR TO ISSUANCE OF OCCUPANCY PERMIT (COO): The applicant shall ensure all fire hydrants; air vacs and other above ground water facilities are placed outside of sidewalk areas. Water meter boxes and vaults, valve covers, etc. may be placed within sidewalks or paved areas provided such devices are set flush with the finished surfaces and are properly rated for chosen locations as approved by the Public Works Director. 154. PRIOR TO ISSUANCE OF OCCUPANCY PERMIT (COO): The applicant shall ensure that water line locations follow the State Department of Health requirements for water line and sewer line separations both horizontally and vertically. If pertinent conditions do not allow for the required separations horizontally and vertically, the proposed separations shall be submitted to the Public Works Director for review and approval. Page 46 Item No.2. Tentative Tract Map No. 37696 (TM2019-0005) Conditions of Approval Page 29 End of Conditions Page 47 Item No.2. Page 48 Item No.2. TTM37696, 37697 & 37698 General Plan General Plan Rural Residential Single-Family Residential Multi-Family Residential General Commercial Community Commercial Industrial Commercial Industrial Overlay Urban Village Overlay Beaumont Avenue Overlay Public Facilities Recreation and Conservation 12/2/2019 3:10:58 PM 0 0.25 0.50.13 mi 0 0.4 0.80.2 km 1:18,056 City of Beaumont Page 49 Item No.2. TTM37696, 37697 & 37698 Zoning Map Zoning Rural Residential Residential Single-Family Residential Multi-Family Specific Plan Area Commercial General Commercial Community Commercial Manufacturing Manufacturing Beaumont Avenue Overlay Mineral Resource Overlay Public Facilities 12/2/2019 3:09:24 PM 0 0.25 0.50.13 mi 0 0.4 0.80.2 km 1:18,056 City of Beaumont Page 50 Item No.2. *IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS Legend TTM37696, 37697 & 37698 Notes REPORT PRINTED ON...12/2/2019 9:46:42 AM Aerial Photograph 0 3,0321, 516 Feet County Centerline Names Blueline Streams World Street Map Page 51 Item No.2. Page 52Item No.2. The Press EnterpriseAdvertising Order Confirmation 10:27:41AM11/25/19 Page 1 Ad Order Number Customer 0011339332 BEAUMONT, CITY OF / LEGAL Payor Customer PO Number BEAUMONT, CITY OF / LEGAL Sales Representative Customer Account Payor Account Ordered By Nick Eller 5209298 5209298 Carole Kendrick Order Taker Customer Address Payor Address Customer Fax Nick Eller 550 E SIXTH ST 550 E SIXTH ST BEAUMONT, CA 92223 BEAUMONT, CA 92223 finance@beaumontca.gov951-769-8520951-769-8520Select Source Customer EMailPayor PhoneCustomer PhoneOrder Source Current Queue Invoice Text TTM37696Ready Tear Sheets Affidavits Blind Box Materials Promo Type Special Pricing 0 0 Ad Number Production NotesProduction MethodAd AttributesProduction ColorColorAd Size AdBooker0011339332-01 3 X 45 Li External Ad Number Ad TypePick Up Released for Publication Legal Liner Product Run Dates # InsertsRequested Placement Requested Position PE Riverside:South 11/29/19PublicNotice Banning City Notices Ban - 1076~1 Page 53 Item No.2. Staff Report TO: Mayor, and City Council Members FROM: Carole Kendrick, Senior Planner DATE February 4, 2020 SUBJECT: Tentative Tract Map No. 37698 (TM2019-0006) for a Request to Subdivide 22.09 Acres into 126 Single Family Residential Lots with a Minimum Lot Size of 3,800 Square Feet and 16 Lettered Lots Located Within Planning Area 25 of the Oak Valley Specific Plan (Fairway Canyon) on the East Side of Tukwet Canyon Parkway, North of San Timoteo Canyon Road and South of Champions Drive Background and Analysis: The applicant is requesting approval of a Tentative Tract Map No. 37698 (TM2019 - 0006) for the subdivision of 22.09 acres into 126 single family residential lots with a 3,800 square minimum lot size and 16 lettered lots. The project site is in the southern portion Planning Area 25 of the Oak Valley Specific Plan commonly referred to as Fairway Canyon. Planning Area 25 is located north of San Timoteo Canyon Road, south of Champions Road and east of the extension of Tukwet Canyon P arkway. The Oak Valley SCPGA Specific Plan #318 encompassing 1,747.9 acres allowing 4,355 dwelling units was adopted by the County of Riverside on August 14, 2001. The property was annexed into the City of Beaumont on April 9, 2003 , by the Local Agency Formation Commission (LAFCO) by LAFCO 2002-43-5. The Oak Valley SCPGA Specific includes the developments of Fairway Canyon and Tournament Hills. The subject property is located within the Fairway Canyon portion of the specific plan. Fairway Canyon has constructed Phase 1 and 2 of the development and is nearing completion of Phase 3. The subject property is located within Phase 4 of the development and more specifically in Planning Area 25, as shown in Exhibit F. The project was advertised and noticed for a public hearing with the Planning Commission on December 10, 2019, however the applicant and staff determined that a continuance was necessary in order to allow the parties to meet and discuss modifications to draft conditions of approval. The project team met with City staff on Page 54 Item No.3. December 18, 2019, which included representatives from the City Manager’s office, Public Works Department, Planning Department and Fire Department and resulted in modifications to the draft conditions of approval. The modifications included updates to the ownership name, clarification on satisfied conditions, timing of fees and infrastructure requirements. On January 14, 2020, the Planning Commission conducted the continued public hearing for the proposed subdivision. No members of the public spoke regarding the project and the Planning Commission unanimously voted to forward a recommendation of approval to the City Council. Approval Authority: The Beaumont Municipal Code, Section 16.04.020 designates the Planning Commission as the “advisory agency” charged with reviewing and making recommendations on all proposed parcel map land divisions and tentative subdivision maps in the City. Section 16.24.050.A authorizes the Planning Commission to conditionally approval or disapprove all tentative parcel maps and tentative subdivision maps and land divisions and submit to the City Council for final approval. When a tentative map is required under the Subdivision Map Act (66463.5(a)), an approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval. The Subdivision Map Act does allow for up to four (4) years of extensions subject to approval by the original approving body, however the proposed subdivision is subject to the development agreement (City of Beaumont Resolution No. 1987-34) dated November 18, 2003, which has a term of 25 years (item 7 of the development agreement) and tentative tract maps shall be granted an extension of time for the term of the development agreement (item 33 of the development agreement). Therefore, the expiration date for the proposed subdivision is November 18, 2028. The project setting can also be seen in the following materials attached to this staff report. Page 55 Item No.3.  General plan land use map (Attachment C),  Zoning map (Attachment D), and  Aerial photograph (Attachment E). The 22.09-acre site is currently vacant. The property is located in an area which contains single family residences to the west, vacant land to the south and the Morongo Golf Club at Tukwet Canyon to the north and east of the subject property. The land uses, zoning, and general plan land use designations of the project site and surrounding areas are shown in the following table. LAND USE GENERAL PLAN ZONING PROJECT SITE Vacant Land Single Family Residential (SFR) Oak Valley Specific Plan (SPA) NORTH Golf Course Recreation Conservation (RC) Oak Valley Specific Plan (SPA) SOUTH Vacant Land Single Family Residential (SFR) Oak Valley Specific Plan (SPA) EAST Golf Course Recreation Conservation (RC) Oak Valley Specific Plan (SPA) WEST Single Family Residential Single Family Residential (SFR) Oak Valley Specific Plan (SPA) TTM37696 TTM37697 TTM37698 Page 56 Item No.3. Analysis: The proposed subdivision contains lots that range in size from 3,800 square feet to 13,367 square feet. The density for this subdivision is 5.7 dwelling units per acre. The lettered lots include the interior streets (Lots A through G). Lot H is a 39,902 square foot water quality basin located on the northeast corner of the extension of Tukwet Canyon Parkway and Street “A”. Lot J is a 12,907 square foot basin located adjacent to Tukwet Canyon Parkway and is north of Lot 89 and south of Lot 81. Lots I, K , L, N, O and P are open space lots that include slope areas located along the extension of Tukwet Canyon Parkway and along several rear yards of the proposed subdivision. A 7,512 square park is proposed on Lot M on the corner where Street “A” and Street “B” intersect, in the southeast portion of the proposed subdivision. Streets A through G are proposed to be dedicated to the City and Lots H through P will be dedicated to the homeowner’s association for future maintenance. Primary access to the subdivision is proposed as an extension of Tukwet Canyon Road. The proposed lots will front onto internal streets within the subdivision. The subject property drains from the northeast to the southwest and will discharge into the Lot “J” basin and Lot “H” water quality basin located along the east side of Tukwet Canyon Road. The subject property is zoned Specific Plan (SPA). The proposed subdivision would be subject to various development standards in terms of lot width and depth as defined in the Oak Valley SCPGA Specific Plan. Staff has reviewed the proposed subdivision and determined that it complies with the minimum development standards of the Planning Area 25 of the Oak Valley SCPGA Specific Plan Section III.B.28. The table below summarizes the required development standards. DEVELOPMENT STANDARDS REQUIRED PROPOSED MINUMUM PROPOSED AVERAGE Minimum Net Lot Area 3,800 sq. ft. 3,800 sq. ft. 5,030 sq. ft. Maximum Density 12.0 du/ac 5.7 du/ac 5.7 du/ac Minimum Lot Width (Average) 40 ft. 46 ft. 51 ft. Minimum Lot Depth (Average) 100 ft. 80 ft. 101 ft. Page 57 Item No.3. Residential Design & Landscaping Standards: If approved, the applicant will be required to submit a minor plot plan application for review of architecture for all buildings with enhancements (shutters, flower boxes, stone veneer, etc.) and provide for trim around all openings. With regard to project landscaping under this proposal, the applicant will be required to adhere to standards set forth under the Guide to California Friendly Landscaping, as well as the City’s landscaping ordinance that requires water efficient landscaping. Separate landscaping plans will be required as part of the conditions of approval by the applicant for staff review of all front-yard, slopes in excess of three feet, and open-space areas. Public Notice and Communications: Property owners located within a 300-foot radius of the project site were notified of the Planning Commission public hearing on November 29, 2019, with a 10-day hearing notice in addition to a public notice in the Press Enterprise newspaper (see Attachment G). The Planning Department has not received any letters of comment from the public as of the writing of this report. CEQA Review: From the standpoint of the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared and certified in 2001 for the Oak Valley SCPGA Specific Plan (Specific Plan No. 318) (SCH# 2000051126), with the latest addendum of the EIR approved by City Council in 2014 (13-EIR-03), assessing the environmental impacts of the overall project and subsequent implementation steps, including subdivision of the site. The EIR and the findings made by the City Council remain pertinent and adequate for use for current application. Execution of this subdivision will require adherence to the mitigation monitoring program established for the project. Incorporated herein by Reference:  City of Beaumont General Plan,  City of Beaumont Zoning Ordinance,  Project Site’s Riverside Conservation Authority Multi-Species Habitat Conservation Plan Informational Map, and  Contents of City of Beaumont Planning Department Project File Tentative Tract Map No. 37696 (TM2019-0005), Tentative Tract Map No. 37698 (TM2019-0006), Tentative Tract Map No. 37697 (TM2019-0007), Tentative Parcel Map No. 37366 Page 58 Item No.3. (PW2019-0387), LAFCO 2002-43-5, 02-ANX-02, Development Agreement dated November 18, 2003, Oak Valley SCPGA Specific Plan 318 and Environmental Impact Report 418. Recommended Action: Approve Tentative Tract Map No. 37698 (TM2019-0006) subject to the Development Agreement and the attached conditions of approval. Attachments: A. Draft Conditions of Approval B. Tentative Tract Map No. 37698 C. General Plan Land Use Designation Map D. Zoning Map E. Aerial Photograph F. Fairway Canyon Phasing Map G. Proof of Publication Page 59 Item No.3. CITY OF BEAUMONT PLANNING DEPARTMENT CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 37698 (TM2019-0006) APN: PORTION OF 413-790-020 TO SUBDIVIDE 22.09 ACRES INTO 126 SINGLE FAMILY RESIDENTIAL LOTS WITH A MINIMUM LOT SIZE OF 3,800 SQUARE FEET, AND 16 LOTS WITH A PARK SITE, BASINS AND LANDSCAPING LOCATED WITHIN PLANNING AREA 25 OF THE OAK VALLEY SPECIFIC PLAN. Note: Any conditions revised at a hearing will be noted by strikeout (for deletions) and/or underline (for additions), and any newly added conditions will be added at the end of all conditions regardless of the Department originating the condition. STANDARD CONDITIONS The following conditions of approval are for Tentative Tract Map No. 37698 and consist of all subsequent conditions and all conditions of approval for the Oak Valley Specific Plan (SP No. 318) and the Mitigation Monitoring and Reporting Plan. 1. The subdivider shall defend, indemnify, and hold harmless the City of Beaumont, its agents, officers, and employees from any claim, action, or proceeding against the City of Beaumont, its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Beaumont, its advisory agencies, appeal boards, or legislative body concerning TENTATIVE TRACT MAP NO. 37698 and the Environmental Impact Report certified by the Beaumont City Council in conjunction with the SCGPA Golf Course at Oak Valley Specific Plan, which action is brought within the time period provided for in California Government Code, Section 66499.37. The City of Beaumont will promptly notify the subdivider of any such claim, action, or proceeding against the City of Beaumont and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Beaumont 2. The subdivision shall comply with the State of California Subdivision Map Act and to all the pertinent requirements of The Beaumont Municipal Code, unless modified by the conditions listed below. Planning Commission Recommendation: 1.14.20 City Council Approval: DRAFT Page 60 Item No.3. Draft Tentative Tract Map No. 37698 (TM2019-0006) Conditions of Approval Page 2 3. This conditionally approved tentative map will expire on November 18, 2028 per 3.3 of the Development Agreement between the City of Beaumont and SDC Fairway Canyon LLC, a Delaware limited liability company. Action on a minor change and/or revised map request will not extend the time limits of the tentative map. Approval of the final map by the City Council is required. 4. If required by the Planning Department, within ten (10) days of approval by the City Council ten (10) copies of an Amended Per Final Conditions map shall be submitted to and approved by the Planning Department prior to release of the final conditions of approval. 5. Any subsequent review/approvals required by the conditions of approval, including but not limited to grading, landscaping, plot plan and/or building plan review, shall be reviewed on an hourly basis based on, or such fee as may be in effect at the time of submittal. 6. The subdivider shall be fully responsible for maintenance and upkeep of any and all slopes, landscaped areas, open space areas, future development areas and irrigation systems until such time as maintenance responsibilities are assumed by other as approved by the Planning Department. 7. The properties contained within Tentative Tract Map 37698 are part of the SCPGA Golf Course at Oak Valley Specific Plan Specific Plan, approved originally by the Beaumont City Council on November 5, 2002 and later amended in 2004, 2005, and 2014. The provisions and criteria of the SCPAGA Golf Course at Oak Valley Specific Plan shall control and guide the development of Tentative Tract Map 37698. 8. An Environmental Impact Report EIR was prepared and certified for the SCPGA Golf Course at Oak Valley Specific Plan Specific Plan, Addendum(s) were prepared for the subsequent amendment and a series of mitigation measures were adopted by the City Council to mitigate the potential impacts of the project. All of the mitigation measures set forth in the subject environmental document are herewith established as conditions of approval for Tentative Tract No. 37698. 9. Execution of the project will necessitate the conducting of mitigation monitoring by the City to ensure that all the mitigation measures set forth in the Environmental Impact Report and Addendum are systematically implemented. The subdivider shall fund the mitigation monitoring requirements by paying an amount equal to the City’s actual contracting cost for such services, plus a 20 percent administrative charge. Page 61 Item No.3. Draft Tentative Tract Map No. 37698 (TM2019-0006) Conditions of Approval Page 3 10. Tentative Tract No. 37698 has been found to be substantially in conformance with the Oak Valley PGA Specific Plan. 11. The approval of this map shall not result in any vesting provisions relative to City of Beaumont fees and exactions. The provisions of the Development Agreement shall prevail in all cases. BUILDING DEPARTMENT CONDITIONS 12. It shall be unlawful for any person to engage in or permit the generation of noise related to landscape maintenance, construction including erection, excavation, demolition, alteration or repair of any structure or improvement, at such sound levels, as measured at the property line of the nearest adjacent occupied property, as to be in excess of the sound levels permitted under Chapter 9 of the Municipal Code, at other times than between the hours of 7:00 a.m. and 6:00 p.m. The person engaged in such activity is hereby permitted to exceed sound levels otherwise set forth in this Chapter for the duration of the activity during the above described hours for purposes of construction. However, nothing contained herein shall permit any person to cause sound levels to at any time exceed 55 dB(A) for intervals of more than 15 minutes per hour as measured in the interior of the nearest occupied residence or school. FIRE DEPARTMENT CONDITIONS 13. Underground fire line plans shall be submitted to the fire department, for review and approval for fire hydrant spacing and type prior to signing Mylar’s. 14. Provide a title block on the set of Mylar’s saying, ‘Riverside County Fire Department’. 15. All residential homes shall have fire sprinklers. Plans shall be submitted to the fire department for review and approval prior to installation. 16. More than one road is required if it is determined that access by a single road may be insufficient due to terrain, location, travel distance, potential fire or life safety hazards, or other factors that could limit access or if vehicle congestion, or weather conditions could impair access points. CFC 2013. 17. Supplementary access points shall be located to facilitate evacuation and emergency operations and minimize congestion or obstruction during an emergency incident. Page 62 Item No.3. Draft Tentative Tract Map No. 37698 (TM2019-0006) Conditions of Approval Page 4 18. Industry standards: A minimum of two vehicle access points is required for any development containing 150 or more residential units. 19. 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.” RVC Ord-787.7 20. The fire code official has reviewed the revisions for this project, and shall require additional access points, and to provide main street artery’s for emergency vehicle ingress and egress. This will help support an evacuation during an emergency operation and would be required to help emergency vehicle faster response times. 21. Due to the number of residential homes that are being built within the project, a fire station is needed in this area. The payment of the fire station impact fee shall meet the requirements of this condition. Community Facilities District No. 93-1 dated November 2, 2004 includes Exhibit E – Fee Credit Table that indicates that Fire Station – Critical and Joint Facilities fees were paid for 3,387.28 dwelling units at a rate of $181.00 per dwelling unit for a total of $613,097.68, therefore the condition has been satisfied. STANDARD CONDITIONS: With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with City of Beaumont/Riverside County Ordinances and/or recognize fire protection standards: 22. FIRE FINAL - and life safety conditions will be addressed when the Fire Prevention Bureau reviews building plans. These conditions will be based on occupancy, use, California Building Code, California Fire Code, and other related codes which are in force at the time of building plan submittal. 23. FIRE FLOW REQUIREMENTS - The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix B, Table B105.1. The applicant/developer shall provide documentation to show that a water system exists and is capable of delivering 1,000 GPM for 2 hour(s) for duration at 20-PSI residual operating pressure must be available before any combustible material is placed on the job site. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. Specific requirements for the project will be determined at time of submittal. California Fire Code 2010. Page 63 Item No.3. Draft Tentative Tract Map No. 37698 (TM2019-0006) Conditions of Approval Page 5 24. SUPER FIRE HYDRANTS - Industrial, Commercial, Multi-family, Apartment, Condominium, Townhouse or Mobile Home Parks. A combination of on-site and off- site super fire hydrants (6" x 4" x 2 – 2 1/2") shall be located not less than 25 feet or more than 200 feet from any portion of the building as measured along approved emergency vehicular travel ways, and spaced no more than the required spacing per Appendix C, table C105.1 in feet apart in any direction. The fire flow shall be available from any adjacent fire hydrant(s) in the system. CFC Chapter 5, section 503.1.1 and Appendix B table – B105.1. 25. ALL WEATHER ACCESS ROAD - Prior to construction and issuance of building permits, all locations where structures are to be built shall have an approved fire department emergency vehicular access road (all weather surface) capable of sustaining an imposed load of 80,000 lbs. Road shall be provided prior to construction, based on street standards approved by the Public Works Director and the Fire Prevention Bureau. CFC Chapter 5, section 503.2.3. 26. 24 FOOT WIDTH, 15 FOOT VERTICAL - Prior to construction and issuance of building permits, fire apparatus access roads shall have an unobstructed width of not less than 24 feet or as approved by the Fire Prevention Bureau and an unobstructed vertical clearance of not less than 15 feet. CFC Chapter 5, section 503.2.1 & RVC Fire Ordinance 787.6. 27. 15 % GRADE - Prior to construction, all roads, driveways and private roads shall not exceed 15 percent grade. Add: Grade transitions shall not exceed Riverside County Fire Department apparatus maximum approach and departure angles as determined by the Fire Chief. RVC Fire Ordinance # 787.6 CFC Chapter 5, section 503.2.7. 28. PHASING - If construction is phased, each phase shall provide an approved emergency vehicular access for fire protection prior to any building construction. CFC Chapter 5, section 501.4. 29. DEAD ENDS - Prior to building construction, dead end roadways and streets which have not been completed shall have a turnaround capable of accommodating fire apparatus. CFC Chapter 5, section 503.2.5. 30. U/G WATER PLANS - Prior to issuance of permits, the applicant/developer shall furnish (3) copies of the water system plans to the Fire Prevention Bureau for review. Plans shall be in accordance with Appendix B and Appendix C and section 508.1 of the CFC 2010:  Signed by a registered civil engineer or certified fire protection engineer.  Contain a Fire Prevention Bureau approval signature block. Page 64 Item No.3. Draft Tentative Tract Map No. 37698 (TM2019-0006) Conditions of Approval Page 6  Conform to hydrant type, location, spacing of new and existing hydrants, and a minimum fire flow required as determined by the Fire Prevention Bureau.  The post indicator valve and fire department connection shall be located to the front access side of buildings, fully visible and recognizable from the street or nearest point of fire department vehicle access, and within 200 feet of an approved fire hydrant, and within 50 of an approved roadway or driveway or otherwise approved by the Fire Chief.  Guard posts or other approved means may be required to protect fire department inlet connections from vehicular damage. RVC Fire Ordinance 787.6 section 912.2.1.  After the local water company signs the plans, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system, including fire hydrants shall be installed, and made serviceable prior to and during the time of construction, and accepted by the City of Beaumont Fire Prevention Bureau. CFC Chapter 5, 508, and the National Fire Protection Association 24 sec 1-4.1.  Existing fire hydrants on public streets are allowed to be available. Existing fire hydrants on adjacent properties shall not be considered available unless fire apparatus access roads extend between properties and easements are established to prevent obstruction of such roads. CFC, Appendix A, & B and NFPA 24 section1-4.1. 31. BLUE DOT REFLECTOR - Prior to issuance of Certificate of Occupancy or building final, “Blue Reflective Markers” shall be installed on private streets, public streets, and driveways to identify fire hydrant locations in accordance with City & RVC Fire Ordinance 787.6 specifications. 32. RESIDENTIAL NUMBERS - Prior to issuance of Certificate of Occupancy or building final, all residential dwellings shall display street numbers in a prominent location on the street side of the residence in such a position that the numbers are easily visible to approaching emergency vehicles. The numerals shall be not less than four (4) inches in height. CFC Chapter 5, section 505.1. 33. ROOFING - Prior to Certificate of Occupancy or building final, all structures shall have fire retardant roofing materials (Class A & B roofs) as described in section 1504 of the CBC. 34. PAVED ACCESS- - Prior to issuance of the building permit for development, independent paved access to the nearest paved road, maintained by the City shall be designed and constructed by the developer within the public right of way in accordance with City Standards. 35. ANGLE APPROACH - The angle of approach and departure for any means of Fire Department access shall not exceed 1-foot drop in 20 feet, and the design limitations of Page 65 Item No.3. Draft Tentative Tract Map No. 37698 (TM2019-0006) Conditions of Approval Page 7 the fire apparatus of the fire department shall be subject to approval by the AHJ. CFC Chapter 5, section 503.2.7. 36. FIRE SPRINKLERS - Prior to issuance of Certificate of Occupancy or building final, the applicant/developer shall install a fire sprinkler system based on square footage and type of construction, occupancy or use. Fire sprinkler plans (3) sets shall be submitted to the Fire Prevention Bureau for approval prior to installation. No person shall remove or modify any fire protection system installed or maintained under the provisions of the California Fire Code without the approval by the Fire Chief. A Licensed C-16 contractor shall do all the work and/or certification. CFC Chapter 9, section 901.3.1, 903.1 & CBC Chapter 9, section 903.1.1. 37. SAFETY PRECAUTIONS - Approval of the safety precautions for buildings being constructed, altered or demolished shall be required by the Fire Chief in addition to other approvals for specific operations or processes associated with such construction, alteration or demolition. Structure, facilities and conditions which in the opinion of the fire code official, constitute a distinct hazard to life or property. The fire code official is authorized to order the posting of signs in a conspicuous location in each structure. The posting of signs shall not be obscured, removed, defaced, mutilated, or destroyed. 38. FIRE DEPARTMENT INSPECTION APPROVAL - Construction or work for which the Fire Prevention Bureau’s approval is required shall be subject to inspection by the Fire Chief and such construction or work shall remain accessible and exposed for inspection purposes until approved. 39. AUTHORITY TO INSPECT - The Fire Prevention Bureau shall maintain the authority to inspect as often as necessary for buildings and premises, including such other hazards or appliances designated by the Fire Chief for the purpose of ascertaining and causing to be corrected any conditions which would reasonably tend to cause fire or contribute to its spread, or any violation of the purpose or provisions of this code and of any other law or standard affecting fire safety. 40. ALTERATIONS - Any alterations, demolitions, or change in design, occupancy and use of buildings or site will require plan submittal to the Fire Prevention Bureau with review and approval prior to installation. 41. MEDIAN CROSSOVERS - Prior to Certificate of Occupancy all locations where medians are constructed and prohibit vehicular ingress/egress into or away from the site, provisions must be made to construct a median-crossover at all locations determined by the Fire Chief and the Public Works Director. Prior to the construction, design plans will be submitted for review and approval by the Public Works Director. Page 66 Item No.3. Draft Tentative Tract Map No. 37698 (TM2019-0006) Conditions of Approval Page 8 42. GATES – All exterior security/emergency access gates shall be electronically operated and be provided with a Knox key switch for access by emergency personnel, that includes the Police Department's "E" key. Contact Beaumont Police Department at 951-769-8500 for any questions. Gate entrances shall be at least two feet wider than the width of the traffic lane (s) serving that gate. Any gate providing access from a road to a driveway shall be located at least 35 feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 40-foot turning radius will be required. CFC Chapter 5, section 503.6. 43. KNOX SWITCH - Gate (s) shall be opened by a Fire Department Knox Switch, and all gates shall be a minimum of 24 feet in width. Automatic gates shall be equipped with emergency backup power. 44. MULTI-FAMILY RESIDENCE - Prior to issuance of Certificate of Occupancy or building final, all multi-family residences shall display the address in a visible location on the street side of the building and shall be clearly distinguishable from the fire apparatus access road. The building numerals shall be a minimum of twelve (12) inches in height and individual dwelling units shall be not less than four (4) inches in height and shall contrast with their background. The address shall be illuminated as approved by the Fire Department. CFC Chapter 5, section 505.1 & RVC Ordinance 787.7. 45. SINGLE FAMILY DWELLINGS - Approved fire prevention standard fire hydrants (6" x 4" x 2 – 2 1/2") shall be located at each intersection of all residential streets and spaced no more than 500 feet apart in any direction, with no portion of any lot frontage more than 250 feet from a fire hydrant. Minimum fire flow shall be 1,000 GPM for 2 hours at 20 PSI. Fire flow and flow duration for dwellings in excess of 3,600 square feet shall not be less than that specified in Appendix B, Table B 105.1, RVC 787.7 & CFC Chapter 5, and Appendix C, Table C 105.1. 46. ACCESS/ROAD LENGTH - No cul-de-sac or dead-end road length shall exceed one thousand three hundred-twenty (1,320) feet in length. In any hazard fire area of Riverside County, no dead-end or cul-de-sac road shall exceed six hundred-sixty (660) feet in length. The Fire Chief based on city street standards shall determine minimum turning radius for fire apparatus based upon fire apparatus manufacture specifications. Riverside County Ordinance 787.7, CFC Chapter 5, section 503.2.5. 47. BUILDING OPENINGS - Access to building openings and roofs shall be maintained readily accessible for emergency access by the fire department. Finished grade to be flat and accessible on all sides of the building were ground ladder access is the only means to Page 67 Item No.3. Draft Tentative Tract Map No. 37698 (TM2019-0006) Conditions of Approval Page 9 reach the highest point on the building from the exterior. Obstructions will not be placed as to interfere with ground ladder placement. CFC Chapter 5, section 504.1 & RVC Ordinance 787.7. AGENCY CONDITIONS 48. The subdivider shall comply with the requirements set forth in the City Public Works Department conditions. 49. The subdivider shall comply with the requirements of the Beaumont Police Department. 50. The subdivider shall comply with the requirements of the Beaumont Fire Department. 51. The subdivider shall comply with the requirements of the Beaumont-Cherry Valley Water District. 52. The subdivider shall comply with the requirements of the Southern California Gas Company. 53. The subdivider shall comply with the requirements as set forth by the Beaumont Unified School District. RECORDATION CONDITIONS Prior to the RECORDATION of any final map, all the following conditions shall be satisfied: 54. The subdivider shall submit written clearances to the Public Works Department that all pertinent requirements from the following agencies have been met: City Fire Department City Police Department City Planning Department Beaumont Cherry Valley Water District Beaumont Unified School District 55. All public street road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Public Works Department. Street names shall be subject to the approval of the Building Official. The final street sections, configurations and improvements shall be subject to the approval of the Public Works Department. Page 68 Item No.3. Draft Tentative Tract Map No. 37698 (TM2019-0006) Conditions of Approval Page 10 56. All delinquent property taxes, special taxes and assessments shall be paid to the Riverside County Tax Collectors Office. 57. Lots created by this subdivision shall comply with the following: a. Lots created by this subdivision shall be in conformance with the development standards of the Oak Valley PGA Specific Plan. b. All sewer, storm drain and other public utility crossings in side and rear yards to be located in fee title lots and not easements. 58. No lots fronting on knuckles, or cul-de-sacs shall have less than twenty-five (25) feet of frontage measured at the property line, with the exception of flag lots as approved by the Planning Department. 59. This subdivision may be recorded in phases subject to the following: a. Phasing, including phase boundaries and sequencing, shall be subject to Planning Department approval. b. Common open space area improvement phasing shall be required subject to Planning Department approval. 60. Consistent with City standards and the Beaumont General Plan, the subdivider is obligated to provide fully improved park space at a ratio of 5 acres per 1,000 population. Said conditions of approval require of park improvements and/or fees, and these requirements shall be applicable as set forth in the conditions of approval for the Oak Valley PGA Specific Plan. 61. The maintenance and management of common open space areas and common facilities shall be conducted as set forth herein and approved by the Planning Department. All provisions of said condition shall be satisfied prior to map recordation. 62. The subdivider shall be responsible for the provision of a fair share of the necessary roadway, water, sewer and drainage facilities for the orderly implementation of the Oak Valley PGA Specific Plan and the existing master plans for these facilities. Prior to recordation, the subdivider shall work with the City and the Public Works Department to establish the necessary financing and implementation measures to ensure the provision of a fair share of such necessary facilities or provide documentation that this has been Page 69 Item No.3. Draft Tentative Tract Map No. 37698 (TM2019-0006) Conditions of Approval Page 11 satisfied per the Development Agreement dated November 18, 2003 (Resolution No. 1987-34) between the City of Beaumont and LB/L—Suncal Oak Valley LLC which is was assumed by SDC Fairway Canyon, LLC, a Delaware limited liability company on June 1, 2012 via Document# 2012-0253906 and Community Facilities District (CFD) 93- 1 dated November 2, 2004. 63. Prior to recordation of the final map, the applicant shall remove the minimum setback notes from the map. GRADING CONDITIONS 64. Detailed landscaping and irrigation plans shall be submitted to and approved by the Planning Department for the phase of development in process. The plans shall address all areas and aspects of the tract requiring landscaping and irrigation to be installed including, but not limited to, parkway planting, recreation trails, street trees, slope planting, common area and/or park landscaping. The plans shall be certified by a landscape architect, and shall provide for the following: a. Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Low water use systems shall be specified. b. Landscape screening where required shall be designed to be opaque up to a minimum height of six (6) feet at maturity. c. All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Department. Utilities shall be placed underground wherever feasible. d. Landscaping plans shall incorporate the use of specimen accent trees (24" box minimum) at key visual focal points within the project. e. Landscaping plans shall incorporate native, low water using and drought tolerant plants where appropriate. All Landscaping shall be in compliance with Beaumont Municipal Code Chapter 17.06. f. All specimen trees on the subject property shall be shown on grading plans. Trees intended for retention and/or removal shall be so noted on the project grading plans. Replacement trees for those to be removed shall also be shown on the project grading plans. Page 70 Item No.3. Draft Tentative Tract Map No. 37698 (TM2019-0006) Conditions of Approval Page 12 g. All trees shall be minimum double-staked. Weaker and/or slow-growing trees shall be steel-staked. h. trees proposed within 10 feet of any Right-of-Way shall provide for a 36” deep root barrier. 65. Three (3) sets of detailed landscaping and irrigation plans shall be submitted pursuant to the Conditions of Approval with the applicable processing fee. 66. Driveways shall be designed so as not to exceed a fifteen (15) percent grade. 67. A qualified paleontologist shall be retained by the subdivider for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist, the City Public Works Department and the grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect, or halt grading activity to allow recovery of fossils. The paleontologist shall submit in writing to the Planning Department the results of the initial consultation and details of the fossil recovery plan if recovery was deemed necessary. BUILDING CONDITIONS Prior to the issuance of BUILDING PERMITS, all the following conditions shall be satisfied: 68. The subdivider shall submit written clearances to the Planning Department that all pertinent requirements from the following agencies have been met: City Public Works Department Beaumont Unified School District Beaumont-Cherry Valley Water District Beaumont Fire Protection Department Beaumont Planning Department 69. Prior to the merchant builder submittal of architectural building plans and wall and fence plans to the Planning Department, an acoustical study shall be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwelling units within the subdivision to reduce ambient interior noise levels to 45 Ldn. The study shall be submitted to the Planning Department for review with review fee as set in the Fee Schedule or at actual hourly cost and the approved recommendations shall be incorporated into the architectural building plans and wall and fence plans. Page 71 Item No.3. Draft Tentative Tract Map No. 37698 (TM2019-0006) Conditions of Approval Page 13 70. A detailed wall and fencing plan shall be submitted to and approved by the Planning Department & Public Works Department and shall show all project walls and fencing including but not limited to perimeter fencing, side and rear yard fencing, and open space or park fencing. A typical elevation of all walls and fences shall be shown on the wall and fencing plan. Decorative block walls shall be constructed along all side or other yards adjacent to streets, or which are plainly visible, and in locations as may be required by the Planning Department. 71. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however, solar equipment or any other energy saving devices shall be p ermitted with Planning Department approval. 72. Building separation between all buildings shall not be less than as set forth in the California Building Code. 73. All street side yard setbacks shall be a minimum of ten (10) feet. 74. All front yards shall be provided with landscaping and automatic irrigation systems and adhere to Municipal Code Chapter 17.06 Landscaping Standards, as approved by the Planning Department. Additionally, all front yard landscaping shall be installed with drought tolerant landscaping. 75. No wood fencing is permitted in this development. All fencing materials shall be masonry, vinyl or tubular steel, as approved by the Planning Department. 76. All utility connections and easements shall be placed underground and shall not encroach into the driveway area unless otherwise approved by the Public Works Department. 77. A minor plot plan for all residential buildings, garages and accessory buildings for residential products shall be submitted to the Planning Department accompanied by applicable filing fees for a minor plot plan not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the City of Beaumont. The minor plot plan shall be subject to the approval of Planning Department and shall contain the following elements: a. A final site plan (1"=30' minimum scale precise grading plan) showing all lots, building footprints, setbacks, walls, fencing, the floor plan and elevations of individual lots. b. One (1) color and materials sample board containing precise color texture and material swatches or photographs (which may be from supplier's brochures). Indicate on the Page 72 Item No.3. Draft Tentative Tract Map No. 37698 (TM2019-0006) Conditions of Approval Page 14 sample board the name, address and phone number of the preparer and the project applicant, the tract number, and the manufacturer and product numbers when feasible (trade names also acceptable). c. One (1) set of architectural elevations colored to represent the selected color combinations, with symbols keyed to the color and materials sample board. Brief written color and material descriptions shall be located on the colored elevations. No landscaping or other enhancements shall be shown on the elevations. All residential structures shall be provided with “four-sided” architectural features. With respect to residential structures, this may take the form of edge trim on all exterior doors or windows, or other methods as approved by the Planning Department. Enhanced or upgraded rear and side facing architectural features shall be included for dwelling units adjacent to and visible from parks, walkways, and public roadways. d. Detailed wall and fencing plan for the subdivision, including colors, materials and location details. e. Five (5) sets of photographic or color laser prints (8 X 10 in.) of the sample board and colored elevations shall be submitted for permanent filing. 78. All residential units shall be served by a minimum of two access points at all times, for proper circulation and emergency vehicle ingress and egress, as approved by the Fire Department. 79. Street Improvement Plans shall be prepared to the satisfaction of the Public Works Department. Additionally, Street Lighting plans in accordance with the City of Beaumont Outdoor Lighting ordinance shall be submitted in conjunction with the Street Improvement Plans. Street Lights shall be reviewed and approved by the Planning and Building Department with appropriate fees paid. All Mailbox clusters shall have appropriate lighting as approved by the City. 80. No side-entry garages shall be proposed for this subdivision. FINAL INSPECTION/OCCUPANCY CONDITIONS Prior to the FINAL BUILDING INSPECTION or issuance of OCCUPANCY PERMITS, whichever occurs first, all the following conditions shall be satisfied: 81. Decorative block and sound walls shall be constructed subject to the approval of the Public Works Department and Planning Department. A graffiti resistant coating or landscaping shall be provided on all block walls. Page 73 Item No.3. Draft Tentative Tract Map No. 37698 (TM2019-0006) Conditions of Approval Page 15 82. Wall and fence locations shall conform to the approved wall fencing plan and approved landscape and irrigation plans. 83. All landscaping and irrigation shall be installed in accordance with approved plans. If the seasonal conditions do not permit planting, interim landscaping, and erosion control measures shall be utilized as approved by the Planning Department and the Public Works Department. 84. A licensed landscape architect shall provide a Compliance Letter to the Planning Department and the Public Works Department stating that the landscape and irrigation system has been installed in compliance with the approved landscaping and irrigation plans, Municipal Code and conditions of approval. The Compliance Letter shall be submitted at least three (3) working days prior to any final building inspection or issuance of any occupancy permits, whichever occurs first. 85. All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by a City field inspection and applicable fees paid at the direction of the Planning Department. 86. All driveways shall be concrete paved. 87. Access roads, street improvements, all agency requirements, parking areas and security lighting shall be constructed in accordance with approved improvement plans and specifications. 88. Clearance shall be obtained from the Beaumont Fire Department, and all fire protection improvements shall be in place as approved by the Fire Chief. PUBLIC WORKS CONDITIONS GENERAL The following is a non-inclusive list of items that may be required by the Public Works Department: A. Plans:  Recorded Parcel Map 37366  Final Map Page 74 Item No.3. Tentative Tract Map No. 37698 (TM2019-0006) Conditions of Approval Page 16  Street Improvement Plan  Street Light Plan  Landscape Plan offsite  Rough Grading Plan  Precise Grading Plan  Erosion Control Plan  Retaining wall Plan (for line and grade only)  Sewer Improvement Plan  Sewer Lift Station and Forced Main Plan  BCVWD Water Improvement Plan  Storm drain Improvement Plans  Traffic Control Plan B. Reports & Studies:  Traffic Impact Analysis (TIA)- TIA used for EIR is acceptable  Soils Investigation Report  Pad Certification  Stormwater Pollution Prevention Plan (SWPPP)  Hydrology and Hydraulics Report  Preliminary Water Quality Management Plan (P-WQMP)- (P-WQMP submitted and approved)  Final Water Quality Management Plan (F-WQMP)  Offsite Improvement Engineer’s Cost Estimate (ECE) C. Permits and agreements:  CWA Section 401 Certification to Protect Wetlands (401 Certification)  CWA Section 404 Permit (404 Permit)  Fish and Game Code section 1602 (Streambed Alteration Agreement  Permission to Grade and Construction agreements  WQMP Covenant and Agreement  City Grading Permit  City Dirt Haul Permit  City Encroachment Permit  County Encroachment Permit Page 75 Item No.3. Tentative Tract Map No. 37698 (TM2019-0006) Conditions of Approval Page 17  Subdivision Improvement Agreement  Performance Bond  Labor & Material Bond  Survey Monument Bond  Maintenance Bond  Homeowners Association Covenants, Conditions and Restrictions (CC&Rs) 89. The design of public infrastructure elements shall conform to the requirements of the City’s General Plan, Water Quality Management Plan, Master Plans, City of Beaumont Standards, Riverside County Transportation Department (RCTD) Road Improvement Standards & Specification, Caltrans Standard Specifications and the Standard Specifications for Public Works Construction, current edition. 90. The design of private site improvements and grading work outside of road right of way shall conform to the latest edition of California Building Code (CBC) and the City of Beaumont standards and practices. 91. All required plans and studies shall be prepared by a Registered Professional Engineer, Registered Professional Geologist or Registered Professional Surveyor in the State o f California, and submitted to the Public Works Department for review and approval. 92. Applicant shall coordinate with affected utility companies and obtain any permits as necessary for the development of this project. 93. The Applicant is responsible for resolving any conflicts with existing or proposed easements. All easement(s) of record and proposed easements shall be shown on the final map, grading plan and improvement plans, where applicable. 94. The Applicant shall obtain an Encroachment Permit, as required from the appropriate agency, for all work within the public right-of-way. 95. Where survey monuments exist, such monuments shall be protected or shall be referenced and reset, pursuant to Business and Professions Code, Sections 8700 to 8805 (Land Surveyors Act). 96. Projects with multiple phases shall submit a plan clearly showing the public improvements to be constructed with each phase of the project. Public improvements identified shall be constructed to the satisfaction of the Public Works Director prior to issuance of the 1st certificate of occupancy (COO) for that phase. Page 76 Item No.3. Tentative Tract Map No. 37698 (TM2019-0006) Conditions of Approval Page 18 97. The Applicant shall submit a copy of Covenants, Conditions and Restrictions (CC&Rs) to the city for conformance review. The CC&Rs shall be enforceable by the Homeowners Association (HOA), shall not be amended without City approval, shall require maintenance of all property in a good condition, and be in accordance with all City Ordinances. 98. The HOA shall be responsible for operating and maintaining all stormwater basins, water quality basins, parkway landscaping and private open space constructed as part of this project, unless otherwise approved by the Planning and Public Works Department. MAPPING 99. PRIOR TO OBTAINING ANY BUILDING PERMIT: The final map must be recorded. 100. PRIOR TO MAP RECORDATION: Parcel Map No. 37366 shall be approved and recorded. 101. PRIOR TO MAP RECORDATION: the following plans shall be approved by the City and applicable agencies: A. Street Improvement Plan B. Signing and Striping Plan C. Street Light Plan D. Storm Drain Improvement Plan E. Final WQMP F. Sewer Improvement Plan G. Lift Station Improvement Plan H. Force Main Improvement Plan I. Water Improvement Plan 102. PRIOR TO FINAL MAP RECORDATION: The applicant shall prepare the map in accordance with the City of Beaumont Municipal Code, General Plan, Specific Plan, and standards; Riverside County Transportation Department (RCTD) Road Improvement Standards & Specification; Riverside County Ordinance 460; and RCTD Map Preparation Manual. Page 77 Item No.3. Tentative Tract Map No. 37698 (TM2019-0006) Conditions of Approval Page 19 103. PRIOR TO FINAL MAP RECORDATION: The applicant shall pay all applicable fees consisting of, but not be limited to, area drainage fee; bridge and major thoroughfare fees. Per the Municipal Code, certain fees may be delayed to building permit issuance. 104. PRIOR TO FINAL MAP RECORDATION: The applicant shall prepare and fully execute a Subdivision Improvement Agreement (SIA) with the City (On City approved format and forms). If the final map and/or improvements will be phased, an SIA will be required for each phase. 105. PRIOR TO FINAL MAP RECORDATION: The applicant shall provide securities guaranteeing the payment of the cost for all public improvements. The securities shall include Faithful Performance and labor and materials for 100% of the approved Engineer’s Cost Estimate (ECE). 106. PRIOR TO FINAL MAP RECORDATION: The Applicant shall comply with Government Code Section 66436(a)(3) before approval of the final map and shall provide “no objection” letters from all public entities or utilities. 107. PRIOR TO FINAL MAP RECORDATION: When changes to an approved Tentative Map are proposed, a Substantial Compliance Exhibit, in the same scale as the Tentative Map, shall be submitted for review and approval by the Public Works Director. 108. PRIOR TO FINAL MAP RECORDATION: Monuments shall be provided in accordance with Section 8771 of the Business and Professions Code. Cross-ties shall be set in top of curbs and tie sheets shall be submitted to the Public Works Department. Per the Subdivision Map Act, Section 66496, internal monuments may be set at a later date if the applicant furnishes security guaranteeing the payment of the cost of setting such monuments. 109. PRIOR TO FINAL MAP RECORDATION: The applicant shall provide an easement to, over and across all private water quality, stormwater and drainage basins, to be dedicated to the City, for ingress, egress and right to inspect. The City will not maintain any basin unless expressly stated in writing by the Public Works Director. 110. PRIOR TO FINAL MAP RECORDATION: The applicant shall show all right-of-way dedications necessary for the construction of all streets, on the Final Map, including but not limited to: A. All interior streets, as shown on Tentative Map No. 37698 dated October 2019, show a full-width dimension of 50-feet right-of-way to right-of-way (50-feet R/W width). The Page 78 Item No.3. Tentative Tract Map No. 37698 (TM2019-0006) Conditions of Approval Page 20 interior streets are based on the adopted Specific Plan and not a City standard. Therefore, the applicant shall be conditioned to construct the typical sections as shown on said tentative map and adopted Specific Plan. The Applicant shall verify that the appropriate right-of-way exist and/or the Applicant shall dedicate all additional right- of-way necessary to achieve the required 50-feet full-width. B. The applicant shall dedicate on the final map, a five foot (5’) public utility easement (PUE) coincident with the interior right-of-way, each side of a typical street. 111. PRIOR TO FINAL MAP RECORDATION: The right-of-way corner cutback shall be established per RCTD std. 805 as follows: Along a straight line projected from the intersection of the radial line passing through the beginning of the curb return, and the corresponding right-of-way line to the intersection of the radial line, passing through the end of the curb return at the corresponding right-of-way line, or as directed by the Engineering Department. A. The applicant has requested a deviation from std. 805 for various locations. The deviations will be accepted, as currently shown on the tentative map. The applicant is still required to meet all ADA requirements and no public improvement shall encroach into private property. 112. PRIOR TO FINAL MAP RECORDATION: The Applicant, at its sole expense, shall obtain all right-of-way or easement acquisitions necessary to implement any portion or condition of this map, including public improvements; off-site grading & construction; offsite street requirements; offsite sewer requirements; storm drain improvements; or any other requirement or condition, prior to the City’s consideration of the final map. 113. PRIOR TO FINAL MAP RECORDATION: The Applicant shall show all drainage, landscaping, open space or other non-residential use lots, as lettered lots on the final map. 114. PRIOR TO FINAL MAP RECORDATION: The Applicant shall provide all agreements for permission to construction and grade for all applicable offsite areas that currently do not have a recorded easement. STREET IMPROVEMENTS 115. PRIOR TO ISSUANCE OF AN ENCROACHMENT PERMIT: The applicant shall prepare the Street Improvement plan, Signing and Striping plan, and Street Light Plan in accordance with the City of Beaumont Municipal Code, General Plan, Specific Plan, and standards; Riverside County Transportation Department (RCTD) Road Improvement Page 79 Item No.3. Tentative Tract Map No. 37698 (TM2019-0006) Conditions of Approval Page 21 Standards & Specification (Ordinance 461); Riverside County Ordinance 460; and California M.U.T.C.D. 116. PRIOR TO ISSUANCE OF ENCROACHMENT OR GRADING PERMIT: The Applicant shall coordinate the design of any public infrastructure that encroaches within the County right-of-way. Written approval shall be provided to the Public Works Department. 117. PRIOR TO ISSUANCE OF AN ENCROACHMENT PERMIT: The Applicant shall submit a Construction Traffic Management Plan per the California M.U.T.C.D., for review and approval by the Public Works Director. 118. PRIOR TO ISSUANCE OF AN ENCROACHMENT PERMIT: The applicant shall analyze the turning radii for impact to the maneuverability of fire apparatus and demonstrate adequate clearance. Any deficiencies will need to be identified and discussed with the Public Works Director. 119. PRIOR TO ISSUANCE OF 1st OCCUPANCY PERMIT (COO): The Applicant shall replace any sidewalk, curb and gutter, drive approach, AC pavement or other improvement damaged during construction as determined necessary by the Public Works Director. If the improvements are phase, the condition is applicable to the 1st COO of the corresponding phase. TUKWET CANYON PARKWAY (DIVIDED COLLECTOR 78’ R/W) 120. PRIOR TO ISSUANCE OF 1st OCCUPANCY PERMIT (COO): The Applicant shall construct full-width improvements for Tukwet Canyon Parkway, coincident with the tract boundary and from the tract boundary to Oak Valley Parkway, continuous and inclusive of all intersections. The applicant shall secure all right-of-way necessary by separate instrument. If the improvements are constructed by others, this condition, or portions of, will not be applicable. The improvements shall include: A. 6” Curb and Gutter per RCTD std. 200 @ 28-feet from street centerline, each side. Curb height may be increased to mitigate the 10-year storm event, as directed by the Public Works Director; B. Sidewalks shall be curb-adjacent type per RCTD std. 401 and the adopted specific plan, unless otherwise directed by the Planning Department; C. 14’ wide raised median shall be per RCTD std. 113. Page 80 Item No.3. Tentative Tract Map No. 37698 (TM2019-0006) Conditions of Approval Page 22 D. Street structural sections shall be designed with a Traffic Index per soils recommendations (7.0 minimum). Preliminary soils investigations shall be used by the Engineer to determine an appropriate R-value and the pavement and base thickness based on the established Traffic Index. In no case shall the minimum pavement section be less than 4” AC/6” AB. E. Tukwet Canyon Parkway shall be designated as a weight restricted road. The Applicant shall install signs with a weight restriction provided by the Public Works Director at the time of construction. STREETS “A”, “B”, “C”, “D”, “E”, “F” & “G” 121. PRIOR TO ISSUANCE OF 1st OCCUPANCY PERMIT (COO): The Applicant shall construct full-width improvements for Streets “A”, “B”, “C”, “D”, “E”, “F” & “G” per the alignment shown on said tentative map. The improvements shall include: A. 6” Curb and Gutter per RCTD std. 200 @ 18-feet from street centerline, each side. Curb height may be increased to mitigate the 10-year storm event, as directed by the Public Works Director; B. Sidewalks shall be curb-adjacent type per RCTD std. 401 and the adopted specific plan, unless otherwise directed by the Planning Department; C. Street structural sections shall be designed with a Traffic Index per soil engineer’s recommendations (5.5 minimum). Preliminary soils investigations shall be used by the Engineer to determine an appropriate R-value and the pavement and base thickness based on the established Traffic Index. In no case shall the minimum pavement section be less than 4” AC/6” AB. GRADING AND DRAINAGE 122. PRIOR TO ISSUANCE OF A GRADING PERMIT: The applicant shall prepare the grading plans in accordance with the City of Beaumont Municipal Code, General Plan, Specific Plan, and standards; California Building Code (current edition); and recommendations of a soil engineer. 123. PRIOR TO ISSUANCE OF A GRADING PERMIT: The applicant shall obtain a National Pollutant Discharge Elimination System (NPDES) Construction General Permit for stormwater discharges associated with construction activities as required by the California Water Resources Control Board. Page 81 Item No.3. Tentative Tract Map No. 37698 (TM2019-0006) Conditions of Approval Page 23 124. PRIOR TO ISSUANCE OF A GRADING PERMIT: A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared and submitted to the California Water Resources Control Board. The developer shall be responsible for implementation, monitoring, operation, and maintenance of the SWPPP until all improvements have been accepted by Public Works Department or construction is complete, whichever is later. 125. PRIOR TO ISSUANCE OF A GRADING PERMIT: A copy of the Notice of Intent (NOI) and Waste Discharge Identification (WDID) number from the State Water Resources Control Board shall be provided to the Public Works Department. 126. PRIOR TO ISSUANCE OF GRADING PERMIT: As part of the Grading Plan Submittal Application, the Applicant shall submit for review and approval, a Final Drainage Report. The Final Drainage Report be in substantial conformance with the approved preliminary drainage report. The project shall: A. Follow the general guidelines set forth by Riverside County Flood Control and Water Conservation District’s (RCFC&WCD) Hydrology Manual. B. Design all conveyances to handle the peak flow from a 100-year event. C. Examine the 10-year and 100-year storm events utilizing the RCFC&WCD rational method. The 10-year storm flow shall not exceed the top of curb depth. 100-year storm flow shall not exceed the right-of-way line. If the 10-year storm flow exceeds the top of curb depth, underground storm drain facilities will be required; D. Examine the 2, 10 and 100-year storm frequencies in combination with the 1,3,6 and 24-hour storm durations utilizing the RCFC&WCD synthetic unit hydrograph method; E. Mitigate for increased runoff by directing drainage to a downstream facility that has sufficient capacity or mitigate the increased runoff onsite. 127. PRIOR TO ISSUANCE OF GRADING PERMIT: The applicant shall submit for review and approval, a rough grading plan. The grading design shall incorporate the following: A. conform to the standards of the latest edition of the California Building Code (CBC) and the Beaumont Municipal Code; B. Setbacks for cut/fill slopes from the property line shall be in accordance with the CBC; C. Lots shall be designed and graded to drain to abutting street, on which the driveway for the respective lot will occur. No lot shall drain onto adjacent properties. Drainage devices shall be required to convey storm water from lot onto abutting street. Curb cores shall be required for onsite lot drainage to discharge out into abutting street; Page 82 Item No.3. Tentative Tract Map No. 37698 (TM2019-0006) Conditions of Approval Page 24 D. Building foundation clearance requirements for top of slope and toe of slope shall conform to (Chapter 18 – Soils and Foundations) of the latest edition of the California Building Code; E. Design the site to adequately intercept and convey all off-site run-on through the site and discharge in a manner which will not increase damage, hazard, or liability to adjacent or downstream properties; 128. ADVISORY CONDITION: The project has several proposed slopes with a height close to 30 feet. Slope in excess of 30 feet will not be permitted in the field. 129. PRIOR TO ISSUANCE OF GRADING PERMIT: The Applicant shall design the extended detention basin per the Riverside Flood Control District, LID manual and include the following: A. An access road that allows easy access to the bottom of the basin for maintenance; B. An emergency overflow weir or spillway; C. Drain within 72 hours or otherwise comply with relevant standards for vector control. If the 72-hour limit cannot be reached, the applicant shall implement other features to meet the requirement. This may include dry-wells, underdrain, larger surface area, etc as approved by the Public Works Director; D. Security fencing along the perimeter of the basin w/ appropriate signage; E. Fire Department Rapid Entry System; F. Access from public right-of-way. 130. PRIOR TO ISSUANCE OF GRADING PERMIT: The Applicant shall adhere to all Federal Emergency Management Agency (FEMA) regulations and requirements in the event that existing drainage patterns are affected by this development. The applicant shall submit to the City of Beaumont and to any governing Federal agency for review and approval, all necessary calculations. 131. PRIOR TO ISSUANCE OF GRADING PERMIT: The applicant shall submit for review and approval, a soils/ geology report. 132. PRIOR TO ISSUANCE OF GRADING PERMIT: The applicant shall submit for review and approval, an Erosion Control Plan that addresses Site Construction BMPs. 133. PRIOR TO ISSUANCE OF GRADING PERMIT: The applicant shall submit for review and approval, a Final WQMP (F-WQMP). The F-WQMP shall be in substantial conformance with the approved preliminary Project-Specific WQMP and the document Page 83 Item No.3. Tentative Tract Map No. 37698 (TM2019-0006) Conditions of Approval Page 25 “Water Quality Management Plan – A Guidance Document for the Santa Ana Region of Riverside County,” dated October 2012 (Guidance Document) 134. PRIOR TO ISSUANCE OF GRADING PERMIT: The Applicant shall record a “Covenant and Agreement” with the County Recorder, or other instrument acceptable to the City, to inform future property owners of the requirement to implement the approved project-specific WQMP for each parcel. 135. PRIOR TO ISSUANCE OF GRADING PERMIT: The Applicant shall obtain all permits and approvals from all regulatory agencies with jurisdiction over any portion of this project. Potentially including, but not limited to: Riverside County Flood Control, State Department of Fish and Game, State Water Resource Control Board and US Army Corps of Engineers. 136. CONCURRENT WITH GRADING OPERATIONS: Any grading and/or utility excavations and backfilling, both on and off site, shall be done under the continuous direction of a licensed geotechnical/civil engineer who shall obtain all required permits and submit reports on progress and test results to the Public Works Director for review and approval as determined by the City. Upon completion of all soils related work, the geotechnical engineer shall submit a final report to the Public Works Director for review and approval, which may require additional tests at the expense of the applicant. 137. CONCURRENT WITH GRADING OPERATIONS: The Applicant shall construct temporary drainage facilities and erosion control measures to minimize erosion and silt deposition. 138. PRIOR TO FOUNDATION TRENCHING: The applicant shall submit a soil compaction report to the City for review and approval. 139. PRIOR TO OBTAINING ANY BUILDING PERMIT: The applicant shall submit pad certifications letters and pad compaction reports to the City for review and Approval. STORM DRAIN IMPROVEMENTS 140. PRIOR TO ISSUANCE OF AN ENCROACHMENT PERMIT: The applicant shall design the storm drain system and facilities in accordance with Beaumont Municipal Code, General Plan, Specific Plan, and Standards; the Riverside County Flood Control District standards; hydrology manual; and Low Impact Development (LID) BMP Design Handbook. Page 84 Item No.3. Tentative Tract Map No. 37698 (TM2019-0006) Conditions of Approval Page 26 141. PRIOR TO ISSUANCE OF GRADING PERMIT: All storm drains, catch basins, and storm water structures shall be provided with trash capture devices that conform with the approved trash capture list issued by the State Water Board. 142. PRIOR TO ISSUANCE OF A GRADING PERMIT: The stormwater generated within the development shall be captured into appropriate drainage facilities. The stormwater shall be treated per the requirements of the approved P-WQMP. 143. PRIOR TO ISSUANCE OF 1st OCCUPANCY PERMIT (COO): The Applicant shall construct all storm drain facilities to accommodate WQMP requirements and Hydraulic Conditions of Concerns (HCOC) requirements. If the improvements are constructed by others, this condition, or portions of, will not be applicable. The improvements shall consist of: A. Storm drain network within the tract boundary; i. Including all catch basins and facilities necessary for the complete operation and conveyance of storm water and treated water. B. Storm drain network from the tract boundary to the Sorenstam Water Quality Basin; i. Including all catch basins and facilities necessary for the complete operation and conveyance of storm water and treated water. ii. Including all laterals, catch basins, manholes, junctions, transitions and other facilities within Tukwet. The applicant shall extend all future connections to outside Tukwet right-of-way and bulkhead as necessary. C. Sorenstam Water Quality Basin; iii. Basin shall be constructed with the same requirements as the extended detention basin. D. PRIOR TO ISSUANCE OF AN ENCROACHMENT PERMIT: The applicant shall secure all right-of-way and/or easements necessary for the complete construction and operation of all facilities. 144. PRIOR TO ISSUANCE OF 1st OCCUPANCY PERMIT (COO): All storm drains, catch basins, and storm water structures shall be provided with trash capture devices that conform with the approved trash capture list issued by the State Water Board. SEWER IMPROVEMENTS Page 85 Item No.3. Tentative Tract Map No. 37698 (TM2019-0006) Conditions of Approval Page 27 145. PRIOR TO ISSUANCE OF 1st OCCUPANCY PERMIT (COO): The sanitary sewer system shall be designed and constructed to collect and convey sewage to the City’s Upper Oak Valley Lift Station in accordance with the Master Sewer Plan and Beaumont Municipal Code, Eastern Municipal Water District (EMWD) standards, and as follows: A. The minimum pipe size for sewer shall be 8”; B. All sewer laterals from homes shall be connected to the sewer main in the street. C. Gravity sewer pipes 12” or less in diameter shall be designed to flow at a maximum depth of one-half of the pipe diameter. Sewer flow calculations shall be provided; D. Gravity sewer pipes 15” or larger shall be designed to flow at a maximum depth of three-quarters of the pipe diameter. Sewer flow calculations shall be provided; E. Sewer line locations shall follow the State Department of Health requirements for water line and sewer line separations both horizontally and vertically. If pertinent conditions do not allow for the required separations horizontally and vertically, the proposed separations shall be submitted to the Public Works Director for review and approval. 146. PRIOR TO ISSUANCE OF 1st OCCUPANCY PERMIT (COO): The Applicant shall design and construct the sewer network necessary for the complete operation of the sewer system which includes: A. The entire sewer system within the tract boundary; B. All necessary sewer mains that occur outside the tract boundary; C. Sewer lateral wyes along any of the mains constructed as part of this tract, for all future connections; D. Lift station; E. Forced main lines and gravity lines that will connect the lift station to the existing Upper Oak Valley lift station, and all necessary facilities. 147. PRIOR TO ISSUANCE OF 1st OCCUPANCY PERMIT (COO): The Applicant shall design and construct a sewer lift station and force main per EMWD standards. Redundant pumps and a bypass system for the lift station shall be incorporated into the design of the lift station. The applicant shall secure all right-of-way and/or easements necessary for the complete construction and operation of all facilities. If the improvements are constructed by others, this condition, or portions of, will not be applicable. 148. PRIOR TO ANY BUILDING PERMIT AND PRIOR TO CONNECTING TO A PUBLIC SEWERAGE SYSTEM: The applicant shall pay the sewage disposal facility charge (connection fee) for not less than 25 percent of the lots to which sewers are Page 86 Item No.3. Tentative Tract Map No. 37698 (TM2019-0006) Conditions of Approval Page 28 available before the connection to the City system is made and shall pay the charge for each additional lot thereafter upon building permit or connection for the respective lot(s). 149. ADVISORY CONDITION: The existing Mesa sewer lift station is currently (2020) being assessed for capacity as part of a citywide Master Sewer Plan update. It is anticipated that the existing lift station has some capacity for this development; however, the assessment will identify the available capacity. The City may elect to develop a Capital Improvement Project to increase capacity based on need, available funding and schedule. WATER IMPROVEMENTS 150. PRIOR TO FINAL MAP RECORDATION: The Applicant shall be responsible for obtaining potable water and reclaimed water for the development. 151. PRIOR TO ISSUANCE OF OCCUPANCY PERMIT (COO): The applicant shall comply with the requirements of the Beaumont Cherry Valley Water District. 152. PRIOR TO ISSUANCE OF OCCUPANCY PERMIT (COO): The applicant shall ensure all fire hydrants; air vacs and other above ground water facilities are placed outside of sidewalk areas. Water meter boxes and vaults, valve covers, etc. may be placed within sidewalks or paved areas provided such devices are set flush with the finished surfaces and are properly rated for chosen locations as approved by the Public Works Director. 153. PRIOR TO ISSUANCE OF OCCUPANCY PERMIT (COO): The applicant shall ensure that water line locations follow the State Department of Health requirements for water line and sewer line separations both horizontally and vertically. If pertinent conditions do not allow for the required separations horizontally and vertically, the proposed separations shall be submitted to the Public Works Director for review and approval. End of Conditions Page 87 Item No.3. 815551565354504946524847848582838687886859676061626364656644434241458079767877747572737169709091929394979899100101102103104108107106105161722181523202526192127241331241412910675811126125123124120121122118117119116113114115112111109BASIN31323534303629313233373940BASINPARKWATER QUALITY293028895738955811096LOT "N" LOT " K " LOT " I "LOT "N"LOT "M"LOT "P"LOT "H"LOT "J"LOT "L"LOT "O"STREET "A"STREET "A"STREET "G"STREET "C"STREET "E"STREET "F"STREET "B"STREET "D"STREET "B"TUKWETCANYONPARKWAYTENTATIVE TRACT NO. 37698ENGINEER / REPRESENTATIVEUTILITIESSCHOOL DISTRICTLEGAL DESCRIPTIONTOPOGRAPHY SOURCEVICINITY MAPARGENT MANAGEMENTOWNER/DEVELOPERBENCHMARK:DECEMBER 2019GENERAL NOTESTUKWET CANYON PARKWAY SITE LOCATIONPAGE 1 OF 1 PAGESTYPICALY 76' STREET SECTIONPROACTIVE ENGINEERINGCONSULTANTS WEST, INC.STREETS 50' SECTIONSTREET "A", "B", "C", "D" "E","F" AND "G"LEGEND:N.A.P.N.A.P.ZONING/LAND USE4TENTATIVE TRACT 3769756789101112133130TENTATIVE TRACT 37697CITY OF BEAUMONT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA"SINGLE FAMILY SUBDIVISION" LOT SUMMARY TABLESTREETS 50' SECTIONTYPICAL UTILITY LOCATIONPARCEL 1P.M. NO. 37366TTM NO. 3769613.51 AC.PARCEL 2P.M. NO. 37366TTM NO. 3769713.19 AC.PARCEL 3P.M. NO. 37366TTM NO. 3769822.09 AC.INDEX MAPT U C K W E T PROPOSED PER SF 14-2133 EXIS T I N G PER F I L E N O . 1 9 9 2 IMP R O V E M E N T S IMPROVEMENTS CAN Y O N PKWYSORENSTAM DRIVEOAK VALLEY PARKWAY³´ PA-26EARTHWORK QUANTITIESPage 88Item No.3. TTM37696, 37697 & 37698 General Plan General Plan Rural Residential Single-Family Residential Multi-Family Residential General Commercial Community Commercial Industrial Commercial Industrial Overlay Urban Village Overlay Beaumont Avenue Overlay Public Facilities Recreation and Conservation 12/2/2019 3:10:58 PM 0 0.25 0.50.13 mi 0 0.4 0.80.2 km 1:18,056 City of Beaumont Page 89 Item No.3. TTM37696, 37697 & 37698 Zoning Map Zoning Rural Residential Residential Single-Family Residential Multi-Family Specific Plan Area Commercial General Commercial Community Commercial Manufacturing Manufacturing Beaumont Avenue Overlay Mineral Resource Overlay Public Facilities 12/2/2019 3:09:24 PM 0 0.25 0.50.13 mi 0 0.4 0.80.2 km 1:18,056 City of Beaumont Page 90 Item No.3. *IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS Legend TTM37696, 37697 & 37698 Notes REPORT PRINTED ON...12/2/2019 9:46:42 AM Aerial Photograph 0 3,0321, 516 Feet County Centerline Names Blueline Streams World Street Map Page 91 Item No.3. Page 92Item No.3. The Press EnterpriseAdvertising Order Confirmation 10:29:27AM11/25/19 Page 1 Ad Order Number Customer 0011339334 BEAUMONT, CITY OF / LEGAL Payor Customer PO Number BEAUMONT, CITY OF / LEGAL Sales Representative Customer Account Payor Account Ordered By Nick Eller 5209298 5209298 Carole Kendrick Order Taker Customer Address Payor Address Customer Fax Nick Eller 550 E SIXTH ST 550 E SIXTH ST BEAUMONT, CA 92223 BEAUMONT, CA 92223 finance@beaumontca.gov951-769-8520951-769-8520Select Source Customer EMailPayor PhoneCustomer PhoneOrder Source Current Queue Invoice Text TTM 37698Ready Tear Sheets Affidavits Blind Box Materials Promo Type Special Pricing 0 0 Ad Number Production NotesProduction MethodAd AttributesProduction ColorColorAd Size AdBooker0011339334-01 3 X 45 Li External Ad Number Ad TypePick Up Released for Publication Legal Liner Product Run Dates # InsertsRequested Placement Requested Position PE Riverside:South 11/29/19PublicNotice Banning City Notices Ban - 1076~1 Page 93 Item No.3. Staff Report TO: Mayor, and City Council Members FROM: Carole Kendrick, Senior Planner DATE February 4, 2020 SUBJECT: Tentative Tract Map No. 37697 (TM2019-0007) for a Request to Subdivide 13.19 Acres into 73 Single Family Residential Lots With a Minimum Lot Size of 4,950 Square Feet and Eight (8) Lettered Lots Located Within Planning Area 25 of the Oak Valley Specific Plan (Fairway Canyon) on the East Side of Tukwet Canyon Parkway, North of San Timoteo Canyon Road and South of Champions Drive Background and Analysis: The applicant is requesting approval of a Tentative Tract Map No. 37697 (TM2019 - 0007) for the subdivision of 13.19 acres into 73 single family residential lots with a 4,950 square minimum lot size and eight (8) lettered lots. The project site is in the central portion Planning Area 25 of the Oak Valley Specific Plan commonly referred to as Fairway Canyon. Planning Area 25 is located north of San Timoteo Canyon Road, south of Champions Road and east of the extension of Tukwet Canyon Parkway. The Oak Valley SCPGA Specific Plan #318 encompassing 1,747.9 acres allowing 4,355 dwelling units was adopted by the County of Riverside on August 14, 2001. The property was annexed into the City of Beaumont on April 9, 2003 , by the Local Agency Formation Commission (LAFCO) by LAFCO 2002-43-5. The Oak Valley SCPGA Specific Plan includes the developments of Fairway Canyon and Tournament Hills. The subject property is located within the Fairway Canyon portion of the specific plan. Fairway Canyon has constructed Phase 1 and 2 of the development and is nearing completion of Phase 3. The subject property is located within Phase 4 of the development and more specifically in Planning Area 25, as shown in Exhibit F. The project was advertised and noticed for a public hearing with the Planning Commission on December 10, 2019, however the applicant and staff determined that a continuance was necessary in order to allow the parties to meet and discuss modifications to draft conditions of approval. The project team met with City staff on Page 94 Item No.4. December 18, 2019, which included representatives from the City Manager’s office, Public Works Department, Planning Department and Fire Department and resulted in modifications to the draft conditions of approval. The modifications includ ed updates to the ownership name, clarification on satisfied conditions, timing of fees and infrastructure requirements. On January 14, 2020, the Planning Commission conducted the continued public hearing for the proposed subdivision. No members of the public spoke regarding the project and the Planning Commission unanimously voted to forward a recommendation of approval to the City Council. Approval Authority: The Beaumont Municipal Code, Section 16.04.020 designates the Planning Commission as the “advisory agency” charged with reviewing and making recommendations on all proposed parcel map land divisions and tentative subdivision maps in the City. Section 16.24.050.A authorizes the Planning Commission to conditionally approval or disapprove all tentative parcel maps and tentative subdivision maps and land divisions and submit to the City Council for final approval. When a tentative map is required under the Subdivision Map Act (66463.5(a)), an approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval. The Subdivision Map Act does allow for up to four (4) years of extensions subject to approval by the original approving body, however the proposed subdivision is subject to the development agreement (City of Beaumont Resolution No. 1987-34) dated November 18, 2003, which has a term of 25 years (item 7 of the development agreement) and tentative tract maps shall be granted an extension of time for the term of the development agreement (item 33 of the development agreement). Therefore, the expiration date for the proposed subdivision is November 18, 2028. The project setting can also be seen in the following materials attached to this staff report: Page 95 Item No.4.  General Plan Land Use Map (Attachment C),  Zoning Map (Attachment D), and  Aerial Photograph (Attachment E). The 13.19-acre site is currently vacant. The property is located in an area which contains single family residences to the west, vacant land to the south and the Morongo Golf Club at Tukwet Canyon to the north and east of the subject property. The land uses, zoning, and general plan land use designations of the project site and surrounding areas are shown in the following table. LAND USE GENERAL PLAN ZONING PROJECT SITE Vacant Land Single Family Residential (SFR) Oak Valley Specific Plan (SPA) NORTH Golf Course Recreation Conservation (RC) Oak Valley Specific Plan (SPA) SOUTH Vacant Land Single Family Residential (SFR) Oak Valley Specific Plan (SPA) EAST Golf Course Recreation Conservation (RC) Oak Valley Specific Plan (SPA) WEST Single Family Residential Single Family Residential (SFR) Oak Valley Specific Plan (SPA) TTM37696 TTM37697 TTM37698 Page 96 Item No.4. Analysis: The proposed subdivision contains lots that range in size from 4,950 square feet to 10,214 square feet. The density for this subdivision is 5.5 dwelling units per acre. The lettered lots include the interior streets (Streets A through E). Lots F and H are open space lots that include slope areas located along the extension of Tukwet Canyon Parkway, the subdivision boundary and along several rear yards of the proposed subdivision. A 9,730 square park is proposed on Lot G on the southeast corner of Street D and Street E. Streets A through E are proposed to be dedicated to the City and Lots F through H will be dedicated to the homeowner’s association for future maintenance. Primary access to the subdivision is proposed as an extension of Tukwet Canyon Road. The proposed lots will front onto internal streets within the subdivision. The subject property drains from the northeast to the southwest and will discharge into the storm drain catch basins located on Street C that continues to Tukwet Canyon Road and travels south. The subject property is zoned Specific Plan (SPA). The proposed subdivision would be subject to various development standards in terms of lot width and depth as defined in the Oak Valley SCPGA Specific Plan. Staff has reviewed the pro posed subdivision and determined that it complies with the minimum development standards of the Planning Area 25 of the Oak Valley SCPGA Specific Plan Section III.B.28. The table below summarizes the required development standards. DEVELOPMENT STANDARDS REQUIRED PROPOSED MINUMUM PROPOSED AVERAGE Minimum Net Lot Area 3,800 sq. ft. 4,950 sq. ft. 5,673 sq. ft. Maximum Density 12.0 du/ac 5.5 du/ac 5.5 du/ac Minimum Lot Width (Average) 40 ft. 55 ft. 56 ft. Minimum Lot Depth (Average) 100 ft. 77 ft. 100 ft. Residential Design & Landscaping Standards: If approved, the applicant will be required to submit a minor plot plan application for review of architecture for all buildings with enhancements (shutters, flower boxes, stone veneer, etc.) and provide for trim around all openings. With regard to project Page 97 Item No.4. landscaping under this proposal, the applicant will be required to adhere to standards set forth under the Guide to California Friendly Landscaping, as well as the City’s landscaping ordinance that requires water efficient landscaping. Separate landscaping plans will be required as part of the conditions of approval by the applicant for staff review of all front-yard, slopes in excess of three feet, and open-space areas. Public Notice and Communications: Property owners located within a 300-foot radius of the project site were notified of the Planning Commission public hearing on November 29, 2019, with a 10-day hearing notice in addition to a public notice in the Press Enterprise newspaper (see Attachment G). The Planning Department has not received any letters of comment from the public as of the writing of this report. CEQA Review: From the standpoint of the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared and certified in 2001 for the Oak Valley SCPGA Specific Plan (Specific Plan No. 318) (SCH# 2000051126), with latest addendum of the EIR approved by City Council in 2014 (13-EIR-03), assessing the environmental impacts of the overall project and subsequent implementation steps, including subdivision of the site. The EIR and the findings made by the City Council remain pertinent and adequate for use for current application. Execution of this subdivision will require adherence to the mitigation monitoring program established for the project. Incorporated herein by Reference:  City of Beaumont General Plan,  City of Beaumont Zoning Ordinance,  Project Site’s Riverside Conservation Authority Multi-Species Habitat Conservation Plan Informational Map, and  Contents of City of Beaumont Planning Department Project File Tentative Tract Map No. 37696 (TM2019-0005), Tentative Tract Map No. 37698 (TM2019-0006), Tentative Tract Map No. 37697 (TM2019-0007), Tentative Parcel Map No. 37366 (PW2019-0387), LAFCO 2002-43-5, 02-ANX-02, Development Agreement dated November 18, 2003, Oak Valley SCPGA Specific Plan 318 and Environmental Impact Report 418. Page 98 Item No.4. Recommended Action: Approve Tentative Tract Map No. 37697 (TM2019-0007) subject to the Development Agreement and the attached conditions of approval. Attachments: A. Draft Conditions of Approval B. Tentative Tract Map No 37697 C. General Plan Land Use Designation Map D. Zoning Map E. Aerial Photograph F. Fairway Canyon Phasing Map G. Proof of Publication Page 99 Item No.4. CITY OF BEAUMONT PLANNING DEPARTMENT CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 37697 (TM2019-0007) APN: PORTION OF 413-790-020 TO SUBDIVIDE 13.19 ACRES INTO 73 SINGLE FAMILY RESIDENTIAL LOTS WITH A MINIMUM LOT SIZE OF 4,950 SQUARE FEET, AND EIGHT (8) LOTS WITH A PARK BASINS AND LANDSCAPING LOCATED WITHIN PLANNING AREA 25 OF THE OAK VALLEY SPECIFIC PLAN. Note: Any conditions revised at a hearing will be noted by strikeout (for deletions) and/or underline (for additions), and any newly added conditions will be added at the end of all conditions regardless of the Department originating the condition. STANDARD CONDITIONS The following conditions of approval are for Tentative Tract Map No. 37697 and consist of all subsequent conditions and all conditions of approval for the Oak Valley Specific Plan (SP No. 318) and the Mitigation Monitoring and Reporting Plan. 1. The subdivider shall defend, indemnify, and hold harmless the City of Beaumont, its agents, officers, and employees from any claim, action, or proceeding against the City of Beaumont, its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Beaumont, its advisory agencies, appeal boards, or legislative body concerning TENTATIVE TRACT MAP NO. 37697 and the Environmental Impact Report certified by the Beaumont City Council in conjunction with the SCGPA Golf Course at Oak Valley Specific Plan, which action is brought within the time period provided for in California Government Code, Section 66499.37. The City of Beaumont will promptly notify the subdivider of any such claim, action, or proceeding against the City of Beaumont and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Beaumont 2. The subdivision shall comply with the State of California Subdivision Map Act and to all the pertinent requirements of The Beaumont Municipal Code, unless modified by the conditions listed below. 3. This conditionally approved tentative map will expire on November 18, 2028 per 3.3 of the Development Agreement between the City of Beaumont and SDC Fairway Canyon Planning Commission Recommendation: 1.14.20 City Council Approval: DRAFT Page 100 Item No.4. Draft Tentative Tract Map No. 37697 (TM2019-0007) Conditions of Approval Page 2 LLC, a Delaware limited liability company. Action on a minor change and/or revised map request will not extend the time limits of the tentative map. Approval of the final map by the City Council is required. 4. If required by the Planning Department, within ten (10) da ys of approval by the City Council ten (10) copies of an Amended Per Final Conditions map shall be submitted to and approved by the Planning Department prior to release of the final conditions of approval. 5. Any subsequent review/approvals required by the conditions of approval, including but not limited to grading, landscaping, plot plan and/or building plan review, shall be reviewed on an hourly basis based on, or such fee as may be in effect at the time of submittal. 6. The subdivider shall be fully responsible for maintenance and upkeep of any and all slopes, landscaped areas, open space areas, future development areas and irrigation systems until such time as maintenance responsibilities are assumed by other as approved by the Planning Department. 7. The properties contained within Tentative Tract Map 37697 are part of the SCPGA Golf Course at Oak Valley Specific Plan Specific Plan, approved originally by the Beaumont City Council on November 5, 2002 and later amended in 2004, 2005, and 2014. The provisions and criteria of the SCPAGA Golf Course at Oak Valley Specific Plan shall control and guide the development of Tentative Tract Map 37697. 8. An Environmental Impact Report EIR was prepared and certified for the SCPGA Golf Course at Oak Valley Specific Plan Specific Plan, Addendum(s) were prepared for the subsequent amendment and a series of mitigation measures were adopted by the City Council to mitigate the potential impacts of the project. All of the mitigation measures set forth in the subject environmental document are herewith established as conditions of approval for Tentative Tract No. 37697. 9. Execution of the project will necessitate the conducting of mitigation monitoring by the City to ensure that all the mitigation measures set forth in the Environmental Impact Report and Addendum are systematically implemented. The subdivider shall fund the mitigation monitoring requirements by paying an amount equal to the City’s actual contracting cost for such services, plus a 20 percent administrative charge. 10. Tentative Tract No. 37697 has been found to be substantially in conformance with the Oak Valley PGA Specific Plan. Page 101 Item No.4. Draft Tentative Tract Map No. 37697 (TM2019-0007) Conditions of Approval Page 3 11. The approval of this map shall not result in any vesting provisions relative to City of Beaumont fees and exactions. The provisions of the Development Agreement shall prevail in all cases. BUILDING DEPARTMENT CONDITIONS 12. It shall be unlawful for any person to engage in or permit the generation of noise related to landscape maintenance, construction including erection, excavation, demolition, alteration or repair of any structure or improvement, at such sound levels, as measured at the property line of the nearest adjacent occupied property, as to be in excess of the sound levels permitted under Chapter 9 of the Municipal Code, at other times than between the hours of 7:00 a.m. and 6:00 p.m. The person engaged in such activity is hereby permitted to exceed sound levels otherwise set forth in this Chapter for the duration of the activity during the above described hours for purposes of construction. However, nothing contained herein shall permit any person to cause sound levels to at any time exceed 55 dB(A) for intervals of more than 15 minutes per hour as measured in the interior of the nearest occupied residence or school. FIRE DEPARTMENT CONDITIONS 13. Underground fire line plans shall be submitted to the fire department, for review and approval for fire hydrant spacing and type prior to signing Mylar’s. 14. Provide a title block on the set of Mylar’s saying, ‘Riverside County Fire Department’. 15. All residential homes shall have fire sprinklers. Plans shall be submitted to the fire department for review and approval prior to installation. 16. More than one road is required if it is determined that access by a single road may be insufficient due to terrain, location, travel distance, potential fire or life safety hazards, or other factors that could limit access or if vehicle congestion, or weather conditions could impair access points. CFC 2013. 17. Supplementary access points shall be located to facilitate evacuation and emergency operations and minimize congestion or obstruction during an emergency incident. 18. Industry standards: A minimum of two vehicle access points is required for any development containing 150 or more residential units. 19. 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.” RVC Ord-787.7 Page 102 Item No.4. Draft Tentative Tract Map No. 37697 (TM2019-0007) Conditions of Approval Page 4 20. The fire code official has reviewed the revisions for this project, and shall require additional access points, and to provide main street artery’s for emergency vehicle ingress and egress. This will help support an evacuation during an emergency operation and would be required to help emergency vehicle faster response times. 21. Due to the number of residential homes that are being built within the project, a fire station is needed in this area. The payment of the fire station impact fee shall meet the requirements of this condition. Community Facilities District No. 93-1 dated November 2, 2004 includes Exhibit E – Fee Credit Table that indicates that Fire Station – Critical and Joint Facilities fees were paid for 3,387.28 dwelling units at a rate of $181.00 per dwelling unit for a total of $613,097.68, therefore the condition has been satisfied. STANDARD CONDITIONS: With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with City of Beaumont/Riverside County Ordinances and/or recognize fire protection standards: 22. FIRE FINAL - and life safety conditions will be addressed when the Fire Prevention Bureau reviews building plans. These conditions will be based on occupancy, use, California Building Code, California Fire Code, and other related codes which are in force at the time of building plan submittal. 23. FIRE FLOW REQUIREMENTS - The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix B, Table B105.1. The applicant/developer shall provide documentation to show that a water system exists and is capable of delivering 1,000 GPM for 2 hour(s) for duration at 20-PSI residual operating pressure must be available before any combus tible material is placed on the job site. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. Specific requirements for the project will be determined at time of submittal. California Fire Code 2010. 24. SUPER FIRE HYDRANTS - Industrial, Commercial, Multi-family, Apartment, Condominium, Townhouse or Mobile Home Parks. A combination of on-site and off- site super fire hydrants (6" x 4" x 2 – 2 1/2") shall be located not less than 25 feet or more than 200 feet from any portion of the building as measured along approved emergency vehicular travel ways, and spaced no more than the required spacing per Appendix C, table C105.1 in feet apart in any direction. The fire flow shall be available from any adjacent fire hydrant(s) in the system. CFC Chapter 5, section 503.1.1 and Appendix B table – B105.1. Page 103 Item No.4. Draft Tentative Tract Map No. 37697 (TM2019-0007) Conditions of Approval Page 5 25. ALL WEATHER ACCESS ROAD - Prior to construction and issuance of building permits, all locations where structures are to be built shall have an approved fire department emergency vehicular access road (all weather surface) capable of sustaining an imposed load of 80,000 lbs. Road shall be provided prior to construction, based on street standards approved by the Public Works Director and the Fire Prevention Bureau. CFC Chapter 5, section 503.2.3. 26. 24 FOOT WIDTH, 15 FOOT VERTICAL - Prior to construction and issuance of building permits, fire apparatus access roads shall have an unobstructed width of not less than 24 feet or as approved by the Fire Prevention Bureau and an unobstructed vertical clearance of not less than 15 feet. CFC Chapter 5, section 503.2.1 & RVC Fire Ordinance 787.6. 27. 15 % GRADE - Prior to construction, all roads, driveways and private roads shall not exceed 15 percent grade. Add: Grade transitions shall not exceed Riverside County Fire Department apparatus maximum approach and departure angles as determined by the Fire Chief. RVC Fire Ordinance # 787.6 CFC Chapter 5, section 503.2.7. 28. PHASING - If construction is phased, each phase shall provide an approved emergency vehicular access for fire protection prior to any building construction. CFC Chapter 5, section 501.4. 29. DEAD ENDS - Prior to building construction, dead end roadways and streets which have not been completed shall have a turnaround capable of accommodating fire apparatus. CFC Chapter 5, section 503.2.5. 30. U/G WATER PLANS - Prior to issuance of permits, the applicant/developer shall furnish (3) copies of the water system plans to the Fire Prevention Bureau for review. Plans shall be in accordance with Appendix B and Appendix C and section 508.1 of the CFC 2010:  Signed by a registered civil engineer or certified fire protection engineer.  Contain a Fire Prevention Bureau approval signature block.  Conform to hydrant type, location, spacing of new and existing hydrants, and a minimum fire flow required as determined by the Fire Prevention Bureau.  The post indicator valve and fire department connection shall be located to the front access side of buildings, fully visible and recognizable from the street or nearest point of fire department vehicle access, and within 200 feet of an approved fire hydrant, and within 50 of an approved roadway or driveway or otherwise approved by the Fire Chief.  Guard posts or other approved means may be required to protect fire department inlet connections from vehicular damage. RVC Fire Ordinance 787.6 section 912.2.1.  After the local water company signs the plans, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system, including fire Page 104 Item No.4. Draft Tentative Tract Map No. 37697 (TM2019-0007) Conditions of Approval Page 6 hydrants shall be installed, and made serviceable prior to and during the time of construction, and accepted by the City of Beaumont Fire Prevention Bureau. CFC Chapter 5, 508, and the National Fire Protection Association 24 sec 1-4.1.  Existing fire hydrants on public streets are allowed to be available. Existing fire hydrants on adjacent properties shall not be considered available unless fire apparatus access roads extend between properties and easements are established to prevent obstruction of such roads. CFC, Appendix A, & B and NFPA 24 section1-4.1. 31. BLUE DOT REFLECTOR - Prior to issuance of Certificate of Occupancy or building final, “Blue Reflective Markers” shall be installed on private streets, public streets, and driveways to identify fire hydrant locations in accordance with City & RVC Fire Ordinance 787.6 specifications. 32. RESIDENTIAL NUMBERS - Prior to issuance of Certificate of Occupancy or building final, all residential dwellings shall display street numbers in a prominent location on the street side of the residence in such a position that the numbers are easily visible to approaching emergency vehicles. The numerals shall be not less than four (4) inches in height. CFC Chapter 5, section 505.1. 33. ROOFING - Prior to Certificate of Occupancy or building final, all structures shall have fire retardant roofing materials (Class A & B roofs) as described in section 1504 of the CBC. 34. PAVED ACCESS- - Prior to issuance of the building permit for development, independent paved access to the nearest paved road, maintained by the City shall be designed and constructed by the developer within the public right of way in accordance with City Standards. 35. ANGLE APPROACH - The angle of approach and departure for any means of Fire Department access shall not exceed 1-foot drop in 20 feet, and the design limitations of the fire apparatus of the fire department shall be subject to approval by the AHJ. CFC Chapter 5, section 503.2.7. 36. FIRE SPRINKLERS - Prior to issuance of Certificate of Occupancy or building final, the applicant/developer shall install a fire sprinkler system based on square footage and type of construction, occupancy or use. Fire sprinkler plans (3) sets shall be submitted to the Fire Prevention Bureau for approval prior to installation. No person shall remove or modify any fire protection system installed or maintained under the provisions of the California Fire Code without the approval by the Fire Chief. A Licensed C-16 contractor shall do all the work and/or certification. CFC Chapter 9, section 901.3.1, 903.1 & CBC Chapter 9, section 903.1.1. Page 105 Item No.4. Draft Tentative Tract Map No. 37697 (TM2019-0007) Conditions of Approval Page 7 37. SAFETY PRECAUTIONS - Approval of the safety precautions for buildings being constructed, altered or demolished shall be required by the Fire Chief in addition to other approvals for specific operations or processes associated with such construction, alteration or demolition. Structure, facilities and conditions which in the opinion of the fire code official, constitute a distinct hazard to life or property. The fire code official is authorized to order the posting of signs in a conspicuous location in each structure. The posting of signs shall not be obscured, removed, defaced, mutilated, or destroyed. 38. FIRE DEPARTMENT INSPECTION APPROVAL - Construction or work for which the Fire Prevention Bureau’s approval is required shall be subject to inspection by the Fire Chief and such construction or work shall remain accessible and exposed for inspection purposes until approved. 39. AUTHORITY TO INSPECT - The Fire Prevention Bureau shall maintain the authority to inspect as often as necessary for buildings and premises, including such other hazards or appliances designated by the Fire Chief for the purpose of ascertaining and causing to be corrected any conditions which would reasonably tend to cause fire or contribute to its spread, or any violation of the purpose or provisions of this code and of any other law or standard affecting fire safety. 40. ALTERATIONS - Any alterations, demolitions, or change in design, occupancy and use of buildings or site will require plan submittal to the Fire Prevention Bureau with review and approval prior to installation. 41. MEDIAN CROSSOVERS - Prior to Certificate of Occupancy all locations where medians are constructed and prohibit vehicular ingress/egress into or away from the site, provisions must be made to construct a median-crossover at all locations determined by the Fire Chief and the Public Works Director. Prior to the construction, design plans will be submitted for review and approval by the Public Works Director. 42. GATES – All exterior security/emergency access gates shall be electronically operated and be provided with a Knox key switch for access by emergency personnel, that includes the Police Department's "E" key. Contact Beaumont Police Department at 951-769-8500 for any questions. Gate entrances shall be at least two feet wider than the width of the traffic lane (s) serving that gate. Any gate providing access from a road to a driveway shall be located at least 35 feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 40-foot turning radius will be required. CFC Chapter 5, section 503.6. Page 106 Item No.4. Draft Tentative Tract Map No. 37697 (TM2019-0007) Conditions of Approval Page 8 43. KNOX SWITCH - Gate (s) shall be opened by a Fire Department Knox Switch, and all gates shall be a minimum of 24 feet in width. Automatic gates shall be equipped with emergency backup power. 44. MULTI-FAMILY RESIDENCE - Prior to issuance of Certificate of Occupancy or building final, all multi-family residences shall display the address in a visible location on the street side of the building and shall be clearly distinguishable from the fire apparatus access road. The building numerals shall be a minimum of twelve (12) inches in height and individual dwelling units shall be not less than four (4) inches in height and shall contrast with their background. The address shall be illuminated as approved by the Fire Department. CFC Chapter 5, section 505.1 & RVC Ordinance 787.7. 45. SINGLE FAMILY DWELLINGS - Approved fire prevention standard fire hydrants (6" x 4" x 2 – 2 1/2") shall be located at each intersection of all residential streets and spaced no more than 500 feet apart in any direction, with no portion of any lot frontage more than 250 feet from a fire hydrant. Minimum fire flow shall be 1,000 GPM for 2 hours at 20 PSI. Fire flow and flow duration for dwellings in excess of 3,600 square feet shall not be less than that specified in Appendix B, Table B 105.1, RVC 787.7 & CFC Chapter 5, and Appendix C, Table C 105.1. 46. ACCESS/ROAD LENGTH - No cul-de-sac or dead-end road length shall exceed one thousand three hundred-twenty (1,320) feet in length. In any hazard fire area of Riverside County, no dead-end or cul-de-sac road shall exceed six hundred-sixty (660) feet in length. The Fire Chief based on city street standards shall determine minimum turning radius for fire apparatus based upon fire apparatus manufacture specifications. Riverside County Ordinance 787.7, CFC Chapter 5, section 503.2.5. 47. BUILDING OPENINGS - Access to building openings and roofs shall be maintained readily accessible for emergency access by the fire department. Finished grade to be flat and accessible on all sides of the building were ground ladder access is the only means to reach the highest point on the building from the exterior. Obstructions will not be placed as to interfere with ground ladder placement. CFC Chapter 5, section 504.1 & RVC Ordinance 787.7. AGENCY CONDITIONS 48. The subdivider shall comply with the requirements set forth in the City Public Works Department conditions. 49. The subdivider shall comply with the requirements of the Beaumont Police Department. 50. The subdivider shall comply with the requirements of the Beaumont Fire Department. Page 107 Item No.4. Draft Tentative Tract Map No. 37697 (TM2019-0007) Conditions of Approval Page 9 51. The subdivider shall comply with the requirements of the Beaumont-Cherry Valley Water District. 52. The subdivider shall comply with the requirements of the Southern California Gas Company. 53. The subdivider shall comply with the requirements as set forth by the Beaumont Unified School District. RECORDATION CONDITIONS Prior to the RECORDATION of any final map, all the following conditions shall be satisfied: 54. The subdivider shall submit written clearances to the Public Works Department that all pertinent requirements from the following agencies have been met: City Fire Department City Police Department City Planning Department Beaumont Cherry Valley Water District Beaumont Unified School District 55. All public street road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Public Works Department. Street names shall be subject to the approval of the Building Official. The final street sections, configurations and improvements shall be subject to the approval of the Public Works Department. 56. All delinquent property taxes, special taxes and assessments shall be paid to the Riverside County Tax Collectors Office. 57. Lots created by this subdivision shall comply with the following: a. Lots created by this subdivision shall be in conformance with the development standards of the Oak Valley PGA Specific Plan. b. All sewer, storm drain and other public utility crossings in side and rear yards to be located in fee title lots and not easements. Page 108 Item No.4. Draft Tentative Tract Map No. 37697 (TM2019-0007) Conditions of Approval Page 10 58. No lots fronting on knuckles, or cul-de-sacs shall have less than twenty-five (25) feet of frontage measured at the property line, with the exception of flag lots as approved by the Planning Department. 59. This subdivision may be recorded in phases subject to the following: a. Phasing, including phase boundaries and sequencing, shall be subject to Planning Department approval. b. Common open space area improvement phasing shall be required subject to Planning Department approval. 60. Consistent with City standards and the Beaumont General Plan, the subdivider is obligated to provide fully improved park space at a ratio of 5 acres per 1,000 population. Said conditions of approval require of park improvements and/or fees, and these requirements shall be applicable as set forth in the conditions of approval for the Oak Valley PGA Specific Plan. 61. The maintenance and management of common open space areas and common facilities shall be conducted as set forth herein and approved by the Planning Department. All provisions of said condition shall be satisfied prior to map recordation. 62. The subdivider shall be responsible for the provision of a fair share of the necessary roadway, water, sewer and drainage facilities for the orderly implementation of the Oak Valley PGA Specific Plan and the existing master plans for these facilities. Prior to recordation, the subdivider shall work with the City and the Public Works Department to establish the necessary financing and implementation measures to ensure the provision of a fair share of such necessary facilities or provide documentation that this has been satisfied per the Development Agreement dated November 18, 2003 (Resolution No. 1987-34) between the City of Beaumont and LB/L—Suncal Oak Valley LLC which is was assumed by SDC Fairway Canyon, LLC, a Delaware limited liability company on June 1, 2012 via Document# 2012-0253906 and Community Facilities District (CFD) 93- 1 dated November 2, 2004. 63. Prior to recordation of the final map, the applicant shall remove the minimum setback notes from the map. GRADING CONDITIONS 64. Detailed landscaping and irrigation plans shall be submitted to and approved by the Planning Department for the phase of development in process. The plans shall address all areas and aspects of the tract requiring landscaping and irrigation to be installed Page 109 Item No.4. Draft Tentative Tract Map No. 37697 (TM2019-0007) Conditions of Approval Page 11 including, but not limited to, parkway planting, recreation trails, street trees, slope planting, common area and/or park landscaping. The plans shall be certified by a landscape architect, and shall provide for the following: a. Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Low water use systems shall be specified. b. Landscape screening where required shall be designed to be opaque up to a minimum height of six (6) feet at maturity. c. All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Department. Utilities shall be placed underground wherever feasible. d. Landscaping plans shall incorporate the use of specimen accent trees (24" box minimum) at key visual focal points within the project. e. Landscaping plans shall incorporate native, low water using and drought tolerant plants where appropriate. All Landscaping shall be in compliance with Beaumont Municipal Code Chapter 17.06. f. All specimen trees on the subject property shall be shown on grading plans. Trees intended for retention and/or removal shall be so noted on the project grading plans. Replacement trees for those to be removed shall also be shown on the project grading plans. g. All trees shall be minimum double-staked. Weaker and/or slow-growing trees shall be steel-staked. h. trees proposed within 10 feet of any Right-of-Way shall provide for a 36” deep root barrier. 65. Three (3) sets of detailed landscaping and irrigation plans shall be submitted pursuant to the Conditions of Approval with the applicable processing fee. 66. Driveways shall be designed so as not to exceed a fifteen (15) percent grade. 67. A qualified paleontologist shall be retained by the subdivider for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist, the City Public Works Department and the Page 110 Item No.4. Draft Tentative Tract Map No. 37697 (TM2019-0007) Conditions of Approval Page 12 grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect, or halt grading activity to allow recovery of fossils. The paleontologist shall submit in writing to the Planning Department the results of the initial consultation and details of the fossil recovery plan if recovery was deemed necessary. BUILDING CONDITIONS Prior to the issuance of BUILDING PERMITS, all the following conditions shall be satisfied: 68. The subdivider shall submit written clearances to the Planning Department that all pertinent requirements from the following agencies have been met: City Public Works Department Beaumont Unified School District Beaumont-Cherry Valley Water District Beaumont Fire Protection Department Beaumont Planning Department 69. Prior to merchant builder submittal of architectural building plans and wall and fence plans to the Planning Department, an acoustical study shall be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwelling units within the subdivision to reduce ambient interior noise levels to 45 Ldn. The study shall be submitted to the Planning Department for review with review fee as set in the Fee Schedule or at actual hourly cost and the approved recommendations shall be incorporated into the architectural building plans and wall and fence plans. 70. A detailed wall and fencing plan shall be submitted to and approved by the Planning Department & Public Works Department and shall show all project walls and fencing including but not limited to perimeter fencing, side and rear yard fencing, and open space or park fencing. A typical elevation of all walls and fences shall be shown on the wall and fencing plan. Decorative block walls shall be constructed along all side or other yards adjacent to streets, or which are plainly visible, and in locations as may be required by the Planning Department. 71. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however, solar equipment or any other energy saving devices shall be permitted with Planning Department approval. 72. Building separation between all buildings shall not be less than as set forth in the California Building Code. Page 111 Item No.4. Draft Tentative Tract Map No. 37697 (TM2019-0007) Conditions of Approval Page 13 73. All street side yard setbacks shall be a minimum of ten (10) feet. 74. All front yards shall be provided with landscaping and automatic irrigation systems and adhere to Municipal Code Chapter 17.06 Landscaping Standards, as approved by the Planning Department. Additionally, all front yard landscaping shall be installed with drought tolerant landscaping. 75. No wood fencing is permitted in this development. All fencing materials shall be masonry, vinyl or tubular steel, as approved by the Planning Department. 76. All utility connections and easements shall be placed underground and shall not encroach into the driveway area unless otherwise approved by the Public Works Department. 77. A minor plot plan for all residential buildings, garages and accessory buildings for residential products shall be submitted to the Planning Department accompanied by applicable filing fees for a minor plot plan not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the City of Beaumont. The minor plot plan shall be subject to the approval of Planning Department and shall contain the following elements: a. A final site plan (1"=30' minimum scale precise grading plan) showing all lots, building footprints, setbacks, walls, fencing, the floor plan and elevations of individual lots. b. One (1) color and materials sample board containing precise color texture and material swatches or photographs (which may be from supplier's brochures). Indicate on the sample board the name, address and phone number of the preparer and the project applicant, the tract number, and the manufacturer and product numbers when feasible (trade names also acceptable). c. One (1) set of architectural elevations colored to represent the selected color combinations, with symbols keyed to the color and materials sample board. Brief written color and material descriptions shall be located on the colored elevations. No landscaping or other enhancements shall be shown on the elevations. All residential structures shall be provided with “four-sided” architectural features. With respect to residential structures, this may take the form of edge trim on all exterior doors or windows, or other methods as approved by the Planning Department. Enhanced or upgraded rear and side facing architectural features shall be included for dwelling units adjacent to and visible from parks, walkways, and public roadways. d. Detailed wall and fencing plan for the subdivision, including colors, materials and location details. Page 112 Item No.4. Draft Tentative Tract Map No. 37697 (TM2019-0007) Conditions of Approval Page 14 e. Five (5) sets of photographic or color laser prints (8 X 10 in.) of the sample board and colored elevations shall be submitted for permanent filing. 78. All residential units shall be served by a minimum of two access points at all times, for proper circulation and emergency vehicle ingress and egress, as approved by the Fire Department. 79. Street Improvement Plans shall be prepared to the satisfaction of the Public Works Department. Additionally, Street Lighting plans in accordance with the City of Beaumont Outdoor Lighting ordinance shall be submitted in conjunction with the Street Improvement Plans. Street Lights shall be reviewed and approved by the Planning and Building Department with appropriate fees paid. All Mailbox clusters shall have appropriate lighting as approved by the City. 80. No side-entry garages shall be proposed for this subdivision. FINAL INSPECTION/OCCUPANCY CONDITIONS Prior to the FINAL BUILDING INSPECTION or issuance of OCCUPANCY PERMITS, whichever occurs first, all the following conditions shall be satisfied: 81. Decorative block and sound walls shall be constructed subject to the approval of the Public Works Department and Planning Department. A graffiti resistant coating or landscaping shall be provided on all block walls. 82. Wall and fence locations shall conform to the approved wall fencing plan and approved landscape and irrigation plans. 83. All landscaping and irrigation shall be installed in accordance with approved plans. If the seasonal conditions do not permit planting, interim landscaping, and erosion control measures shall be utilized as approved by the Planning Department and the Public Works Department. 84. A licensed landscape architect shall provide a Compliance Letter to the Planning Department and the Public Works Department stating that the landscape and irrigation system has been installed in compliance with the approved landscaping and irrigation plans, Municipal Code and conditions of approval. The Compliance Letter shall be submitted at least three (3) working days prior to any final building inspection or issuance of any occupancy permits, whichever occurs first. Page 113 Item No.4. Tentative Tract Map No. 37697 (TM2019-0007) Conditions of Approval Page 15 85. All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by a City field inspection and applicable fees paid at the direction of the Planning Department. 86. All driveways shall be concrete paved. 87. Access roads, street improvements, all agency requirements, parking areas and security lighting shall be constructed in accordance with approved improvement plans and specifications. 88. Clearance shall be obtained from the Beaumont Fire Department, and all fire protection improvements shall be in place as approved by the Fire Chief. PUBLIC WORKS CONDITIONS GENERAL The following is a non-inclusive list of items that may be required by the Public Works Department: A. Plans:  Recorded Parcel Map 37366  Final Map  Street Improvement Plan  Street Light Plan  Landscape Plan offsite  Rough Grading Plan  Precise Grading Plan  Erosion Control Plan  Retaining wall Plan (for line and grade only)  Sewer Improvement Plan  Sewer Lift Station and Forced Main Plan  BCVWD Water Improvement Plan  Storm drain Improvement Plans  Traffic Control Plan Page 114 Item No.4. Tentative Tract Map No. 37697 (TM2019-0007) Conditions of Approval Page 16 B. Reports & Studies:  Traffic Impact Analysis (TIA)- TIA used for EIR is acceptable  Soils Investigation Report  Pad Certification  Stormwater Pollution Prevention Plan (SWPPP)  Hydrology and Hydraulics Report  Preliminary Water Quality Management Plan (P-WQMP)- (P-WQMP submitted and approved)  Final Water Quality Management Plan (F-WQMP)  Offsite Improvement Engineer’s Cost Estimate (ECE) C. Permits and agreements:  CWA Section 401 Certification to Protect Wetlands (401 Certification)  CWA Section 404 Permit (404 Permit)  Fish and Game Code section 1602 (Streambed Alteration Agreement  Permission to Grade and Construction agreements  WQMP Covenant and Agreement  City Grading Permit  City Dirt Haul Permit  City Encroachment Permit  County Encroachment Permit  Subdivision Improvement Agreement  Performance Bond  Labor & Material Bond  Survey Monument Bond  Maintenance Bond  Homeowners Association Covenants, Conditions and Restrictions (CC&Rs) 89. The design of public infrastructure elements shall conform to the requirements of the City’s General Plan, Water Quality Management Plan, Master Plans, City of Beaumont Standards, Riverside County Transportation Department (RCTD) Road Improvement Standards & Specification, Caltrans Standard Specifications and the Standard Specifications for Public Works Construction, current edition. Page 115 Item No.4. Tentative Tract Map No. 37697 (TM2019-0007) Conditions of Approval Page 17 90. The design of private site improvements and grading work outside of road right of way shall conform to the latest edition of California Building Code (CBC) and the City of Beaumont standards and practices. 91. All required plans and studies shall be prepared by a Registered Professional Engineer, Registered Professional Geologist or Registered Professional Surveyor in the State of California, and submitted to the Public Works Department for review and approval. 92. Applicant shall coordinate with affected utility companies and obtain any permits as necessary for the development of this project. 93. The Applicant is responsible for resolving any conflicts with existing or proposed easements. All easement(s) of record and proposed easements shall be shown on the final map, grading plan and improvement plans, where applicable. 94. The Applicant shall obtain an Encroachment Permit, as required from the appropriate agency, for all work within the public right-of-way. 95. Where survey monuments exist, such monuments shall be protected or shall be referenced and reset, pursuant to Business and Professions Code, Sections 8700 to 8805 (Land Surveyors Act). 96. Projects with multiple phases shall submit a plan clearly showing the public improvements to be constructed with each phase of the project. Public improvements identified shall be constructed to the satisfaction of the Public Works Director prior to issuance of the 1st certificate of occupancy (COO) for that phase. 97. The Applicant shall submit a copy of Covenants, Conditions and Restrictions (CC&Rs) to the city for conformance review. The CC&Rs shall be enforceable by the Homeowners Association (HOA), shall not be amended without City approval, shall require maintenance of all property in a good condition, and be in accordance with all City Ordinances. 98. The HOA shall be responsible for operating and maintaining all stormwater basins, water quality basins, parkway landscaping and private open space constructed as part of this project, unless otherwise approved by the Planning and Public Works Department. MAPPING 99. PRIOR TO OBTAINING ANY BUILDING PERMIT: The final map must be recorded. Page 116 Item No.4. Tentative Tract Map No. 37697 (TM2019-0007) Conditions of Approval Page 18 100. PRIOR TO MAP RECORDATION: Parcel Map No. 37366 shall be approved and recorded. 101. PRIOR TO MAP RECORDATION: the following plans shall be approved by the City and applicable agencies: A. Street Improvement Plan B. Signing and Striping Plan C. Street Light Plan D. Storm Drain Improvement Plan E. Final WQMP F. Sewer Improvement Plan G. Lift Station Improvement Plan H. Force Main Improvement Plan I. Water Improvement Plan 102. PRIOR TO FINAL MAP RECORDATION: The applicant shall prepare the map in accordance with the City of Beaumont Municipal Code, General Plan, Specific Plan, and standards; Riverside County Transportation Department (RCTD) Road Improvement Standards & Specification; Riverside County Ordinance 460; and RCTD Map Preparation Manual. 103. PRIOR TO FINAL MAP RECORDATION: The applicant shall pay all applicable fees consisting of, but not be limited to, area drainage fee; bridge and major thoroughfare fees. Per the Municipal Code, certain fees may be delayed to building permit issuance. 104. PRIOR TO FINAL MAP RECORDATION: The applicant shall prepare and fully execute a Subdivision Improvement Agreement (SIA) with the City (On City approved format and forms). If the final map and/or improvements will be phased, an SIA will be required for each phase. 105. PRIOR TO FINAL MAP RECORDATION: The applicant shall provide securities guaranteeing the payment of the cost for all public improvements. The securities shall include Faithful Performance and labor and materials for 100% of the approved Engineer’s Cost Estimate (ECE). 106. PRIOR TO FINAL MAP RECORDATION: The Applicant shall comply with Government Code Section 66436(a)(3) before approval of the final map and shall provide “no objection” letters from all public entities or utilities. Page 117 Item No.4. Tentative Tract Map No. 37697 (TM2019-0007) Conditions of Approval Page 19 107. PRIOR TO FINAL MAP RECORDATION: When changes to an approved Tentative Map are proposed, a Substantial Compliance Exhibit, in the same scale as the Tentative Map, shall be submitted for review and approval by the Public Works Director. 108. PRIOR TO FINAL MAP RECORDATION: Monuments shall be provided in accordance with Section 8771 of the Business and Professions Code. Cross-ties shall be set in top of curbs and tie sheets shall be submitted to the Public Works Department. Per the Subdivision Map Act, Section 66496, internal monuments may be set at a later date if the applicant furnishes security guaranteeing the payment of the cost of setting such monuments. 109. PRIOR TO FINAL MAP RECORDATION: The applicant shall provide an easement to, over and across all private water quality, stormwater and drainage basins, to be dedicated to the City, for ingress, egress and right to inspect . The City will not maintain any basin unless expressly stated in writing by the Public Works Director. 110. PRIOR TO FINAL MAP RECORDATION: The applicant shall show all right-of-way dedications necessary for the construction of all streets, on the Final Map, including but not limited to: A. All interior streets, as shown on Tentative Map No. 37697 dated October 2019, show a full-width dimension of 50-feet right-of-way to right-of-way (50-feet R/W width). The interior streets are based on the adopted Specific Plan and not a City standard. Therefore, the applicant shall be conditioned to construct the typical sections as shown on said tentative map and adopted Specific Plan. The Applicant shall verify that the appropriate right-of-way exist and/or the Applicant shall dedicate all additional right- of-way necessary to achieve the required 50-feet full-width. B. Per separate instrument, additional right-of-way shall be dedicated along Street “D” to allow for the construction of improvements conditioned under the “Street Improvements” section of this document. C. The applicant shall dedicate on the final map, a five foot (5’) public utility easement (PUE) coincident with the interior right-of-way, each side of a typical street. 111. PRIOR TO FINAL MAP RECORDATION: The right-of-way corner cutback shall be established per RCTD std. 805 as follows: Along a straight line projected from the intersection of the radial line passing through the beginning of the curb return, and the corresponding right-of-way line to the intersection of the radial line, passing through the Page 118 Item No.4. Tentative Tract Map No. 37697 (TM2019-0007) Conditions of Approval Page 20 end of the curb return at the corresponding right-of-way line, or as directed by the Engineering Department. A. The applicant has requested a deviation from std. 805 for various locations. The deviations will be accepted, as currently shown on the tentative map. The applicant is still required to meet all ADA requirements and no public improvement shall encroach into private property. 112. PRIOR TO FINAL MAP RECORDATION: The Applicant, at its sole expense, shall obtain all right-of-way or easement acquisitions necessary to implement any portion or condition of this map, including public improvements; off-site grading & construction; offsite street requirements; offsite sewer requirements; storm drain improvements; or any other requirement or condition, prior to the City’s consideration of the final map. 113. PRIOR TO FINAL MAP RECORDATION: The Applicant shall show all drainage, landscaping, open space or other non-residential use lots, as lettered lots on the final map. 114. PRIOR TO FINAL MAP RECORDATION: The Applicant shall provide all agreements for permission to construction and grade for all applicable offsite areas that currently do not have a recorded easement. STREET IMPROVEMENTS 115. PRIOR TO ISSUANCE OF AN ENCROACHMENT PERMIT: The applicant shall prepare the Street Improvement plan, Signing and Striping plan, and Street Light Plan in accordance with the City of Beaumont Municipal Code, General Plan, Specific Plan, and standards; Riverside County Transportation Department (RCTD) Road Improvement Standards & Specification (Ordinance 461); Riverside County Ordinance 460; and California M.U.T.C.D. 116. PRIOR TO ISSUANCE OF ENCROACHMENT OR GRADING PERMIT: The Applicant shall coordinate the design of any public infrastructure that encroaches within the County right-of-way. Written approval shall be provided to the Public Works Department. 117. PRIOR TO ISSUANCE OF AN ENCROACHMENT PERMIT: The Applicant shall submit a Construction Traffic Management Plan per the California M.U.T.C.D., for review and approval by the Public Works Director. Page 119 Item No.4. Tentative Tract Map No. 37697 (TM2019-0007) Conditions of Approval Page 21 118. PRIOR TO ISSUANCE OF AN ENCROACHMENT PERMIT: The applicant shall analyze the turning radii for impact to the maneuverability of fire apparatus and demonstrate adequate clearance. Any deficiencies will need to be identified and discussed with the Public Works Director. 119. PRIOR TO ISSUANCE OF 1st OCCUPANCY PERMIT (COO): The Applicant shall replace any sidewalk, curb and gutter, drive approach, AC pavement or other improvement damaged during construction as determined necessary by the Public Works Director. If the improvements are phase, the condition is applicable to the 1st COO of the corresponding phase. TUKWET CANYON PARKWAY (DIVIDED COLLECTOR 78’ R/W) 120. PRIOR TO ISSUANCE OF 1st OCCUPANCY PERMIT (COO): The Applicant shall construct full-width improvements for Tukwet Canyon Parkway, coincident with the tract boundary and from the tract boundary to Oak Valley Parkway, continuous and inclusive of all intersections. The applicant shall secure all right-of-way necessary by separate instrument. If the improvements are constructed by others, this condition, or portions of, will not be applicable. The improvements shall include: A. 6” Curb and Gutter per RCTD std. 200 @ 28-feet from street centerline, each side. Curb height may be increased to mitigate the 10-year storm event, as directed by the Public Works Director; B. Sidewalks shall be curb-adjacent type per RCTD std. 401 and the adopted specific plan, unless otherwise directed by the Planning Department; C. 14’ wide raised median shall be per RCTD std. 113, or as directed by the Public Works Director. D. Street structural sections shall be designed with a Traffic Index per soils recommendations (7.0 minimum). Preliminary soils investigations shall be used by the Engineer to determine an appropriate R-value and the pavement and base thickness based on the established Traffic Index. In no case shall the minimum pavement section be less than 4” AC/6” AB. E. Tukwet Canyon Parkway shall be designated as a weight restricted road. The Applicant shall install signs with a weight restriction provided by the Public Works Director at the time of construction. STREETS “A”, “B”, “C”, “E”, “F” & “G” Page 120 Item No.4. Tentative Tract Map No. 37697 (TM2019-0007) Conditions of Approval Page 22 121. PRIOR TO ISSUANCE OF 1st OCCUPANCY PERMIT (COO): The Applicant shall construct full-width improvements for Streets “A”, “B”, “C”, “D”, “E”, “F” & “G” per the alignment shown on said tentative map. The improvements shall include: A. 6” Curb and Gutter per RCTD std. 200 @ 18-feet from street centerline, each side. Curb height may be increased to mitigate the 10-year storm event, as directed by the Public Works Director; B. Sidewalks shall be curb-adjacent type per RCTD std. 401 and the adopted specific plan, unless otherwise directed by the Planning Department; C. Street structural sections shall be designed with a Traffic Index per soil engineer’s recommendations (5.5 minimum). Preliminary soils investigations shall be used by the Engineer to determine an appropriate R-value and the pavement and base thickness based on the established Traffic Index. In no case shall the minimum pavement section be less than 4” AC/6” AB. Street “D” 122. PRIOR TO ISSUANCE OF 1st OCCUPANCY PERMIT (COO): The Applicant shall construct half-width improvements for Street “D”, per the alignment shown on said tentative map. The improvements shall include: A. 6” Curb and Gutter per RCTD std. 200 @ 18-feet from street centerline, south side. Curb height may be increased to mitigate the 10-year storm event, as directed by the Public Works Director; B. Sidewalks shall be curb-adjacent type per RCTD std. 401 and the adopted specific plan, unless otherwise directed by the Planning Department; C. Street structural sections shall be designed with a Traffic Index per soil engineer’s recommendations (5.5 minimum). Preliminary soils investigations shall be used by the Engineer to determine an appropriate R-value and the pavement and base thickness based on the established Traffic Index. In no case shall the minimum pavement section be less than 4” AC/6” AB. D. If existing improvements do not exist along Street “D” at the time of construction, the applicant shall construct a 10-feet wide paved lane north of the centerline for a total paving width of 28’. The applicant shall secure all right-of-way necessary by separate instrument. Page 121 Item No.4. Tentative Tract Map No. 37697 (TM2019-0007) Conditions of Approval Page 23 GRADING AND DRAINAGE 123. PRIOR TO ISSUANCE OF A GRADING PERMIT: The applicant shall prepare the grading plans in accordance with the City of Beaumont Municipal Code, General Plan, Specific Plan, and standards; California Building Code (current edition); and recommendations of a soil engineer. 124. PRIOR TO ISSUANCE OF A GRADING PERMIT: The applicant shall obtain a National Pollutant Discharge Elimination System (NPDES) Construction General Permit for stormwater discharges associated with construction activities as required by the California Water Resources Control Board. 125. PRIOR TO ISSUANCE OF A GRADING PERMIT: A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared and submitted to the California Water Resources Control Board. The developer shall be responsible for implementation, monitoring, operation, and maintenance of the SWPPP until all improvements have been accepted by Public Works Department or construction is complete, whichever is later. 126. PRIOR TO ISSUANCE OF A GRADING PERMIT: A copy of the Notice of Intent (NOI) and Waste Discharge Identification (WDID) number from the State Water Resources Control Board shall be provided to the Public Works Department. 127. PRIOR TO ISSUANCE OF GRADING PERMIT: As part of the Grading Plan Submittal Application, the Applicant shall submit for review and approval, a Final Drainage Report. The Final Drainage Report be in substantial conformance with the approved preliminary drainage report. The project shall: A. Follow the general guidelines set forth by Riverside County Flood Control and Water Conservation District’s (RCFC&WCD) Hydrology Manual. B. Design all conveyances to handle the peak flow from a 100-year event. C. Examine the 10-year and 100-year storm events utilizing the RCFC&WCD rational method. The 10-year storm flow shall not exceed the top of curb depth. 100-year storm flow shall not exceed the right-of-way line. If the 10-year storm flow exceeds the top of curb depth, underground storm drain facilities will be required; D. Examine the 2, 10 and 100-year storm frequencies in combination with the 1,3,6 and 24-hour storm durations utilizing the RCFC&WCD synthetic unit hydrograph method; E. Mitigate for increased runoff by directing drainage to a downstream facility that has sufficient capacity or mitigate the increased runoff onsite. Page 122 Item No.4. Tentative Tract Map No. 37697 (TM2019-0007) Conditions of Approval Page 24 128. PRIOR TO ISSUANCE OF GRADING PERMIT: The applicant shall submit for review and approval, a rough grading plan. The grading design shall incorporate the following: A. conform to the standards of the latest edition of the California Building Code (CBC) and the Beaumont Municipal Code; B. Setbacks for cut/fill slopes from the property line shall be in accordance with the CBC or as approved by the Public Works Director; C. Lots shall be designed and graded to drain to abutting street, on which the driveway for the respective lot will occur. No lot shall drain onto adjacent properties. Drainage devices shall be required to convey storm water from lot onto abutting street. Curb cores shall be required for onsite lot drainage to discharge out into abutting street; D. Building foundation clearance requirements for top of slope and toe of slope shall conform to (Chapter 18 – Soils and Foundations) of the latest edition of the California Building Code; E. Design the site to adequately intercept and convey all off-site run-on through the site and discharge in a manner which will not increase damage, hazard, or liability to adjacent or downstream properties; 129. ADVISORY CONDITION: The project has several proposed slopes with a height close to 30 feet. Slope in excess of 30 feet will not be permitted in the field. 130. PRIOR TO ISSUANCE OF GRADING PERMIT: The Applicant shall design the extended detention basin per the Riverside Flood Control District, LID manual and include the following: A. An access road that allows easy access to the bottom of the basin for maintenance; B. An emergency overflow weir or spillway; C. Drain within 72 hours or otherwise comply with relevant standards for vector control. If the 72-hour limit cannot be reached, the applicant shall implement other features to meet the requirement. This may include dry-wells, underdrain, larger surface area, etc; D. Security fencing along the perimeter of the basin w/ appropriate signage; E. Fire Department Rapid Entry System; F. Access from public right-of-way. 131. PRIOR TO ISSUANCE OF GRADING PERMIT: The Applicant shall adhere to all Federal Emergency Management Agency (FEMA) regulations and requirements in the Page 123 Item No.4. Tentative Tract Map No. 37697 (TM2019-0007) Conditions of Approval Page 25 event that existing drainage patterns are affected by this development. The applicant shall submit to the City of Beaumont and to any governing Federal agency for review and approval, all necessary calculations. 132. PRIOR TO ISSUANCE OF GRADING PERMIT: The applicant shall submit for review and approval, a soils/ geology report. 133. PRIOR TO ISSUANCE OF GRADING PERMIT: The applicant shall submit for review and approval, an Erosion Control Plan that addresses Site Construction BMPs. 134. PRIOR TO ISSUANCE OF GRADING PERMIT: The applicant shall submit for review and approval, a Final WQMP (F-WQMP). The F-WQMP shall be in substantial conformance with the approved preliminary Project-Specific WQMP and the document “Water Quality Management Plan – A Guidance Document for the Santa Ana Region of Riverside County,” dated October 2012 (Guidance Document) 135. PRIOR TO ISSUANCE OF GRADING PERMIT: The Applicant shall record a “Covenant and Agreement” with the County Recorder, or other instrument acceptable to the City, to inform future property owners of the requirement to implement the approved project-specific WQMP for each parcel. 136. PRIOR TO ISSUANCE OF GRADING PERMIT: The Applicant shall obtain all permits and approvals from all regulatory agencies with jurisdiction over any portion of this project. Potentially including, but not limited to: Riverside County Flood Control, State Department of Fish and Game, State Water Resource Control Board and US Army Corps of Engineers. 137. CONCURRENT WITH GRADING OPERATIONS: Any grading and/or utility excavations and backfilling, both on and off site, shall be done under the continuous direction of a licensed geotechnical/civil engineer who shall obtain all required permits and submit reports on progress and test results to the Public Works Director for review and approval as determined by the City. Upon completion of all soils related work, the geotechnical engineer shall submit a final report to the Public Works Director for review and approval, which may require additional tests at the expense of the applicant. 138. CONCURRENT WITH GRADING OPERATIONS: The Applicant shall construct temporary drainage facilities and erosion control measures to minimize erosion and silt deposition. 139. PRIOR TO FOUNDATION TRENCHING: The applicant shall submit a soil compaction report to the City for review and approval. Page 124 Item No.4. Tentative Tract Map No. 37697 (TM2019-0007) Conditions of Approval Page 26 140. PRIOR TO OBTAINING ANY BUILDING PERMIT: The applicant shall submit pad certifications letters and pad compaction reports to the City for review and Approval. STORM DRAIN IMPROVEMENTS 141. PRIOR TO ISSUANCE OF AN ENCROACHMENT PERMIT: The applicant shall design the storm drain system and facilities in accordance with Beaumont Municipal Code, General Plan, Specific Plan, and Standards; the Riverside County Flood Control District standards; hydrology manual; and Low Impact Development (LID) BMP Design Handbook. 142. PRIOR TO ISSUANCE OF GRADING PERMIT: All storm drains, catch basins, and storm water structures shall be provided with trash capture devices that conform with the approved trash capture list issued by the State Water Board. 143. PRIOR TO ISSUANCE OF A GRADING PERMIT: The stormwater generated within the development shall be captured into appropriate drainage facilities. The stormwater shall be treated per the requirements of the approved P-WQMP. 144. PRIOR TO ISSUANCE OF 1st OCCUPANCY PERMIT (COO): The Applicant shall construct all storm drain facilities to accommodate WQMP requirements and Hydraulic Conditions of Concerns (HCOC) requirements. If the improvements are constructed by others, this condition, or portions of, will not be applicable. The improvements shall consist of: A. Storm drain network within the tract boundary; i. Including all catch basins and facilities necessary for the complete operation and conveyance of storm water and treated water. B. Storm drain network from the tract boundary to the Sorenstam Water Quality Basin; i. Including all catch basins and facilities necessary for the complete operation and conveyance of storm water and treated water. ii. Including all laterals, catch basins, manholes, junctions, transitions and other facilities within Tukwet. The applicant shall extend all future connections to outside Tukwet right-of-way and bulkhead as necessary. C. Sorenstam Water Quality Basin; iii. Basin shall be constructed with the same requirements as the extended detention basin. Page 125 Item No.4. Tentative Tract Map No. 37697 (TM2019-0007) Conditions of Approval Page 27 D. PRIOR TO ISSUANCE OF AN ENCROACHMENT PERMIT: The applicant shall secure all right-of-way and/or easements necessary for the complete construction and operation of all facilities. 145. PRIOR TO ISSUANCE OF 1st OCCUPANCY PERMIT (COO): All storm drains, catch basins, and storm water structures shall be provided with trash capture devices that conform with the approved trash capture list issued by the State Water Board. SEWER IMPROVEMENTS 146. PRIOR TO ISSUANCE OF 1st OCCUPANCY PERMIT (COO): The sanitary sewer system shall be designed and constructed to collect and convey sewage to the City’s Upper Oak Valley Lift Station in accordance with the Master Sewer Plan and Beaumont Municipal Code, Eastern Municipal Water District (EMWD) standards, and as follows: A. The minimum pipe size for sewer shall be 8”; B. All sewer laterals from homes shall be connected to the sewer main in the street. C. Gravity sewer pipes 12” or less in diameter shall be designed to flow at a maximum depth of one-half of the pipe diameter. Sewer flow calculations shall be provided; D. Gravity sewer pipes 15” or larger shall be designed to flow at a maximum depth of three-quarters of the pipe diameter. Sewer flow calculations shall be provided; E. Sewer line locations shall follow the State Department of Health requirements for water line and sewer line separations both horizontally and vertically. If pertinent conditions do not allow for the required separations horizontally and vertically, the proposed separations shall be submitted to the Public Works Director for review and approval. 147. PRIOR TO ISSUANCE OF 1st OCCUPANCY PERMIT (COO): The Applicant shall design and construct the sewer network necessary for the complete operation of the sewer system which includes: A. The entire sewer system within the tract boundary; B. All necessary sewer mains that occur outside the tract boundary; C. Sewer lateral wyes along any of the mains constructed as part of this tract, for all future connections; D. Lift station; Page 126 Item No.4. Tentative Tract Map No. 37697 (TM2019-0007) Conditions of Approval Page 28 E. Forced main lines and gravity lines that will connect the lift station to the existing Upper Oak Valley lift station, and all necessary facilities. 148. PRIOR TO ISSUANCE OF 1st OCCUPANCY PERMIT (COO): The Applicant shall design and construct a sewer lift station and force main per EMWD standards. Redundant pumps and a bypass system for the lift station shall be incorporated into the design of the lift station. The applicant shall secure all right-of-way and/or easements necessary for the complete construction and operation of all facilities. If the improvements are constructed by others, this condition, or portions of, will not be applicable. 149. PRIOR TO ANY BUILDING PERMIT AND PRIOR TO CONNECTING TO A PUBLIC SEWERAGE SYSTEM: The applicant shall pay the sewage disposal facility charge (connection fee) for not less than 25 percent of the lots to which sew ers are available before the connection to the City system is made and shall pay the charge for each additional lot thereafter upon building permit or connection for the respective lot(s). 150. ADVISORY CONDITION: The existing Mesa sewer lift station is currently (2020) being assessed for capacity as part of a citywide Master Sewer Plan update. It is anticipated that the existing lift station has some capacity for this development; however, the assessment will identify the available capacity. The City may elect to develop a Capital Improvement Project to increase capacity based on need, available funding and schedule. WATER IMPROVEMENTS 151. PRIOR TO FINAL MAP RECORDATION: The Applicant shall be responsible for obtaining potable water and reclaimed water for the development. 152. PRIOR TO ISSUANCE OF OCCUPANCY PERMIT (COO): The applicant shall comply with the requirements of the Beaumont Cherry Valley Water District. 153. PRIOR TO ISSUANCE OF OCCUPANCY PERMIT (COO): The applicant shall ensure all fire hydrants; air vacs and other above ground water facilities are placed outside of sidewalk areas. Water meter boxes and vaults, valve covers, etc. may be placed within sidewalks or paved areas provided such devices are set flush with the finished surfaces and are properly rated for chosen locations as approved by the Public Works Director. 154. PRIOR TO ISSUANCE OF OCCUPANCY PERMIT (COO): The applicant shall ensure that water line locations follow the State Department of Health requirements for water line and sewer line separations both horizontally and vertically. If pertinent conditions do Page 127 Item No.4. Tentative Tract Map No. 37697 (TM2019-0007) Conditions of Approval Page 29 not allow for the required separations horizontally and vertically, the proposed separations shall be submitted to the Public Works Director for review and approval. End of Conditions Page 128 Item No.4. 4534246414442575859555156535450494652484733323131323536373022433973727186158596057756706955625621PARK2927282326252430481473640103735333934123837343843464152444248453536475649546051535055616215419318131792141161120544953505251666463686765575840BASINLOT "F"LOT "G"LOT "E"LOT "F"LOT "H " LOT "L"**STREET "C"STREET "E"STREET "A"S T R E E T " D "STREET "D"PKWYCANYONTUKWET STREET "A"STREET "G"STREET "C"S T R E E T " B " S T R E E T " C " STREET "E"TENTATIVE TRACT NO. 37697ENGINEER / REPRESENTATIVEUTILITIESSCHOOL DISTRICTLEGAL DESCRIPTIONZONING/LAND USETOPOGRAPHY SOURCEVICINITY MAPARGENT MANAGEMENTOWNER/DEVELOPERBENCHMARK:DECEMBER 2019GENERAL NOTESTUKWET CANYON PARKWAY SITE LOCATIONPAGE 1 OF 1 PAGESTYPICALY 76' STREET SECTIONLEGEND:PROACTIVE ENGINEERINGCONSULTANTS WEST, INC.STREETS 50' SECTIONSTREET "A", "B", "C" AND "E"44434241403 9 3 8 3 7 3 6 3 4 3 5 1T E N T A T I V E T R A C T N O . 3 7 6 9 65857565554535251504948473635TENTATIVE TRACT NO. 37698N.A.P.N.A.P.BASIN3 9 CITY OF BEAUMONT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA"SINGLE FAMILY SUBDIVISION" LOT SUMMARY TABLESTREETS 50' SECTIONSTREET "D"STREETS 50' SECTIONTYPICAL UTILITY LOCATIONPARCEL 1P.M. NO. 37366TTM NO. 3769613.51 AC.PARCEL 2P.M. NO. 37366TTM NO. 3769713.19 AC.PARCEL 3P.M. NO. 37366TTM NO. 3769822.09 AC.INDEX MAPT U C K W E T PROPOSED PER SF 14-2133 EXIS T I N G PER F I L E N O . 1 9 9 2 IMP R O V E M E N T S IMPROVEMENTS CAN Y O N PKWYSORENSTAM DRIVEOAK VALLEY PARKWAY³´ PA-26EARTHWORK QUANTITIESPage 129Item No.4. TTM37696, 37697 & 37698 General Plan General Plan Rural Residential Single-Family Residential Multi-Family Residential General Commercial Community Commercial Industrial Commercial Industrial Overlay Urban Village Overlay Beaumont Avenue Overlay Public Facilities Recreation and Conservation 12/2/2019 3:10:58 PM 0 0.25 0.50.13 mi 0 0.4 0.80.2 km 1:18,056 City of Beaumont Page 130 Item No.4. TTM37696, 37697 & 37698 Zoning Map Zoning Rural Residential Residential Single-Family Residential Multi-Family Specific Plan Area Commercial General Commercial Community Commercial Manufacturing Manufacturing Beaumont Avenue Overlay Mineral Resource Overlay Public Facilities 12/2/2019 3:09:24 PM 0 0.25 0.50.13 mi 0 0.4 0.80.2 km 1:18,056 City of Beaumont Page 131 Item No.4. *IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS Legend TTM37696, 37697 & 37698 Notes REPORT PRINTED ON...12/2/2019 9:46:42 AM Aerial Photograph 0 3,0321, 516 Feet County Centerline Names Blueline Streams World Street Map Page 132 Item No.4. Page 133Item No.4. The Press EnterpriseAdvertising Order Confirmation 10:31:42AM11/25/19 Page 1 Ad Order Number Customer 0011339335 BEAUMONT, CITY OF / LEGAL Payor Customer PO Number BEAUMONT, CITY OF / LEGAL Sales Representative Customer Account Payor Account Ordered By Nick Eller 5209298 5209298 Carole Kendrick Order Taker Customer Address Payor Address Customer Fax Nick Eller 550 E SIXTH ST 550 E SIXTH ST BEAUMONT, CA 92223 BEAUMONT, CA 92223 finance@beaumontca.gov951-769-8520951-769-8520Select Source Customer EMailPayor PhoneCustomer PhoneOrder Source Current Queue Invoice Text TTM37697Ready Tear Sheets Affidavits Blind Box Materials Promo Type Special Pricing 0 0 Ad Number Production NotesProduction MethodAd AttributesProduction ColorColorAd Size AdBooker0011339335-01 3 X 45 Li External Ad Number Ad TypePick Up Released for Publication Legal Liner Product Run Dates # InsertsRequested Placement Requested Position PE Riverside:South 11/29/19PublicNotice Banning City Notices Ban - 1076~1 Page 134 Item No.4. Staff Report TO: Mayor, and City Council Members FROM: Jeff Hart, Public Works Director DATE February 4, 2020 SUBJECT: Performance Bond Acceptance and Security Agreement for SDC Fairway Canyon, LLC. Tract 31462 Street and Storm Drain Improvements Background and Analysis: The City requires all developers to provide security for public improvements consisting of, but not limited to, sewer improvements, street improvements, storm drain improvements, utility improvements, and monument improvements. The bonded improvements listed in Table 1 will be constructed by SDC Fairway Canyon, LLC. SDC Fairway Canyon, LLC will construct the storm drain improvements for Tract 31462, which is part of the Fairway Canyon development. Tract 31462 is located north of Oak Valley Parkway, south of Champions Road, and west of the extension of Tukwet Canyon Parkway in the City of Beaumont. These public improvements will be constructed within the specific plan commonly referred to as Fairway Canyon, and within the City of Beaumont right of way. Public storm drain improvements will consist of manholes, catch basins, headwalls and box culverts. The following table includes the development name, bond number, type of improvement, and the developer submitting the security agreement: Table 1. Fairway Canyon Bond Summary Bond Number Bond Type Type of Improvement Development/Tract Number Developer 1001124446 Performance Storm Drain Improvement Fairway Canyon/31462 SDC Fairway Canyon, LLC Staff has reviewed the security agreement, along with the performance and payment bond, and determined that they are consistent with the City’s municipal code. Staff recommends the City Council accept the bond listed in Table 1. Page 135 Item No.5. Fiscal Impact: The cost of preparing the staff report is estimated to be $350. Recommended Action: Accept the following bond and security agreement:  Performance bond No. 1001124446 for storm drain improvements for Tract 31462 Attachments: A. Bond No. 1001124446 and security agreement for storm drain improvements Tract 31462, and associated improvement plan Page 136 Item No.5. Page 137 Item No.5. Page 138 Item No.5. Page 139 Item No.5. Page 140 Item No.5. Page 141 Item No.5. Page 142 Item No.5. Page 143 Item No.5. Page 144 Item No.5. Page 145 Item No.5. Page 146 Item No.5. Page 147 Item No.5. Page 148 Item No.5. Page 149 Item No.5. Page 150 Item No.5. Page 151 Item No.5. Page 152 Item No.5. Page 153 Item No.5. Page 154 Item No.5. Page 155 Item No.5. Page 156 Item No.5. Page 157 Item No.5. Page 158 Item No.5. Page 159 Item No.5. Page 160 Item No.5. Page 161 Item No.5. Staff Report TO: Mayor, and City Council Members FROM: Jeff Hart, Public Works Director DATE February 4, 2020 SUBJECT: Bond Exoneration for Bond No. 2264721, 41383375, 2264727 and; 2264722 for K. Hovnanian Homes Tract 33096-13 Background and Analysis: The developer, K. Hovnanian Homes, has completed street, sewer, storm drain and monumentation improvements within Tract 33096-12. The aforementioned tract is part of the Four Seasons Specific Plan residential development located in the City of Beaumont, west of Highland Springs Avenue, and south of Potrero Boulevard. Attached are the bond exoneration documents submitted by the developer (see Attachment A, B, C and D). All of the bonded improvements associated with the aforementioned tracts are summarized in the table below. Table 1. KHOV Bond Exoneration Summary Bond Number Tract Map Number Type of Improvement Bond Type Maintenance Bond Required 2264721 33096-13 Storm Drain Performance Yes 41383375 33096-13 Sewer Performance Yes 2264727 33096-13 Streets Performance Yes 2264722 33096-13 Monumentation Performance No All tracts in the Four Seasons development are privately maintained by the homeowner’s association, the City only maintains the sewer utility within the private development. The HOA maintains all other improvements. Staff has verified the completion of the improvements, and recommends that City Council approve and authorize the Mayor to exonerate the aforementioned bonds and accept Maintenance Bond No.’s 3085345, 41394539 and 3085344 to replace performance bonds for Tract 33096-13. Page 162 Item No.6. Fiscal Impact: The cost to prepare this staff report is approximately $650. Recommended Action: Accept Maintenance Bond No. 3085345 to replace Performance Bond No. 2264721, Accept Maintenance Bond No. 41394539 to replace Performance Bond No. 41383375, and Accept Maintenance Bond No. 3085344 to replace Performance Bond No. 2264727. Attachments: A. Bond exoneration application for Bond No.2264721, and associated storm drain improvement plans B. Bond exoneration application for Bond No.41383375, and associated sewer improvement plans C. Bond exoneration application for Bond No.2264727, and associated street improvement plans D. Bond exoneration application for Bond No.2264722, and associated signed and stamped monument tie sheets E. Maintenance Bond No. 3085345 for storm drain improvements F. Maintenance Bond No. 41394539 for sewer improvements G. Maintenance Bond No. 3085344 for street improvements Page 163 Item No.6. Page 164Item No.6. Page 165Item No.6. Page 166Item No.6. Page 167Item No.6. Page 168Item No.6. Page 169Item No.6. Page 170Item No.6. 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Page 223Item No.6. Page 224Item No.6. Page 225 Item No.6. Page 226 Item No.6. Page 227 Item No.6. Page 228 Item No.6. Page 229 Item No.6. Page 230 Item No.6. Page 231 Item No.6. Page 232 Item No.6. Page 233 Item No.6. Staff Report TO: Mayor, and City Council Members FROM: Todd Parton, City Manager DATE February 4, 2020 SUBJECT: Request for Facility and Staff Fee Waiver – Beaumont Cherry Valley Rotary Club Celebrate Reading and the Arts Background and Analysis: The Beaumont Cherry Valley Rotary Club has submitted a request for consideration of waiving facility and staff fees for their annual Celebrate Reading and the Arts event held at the Community Recreation Center (CRC) on Saturday, March 7, 2020. This is an all- day event that is attended by nearly 500 residents, with set up beginning the prior afternoon. The use of the CRC gymnasium requires a $500 deposit which is requested to be waived. Additionally, facility use fees total $860, including staff fees and the use of the kitchen and is also requested to be waived. Fiscal Impact: Total amount requested for waiver is $1,360. Recommended Action: Consider waiver of facility use and staff fees requested by Beaumont Cherry Valley Rotary Club in the amount of $860.00, and Consider waiver of a $500 deposit for the use of the gymnasium at the CRC. Attachments: A. Facility Use Application B. Fee Waiver Request Page 234 Item No.7. Page 235 Item No.7. Page 236 Item No.7. Page 237 Item No.7. Page 238 Item No.7. Page 239 Item No.7. Page 240 Item No.7. Staff Report TO: Mayor, and City Council Members FROM: Todd Parton, City Manager DATE February 4, 2020 SUBJECT: Request for Facility and Staff Fee Waiver – Soroptimist International of Beaumont-Banning Background and Analysis: The Soroptimist International of Beaumont-Banning has submitted a request for consideration of waiving facility and staff fees for their annual bunco fundraiser event held at the Beaumont Civic Center on Saturday, March 28, 2020. This is an evening event that is attended by nearly 100 residents, with set up beginning that afternoon. The use of the Civic Center gymnasium requires a $500 deposit which is requested to be waived. Additionally, facility use fees total $710, including staff fees and the use of the kitchen and it is also requested that they be waived. Fiscal Impact: Total amount requested for waiver is $1,210. Recommended Action: Consider waiver of facility use and staff fees requested by Soroptimist International of Beaumont-Banning in the amount of $710, and Consider waiver of a $500 deposit for the use of the gymnasium at the Beaumont Civic Center. Attachments: A. Special Event Permit Application B. Fee Waiver Request Page 241 Item No.8. Page 242 Item No.8. Page 243 Item No.8. Page 244 Item No.8. Page 245 Item No.8. Page 246 Item No.8. Page 247 Item No.8. Page 248 Item No.8. Page 249 Item No.8. Staff Report TO: Mayor, and City Council Members FROM: Nicole Wheelwright, Deputy City Clerk DATE February 4, 2020 SUBJECT: Request for Destruction of Retention Met Records Background and Analysis: As set forth in the Records Retention Schedule, adopted by City Council on October 2, 2018, certain records have met their retention and are no longer required to be kept on file. An on-going audit of records is being conducted, in which each file of records is being evaluated for retention status based on the contents. Records retention of each file is based on the document with the longest retention. Once a file has met its retention requirement it can be submitted for request of destruction and must be approved by the City Attorney, City Manager, City Clerk and brought to Council for final approval by way of resolution. The attached request of destruction of certain records has met all approval requirements and is being presented for final approval by Council. Fiscal Impact: No fiscal impact. Recommended Action: Waive the full reading and adopt by title only, “A Resolution of the City of Beaumont Authorizing Destruction of Certain Records in Accordance with the Records Retention Schedule Adopted by City Council.” Attachments: A. Resolution Page 250 Item No.9. RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF BEAUMONT AUTHORIZING DESTRUCTION OF CERTAIN RECORDS IN ACCORDANCE WITH THE RECORDS RETENTION SCHEDULE ADOPTED BY CITY COUNCIL WHEREAS, on October 2, 2018 the City Council of the City of Beaumont (‘City”) adopted Resolution No. 2018-51 entitled A Resolution of the City Council of the City of Beaumont, California, adopting a Records Retention Schedule, Authorizing Destruction of Certain City Records and Rescinding Resolutions 2012-01 and 1997-24; and WHEREAS, the City’s Records Retention Schedule (“Schedule”) establishes a records management system which is a systematic control over the creation, acquisition, processing, use, protection, storage, and final disposition of all recorded information required by a municipal government to effectively conduct its business; and WHEREAS, as set forth in the Schedule, City staff recommends that the documents described in Exhibit “A” attached hereto be authorized for destruction. NOW, THEREFORE, BE IT RESOLVED, that the City of Beaumont authorizes that staff dispose of the documents described in Exhibit “A” attached hereto as authorized in the City of Beaumont’s Records Retention Schedule. MOVED, PASSED AND ADOPTED this 4th day of February 2020. AYES: NOES: ABSTAIN: ABSENT: APPROVED: Rey Santos, Mayor ATTEST: Steven Mehlman, City Clerk Page 251 Item No.9. APPROVED AS TO FORM: John O. Pinkney, City Attorney Page 252 Item No.9. Exhibit A Request for Destruction of Records Page 253 Item No.9. Page 254 Item No.9. Page 255 Item No.9. Page 256 Item No.9. Page 257 Item No.9. Page 258 Item No.9. Page 259 Item No.9. Staff Report TO: Mayor, and City Council Members FROM: Kristine Day, Assistant City Manager DATE February 4, 2020 SUBJECT: Approval of the Assignment and Assumption of Improvement and Credit/Reimbursement Agreement Transportation Uniform Mitigation Fee Agreement between Lassen Development Partners, LLLP and MPLDII Inland Empire, LLC and Approval of the Assignment and Assumption of City of Beaumont Hidden Canyon Amended and Restated Facilities and Fee Credit Agreement between Lassen Development Partners, LLLP and MPLD II Inland Empire, LLC Background and Analysis: Lassen Development Partners, LLLP and the City of Beaumont entered into an Improvement and Credit/Reimbursement Agreement Transportation Uniform Mitigation Fee Agreement in May 2018. Additionally, the City of Beaumont entered into a Facilities and Fee Credit Agreement with Lassen Development Partners, LLLP in June 2018. Lassen Development has requested the City of Beaumont approve the assignment of these agreements to MPLD II Inland Empire, LLC as provided for, and in accordance with the terms of the initial agreements. These assignments are conditioned upon the conveyance of the property from Lassen Development, LLLP to MPLD II Inland Empire, LLC. Fiscal Impact: No direct fiscal impact to the City. All staff and legal fees will be covered by the developer. Recommended Action: Staff recommends approval of the Assignment and Assumption of Improvement and Credit/Reimbursement Agreement Transportation Uniform Mitigation Fee Agreement between Lassen Development Partners, LLLP and MPLDII Inland Empire, LLC and Approval of the Assignment and Assumption of City of Page 260 Item No.10. Beaumont Hidden Canyon Amended and Restated Facilities and Fee Credit Agreement between Lassen Development Partners, LLLP and MPLD II Inland Empire, LLC. Attachments: A. Assignment and Assumption of Improvement and Credit/Reimbursement Agreement Transportation Uniform Mitigation Fee Agreement B. Assignment and Assumption of City of Beaumont Hidden Canyon Amended and Restated Facilities and Fee Credit Agreement Page 261 Item No.10. 1 065611.00583 324214 v3 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Holly H. Fuller Golden Steves & Gordon LLP 200 E. Basse Road, Suite 200 San Antonio, Texas 78209 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSIGNMENT AND ASSUMPTION OF IMPROVEMENT AND CREDIT/REIMBURSEMENT AGREEMENT TRANSPORTATION UNIFORM MITIGATION FEE AGREEMENT THIS ASSIGNMENT AND ASSUMPTION OF IMPROVEMENT AND CREDIT/REIMBURSEMENT AGREEMENT TRANSPORTATION UNIFORM MITIGATION FEE AGREEMENT (herein "Agreement") is entered into this __ day of _____________, 2020 by and between LASSEN DEVELOPMENT PARTNERS, LLLP, a Delaware limited liability limited partnership (herein "Assignor Developer") and MPLD II INLAND EMPIRE, LLC, a Delaware limited liability company ("Assignee Developer"). Recitals A. The Assignor Developer and City of Beaumont (“City”) have entered into an Improvement and Credit/Reimbursement Agreement Transportation Uniform Mitigation Fee Agreement dated May, 2018 (“Credit Agreement”) concerning certain property more particularly described in the Credit Agreement (the “Property”). B. The Assignor Developer desires to assign its interest under the Credit Agreement to Assignee Developer, subject to the terms and conditions contained in this Agreement, if and when Assignee Developer acquires fee title to the Property (the “Effective Date”). C. Assignee Developer desires to assume all of the Assignor Developer's obligations and other terms and conditions under the Credit Agreement on the Effective Date. Agreements NOW, THEREFORE, THE ASSIGNOR DEVELOPER AND ASSIGNEE DEVELOPER HEREBY AGREE AS FOLLOWS: 1. The Assignor Developer assigns to Assignee Developer all of its right, title and interest in the Credit Agreement, on the Effective Date. Assignee Developer hereby assumes all Page 262 Item No.10. 2 of the burdens and obligations of the “Developer” under the Credit Agreement with respect to the Property as of the Effective Date, and agrees to observe and fully perform all of the duties and obligations of the “Developer” under the Credit Agreement with respect to the Property, and to be subject to all the terms and conditions thereof, it being the express intention of both the Assignee Developer and Assignor Developer that, upon the conveyance of the Property from Assignor Developer to Assignee Developer, the Assignee Developer shall be substituted for the Assignor Developer as the "Developer" under the Credit Agreement. 2. Assignor Developer hereby agrees to indemnify Assignee Developer against and hold Assignee Developer harmless from any and all cost, liability, loss, damage or expense, including, without limitation, reasonable attorneys’ fees (each, a “Claim” and collectively “Claims”), accruing prior to the Effective Date and arising out of a default in Assignor Developer’s obligations under the Credit Agreement. 3. Assignee Developer hereby agrees to indemnify Assignor Developer against and hold Assignor Developer harmless from any and all Claims originating or relating to the period on or after the Effective Date and arising out of Assignee Developer’s obligations under the Credit Agreement. 4. If any litigation between Assignor and Assignee arises out of the obligations of the parties under this Agreement or concerning the meaning or interpretation of any provision contained herein, the losing party shall pay the prevailing party's costs and expenses of such litigation, including, without limitation, reasonable attorneys' fees. 5. All of the covenants, terms and conditions set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and to their respective heirs, successors and assigns. 6. The City may rely upon this Agreement in consenting to the assignment of the Property hereunder; provided, that unless and until the City Council has duly adopted a resolution expressly consentinghereto, the assignment herein shall not be deemed a permitted assignment under the Credit Agreement, and the Assignee Developer shall not have the status of a recognized assignee under the Credit Agreement. 7. The effectiveness of this Agreement with respect to the Property is conditioned upon the conveyance of the Property from Assignor Developer to Assignee Developer and, if such sale does not occur by February 17, 2020, this Agreement shall be null and void. [Signatures on Following Pages] Page 263 Item No.10. [Signature Page to Assignment and Assumption of Improvement and Credit/Reimbursement Agreement Transportation Uniform Mitigation Fee Agreement] IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the day and year first above written. ASSIGNOR DEVELOPER: LASSEN DEVELOPMENT PARTNERS, LLLP, a Delaware limited liability limited partnership By: Lassen Development Partners GP, LLC, a Delaware limited liability company, its general partner By:___________________________ Name:_________________________ Title:__________________________ Date:__________________________ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ________________________ ) On ____________________, 20__ before me, ___________________________, Notary Public, personally appeared ________________________, ______________________ of Lassen Development Partners GP, LLC, a Delaware limited liability company, general partner of LASSEN DEVELOPMENT PARTNERS, LLLP, a Delaware limited liability limited partnership, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (seal) Page 264 Item No.10. [Signature Page to Assignment and Assumption of Improvement and Credit/Reimbursement Agreement Transportation Uniform Mitigation Fee Agreement] ASSIGNEE DEVELOPER: MPLD II INLAND EMPIRE, LLC, a Delaware limited liability company By: MPLD II REIT A, a Texas real estate investment trust, its sole member By: ________________________________ Name:______________________________ Title:_______________________________ Date: STATE OF TEXAS § § COUNTY OF BEXAR § This instrument was acknowledged before me on the ___ day of __________________, 20___, by _____________________, the __________________ of MPLD II REIT A, a Texas real estate investment trust , the sole member of MPLD II INLAND EMPIRE, LLC, a Delaware limited liability company, on behalf of said entities. ______________________________ Notary Public My Commission Expires: _________ Page 265 Item No.10. [Signature Page to Assignment and Assumption of Improvement and Credit/Reimbursement Agreement Transportation Uniform Mitigation Fee Agreement] CONSENT OF CITY The assignment provided for in the Agreement to which this Consent is attached is consented to by the City of Beaumont by City Council Resolution No. _____. No consent shall occur until such a Resolution is duly adopted by the City Council of the City of Beaumont. However, the City of Beaumont is not a party to nor bound by the Agreement or any provision of the Agreement at any time.. CITY OF BEAUMONT By: Name: Its: Date: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF __________________________ ) On ____________________, 20__ before me, ________________________________________, Notary Public, personally appeared ________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (seal) Page 266 Item No.10. [Signature Page to Assignment and Assumption of Improvement and Credit/Reimbursement Agreement Transportation Uniform Mitigation Fee Agreement] Page 267 Item No.10. 1 065611.00583 324213 v3 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Holly H. Fuller Golden Steves & Gordon LLP 200 E. Basse Road, Suite 200 San Antonio, Texas 78209 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSIGNMENT AND ASSUMPTION OF CITY OF BEAUMONT HIDDEN CANYON AMENDED AND RESTATED FACILITIES AND FEE CREDIT AGREEMENT THIS ASSIGNMENT AND ASSUMPTION OF CITY OF BEAUMONT HIDDEN CANYON AMENDED AND RESTATED FACILITIES AND FEE CREDIT AGREEMENT (herein "Agreement") is entered into this __ day of _____________, 2020 by and between LASSEN DEVELOPMENT PARTNERS, LLLP, a Delaware limited liability limited partnership (herein "Assignor Developer") and MPLD II INLAND EMPIRE, LLC, a Delaware limited liability company ("Assignee Developer"). Recitals A. The Assignor Developer and City of Beaumont (“City”) have entered into a City of Beaumont Hidden Canyon Amended and Restated Facilities and Fee Credit Agreement dated June 19, 2018 (“Credit Agreement”) concerning certain property more particularly described in the Credit Agreement (the “Property”). B. The Assignor Developer desires to assign its interest under the Credit Agreement to Assignee Developer, subject to the terms and conditions contained in this Agreement, if and when Assignee Developer acquires fee title to the Property (the “Effective Date”).. C. Assignee Developer desires to assume all of the Assignor Developer's obligations and other terms and conditions under the Credit Agreement on the Effective Date. Agreements NOW, THEREFORE, THE ASSIGNOR DEVELOPER AND ASSIGNEE DEVELOPER HEREBY AGREE AS FOLLOWS: 1. The Assignor Developer hereby assigns to Assignee Developer all of its right, title and interest in the Credit Agreement, on the Effective Date. Assignee Developer hereby assumes all of the burdens and obligations of the “Property Owner” under the Credit Agreement with respect Page 268 Item No.10. 2 to the Property as of the Effective Date, and agrees to observe and fully perform all of the duties and obligations of the “Property Owner” under the Credit Agreement with respect to the Property, and to be subject to all the terms and conditions thereof, it being the express intention of both the Assignee Developer and Assignor Developer that, upon the conveyance of the Property from Assignor Developer to Assignee Developer, the Assignee Developer shall become substituted for the Assignor Developer as the "Property Owner" under the Credit Agreement. 2. Assignor Developer hereby agrees to indemnify Assignee Developer against and hold Assignee Developer harmless from any and all cost, liability, loss, damage or expense, including, without limitation, reasonable attorneys’ fees (each, a “Claim” and collectively “Claims”), accruing prior to the Effective Date and arising out of a default in Assignor Developer’s obligations under the Credit Agreement. 3. Assignee Developer hereby agrees to indemnify Assignor Developer against and hold Assignor Developer harmless from any and all Claims originating or relating to the period on or after the Effective Date and arising out of Assignee Developer’s obligations under the Credit Agreement. 4. If any litigation between Assignor and Assignee arises out of the obligations of the parties under this Agreement or concerning the meaning or interpretation of any provision contained herein, the losing party shall pay the prevailing party's costs and expenses of such litigation, including, without limitation, reasonable attorneys' fees. 5. All of the covenants, terms and conditions set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and to their respective heirs, successors and assigns. 6. The City may rely upon this Agreement in consenting to the assignment of the Property hereunder; provided, that unless and until the City Council has duly adopted a resolution expressly consenting hereto, the assignment herein shall not be deemed a permitted assignment under the Credit Agreement, and the Assignee Developer shall not have the status of a recognized assignee under the Credit Agreement. 7. The effectiveness of this Agreement with respect to the Property is conditioned upon the conveyance of the Property from Assignor Developer to Assignee Developer and, if such sale does not occur by February 17, 2020, this Agreement shall be null and void. [Signatures on Following Pages] Page 269 Item No.10. [Signature Page to Assignment and Assumption of City of Beaumont Hidden Canyon Amended and Restated Facilities and Fee Credit Agreement] IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the day and year first above written. ASSIGNOR DEVELOPER: LASSEN DEVELOPMENT PARTNERS, LLLP, a Delaware limited liability limited partnership By: Lassen Development Partners GP, LLC, a Delaware limited liability company, its general partner By:___________________________ Name:_________________________ Title:__________________________ Date:__________________________ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ________________________ ) On ____________________, 20__ before me, ___________________________, Notary Public, personally appeared ________________________, ______________________ of Lassen Development Partners GP, LLC, a Delaware limited liability company, general partner of LASSEN DEVELOPMENT PARTNERS, LLLP, a Delaware limited liability limited partnership, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (seal) Page 270 Item No.10. [Signature Page to Assignment and Assumption of City of Beaumont Hidden Canyon Amended and Restated Facilities and Fee Credit Agreement] ASSIGNEE DEVELOPER: MPLD II INLAND EMPIRE, LLC, a Delaware limited liability company By: MPLD II REIT A, a Texas real estate investment trust, its sole member By: ________________________________ Name:______________________________ Title:_______________________________ Date: STATE OF TEXAS § § COUNTY OF BEXAR § This instrument was acknowledged before me on the ___ day of __________________, 20___, by _____________________, the __________________ of MPLD II REIT A, a Texas real estate investment trust , the sole member of MPLD II INLAND EMPIRE, LLC, a Delaware limited liability company, on behalf of said entities. ______________________________ Notary Public My Commission Expires: _________ Page 271 Item No.10. [Signature Page to Assignment and Assumption of City of Beaumont Hidden Canyon Amended and Restated Facilities and Fee Credit Agreement] CONSENT OF CITY The assignment provided for in the Agreement to which this Consent is attached is consented to by the City of Beaumont by City Council Resolution No. _____. No consent shall occur until such a Resolution is duly adopted by the City Council of the City of Beaumont. However, the City of Beaumont is not a party to nor bound by the Agreement or any provision of the Agreement at any time. . CITY OF BEAUMONT By: Name: Its: Date: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF __________________________ ) On ____________________, 20__ before me, ________________________________________, Notary Public, personally appeared ________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (seal) Page 272 Item No.10. [Signature Page to Assignment and Assumption of City of Beaumont Hidden Canyon Amended and Restated Facilities and Fee Credit Agreement] Page 273 Item No.10. Staff Report TO: Mayor, and City Council Members FROM: Jeff Hart, Public Works Director DATE February 4, 2020 SUBJECT: Cherry Avenue Street Improvement Project Acceptance Background and Analysis: On August 15, 2017, City Council approved a cooperative agreement between the City of Beaumont and Pardee Homes for the Cherry Avenue Street Improvement Project. (see Attachment A). At such time, the City agreed to the estimated shared cost of the improvements, not to exceed $500,000. This reimbursement to Pardee Homes shall be provided as credits to future development funds, once the project is completed and accepted. These improvements are located west of Pardee Homes Tract 31468-6, and adjacent to the Cherry Avenue drainage channel. The improvements are between 8th St, and 450 feet north of Antonell Street. The original conditions of approval for Tract 31468-6 required Pardee Homes to fully improve the east side of Cherry Avenue between the above-mentioned limits. Recognizing the benefit of utilizing a single contractor and the need for improvements on the west side of Cherry Avenue, the City entered into a cooperative agreement with Pardee Homes to facilitate completion. These improvements included a new section of asphalt and aggregate base, curb and gutter, sidewalk, driveway approaches, drainage structures, and signing and striping. Staff has verified the completion of the improvements and recommends that City Council approve and authorize the Mayor to sign the attached certificate of acceptance for the Cherry Avenue Street Improvement Project. Fiscal Impact: Beaumont’s share of the project is not to exceed $500,000. Reimbursement for the project shall be provided as credits to future development impact fees. The cost of preparing this staff report is estimated to be $450. Page 274 Item No.11. Recommended Action: Approve and authorize the Mayor to sign the attached certificate of acceptance for the Cherry Avenue Street Improvement Project. Attachments: A. Cooperative Agreement B. Certificate of Acceptance for the Cherry Avenue Street Improvement Project and street improvement plans Page 275 Item No.11. When Recorded Return Original To: City of Beaumont 550 East 6th Street Beaumont, CA 92223 NO RECORDING FEE REQUIRED PER GOVERNMENT CODE SECTION 27383 CERTIFICATE OF ACCEPTANCE NOTICE is hereby given that the CITY OF BEAUMONT, 550 East 6th Street, Beaumont, California, 92223, a municipal corporation, is owner in fee of an easement in the property hereinafter described. Said owner hereby ACCEPTS the maintenance of The Cherry Avenue Street Improvements on the property hereinafter described and that was COMPLETED on January 22, 2020 by Pardee Homes, owner. The property on which said work of improvement was completed in the City of Beaumont, County of Riverside, and State of California lying in Section(s) 5 Township 3 South, Range 1 West ___________________ ______________________________ Date Ray Santos, Mayor of the City of Beaumont, CA VERIFICATION: I the undersigned am the Mayor of the City of Beaumont, the declaring of the foregoing Notice of Completion. I have read the said Notice of Completion and know the contents thereof: The same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct. ___________________ ______________________________ Date Ray Santos, Mayor of the City of Beaumont, CA STATE OF CALIFORNIA COUNTY OF RIVERSIDE On _________________ before me, ___________________________ Notary Public, personally appeared Ray Santos, MAYOR OF THE CITY OF BEAUMONT, CALIFORNIA, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. BY: _________________________________________ (SEAL) NOTARY A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accurac y, or validity of that document. Page 276 Item No.11. Page 277 Item No.11. Page 278 Item No.11. Page 279 Item No.11. Page 280 Item No.11. Page 281 Item No.11. Page 282 Item No.11. Staff Report TO: Mayor, and City Council Members FROM: Jeff Hart, Public Works Director DATE February 4, 2020 SUBJECT: Acceptance of Irrevocable Offer of Dedication of Easement for Streetlight Maintenance and Acceptance of Streetlight Maintenance in the Four Seasons Community Background and Analysis: In August 2019, the City of Beaumont proposed a program to accept the streetlights in the gated community of Four Seasons. Upon City Council approval and acceptance , the City will be responsible for the maintenance and repairs for certain street lights within the gated community. Maintenance will be limited to the lights located along improved roadways dedicated for full common use. Staff has counted approximately 285 street lights for which it will accept (see Attachment A) within the gated community which include the following types:  Single mission bell,  Double mission bell,  LED solar, and  HPS lights. City staff will be granted access to diagnose the source of the malfunction within the light or lighting system, and to make the necessary repairs which may include lamp, ballast, photo cell, contacts, batteries or solar panel. Maintenance will not occur in parking lots, privately maintained parks, mailbox lights, digital speed signs, or similar areas. The City shall not be financially responsible or liable for any damages to streetlight attached digital speed signs. Furthermore, the Four Seasons HOA has to agree in writing an offer of dedication granting an easement for the streetlight maintenance (see Attachment B). The City will incur the monthly cost of the SCE pedestals that provide electricity to the streetlights, but limited only to the street light system. Page 283 Item No.12. Fiscal Impact: The fiscal impact to the City is estimated to be $250 per street light for which staff is initially anticipating 30 percent of the 285 total street lights for fiscal year 2019/20. The annual cost is estimated to be $21,375 for repairs, and approximately $6,100.00 annually in electrical costs which will be paid via existing CFD pay-go funds available within this area. Recommended Action: Approve the Irrevocable Offer of Dedication of Easement for Streetlight Maintenance, and Approve the Certificate of Acceptance of Streetlight Maintenance. Attachments: A. Four Seasons Exhibit-Tract Maps B. Street Light Dedication-Certificate of Acceptance C. Letter from Four Seasons HOA Page 284 Item No.12. Page 285 Item No.12. Page 286 Item No.12. Page 287 Item No.12. Page 288 Item No.12. Page 289 Item No.12. Page 290Item No.12. Page 291Item No.12. Page 292Item No.12. Page 293Item No.12. Page 294Item No.12. Page 295Item No.12. Page 296Item No.12. Page 297Item No.12. Page 298Item No.12. Page 299Item No.12. Page 300Item No.12. Page 301Item No.12. Page 302Item No.12. Page 303Item No.12. Page 304Item No.12. Staff Report TO: Mayor, and City Council Members FROM: Jeff Hart, Public Works Director DATE February 4, 2020 SUBJECT: Improvement and Credit / Reimbursement Agreement for Transportation Uniform Mitigation Fee’s between the City of Beaumont and Pardee Homes for the Oak Valley Interchange Project Background and Analysis: The Oak Valley Interchange Project (Project) consists of design engineering of a new partial cloverleaf interchange at Oak Valley Parkway and Interstate 10. The preliminary layout design is as shown in Attachment A. The City of Beaumont (City) is a member agency of the Western Riverside Council of Governments (WRCOG), a joint powers agency comprised of the County of Riverside and 18 cities located in Western Riverside County. WRCOG is the administrator for the Transportation Uniform Mitigation Fee (TUMF) Program. As part of the TUMF Program, the City has adopted the “Transportation Uniform Mitigation Fee Nexus Study: 2016 Update.” Pardee Homes has requested from the City certain entitlements and/or permits for the construction of improvements. Pursuant to the TUMF Program, the City requires the developer to pay the TUMF fees which covers the developer’s fair share of the costs to deliver TUMF improvements. This helps mitigate the project’s traffic impacts and burdens on the regional system of highways and arterials generated by the project. These are intended to coordinate regional transportation improvements to mitigate congestion. As an option, and in lieu of paying TUMF, the developer can complete improvements listed on the TUMF nexus study and obtain credit for the improvements. Project costs allocated in the TUMF nexus study for the engineering design for the Project are $6,390,000. This agreement will provide the developer TUMF credits not to exceed the amount of the maximum TUMF valuation. It is anticipated that the City will develop a request for proposals for the design engineering of the Project and subsequently enter Page 305 Item No.13. into a professional services agreement with the successful respondent. The developer will reimburse the City for project related expenses on a routine basis until the Project is complete in order to obtain the specified TUMF credit. Staff is recommending approval of the Improvement and Credit / Reimbursement Agreement between the City of Beaumont and Pardee Homes for the Project in an amount not to exceed $6,390,000. A copy of the agreement has been reviewed by WRCOG whom is in concurrence with the attached credit agreement (Attachment B). Fiscal Impact: The Agreement provides for WRCOG TUMF fee credits to be granted based on the engineering design of TUMF facilities. All TUMF credits and terms are subject to the applicable administrative rules and written approval of WRCOG. This agreement does not provide for any credits of City fees. City staff estimates the cost to prepare this agreement to be approximately $2,000. Recommended Action: Approve the Improvement and Credit / Reimbursement Agreement between the City of Beaumont and Pardee Homes for the Oak Valley Interchange Project and authorize the Mayor to execute the agreement. Attachments: A. Facility Map B. Agreement between the City of Beaumont and Pardee Homes for the Oak Valley Interchange Project Page 306 Item No.13. Page 307Item No.13. 20323.00004\30163105.2 IMPROVEMENT AND CREDIT / REIMBURSEMENT AGREEMENT TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM This IMPROVEMENT AND CREDIT AGREEMENT (“Agreement”) is entered into this ___ day of ___________________, 20___, (the “Effective Date”) by and between the the City of Beaumont of, a California municipal corporation (“AGENCY” or “City”), and Pardee Homes, a California corporation, with its principal place of business at 1250 Corona Pointe Court, #600, Corona, CA 92879 (“Developer”). AGENCY and Developer are sometimes hereinafter referred to individually as “Party” and collectively as “Parties”. RECITALS WHEREAS, Developer owns 1,500 acres of real property located within the AGENCY, which is more specifically described in the legal description set forth in Exhibit “A”, attached hereto and incorporated herein by this reference (“Property”); WHEREAS, Developer has requested from AGENCY-certain entitlements and/or permits for the construction of improvements on the Property, which are more particularly described as Sundance and Tournament Hills (“Project”); WHEREAS, the AGENCY is a member agency of the Western Riverside Council of Governments (“WRCOG”), a joint powers agency comprised of the County of Riverside and 18 cities located in Western Riverside County. WRCOG is the administrator for the Transportation Uniform Mitigation Fee (“TUMF”) Program; WHEREAS, as part of the TUMF Program, the AGENCY has adopted “Transportation Uniform Mitigation Fee Nexus Study: 2016 Update” (“2016 Nexus Study”) WHEREAS, as a condition to AGENCY’s approval of the Project, AGENCY has required Developer to mitigate traffic impacts to streets and transportation system improvement(s) of regional importance that are included in the TUMF program, and, as a mitigation of traffic impacts of the Project, Developer has agreed to prepare plans, specifications and estimates (PS&E) for certain street and transportation system improvement(s) of regional importance (“TUMF Improvements”); WHEREAS, pursuant to the TUMF Program, the AGENCY requires Developer to pay the TUMF which covers the Developer’s fair share of the costs to deliver those TUMF Improvements that help mitigate the Project’s traffic impacts and burdens on the Regional System of Highways and Arterials (also known as the “TUMF Network”), generated by the Project and that are necessary to protect the safety, health and welfare of persons that travel to and from the Project using the TUMF Network; WHEREAS, the TUMF Improvements have been designated as having Regional or Zonal Significance as further described in the 2016 Nexus Study and the 5 year Transportation Improvement Program as may be amended; WHEREAS, AGENCY and Developer now desire to enter into this Agreement for the following purposes: (1) to provide for the timely delivery of the TUMF Improvements, (2) to Page 308 Item No.13. 20323.00004\30163105.2 -2- ensure that delivery of the TUMF Improvements is undertaken as if the TUMF Improvements were constructed under the direction and authority of the AGENCY, (3) to provide a means by which the Developer’s costs for project delivery of the TUMF Improvements and related right -of-ways is offset against Developer’s obligation to pay the applicable TUMF for the Project in accordance with the TUMF Administrative Plan adopted by WRCOG, and (4) to provide a means, subject to the separate approval of WRCOG, for Developer to be reimbursed to the extent the actual and authorized costs for the delivery of the TUMF Improvements exceeds Developer's TUMF obligation. NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, Developer and AGENCY hereby agree as follows: TERMS 1.0 Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein. 2.0 Construction of TUMF Improvements. Developer shall construct or have constructed at its own cost, expense, and liability certain street and transportation system improvements generally described as the preparation of plans, specifications and estimates for the Oak Valley/Interstate 10 Interchange project, including the design for environmental mitigation and utility relocation and as shown more specifically on the plans, profiles, and specifications which have been or will be prepared by or on behalf of Developer and approved by AGENCY, and which are incorporated herein by this reference (“TUMF Improvements”). Construction of the TUMF Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. Developer shall be responsible for the replacement, relocation, or removal of any component of any existing public or private improvement in conflict with the construction or installation of the TUMF Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of AGENCY and the owner of such improvement. Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary to fully and adequately complete the TUMF Improvements. 2.1 Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any portion of the TUMF Improvements until all plans and specifications for the TUMF Improvements have been submitted to and approved by AGENCY. Approval by AGENCY shall not relieve Developer from ensuring that all TUMF Improvements conform with all other requirements and standards set forth in this Agreement. 2.2 Permits and Notices. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give al l necessary and incidental notices required for the lawful construction of the TUMF Improvements and performance of Developer’s obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer. Page 309 Item No.13. 20323.00004\30163105.2 -3- 2.3 Public Works Requirements. In order to insure that the TUMF Improvements will be constructed as if they had been constructed under the direction and supervision, or under the authority of, AGENCY, Developer shall comply with all of the following requirements with respect to the construction of the TUMF Improvements: (a) Developer shall obtain bids for the construction of the TUMF Improvements, in conformance with the standard procedures and requirements of AGENCY with respect to its public works projects, or in a manner which is approved by the Public Works Department. (b) The contract or contracts for the construction of the TUMF Improvements shall be awarded to the responsible bidder(s) submitting the lowest responsive bid(s) for the construction of the TUMF Improvements. (c) Developer shall require, and the specifications and bid and contract documents shall require, all such contractors to pay prevailing wages (in accordance with Articles 1 and 2 of Chapter 1, Part 7, Division 2 of the Labor Code) and to otherwise comply with applicable provisions of the Labor Code, the Government Code and the Public Contract Code relating to public works projects of cities/counties and as required by the procedures and standards of AGENCY with respect to the construction of its public works projects or as otherwise directed by the Public Works Department. (d) All such contractors shall be required to provide proof of insurance coverage throughout the term of the construction of the TUMF Improvements which they will construct in conformance with AGENCY’s standard procedures and requirements. (e) Developer and all such contractors shall comply with such other requirements relating to the construction of the TUMF Improvements which AGENCY may impose by written notification delivered to Developer and each such contractor at any time, either prior to the receipt of bids by Developer for the construction of the TUMF Improvements, or, to the extent required as a result of changes in applicable laws, during the progress of construction thereof. Developer shall provide proof to AGENCY, at such intervals and in such form as AGENCY may require that the foregoing requirements have been satisfied as to the TUMF Improvements. 2.4 Quality of Work; Compliance With Laws and Codes. The construction plans and specifications for the TUMF Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements. The TUMF Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with AGENCY, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced. 2.5 Standard of Performance. Developer and its contractors, if any, shall perform all work required, constructing the TUMF Improvements in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors Page 310 Item No.13. 20323.00004\30163105.2 -4- shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and app rovals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement. 2.6 Alterations to TUMF Improvements. All work shall be done and the TUMF Improvements completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation it is determined that the public interest requires alterations in the TUMF Improvements, Developer shall undertake such design and construction changes as may be reasonably required by AGENCY. Any and all alterations in the plans and specifications and the TUMF Improvements to be completed may be accomplished without first giving prior notice thereof to Developer’s surety for this Agreement. 2.7 Assignment of Work Product. Developer will assign all rights to work product under the contracts for the design of the TUMF Improvements to the AGENCY. 3.0 Maintenance of TUMF Improvements. AGENCY shall not be responsible or liable for the maintenance or care of the TUMF Improvements until AGENCY approves and accepts them. AGENCY shall exercise no control over the TUMF Improvements until accepted. Any use by any person of the TUMF Improvements, or any portion thereof, shall be at the sole and exclusive risk of Developer at all times prior to AGENCY’s acceptance of the TUMF Improvements. Developer shall maintain all of the TUMF Improvements in a state of good repair until they are completed by Developer and approved and accepted by AGENCY, and until the security for the performance of this Agreement is released. It shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by AGENCY. If Developer fails to properly prosecute its maintenance obligation under this section, AGENCY may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. AGENCY shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the TUMF Improvements or their condition prior to acceptance. 4.0 Fees and Charges. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of the construction of the TUMF Improvements, including, but not limited to, all plan check, design review, engineering, inspection, sewer treatment connection fees, and other service or impact fees established by AGENCY. 5.0 AGENCY Inspection of TUMF Improvements. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the TUMF Improvements, maintain reasonable and safe facilities and provide safe access for inspection by AGENCY of the TUMF Improvements and areas where construction of the TUMF Improvements is occurring or will occur. 6.0 Liens. Upon the expiration of the time for the recording of claims of liens as prescribed by Sections 8412 and 8414 of the Civil Code with respect to the TUMF Improvements, Developer shall provide to AGENCY such evidence or proof as AGENCY shall require that all persons, firms and corporations supplying work, labor, materials, supplies and equipment to the cons truction of the TUMF Improvements, have been paid, and that no claims of liens have been recorded by or on Page 311 Item No.13. 20323.00004\30163105.2 -5- behalf of any such person, firm or corporation. Rather than await the expiration of the said time for the recording of claims of liens, Developer may elect to provide to AGENCY a title insurance policy or other security acceptable to AGENCY guaranteeing that no such claims of liens will be recorded or become a lien upon any of the Property. 7.0 Acceptance of TUMF Improvements; As-Built or Record Drawings. If the TUMF Improvements are properly completed by Developer and approved by AGENCY, and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements, AGENCY shall be authorized to accept the TUMF Improvements. AGENCY may, in its sole and absolute discretion, accept fully completed portions of the TUMF Improvements prior to such time as all of the TUMF Improvements are complete, which shall not release or modify Developer’s obligation to complete the remainder of the TUMF Improvements. Upon the total or partial acceptance of the TUMF Improvements by AGENCY, Developer shall file with the Recorder’s Office of the County of Riverside a notice of completion for the accepted TUMF Improvements in accordance with California Civil Code sections 8182, 8184, 9204, and 9208 (“Notice of Completion”), at which time the accepted TUMF Improvements shall become the sole and exclusive property of AGENCY without any payment therefore. Notwithstanding the foregoing, AGENCY may not accept any TUMF Improvements unless and until Developer provides one (1) set of “as-built” or record drawings or plans to the AGENCY for all such TUMF Improvements. The drawings shall be certified and shall reflect the conditi on of the TUMF Improvements as constructed, with all changes incorporated therein. 8.0 Warranty and Guarantee. Developer hereby warrants and guarantees all the TUMF Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of the TUMF Improvements, for a period of one (1) year following completion of the work and acceptance by AGENCY (“Warranty”). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the TUMF Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of AGENCY, and to the approval of AGENCY. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any TUMF Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following AGENCY’s acceptance of the repaired, replaced, or reconstructed TUMF Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any TUMF Improvement following expiration of the Warranty or any extension thereof. Developer’s warranty obligation under this section shall survive the expiration or termination of this Agreement. 9.0 Administrative Costs. If Developer fails to construct and install all or any part of the TUMF Improvements, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to AGENCY for all administrative expenses, fees, and costs, including reasonable attorney’s fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law. 10.0 Default; Notice; Remedies. Page 312 Item No.13. 20323.00004\30163105.2 -6- 10.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if AGENCY determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, AGENCY may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation (“Notice”). Developer shall substantially commence the work required to remedy the default or violation within five (5) days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, AGENCY may provide the Notice verbally, and Developer shall substantially commence the required work within twenty- four (24) hours thereof. Immediately upon AGENCY’s issuance of the Notice, Developer and its surety shall be liable to AGENCY for all costs of construction and installation of the TUMF Improvements and all other administrative costs or expenses as provided for in this Section 10.0 of this Agreement. 10.2 Failure to Remedy; AGENCY Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to AGENCY within the time frame contained in the Notice, AGENCY may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. AGENCY’s right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any of the TUMF Improvements at the time of AGENCY’s demand for performance. In the event AGENCY elects to complete or arrange for completion of the remaining work and the TUMF Improvements, AGENCY may require all work by Developer or its surety to cease in order to allow adequate coordination by AGENCY. 10.3 Other Remedies. No action by AGENCY pursuant to this Section 10.0 et seq. of this Agreement shall prohibit AGENCY from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. AGENCY may exercise its rights and remedies independently or cumulatively, and AGENCY may pursue inconsistent remedies. AGENCY may institute an action for damages, injunctive relief, or specific performance. 11.0 Security; Surety Bonds. Prior to the commencement of any work on the TUMF Improvements, Developer or its contractor shall provide AGENCY with surety bonds in the amounts and under the terms set forth below (“Security”). The amount of the Security shall be based on the estimated actual costs to construct the TUMF Improvements, as determined by AGENCY after Developer has awarded a contract for construction of the TUMF Improvements to the lowest responsive and responsible bidder in accordance with this Agreement (“Estimated Costs”). If AGENCY determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer or its contractor shall adjust the Security in the amount requested by AGENCY. Developer’s compliance with this Section 11.0 et seq. of this Agreement shall in no way limit or modify Developer’s indemnification obligation provided in Section 12.0 of this Agreement. Page 313 Item No.13. 20323.00004\30163105.2 -7- 11.1 Performance Bond. To guarantee the faithful performance of the TUMF Improvements and all the provisions of this Agreement, to protect AGENCY if Developer is in default as set forth in Section 10.0 et seq. of this Agreement, and to secure the one-year guarantee and warranty of the TUMF Improvements, Developer or its contractor shall provide AGENCY a faithful performance bond in an amount which sum shall be not less than one hundred percent (100%) of the Estimated Costs. The AGENCY may, in its sole and absolute discretion, partially release a portion or portions of the security provided under this section as the TUMF Improvements are accepted by AGENCY, provided that Developer is not in default on any provision of this Agreement and the total remaining security is not less than one hundred percent (100%) of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 11.0 of this Agreement, provided that Developer is not in default on any provision of this Agreement. 11.2 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, materialmen, and other persons furnishing labor, materials, or equipment for performance of the TUMF Improvements and this Agreement, Developer or its contractor shall provide AGENCY a labor and materials bond in an amount which sum shall not be less than one hundred percent (100%) of the Estimated Costs. The security provided under this section may be released by written authorization of AGENCY after six (6) months from the date AGENCY accepts the TUMF Improvements. The amount of such security shall be reduced by the total of all stop notice or mechanic’s lien claims of which AGENCY is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of AGENCY’s anticipated administrative and legal expenses arising out of such claims. 11.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best rating of at least “A” and FSC-VIII, shall be licensed to do business in California, and shall be satisfactory to AGENCY. As part of the obligation secured by the Security and in addition to the face amount of the Security, Developer, its contractor or the surety shall secure the costs and reasonable expenses and fees, including reasonable attorney’s fees and costs, incurred by AGENCY in enforcing the obligations of this Agreement. Developer, its contractor and the surety shall stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the TUMF Improvements, or the plans and specifications for the TUMF Improvements shall in any way affect its obligation on the Security. 11.4 Evidence and Incorporation of Security. Evidence of the Security shall be provided on the forms set forth in Exhibit “B”, unless other forms are deemed acceptable by the AGENCY, and when such forms are completed to the satisfaction of AGENCY, the forms and evidence of the Security shall be attached hereto as Exhibit “B” and incorporated herein by this reference. 12.0 Indemnification. Developer shall defend, indemnify, and hold harmless AGENCY, the Western Riverside Council of Governments (WRCOG), their elected officials, board members, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its employees, contractors, or agents in connection with the performance of this Agreement, or arising out of or in any way related to or caused by the TUMF Improvements or their condition Page 314 Item No.13. 20323.00004\30163105.2 -8- prior to AGENCY’s approval and acceptance of the TUMF Improvements (“Claims”). This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys fees, and related costs or expenses, and the reimbursement of AGENCY, WRCOG, their elected officials, board members, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any Claim which is caused solely and exclusively by the negligence or willful misconduct of AGENCY as determined by a court or administrative body of competent jurisdiction. Developer’s obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by AGENCY, WRCOG, their elected officials, board members, employees, or agents. 13.0 Insurance. 13.1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during performance of this Agreement, insurance of the types and in the amounts described below (“Required Insurance”). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit. 13.1.1 General Liability. Occurrence form general liability insurance at least as broad as Insurance Services Office Form CG 00 01, or equivalent form, with an occurance limit of Two Million Dollars ($2,000,000) and aggregate limit of Four Million Dollars ($4,000,000) for bodily injury, personal injury, and property damage. 13.1.2 Business Automobile Liability. Business automobile liability insurance at least as broad as Insurance Services Office Form CA 00 01 (coverage symbol 1 – any auto), or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any auto owned, leased, hired, or borrowed by the insured or for which the insured is responsible. 13.1.3 Workers’ Compensation. Workers’ compensation insurance with limits as required by the Labor Code of the State of California and employers’ liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence, at all times during which insured retains employees. 13.1.4 Professional Liability. For any consultant or other professional who will engineer or design the TUMF Improvements, liability insurance for errors and omissions with limits not less than Two Million Dollars ($2,000,000) per occurrence, shall be procured and maintained for a period of five (5) years following completion of the TUMF Improvements. Such insurance shall be endorsed to include contractual liability. 13.2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by AGENCY. At the option of AGENCY, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects AGENCY, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial Page 315 Item No.13. 20323.00004\30163105.2 -9- guarantee satisfactory to AGENCY guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses. 13.3 Additional Insured; Separation of Insureds. The Required Insurance, except for the professional liability and workers’ compensation insurance, shall name AGENCY, WRCOG, their elected officials, board members, officers, employees, and agents as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including any materials, parts, or equipment furnished in connection therewith. For Required Insurance provided by Developer’s contractors, WRCOG shall be added as an additional insured using ISO CG 2038 or an exact equivalent. The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to AGENCY, WRCOG, their elected officials, board members, officers, employees, or agents. 13.4 Primary Insurance; Waiver of Subrogation. The Required Insurance, except for the professional liability and workers’ compensation insurance shall be primary with respect to any insurance or self-insurance programs covering AGENCY, WRCOG, their elected officials, board members, officers, employees, or agents. The Required Insurance, except for the professional liability insurance, shall provide that the insurance company waives all right of recovery by way of subrogation against AGENCY and WRCOG in connection with any damage or harm covered by such policy. 13.5 Certificates; Verification. Developer and its contractors shall furnish AGENCY with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by AGENCY before work pursuant to this Agreement can begin. AGENCY reserves the right to require complete, certified copies of all required insurance policies, at any time. 13.6 Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on thirty (30) days’ prior written notice to AGENCY. If such notice of cancellation endorsements are unavailable, Developer shall provide such thirty (30) days’ written notice of cancellation. 13.7 Insurer Rating. Unless approved in writing by AGENCY, all Required Insurance shall be placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least “A” and FSC-VIII. 14.0 TUMF Credit. 14.1 Developer’s TUMF Obligation. Developer hereby agrees and accepts that as of the date of this Agreement, the amount Developer is obligated to pay to AGENCY pursuant to Ordinance No. 1091 as part of the TUMF Program is Ten Million Four Hundred Twenty Five Thousand Seven Hundred and Seventy Five Dollars ($10,425,775.00) (“TUMF Obligation”). This TUMF Obligation shall be initially determined under the TUMF fee schedule in effect for the Page 316 Item No.13. 20323.00004\30163105.2 -10- AGENCY at the time the Developer submits a building permit application for the TUMF Improvement. Notwithstanding, this TUMF Obligation does not have to be paid until the Certificate of Occupancy is obtained. 14.2 Fee Adjustments. Notwithstanding the foregoing, Developer agrees that this Agreement shall not estop AGENCY from adjusting the TUMF in accordance with the provisions of Ordinance No. 1091. 14.3 Credit Offset Against TUMF Obligation. Pursuant to Ordinance No. 1091 and in consideration for Developer's obligation under this Agreement for the delivery of TUMF Improvements, credit shall be applied by AGENCY to offset the TUMF Obligation (“Credit”) subject to adjustment and reconciliation under Section 14.5 of this agreement. Developer hereby agrees that the amount of the Credit shall be applied after Developer has initiated the process of project delivery of TUMF Improvements to the lowest responsible bidder in accordance with this Agreement. Developer further agrees that the dollar amount of the Credit shall be equal to the lesser of: (A) the bid amount set forth in the contract awarded to the lowest responsible bidder, or (B) the unit cost assumptions for the TUMF Improvement in effect at the time of the contract award, as such assumptions are identified and determined in the most recent TUMF Nexus Study and the TUMF Administrative Plan adopted by WRCOG (“Unit Cost Assumptions”). The unit cost assumptions for the TUMF Improvements is currently estimated to be the sum of Six Million Three Hundred Ninety Thousand ($6,390,000). The bid amount and the Unit Cost Assumptions shall hereafter be collectively referred to as “Estimated Credit”. At no time will the Credit exceed the Developer’s TUMF Obligation. If the dollar amount of the Estimated Credit exceeds the dollar amount of the TUMF Obligation, Developer will be deemed to have completely satisfied its TUMF Obligation for the Project and may apply for a reimbursement agreement, to the extent applicable, as provided in Section 14.6 of this Agreement. If the dollar amount of the Estimated Credit is less than the dollar amount of the TUMF Obligation, the Developer agrees the Credit shall be applied to offset the TUMF Obligation as follows: (i) For residential units in the Project, the Credit shall be applied to all residential units to offset and/or satisfy the TUMF Obligation. The residential units for which the TUMF Obligation has been offset and/or satisfied by use of the Credit, and the amount of offset applicable to each unit, shall be identified in the notice provided to the Developer by AGENCY pursuant to this section. (ii) For commercial and industrial structures in the Project, the Credit shall be applied to all commercial and industrial development to offset and/or satisfy the TUMF Obligation. The commercial or industrial structure(s) for which the TUMF Obligation has been offset and/or satisfied by use of the Credit, and the amount of offset applicable to such structure(s), shall be identified in the notice provided to the Developer by AGENCY pursuant to this section. AGENCY shall provide Developer written notice of the determinations that AGENCY makes pursuant to this section, including how the Credit is applied to offset the TUMF Obligation as described above. Page 317 Item No.13. 20323.00004\30163105.2 -11- 14.4 Verified Cost of the TUMF Improvements. Upon recordation of the Notice of Completion for the TUMF Improvements and acceptance of the TUMF Improvements by AGENCY, Developer shall submit to the AGENCY Public Works Director the information set forth in the attached Exhibit “C”. The AGENCY Public Works Director, or his or her designee, shall use the information provided by Developer to calculate the total actual costs incurred by Developer in delivering the TUMF Improvements covered under this Agreement (“Verified Costs”). The AGENCY Public Works Director will use his or her best efforts to determine the amount of the Verified Costs and provide Developer written notice thereof within thirty (30) calendar days of receipt of all the required information from Developer. 14.5 Reconciliation; Final Credit Offset Against TUMF Obligation. The Developer is aware of and accepts the fact that Credits are speculative and conceptual in nature. The actual amount of Credit that shall be applied by AGENCY to offset the TUMF Obligation shall be equal to the lesser of: (A) the Verified Costs or (B) Unit Cost Assumptions for the TUMF Improvements as determined in accordance with Section 14.3 of this Agreement (“Actual Credit”). No Actual Credit will be awarded until the Verified Costs are determined through the reconciliation process. Please be advised that while a Developer may use an engineer’s estimates in order to estimate Credits for project planning purposes, the Actual Credit awarded will only be determined by the reconciliation process. (a) TUMF Balance. If the dollar amount of the Actual Credit is less than the dollar amount of the TUMF Obligation, the AGENCY Public Works Director shall provide written notice to Developer of the amount of the difference owed (“TUMF Balance”) and Developer shall pay the TUMF Balance in accordance with Ordinance No. 1091 to fully satisfy the TUMF Obligation. (b) TUMF Reimbursement. If the dollar amount of the Actual Credit exceeds the TUMF Obligation, Developer will be deemed to have fully satisfied the TUMF Obligation for the Project and may apply for a reimbursement agreement, to the extent applicable, as provided in Section 14.6 of this Agreement. AGENCY shall provide Developer written notice of the determinations that AGENCY makes pursuant to this section. (c) TUMF Overpayment. If the dollar amount of the Actual Credit exceeds the Estimated Credit, but is less than the TUMF Obligation, but the Actual Credit plus additional monies collected by AGENCY from Developer for the TUMF Obligation exceed the TUMF Obligation (“TUMF Overpayment”), Developer will be deemed to have fully satisfied the TUMF Obligation for the Project and may be entitled to a refund. The AGENCY’s Public Works Director shall provide written notice to WRCOG and the Developer of the amount of the TUMF Overpayment and AGENCY shall direct WRCOG to refund the Developer in accordance with Ordinance No. 1091. 14.6 Reimbursement Agreement. If authorized under either Section 14.3 or Section 14.5 Developer may apply to AGENCY and WRCOG for a reimbursement agreement for the amount by which the Actual Credit exceeds the TUMF Obligation, as determined pursuant to Section 14.3 of this Agreement, Ordinance No. 1091 and the TUMF Administrative Plan adopted by WRCOG (“Reimbursement Agreement”). If AGENCY and WRCOG agree to a Reimbursement Agreement with Developer, the Reimbursement Agreement shall be executed on the form set forth in Exhibit Page 318 Item No.13. 20323.00004\30163105.2 -12- “D,” and shall contain the terms and conditions set forth therein. The Parties agree that the Reimbursement Agreement shall be subject to all terms and conditions of this Agreement, and that upon execution, an executed copy of the Reimbursement Agreement shall be attached hereto and shall be incorporated herein as a material part of this Agreement as though fully set forth herein. 15.0 Miscellaneous. 15.1 Assignment. Developer may, as set forth herein, assign all or a portion of its rights pursuant to this Agreement to a purchaser of a portion or portions of the Property ("Assignment"). Developer and such purchaser and assignee ("Assignee") shall provide to AGENCY such reasonable proof as it may require that Assignee is the purchaser of such portions of the Property. Any assignment pursuant to this Section shall not be effective unless and until Developer and Assignee have executed an assignment agreement with AGENCY in a form reasonably acceptable to AGENCY, whereby Developer and Assignee agree, except as may be otherwise specifically provided therein, to the following: (1) that Assignee shall receive all or a portion of Developer's rights pursuant to this Agreement, including such credit as is determined to be applicable to the portion of the Property purchased by Assignee pursuant to Section 14.0 et seq. of this Agreement, and (2) that Assignee shall be bound by all applicable provisions of this Agreement. 15.2 Relationship Between the Parties. The Parties hereby mutually agree that this Agreement shall not operate to create the relationship of partnership, joint venture, or agency between or among AGENCY. WRCOG and Developer. Developer’s contractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of AGENCY. This Agreement shall be interpreted and administered in a manner consistent with the TUMF Administrative Plan in effect at the time this Agreement is executed. 15.3 Warranty as to Property Ownership; Authority to Enter Agreement. Developer hereby warrants that it owns fee title to the Property and that it has the legal capacity to enter into this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party. 15.4 Prohibited Interests. Developer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Developer, to solicit or secure this Agreement. Developer also warrants that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Developer, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon the making of this Agreement. For breach of this warranty, AGENCY shall have the right to rescind this Agreement without liability. 15.5 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice: To AGENCY: City of Beaumont Attn: City Manager, City Clerk 550 E. 6th Street Page 319 Item No.13. 20323.00004\30163105.2 -13- Beaumont, CA 92223 Fax No. (951) 769-8526 To Developer: Pardee Homes Attn: Mike Taylor, Jeff Chambers 1250 Corona Pointe Court, Suite 600 Corona, CA 92879 Fax No. (951) 428-4410 Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U .S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail. 15.6 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 15.7 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and contractors of Developer, except as otherwise specified in this Agreement. All references to AGENCY include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 15.8 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 15.9 Termination. This Agreement shall terminate 10 years after the Effective Date, unless extended in writing by the Parties. In addition, this Agreement shall terminate 5 years after the Effective Date in the event that the TUMF Improvements as specified in the Credit Agreement is not commenced within 5 years of the Effective Date.. 15.9.1 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise. 15.9.2 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation. Page 320 Item No.13. 20323.00004\30163105.2 -14- 15.9.3 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 15.9.4 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 15.9.5 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal actio n or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Riverside, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394. 15.9.6 Time is of the Essence. Time is of the essence in this Agreement, and the Parties agree to execute all documents and proceed with due diligence to complete all covenants and conditions. 15.9.7 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. 15.9.8 Entire Agreement. This Agreement contains the entire agreement between AGENCY and Developer and supersedes any prior oral or written statements or agreements between AGENCY and Developer. [SIGNATURES OF PARTIES ON NEXT PAGE] Page 321 Item No.13. 20323.00004\30163105.2 -15- IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. DEVELOPER: PARDEE HOMES By: ______________________________________ Its: _______________________________________ ATTEST: By: ________________________________ Its: ________________________________ AGENCY: CITY OF BEAUMONT By: ______________________________________ Its: _______________________________________ ATTEST: By: ________________________________ Its: ________________________________ Page 322 Item No.13. EXHIBIT A-1 20323.00004\30163105.2 EXHIBIT “A” LEGAL DESCRIPTION OF PROPERTY [ATTACH BEHIND THIS PAGE] Page 323 Item No.13. EXHIBIT B-1 20323.00004\30163105.2 EXHIBIT “B” FORMS FOR SECURITY [ATTACHED BEHIND THIS PAGE] Page 324 Item No.13. EXHIBIT B-2 20323.00004\30163105.2 BOND NO. ___________________ INITIAL PREMIUM: ___________________ SUBJECT TO RENEWAL PERFORMANCE BOND WHEREAS, the City of Beaumont (“AGENCY”) has executed an agreement with Pardee Homes (hereinafter “Developer”), requiring Developer to perform certain work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of street and transportation system improvements (hereinafter the “Work”); WHEREAS, the Work to be performed by Developer is more particularly set forth in that certain TUMF Improvement and Credit/Reimbursement Agreement dated ___________________________, (hereinafter the “Agreement”); and WHEREAS, the Agreement is hereby referred to and incorporated herein by this reference; and WHEREAS, Developer or its contractor is required by the Agreement to provide a good and sufficient bond for performance of the Agreement, and to guarantee and warranty the Work constructed thereunder. NOW, THEREFORE, we the undersigned, City of Beaumont, as Principal and Pardee Homes, a corporation organized and existing under the laws of the State of California and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the AGENCY in the sum of Six Million Three Hundred Ninety Thousand ($6,390,000), said sum being not less than one hundred percent (100%) of the total cost of the Work as set forth in the Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such, that if Developer and its contractors, or their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless AGENCY, its officers, employees, and agents, as stipulated in the Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by AGENCY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Agreement or to the Work to be performed thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or Page 325 Item No.13. EXHIBIT B-3 20323.00004\30163105.2 addition to the terms of the Agreement or to the Work. IN WITNESS WHEREOF, we have hereto set our hands and seals this ____ day on _____________________, 20__. ________________________________ Principal By: ___________________________ President ________________________________ Surety By: ___________________________ Attorney-in-Fact Page 326 Item No.13. EXHIBIT B-4 20323.00004\30163105.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 STATE OF CALIFORNIA ) COUNTY OF ) On , before me, , Date Here Insert Name and Title of the Officer personally appeared , Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signa ture of Notary Public Place Notary Seal Above ____________________________________OPTIONAL____________________________________ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title of Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: Corporate Officer – Title(s): Partner - LimitedGeneral  Individual Attorney in Fact  Trustee Guardian or Conservator Signer’s Name: Corporate Officer – Title(s): Partner - LimitedGeneral  Individual Attorney in Fact  Trustee Guardian or Conservator A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Page 327 Item No.13. EXHIBIT B-5 20323.00004\30163105.2 CERTIFICATE AS TO CORPORATE PRINCIPAL I, _____________________________, certify that I am the ________________ Secretary of the corporation named as principal in the attached bond, that _____________________________________ who signed the said bond on behalf of the principal was then ____________________________________ of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) _________________________________ Signature _____________________ Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto.  Other: Signer is Representing:  Other: Signer is Representing: Page 328 Item No.13. EXHIBIT B-6 20323.00004\30163105.2 BOND NO. ___________________ INITIAL PREMIUM: ___________________ SUBJECT TO RENEWAL LABOR & MATERIAL BOND WHEREAS, the City of Beaumont (“AGENCY”) has executed an agreement with Pardee Homes (hereinafter “Developer”), requiring Developer to perform certain work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of street and transportation system improvements (hereinafter “Work”); WHEREAS, the Work to be performed by Developer is more particularly set forth in that certain Improvement and Credit / Reimbursement Agreement dated ___________________________, (hereinafter the “Agreement”); and WHEREAS, Developer or its contractor is required to furnish a bond in connection with the Agreement providing that if Developer or any of his or its contractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney’s fee in case suit is brought on the bond. NOW, THEREFORE, we the undersigned, City of Beaumont, as Principal and Pardee Homes, a corporation organized and existing under the laws of the State of California and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the AGENCY and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the said Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said Work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid, the sum of Six Million Three Hundred Ninety Thousand ($6,390,000), said sum being not less than 100% of the total amount payable by Developer under the terms of the Agreement, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if Developer or its contractors, or their heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. Page 329 Item No.13. EXHIBIT B-7 20323.00004\30163105.2 In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys’ fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 8024, 8400, 8402, 8404, 8430, 9100 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the Agreement or to the Work to be performed thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work. IN WITNESS WHEREOF, we have hereto set our hands and seals this ____ day on _____________________, 20__. ________________________________ Principal By: ___________________________ President ________________________________ Surety By: ___________________________ Attorney-in-Fact Page 330 Item No.13. EXHIBIT B-8 20323.00004\30163105.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 STATE OF CALIFORNIA ) COUNTY OF ) On , before me, , Date Here Insert Name and Title of the Officer personally appeared , Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signa ture of Notary Public Place Notary Seal Above ____________________________________OPTIONAL____________________________________ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title of Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: Corporate Officer – Title(s): Partner - LimitedGeneral  Individual Attorney in Fact  Trustee Guardian or Conservator Signer’s Name: Corporate Officer – Title(s): Partner - LimitedGeneral  Individual Attorney in Fact  Trustee Guardian or Conservator A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Page 331 Item No.13. EXHIBIT B-9 20323.00004\30163105.2 CERTIFICATE AS TO CORPORATE PRINCIPAL I, _____________________________, certify that I am the ________________ Secretary of the corporation named as principal in the attached bond, that _____________________________________ who signed the said bond on behalf of the principal was then ____________________________________ of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) _________________________________ Signature _____________________ Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto.  Other: Signer is Representing:  Other: Signer is Representing: Page 332 Item No.13. EXHIBIT C-1 20323.00004\30163105.2 EXHIBIT “C” DOCUMENTATION TO BE PROVIDED TO AGENCY BY DEVELOPER FOR DETERMINATION OF CONSTRUCTION COSTS To assist AGENCY in determining the Construction Costs for a completed TUMF Improvement, Developer shall provide the following documents to AGENCY: 1. Plans, specifications and Developer’s civil engineer’s cost estimate; 2. List of bidders from whom bids were requested; 3. Construction schedules and progress reports; 4. Contracts, insurance certificates and change orders with each contractor or vendor; 5. Invoices received from all vendors; 6. Canceled checks for payments made to contractors and vendors (copy both front and back of canceled checks); 7. Spreadsheet showing total costs incurred in and related to the construction of each TUMF Improvement and the check number for each item of cost and invoice; 8. Final lien releases from each contractor and vendor; and 9. Such further documentation as may be reasonably required by AGENCY to evidence the completion of construction and the payment of each item of cost and invoice. Page 333 Item No.13. EXHIBIT D-1 20323.00004\30163105.2 EXHIBIT “D” REIMBURSEMENT AGREEMENT TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM THIS REIMBURSEMENT AGREEMENT (“Agreement”) is entered into this ___ day of ___________________, 20___, by and between the [INSERT “City” OR “County”] of ___________, [**INSERT “a California municipal corporation” FOR CITY OR “a subdivision of the State of California” FOR COUNTY**] (“AGENCY”), and ________________________________, a California [**INSERT TYPE OF ENTITY - corporation, partnership, sole proprietorship or other legal entity**], with its principal place of business at [**ENTER ADDRESS**] (“Developer”). AGENCY and Developer are sometimes hereinafter referred to individually as “Party” and collectively as “Parties”. RECITALS WHEREAS, AGENCY and Developer are parties to an agreement dated ________________, 20___, entitled “Improvement and Credit Agreement - Transportation Uniform Mitigation Fee Program” (hereinafter “Credit Agreement”); WHEREAS, Sections 14.1 through 14.3 of the Credit Agreement provide that Developer is obligated to pay AGENCY the TUMF Obligation, as defined therein, but shall receive credit to offset the TUMF Obligation if Developer constructs and AGENCY accepts the TUMF Improvements in accordance with the Credit Agreement; WHEREAS, Section 14.5 of the Credit Agreement provides that if the dollar amount of the credit to which Developer is entitled under the Credit Agreement exceeds the dollar amount of the TUMF Obligation, Developer may apply to AGENCY and WRCOG for a reimburseme nt agreement for the amount by which the credit exceeds the TUMF Obligation; WHEREAS, Section 14.5 additionally provides that a reimbursement agreement executed pursuant to the Credit Agreement (i) shall be executed on the form attached to the Credit Agreement, (ii) shall contain the terms and conditions set forth therein, (iii) shall be subject to all terms and conditions of the Credit Agreement, and (iv) shall be attached upon execution to the Credit Agreement and incorporated therein as a material part o f the Credit Agreement as though fully set forth therein; and WHEREAS, AGENCY and WRCOG have consented to execute a reimbursement agreement with Developer pursuant to the Credit Agreement, (insert appropriate reference for city or county ), and the TUMF Administrative Plan adopted by WRCOG. NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, the Parties hereby agree as follows: Page 334 Item No.13. EXHIBIT D-2 20323.00004\30163105.2 TERMS 1.0 Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein. 2.0 Effectiveness. This Agreement shall not be effective unless and until the Credit Agreement is effective and in full force in accordance with its terms. 3.0 Definitions. Terms not otherwise expressly defined in this Agreement, shall have the meaning and intent set forth in the Credit Agreement. 4.0 Amount of Reimbursement. Subject to the terms, conditions, and limitations set forth in this Agreement, the Parties hereby agree that Developer is entitled to receive the dollar amount by which the Actual Credit exceeds the dollar amount of the TUMF Obligation as determined pursuant to the Credit Agreement, (insert appropriate reference for city or county), and the TUMF Administrative Plan adopted by WRCOG (“Reimbursement”).The Reimbursement shall be subject to verification by WRCOG. AGENCY and Developer shall provide any and all documentation reasonably necessary for WRCOG to verify the amount of the Reimbursement. The Reimbursement shall be in an amount not exceeding [INSERT DOLLAR AMOUNT] (“Reimbursement Amount”). AGENCY shall be responsible for obtaining the Reimbursement Amount from WRCOG and transmitting the Reimbursement Amount to the Developer. In no event shall the dollar amount of the Reimbursement exceed the difference between the dollar amount of all credit applied to offset the TUMF Obligation pursuant to Section 14.3, 14.4, and 14.5 of the Credit Agreement, and one hundred (100%) of the approved unit awarded, as such assumptions are identified and determined in the Nexus Study and the TUMF Administrative Plan adopted by WRCOG. 5.0 Payment of Reimbursement; Funding Contingency. The payment of the Reimbursement Amount shall be subject to the following conditions: 5.1 Developer shall have no right to receive payment of the Reimbursement unless and until (i) the TUMF Improvements are completed and accepted by AGENCY in accordance with the Credit Agreement, (ii) the TUMF Improvements are scheduled for funding pursuant to the five- year Transportation Improvement Program adopted annually by WRCOG, (iii) WRCOG has funds available and appropriated for payment of the Reimbursement amount. 5.2 Developer shall not be entitled to any interest or other cost adjustment for any delay between the time when the dollar amount of the Reimbursement is determined and the time when payment of the Reimbursement is made to Developer by WRCOG through AGENCY. 6.0 Affirmation of Credit Agreement. AGENCY and Developer represent and warrant to each other that there have been no written or oral modifications or amendments of the Credit Agreement, except by this Agreement. AGENCY and Developer ratify and reaffirm each and every one of their respective rights and obligations arising under the Credit Agreement. AGENCY and Developer represent and warrant that the Credit Agreement is currently an effective, valid, and binding obligation. Page 335 Item No.13. EXHIBIT D-3 20323.00004\30163105.2 7.0 Incorporation Into Credit Agreement. Upon execution of this Agreement, an executed original of this Agreement shall be attached as Exhibit “D” to the Credit Agreement and shall be incorporated therein as a material part of the Credit Agreement as though fully set forth therein. 8.0 Terms of Credit Agreement Controlling. Each Party hereby affirms that all provisions of the Credit Agreement are in full force and effect and shall govern the actions of the Parties under this Agreement as though fully set forth herein and made specifically applicable hereto, including without limitation, the following sections of the Credit Agreement: Sections 10.0 through 10.3, Section 12.0, Sections 13.0 through 13.7, Sections 14.0 through 14.6, and Sections 15.0 through 15.17. [SIGNATURES OF PARTIES ON NEXT PAGE] Page 336 Item No.13. EXHIBIT D-4 20323.00004\30163105.2 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. ___________________________________ (“Developer”) By: ______________________________________ Its: _______________________________________ ATTEST: By: ________________________________ Its: ________________________________ [INSERT “City” OR “County”) of ___________ By: ______________________________________ Its: _______________________________________ ATTEST: By: ________________________________ Its: ________________________________ Page 337 Item No.13. EXHIBIT “E” TUMF CREDIT / REIMBURSEMENT ELIGIBILITY PROCESS 1. Prior to the construction of any TUMF Improvement, Developer shall follow the steps listed below: (a) Prepare a separate bid package for the TUMF Improvements. (b) The plans, cost estimate, specifications and contract document shall require all contractors to pay prevailing wages and to comply with applicable provisions of the Labor Code, Government Code, and Public Contract Code relating to Public Works Projects. (c) Bids shall be obtained and processed in accordance with the formal public works bidding requirements of the AGENCY. (d) The contract(s) for the construction of TUMF Improvements shall be awarded to the lowest responsible bidder(s) for the construction of such facilities in accordance with the AGENCY’s requirements and guidelines. (e) Contractor(s) shall be required to provide proof of insurance coverage throughout the duration of the construction. 2. Prior to the determination and application of any Credit pursuant to a TUMF Improvement and Credit Agreement executed between AGENCY and Developer ("Agreement"), Developer shall provide the AGENCY and WRCOG with the following: (a) Copies of all information listed under Item 1 above. (b) Surety Bond, Letter of Credit, or other form of security permitted under the Agreement and acceptable to the AGENCY and WRCOG, guaranteeing the construction of all applicable TUMF Improvements. 3. Prior to the AGENCY’s acceptance of any completed TUMF Improvement, and in order to initiate the construction cost verification process, the Developer shall comply with the requirements as set forth in Sections 7, 14.2 and 14.3 of the Agreement, and the following conditions shall also be satisfied: (a) Developer shall have completed the construction of all TUMF Improvements in accordance with the approved Plans and Specifications. (b) Developer shall have satisfied the AGENCY’s inspection punch list. (c) After final inspection and approval of the completed TUMF Improvements, the AGENCY shall have provided the Developer a final inspection release letter. Page 338 Item No.13. (d) AGENCY shall have filed a Notice of Completion with respect to the TUMF Improvements pursuant to Section 3093 of the Civil Code with the County Recorder’s Office, and provided a copy of filed Notice of Completion to WRCOG. (e) Developer shall have provided AGENCY a copy of the As-Built plans for the TUMF Improvements. (f) Developer shall have provided AGENCY copies of all permits or agreements that may have been required by various resource/regulatory agencies for construction, operation and maintenance of any TUMF Improvements. (g) Developer shall have submitted a documentation package to the AGENCY to determine the final cost of the TUMF Improvements, which shall include at a minimum, the following documents related to the TUMF Improvements: (i) Plans, specifications, and Developer's Civil Engineer’s cost estimates; or Engineer’s Report showing the cost estimates. (ii) Contracts/agreements, insurance certificates and change orders with each vendor or contractor. (iii) Invoices from all vendors and service providers. (iv) Copies of cancelled checks, front and back, for payments made to contractors, vendors and service providers. (v) Final lien releases from each contractor and vendor (unconditional waiver and release). (vi) Certified contract workers payroll for AGENCY verification of compliance with prevailing wages. (vii) A total cost summary, in spreadsheet format (MS Excel is preferred) and on disk, showing a breakdown of the total costs incurred. The summary should include for each item claimed the check number, cost, invoice numbers, and name of payee. See attached sample for details. [ Page 339 Item No.13. Staff Report TO: Mayor, and City Council Members FROM: Christina Taylor, Community Development Director DATE February 4, 2020 SUBJECT: Request for Direction on Preparing a Shopping Cart Ordinance Background and Analysis: The City of Beaumont Community Enhancement officers and City maintenance crews regularly address the issue of abandoned shopping carts. Community Enhancement as well as other City departments work together to remove and store these carts until the owners can be reached to retrieve them. Currently, City staff spends 2-3 hours per week picking up abandoned shopping carts, with an average of 5 -10 carts per week. When approximately 80 carts have been collected, City staff makes contacts with their various resources to have the carts removed from the yard. From July – September 2019, staff picked up 78 abandoned shopping carts, the bulk of which were from Food 4 Less and Stater Bros. Aside from staff time, some of the concerns staff has with abandoned shopping carts include: 1. Increasing number of discarded shopping carts located significant distances from retailers, 2. Shopping carts stripped of identifiers and ownership information. 3. Length of time for a cart to be removed by a retrieval company or other entity, 4. Retailers of the carts located outside of City jurisdiction, and 5. Retailers do not have a retrieval system in place. State regulations allow for cities to establish regulations governing shopping carts. Two of the State regulations below speak to cost recovery and disposal of unclaimed carts:  State regulation Business & Profession Code: BPC 22435.7(f) – A city, county, or city and county may fine the owner of a shopping cart in an amount not to exceed fifty dollars ($50) for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts in accordance Page 340 Item No.14. with this section. An occurrence includes all shopping carts impounded accordance with this section in a one-day period.  State regulation Business & Profession Code: BPC 22435.7(g) – Any shopping cart not reclaimed from the city, county or city and county within 30-days of receipt of a notice of violation by the owner of the shopping cart may be sold or otherwise disposed of by the entity in possession of the shopping cart. There are many viable options that can assist with cost recovery, staff time and storage of property. City staff has researched how other cities have addressed shopping cart issues and many cities have developed shopping ca rt ordinances. Some of the issues which can be addressed through a shopping cart ordinance are: 1. Require during planning and permitting stages carts offered for use by a retailer must provide a containment and immediate retrieval method , 2. Requirement to install locking mechanisms on the carts, 3. Require the posting on retailer properties that removal of a cart from the premises is deemed theft with a desire to prosecute, 4. Require businesses to participate in a cart retrieval plan by requiring each to submit documentation of their contracted provider of choice or proposal and implementation plan of another retrieval strategy, and 5. Require that carts be properly identified by having permanently affixed cart identification (as required by state law). Fiscal Impact: Cost of staff time to research and prepare this report is approximately $600. Recommended Action: Provide staff direction on preparing a shopping cart ordinance. Page 341 Item No.14. Staff Report TO: Mayor, and City Council Members FROM: Carole Kendrick, Senior Planner DATE February 4, 2020 SUBJECT: Provide Direction to Staff on Establishing a Temporary Moratorium Prohibiting Tire Sales and Tire Repair Establishments Background and Analysis: The City is in the process of completing the general plan update. As part of this process, goals and policies are being revised, a downtown specific plan and zoning consistency analysis and update is also being prepared. Through the general plan update, downtown specific plan and zoning analysis, staff has determined that there are some uses that do not support the intent of the current goals and policies and may conflict with potential land use changes as part of the update process. The current zoning code does not expressly address tire sales in the zoning matrix, however the definitions under Section 17.14.030 include tire sales under “vehicle repair garage” and “vehicle service. The full definitions for both are provided below. Vehicle Repair Garage. Any site and improvements used for the repair and maintenance of automobiles, motorcycles, light trucks (having a rating of less than 10,001 pounds, an unladen weight of less than 6,001 pounds, and equipped with an open box-type bed less than nine feet in length), or other similar passenger vehicles licensed by the State Department of Motor Vehicles. This classification shall not include the repair or maintenance of motor homes or commercial vehicles as defined in Section 3-7.901 of this Zoning Code. "Motor vehicle repair garage" shall be construed broadly to include the place where the following types of commonly-known garage or shop activities occur: tune-up and muffler work, parts and tire sales and installation, wheel and brake work, engine and transmission overhaul, and installation of car alarms and car stereos. "Motor vehicle repair garage" shall not include automobile wrecking, dismantling, or salvage, motor vehicle body and fender shops, or tire retreading or recapping. Page 342 Item No.15. Vehicle, Service. A business establishment primarily engaged in the retail sale of vehicle fuel station and lubricants. This classification includes facilities having service bays for vehicle service and repair. Such service and repair may include the sale of tires, batteries, and other parts and products related to the operation of a motor vehicle; minor tune-up; lubrication and parts replacement; non- mechanical car-washing, polishing, and waxing; and other light work related to preventive maintenance and upkeep, but may not include maintenance and repair of large trucks or other large vehicles, or body and fender work on any vehicles. Previous requests for tire sales and/or tire repair uses were allowed under vehicle repair or service or standard retail sales. However, tire sales and tire repair typically generate noise impacts, aesthetic concerns, fire safety issues and ongoing or frequent outdoor displays. Due to the over-concentration of tire sales and tire repair businesses within the City of Beaumont, particularly in the downtown area, staff is requesting City Council direction on whether to establish a temporary moratorium in order to allow staff adequate time to amend the zoning code to list these uses specifically, determine if a conditional use permit should be required, and create development standards to address impacts associated with tire sales and tire repair uses. The proliferation of tire sales and tire repair establishments do not support the intent of the current goals and polices of the existing general plan that include:  Community Development Goal 3 – The City of Beaumont will maintain and, where appropriate, expand the City’s commercial base. o Community Development Element Policy 12 – The City of Beaumont will continue to promote the development of larger, more efficient, commercial retail centers as opposed to “strip commercial” along the City’s traffic corridors.  Community Development Goal 4 - The City of Beaumont will promote the expansion of industrial and other employment generating land uses. o Community Development Element Policy 15 - The City of Beaumont will continue to promote the maintenance and preservation of industrial activities and business that contribute to the City’s economic and employment base. o Community Development Element Policy 16 - The City of Beaumont will encourage the continued expansion of the City’s industrial districts to accommodate economic development and growth. Page 343 Item No.15. o Community Development Element Policy 17 - The City of Beaumont will promote the development of modern and attractive business activities that will enhance the City’s economic well-being.  Safety Goal 6 – The City of Beaumont will strive to control the adverse effects of noise in the environment. o Safety Element Policy 24 – The City of Beaumont will protect public health and welfare by eliminating existing noise problems and by prevent significant degradation of the future acoustic environment. o Safety Element Policy 25 – The City of Beaumont will incorporate noise considerations into land use planning decisions. There are approximately 12 business licenses for tire sales and tire repair businesses, eight (8) of which are in the downtown. In the draft downtown specific plan, the central city will include a mile of use areas. The draft downtown specific plan is proposing tire sales as a permitted use in the Sixth Street Corridor area, which has four (4) existing tire businesses. There are an additional four (4) existing tire businesses currently operating in other downtowns areas where, in the future, they will not be a permitted use and will become non-conforming if the downtown specific plan is adopted as currently proposed. In an effort to maintain consistency with the current and future goals, policies and land uses, and allow time to address safety impacts, staff would like time to evaluate tire related uses to ensure that future development will be cited appropriately and developed with appropriate standards in place. Fiscal Impact: Staff time to prepare this report and legal counsel consultation is approximately $500. Recommended Action: Provide direction to staff on establishing a temporary moratorium prohibiting tire sales and tire repair establishments. Page 344 Item No.15. Staff Report TO: Mayor, and City Council Members FROM: Elizabeth Gibbs, Director of Community Services DATE February 4, 2020 SUBJECT: Opposition Letter – SunLine Transit Agency Proposed Commuter Link Route 10 Background and Analysis: On November 7, 2019, SunLine Transit Agency (SunLine) announced to the Transportation Now (T-Now) committee that they had completed a new draft schedule for their Commuter Link 220, which provides service from Palm Desert to the Riverside Metrolink Station, with stops at Casino Morongo and Beaumont Walmart (A ttachment A). On November 12, 2019, SunLine held a community meeting at the Beaumont Civic Center and presented a proposed new commuter link route with service from the Coachella Valley to California State University San Bernardino’s (CSUSB) main campus in San Bernardino, with a stop at Beaumont Walmart (Attachment B). SunLine presented their proposal as follows: Current Service - Three (3) eastbound and three (3) westbound trips from Coachella Valley to Riverside, - FY 19 ridership was 13,561 passenger trips, Proposed Service - Four (4) eastbound and four (4) westbound trips from Coachella Valley to San Bernardino, and - Target passengers are CSUSB students. Following the community meeting, City staff contacted SunLine staff and requested a meeting to discuss the proposed route to gain more information about future service; however, no response was received. Page 345 Item No.16. On January 9, 2020, SunLine staff emailed a draft support letter for their grant application for a solar microgrid to hydrogen transit project. In the letter, they introduce d a new Commuter Link Route 10 bus service from Indio to San Bernardino, with stops at Beaumont Walmart and the San Bernardino Transit Center (SBTC) (Attachment C). It should be noted that the letter lacked any information on connectivity for passengers within the San Gorgonio Pass area, but rather, highlighted the multiple connections available to passengers from the SBTC. Beaumont staff received a phone call from Riverside County Transportation Commission (RCTC) on January 10, 2020, discussing SunLine’s proposed support letter. At that time, City staff notified RCTC that Beaumont opposed SunLine’s new route as presented because it duplicated an already existing service via Beaumont’s Commuter Link 120. At this time, it is unclear whether RCTC intends to fund the new route. SunLine Objectives On January 17, 2020, SunLine’s staff provided a PowerPoint presentation with specific details on the proposed route, including potential time points, with a tentative starting date of May 4, 2020 (Attachment D). There are two key elements listed in their objectives for this new route that should be highlighted: (1) Connectivity –Connect residents of Coachella Valley to PASS transit and Riverside Transit Agency (RTA) and key destinations such as Cabazon, Riverside University Health Center, Veterans Administration (VA) Hospital and other destinations served by PASS transit and RTA; and (2) The CSUSB University pass program and College of the Desert pass program entitles students and faculty to use all SunLine fixed route services at no cost, with a valid ID. Objective No. 1 Analysis Staff created a matrix of possible connections for SunLine passengers at Beaumont Walmart, using the most corresponding timepoints between the routes, and no more than a 30-minute layover. Page 346 Item No.16. SUNLINE ROUTE 10 - WESTBOUND SunLine 10 Beaumont 120 Beaumont 125 RTA 31 RTA 31 Arrives Walmart Departs Walmart Service to Calimesa and SBTC Service to Calimesa, Redlands Kaiser, and Loma Linda VA Hospital Service to Moreno Valley** Service to SJ/Hemet 7:05 AM 7:25 AM 7:13 AM* 9:00 AM 9:07 AM* 2:10 PM 2:14 PM* 4:10 PM 4:17 PM* *NOTE: Passengers have 4 to 8 minutes to connect with RTA **NOTE: RTA’s stop is located on the southside of 2nd St. across from Farmer Boys SUNLINE ROUTE 10 – EASTBOUND*** SunLine 10 Beaumont 120 RTA 31 RTA 31 Arrives Walmart Departs Walmart Service to Casino Morongo Service to Moreno Valley** Service to SJ/Hemet 9:55 AM 10:00 AM 9:56 AM* 12:55 PM 1:02 PM 4:55 PM 5:20 PM 4:56 PM* 6:55 PM 6:55 PM 7:11 PM 6:58 PM* *NOTE: Passengers have 1 to 3 minutes to connect with RTA **NOTE: RTA’s stop is located on the southside of 2nd St. across from Farmer Boys ***Beaumont 125 was eliminated from the eastbound analysis due to the direction of travel back to Redlands It should be noted that Beaumont Commuter Link 120 has twelve (12) service loops per day, Commuter Link 125 has seven (7) per day, RTA’s service to Moreno Valley has sixteen (16) per day, and RTA’s service to San Jacinto/Hemet has sixteen (16) service loops per day. Objective No. 2 Analysis SunLine’s Haul Pass program provides college students free unlimited access to SunLine’s public transit network, including the proposed Commuter Link Route 10. Although this free service is subsidized by California’s Low Carbon Transit Operations Program, much like Beaumont’s Free Fare Program in 2018, their objective is to improve students’ access to the valley’s colleges and universities with the program. Page 347 Item No.16. Conversely, Beaumont’s Commuter Link routes have a $3.50 fare for general passengers each way and would be at a severe disadvantage to compete with SunLine’s free service under the Haul Pass program. Summary SunLine’s Commuter Link Route 10, as proposed, is a duplication of service and will not connect Coachella Valley passengers with Beaumont Transit. The Transportation Development Act of 1971 clearly states: PUC §99280 – Adding or Extending Routes “The establishment of new routes, or the extension of existing routes, outside the boundaries of an included municipal operator, but within the reserved service area, as defined in this section, shall not be permitted where the operation or establishment of such routes will compete with or divert patronage from a route of the transit district as of the date the transit district is given the notice hereinafter required.” PUC §99281 “The transit district may operate or establish new routes or extend existing routes in all or part of the area outside a municipal operator, except where the operation or establishment of that service will compete with or divert patronage from an existing service of any included municipal operator or service in a reserved service area under Section 99280.” Furthermore, the proposed route will promote a free alternative to CSUSB students already using Beaumont’s commuter link service, resulting in a reduction of passenger trips, and ultimately jeopardizing Beaumont’s ability to meet the mandated farebox recovery ratio. Finally, SunLine has not provided sufficient data to warrant any support of a stop in Beaumont and therefore, strong opposition of this route, as presented, is necessary (Attachment E). However, should SunLine redesign the new route to bypass Beaumont, staff would certainly recommend supporting the new route in the interest of promoting public transportation throughout the region. Fiscal Impact: Cost to prepare this report and the attached opposition letter is estimated to be $3,150. Page 348 Item No.16. Recommended Action: Approve the opposition letter and authorize the Mayor to execute on behalf of the City of Beaumont. Attachments: A. Current SunLine Commuter Link 220 B. SunLine Community Meeting Handout C. SunLine Requested Support Letter (Draft) D. PowerPoint sent by SunLine E. Beaumont Opposition Letter (Draft) Page 349 Item No.16. COMMUTER LINK 220 WEEKDAY ONLY / ENTRE SEMANA SOLAMENTE TownCenter& Hahn Monterey& MarketPlace Varner&Harry Oliver CasinoMorongo 2nd&Commerce Fir&Stonebridge Moreno ValleyMall UCR Lot 30&Canyon Crest Riverside DowntownMetrolinkStation 5:45 5:55 6:00 6:35 6:50 7:12 7:27 7:50 8:00 8:00 8:10 8:19 8:54 9:11 9:36 9:50 10:04 10:15 3:20 3:30 3:41 4:19 4:38 5:03 5:17 5:34 5:45 RiversideDowntownMetrolink UCR Lot 30&Canyon Crest MorenoValleyMall Fir&Stonebridge 2nd&Commerce CasinoMorongo Varner&Harry Oliver Monterey&Market Place Town Center&Hahn 8:15 8:29 8:47 9:01 9:24 9:42 10:16 10:19 10:31 5:55 6:12 6:29 6:43 7:05 7:24 7:56 7:59 8:11 7:15 7:29 7:47 8:01 8:25 8:42 9:16 9:19 9:31 1 2 3 4 576 NOTE This regional service does NOT operate on weekends and the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. WESTBOUND / HACIA EL OESTE Palm Desert to Riverside (AM times are in PLAIN, PM times are in BOLD. Times are approximate.) 8 5 9 Riverside Metrolink Station UCR Lot 30 RIVERSIDE MORENO VALLEY BEAUMONT WalMart CABAZON THOUSAND PALMS PALM DESERT FARE ZONE 1 Cabazon to Riverside FARE ZONE 2 Palm Desert to Thousand Palms 111 6260 CASINO MORONGO 1 2 3 4567 89 COMMUTER LINK 220 COMMUTER LINK 220 WEEKDAY ONLY / ENTRE SEMANA SOLAMENTE TownCenter& Hahn Monterey& MarketPlace Varner&Harry Oliver CasinoMorongo 2nd&Commerce Fir&Stonebridge Moreno ValleyMall UCR Lot 30&Canyon Crest Riverside DowntownMetrolinkStation 5:45 5:55 6:00 6:35 6:50 7:12 7:27 7:50 8:00 8:00 8:10 8:19 8:54 9:11 9:36 9:50 10:04 10:15 3:20 3:30 3:41 4:19 4:38 5:03 5:17 5:34 5:45 RiversideDowntownMetrolink UCR Lot 30&Canyon Crest MorenoValleyMall Fir&Stonebridge 2nd&Commerce CasinoMorongo Varner&Harry Oliver Monterey&Market Place Town Center&Hahn 8:15 8:29 8:47 9:01 9:24 9:42 10:16 10:19 10:31 5:55 6:12 6:29 6:43 7:05 7:24 7:56 7:59 8:11 7:15 7:29 7:47 8:01 8:25 8:42 9:16 9:19 9:31 NOTA Este servicio regional NO opera los fines de semana y en los siguientes días festivios: Día de Año Nuevo, Día Conmemorativo, Día de Independencia, Día Laboral, Día de Gracia y Día de Navidad. 6 7 4 3 2 1 EASTBOUND / HACIA EL ESTE Riverside to Palm Desert 8 (Horarios AM estanen la fuente normal. Horarios PM estan en OBSCURO. Los tiempos son aproximados.) 9 Riverside Metrolink Station UCR Lot 30 RIVERSIDE MORENO VALLEY BEAUMONT WalMart CABAZON THOUSAND PALMS PALM DESERT FARE ZONE 1 Cabazon to Riverside FARE ZONE 2 Palm Desert to Thousand Palms 111 6260 CASINO MORONGO 1 2 3 4567 89 COMMUTER LINK 220 Page 350 Item No.16. Page 351 Item No.16. Page 352 Item No.16. INSTRUCTIONS 1. Please review, edit to your liking, sign, delete this header, and email the letter on your business letterhead to Brittney B. Sowell at bsowell@sunline.org by end of day Tuesday, January 14. 2. Any questions? Please call Brittney B. Sowell at 760-343-3456 ext. 1103. Thank you for supporting SunLine Transit Agency’s efforts to apply for funding under CalSTA’s Transit and Intercity Rail Capital Program. January 2, 2020 California State Transportation Agency (CalSTA) 915 Capitol Mall, Suite 350B Sacramento, CA 95814 RE: Transit and Intercity Rail Capital Program (TIRCP) To whom it may concern: On behalf of ____Insert name of agency________, I would like to offer this letter of support for Sunline Transit Agency’s “Solar Microgrid to Hydrogen Project” Transit and Intercity Rail Capital Program (TIRCP) grant application. The entire State of California, if not the world, stands to benefit from this innovative and pioneering project of harnessing solar energy to produce hydrogen fuel and storing electricity onsite to charge electric buses when fleets are available for service at night. This project is a critical component of implementing California Air Resources Board’s (CARB) Innovative Clean Transit (ICT) mandate of introducing zero-emission buses. SunLine is poised to accomplish this goal by 2030, in ten years. Additionally, introduction of the new CommuterLink Route 10 bus service between Indio and San Bernardino, fueled by this Solar Microgrid will connect residents of Coachella Valley to San Bernardino Valley, specifically to San Bernardino Transit Center (SBTC)/Metrolink Station, a regional multimodal transit hub and California State University San Bernardino (CSUSB). This broader scope to reduce greenhouse gas (GHG) emissions across southern California and the expansion of zero-emission fleets would provide a safe, clean and reliable transit interconnectivity for the region’s residents while simultaneously increasing transit ridership, reducing greenhouse gases and congestion. Currently, there is no viable public transportation option from Coachella Valley to access regional educational, medical, employment and entertainment centers in the San Bernardino Valley, western Riverside County, and Los Angeles and Orange counties. This service will establish a convenient one seat public transit option to SBTC/Metrolink Station and CSUSB transit hubs, two currently unserved regional destinations and multimodal transit hubs. With the new CommuterLink Route 10, residents of the Coachella Valley will be able to connect to Metrolink train service to Los Angeles and Orange counties, sbX Bus Rapid Transit (BRT) service to VA Hospital and Loma Linda University Medical Center, Route 200 express bus service to Orange County/Disneyland via downtown Riverside, Galleria Mall at Tyler and La Sierra Metrolink Station utilizing the high occupancy toll lanes. Additionally, it will provide multiple transit connections to local bus routes serving the San Bernardino Valley and transit connections to Victor Valley and the San Bernardino mountains. Lastly, the improvements to SunLine local Routes 20, 80, 81, 91 and 111 will benefit low - Page 353 Item No.16. income, disadvantaged communities in Indio, Mecca, and Thermal and it will improve access to this CommuterLink service. SunLine Transit Agency is a leader in alternative fuel technologies and we stand to benefit from this project to accomplish our collective goal of reducing greenhouse gas emissions, increasing transit ridership, enhancing transit/rail interconnectivity and improving safety through interconnectivity at established multimodal hubs. We strongly support this inspirational and pioneering project and the funding request to implement it. The GHG benefits and the technical knowhow that would result from this project will benefit the entire transit industry, it is immeasurable and it will help create a path for transit agencies in California and regulatory bodies alike to implement CARB’s ICT mandate. I hope you will join our agency in supporting their grant application. If you have any questions regarding our support, please feel free to contact me at (XXX) XXX-XXXX. Sincerely, Name, Title Agency Name Page 354 Item No.16. CommuterLink Route 10 a product of Rethink Draft To City of Beaumont January 17, 2020 Page 355 Item No.16. Five bus stops, a 92mile trip 1.Indio –Hwy 111 & Flower 2.CSUSB –PD 3.Beaumont at 2nd Street Commerce (Walmart) 4.CSUSB main campus in San Bernardino 5.San Bernardino Transit Center (SBTC) and Metrolink Station Draft 2 Page 356 Item No.16. Bus Branding (Draft) Draft 3 Page 357 Item No.16. Draft Schedule under development •Draft schedule under development Soft timepoint provided for passenger convenience only, not a time-point. Buses will leave earlier than the times noted because of the unpredictable freeway travel times. For actual bus arrival time projections, log on to… WESTBOUND Indio to San Bernardino Hwy 111 & Flower CSUSB-PD Beaumont Walmart CSUSB Main Campus San Bernardino MetroLink Time 25 45 45 20 5:55:00 AM 6:20:00 AM 7:05:00 AM 7:50:00 AM 8:10:00 AM 7:50:00 AM 8:15:00 AM 9:00:00 AM 9:45:00 AM 10:05:00 AM 1:00:00 PM 1:25:00 PM 2:10:00 PM 2:55:00 PM 3:15:00 PM 3:00:00 PM 3:25:00 PM 4:10:00 PM 4:55:00 PM 5:15:00 PM San Bernardino MetroLink CSUSB Main Campus Beaumont Walmart CSUSB-PD Hwy 111 & Flower Time 25 45 45 20 8:45:00 AM 9:10:00 AM 9:55:00 AM 10:40:00 AM 11:00:00 AM 11:45:00 AM 12:10:00 PM 12:55:00 PM 1:40:00 PM 2:00:00 PM 3:45:00 PM 4:10:00 PM 4:55:00 PM 5:40:00 PM 6:00:00 PM 5:45:00 PM 6:10:00 PM 6:55:00 PM 7:40:00 PM 8:00:00 PM EASTBOUND San Bernardino to Indio Reverse commute trips Draft 4 Page 358 Item No.16. Fare, operating and marketing objectives 1.Connect residents of Coachella Valley to SBTC/Metrolink (more than twice the number of trains serving the Riverside station) (see graph, next page) 2.Connectivity –Connect residents of Coachella Valley to PASS transit and RTA and key destinations such as Cabazon, Riverside University Health Center, VA Hospital and other destinations served by PASS transit and RTA 3.Connect residents of PASS area, San Jacinto, Hemet and Moreno Valley to Cal State and UCR Palm Desert campuses 4.$6 Base/$4 S&D (same as 220 without zones) 5.The CSUSB University Pass program and College of the Desert pass program entitles students and faculty to use all SunLine fixed route services at no cost, with a valid ID 6.Eliminate transfer penalties, top-ups, negotiate reciprocal transfer agreements to make transit user-friendly and attractive Draft 5 Page 359 Item No.16. San Bernardino Transit Center (SBCTA)/Metrolink Station (actual stop location TBD) Draft 6 Page 360 Item No.16. Fare, operating and marketing details •Three-bike bike rack •Standees are not allowed •Install bus stop signs Draft 7 Page 361 Item No.16. Marketing Plan •Route and bus branding underway •Bus stop sign design underway •“Coming soon” brochure under development •Printed and e-information brochures under development •CSUSB, Metrolink, Omnitrans, IE Commuter, Stakeholders •During CSUSB school-off promotions Draft 8 Page 362 Item No.16. Interagency operating/reciprocal agreements •Omnitrans -New agreement •Metrolink –New agreement •RTA –Update agreement (transfers with 31/discontinue 220) •PASS Transit –New agreement •VVTA –Do not need an agreement? •MATA –Do not need an agreement? Draft 9 Page 363 Item No.16. City of Beaumont | 550 E. 6th Street, Beaumont, CA 92223 | (951) 769 -8520 | Beaumont CA.gov January 29, 2020 Sunline Transit Agency 32505 Harry Oliver Trail Thousand Palms, CA 92276 Re: Opposition Letter - Proposed Commuter Link Route 10 Dear Sunline Transit Agency: The City of Beaumont is writing to express strong opposition to Sunline Transit Agency’s Commuter Link Route 10 as presented. The proposed route will connect passengers from the Coachella Valley area to Cal State San Bernardino’s (CSUSB) main campus, with stops in Beaumont and the San Bernardino Transit Center (SBTC). It is Beaumont’s position that the Commuter Link Route 10 is a duplication of service and will adversely affect Beaumont’s farebox recovery ratio of the already established service between Beaumont and SBTC via Beaumont’s Commuter Link 120. The Transportation Development Act of 1971 clearly states: PUC §99280 – Adding or Extending Routes “The establishment of new routes, or the extension of existing routes, outside the boundaries of an included municipal operator, but within the reserved service area, as defined in this section, shall not be permitted where the operation or establishment of such routes will compete with or divert patronage from a route of the transit district as of the date the transit district is given the notice hereinafter required.” PUC §99281 “The transit district may operate or establish new routes or extend existing routes in all or part of the area outside a municipal operator, except where the operation or establishment of that service will compete with or divert patronage from an existing service of any included municipal operator or service in a reserved service area under Section 99280.” Sunline’s proposed Commuter Link Route 10, as identified, is already being met by Beaumont Transit, specifically from Beaumont Walmart to the SBTC. Furthermore, from SBTC, passengers can connect to the Omni Trans SBX service, which operates every 10 minutes, and brings passengers directly onto the CSUSB campus. To duplicate existing service from Beaumont to San Bernardino would be an unwarranted use of finite resources. Page 364 Item No.16. City of Beaumont | 550 E. 6th Street, Beaumont, CA 92223 | (951) 769 -8520 | Beaumont CA.gov Conversely, there have been many conversations of a need for service from the Pass area to the Coachella Valley. The City of Beaumont proposes that Sunline utilize resources to fill an unmet need of this nature rather than duplicating and jeopardizing an already established service. Sincerely, Rey Santos Mayor Page 365 Item No.16. Staff Report TO: Mayor, and City Council Members FROM: Jeff Hart, Public Works Director DATE February 4, 2020 SUBJECT: Authorize the City Manager to Execute Additional Reimbursable Letters of Agreement with the California Highway Patrol Not to Exceed $50,000 for the SR-60/Potrero Boulevard Interchange Phase I Project for Services Associated with Traffic Control Background and Analysis: December 2017, City Council awarded a construction contract to Ortiz Enterprises, Inc. for the Phase 1 and 1A construction of the Potrero Boulevard Interchange (Project). Throughout construction of the Project additional traffic control and lane closures were required in cooperation with the California Highway Patrol (CHP). January 2018, the City entered into an agreement with the CHP in order to provide traffic control and lane closure assistance (see Attachment A). The original agreement was for the remainder of FY 17/18 for a total not to exceed $50,000. As additional traffic assistance has been warranted, two additional reimbursable letters of agreement are needed to complete the Project. Each reimbursable letter of agreement will similarly not exceed $50,000. One reimbursable letter of agreement is needed to ratify services already provided and costs incurred. The second reimbursable letter of agreement will be for any remaining invoices to close out the Project. CHP services must provided by the City as part of its traffic control plan required for the project. Fiscal Impact: There is sufficient funding remaining within the project budget to ratify the payment for FY 18/19 for services already provided, as well as the reimbursable letter of agreement requested to close the project out. The cost to prepare this staff report is estimated at $350. Page 366 Item No.17. Recommended Action: City Council authorize the City Manager to execute additional reimbursable letters of Agreement with the California Highway Patrol in an amount not to exceed $50,000 each for the SR-60/Potrero Boulevard Interchange Phase I Project. Attachments: A. Reimbursable Letter of Agreement with California Highway Patrol for FY17/18 B. Reimbursable Letter of Agreement with California Highway Patrol for FY18/19 C. Reimbursable Letter of Agreement with California Highway Patrol for FY19/20 Page 367 Item No.17. Page 368 Item No.17. Page 369 Item No.17. Page 370 Item No.17. Page 371 Item No.17. Page 372 Item No.17. Page 373 Item No.17. Page 374 Item No.17. Page 375 Item No.17. Page 376 Item No.17. Staff Report TO: Mayor, and City Council Members FROM: Kristine Day, Assistant City Manager DATE February 4, 2020 SUBJECT: Wastewater Treatment Plant Expansion/Renovation and Brine Pipeline Installation Project Status Update Background and Analysis: Reach 1  The contractor continues to work three crews on pipe installation / restoration pavement, directional drill at San Timoteo Creek, and pipe jacking.  Approximately 66,242 linear feet of brine line has been installed to date.  Contractor has requested 43 inclement weather days to date.  The three week look ahead schedule is included as an attachment to this report (Attachment A). Reach 2  The contractor is focusing on the jack and bore for San Timoteo and Redlands as well as the connection to the Inland Empire Brine Line and the E Street Bridge connection.  Approximately 49,595 linear feet of brine line has been installed to date.  Contractor has requested 17 inclement weather days to date.  The three week look ahead schedule is included as an attachment to this report (Attachment B). Page 377 Item No.18. Approved Change Orders: CO No. Contractor Description Reason for Change Amount 1 (Potrero CO 10) Ortiz Brine Line Improvements (Pre- Authorized) Addition of 12” Brine Line During Construction $238,615.70 2 (Potrero CO 11) Ortiz Brine Line Improvements (Remaining Work) (Force Account) Addition of 12” Brine Line During Construction $324,043.15 Not to Exceed but direct to Force Account 3 Weka, Inc. Brine Line Improvements Potrero Boulevard – 4th Street Addition of 12” Brine Line During Construction $646,482.65 4 Weka, Inc. County of Riverside Encroachment Permit Credit City Paid Fee for Encroachment ($45,460.00) 5 Weka, Inc. Potrero Bridge / Caltrans Right-of-Way Brine Line Installation Requirements $110,394.90 6 Weka, Inc. Changes and Modifications to Brine Line Installation on 4th Street & Potrero Rd. Drain Installation, Add Vent Line to MH, and 4th Street Brine Line Changes $12,821.87 7 T.E. Roberts, Inc. Unknown Utility Crossings and Associated Potholing Additional Potholes Not on Plans $14,300.00 8 Weka, Inc. Heartland Parkway and Potrero Boulevard Site Condition Restorations Site Condition Changes $41,076.93 Brine Line Contingency Budget Amount Budget Amount Change Orders 1-8 Remaining $2,600,000.00 $1,342,275.20 $1,257,724.80 Page 378 Item No.18. Permit fees accrued to date are: Agency Description Amount City of San Bernardino Brine Line Encroachment Permit $682.50 Riverside County Tax Collection Permit for Brine Line $2,000.00 Union Pacific Railroad (UPRR) Pipeline Crossing Agreement & Encroachment Permit $98,655.00 San Bernardino Flood Control Brine Line Encroachment Permit $9,539.00 San Bernardino Flood Control 408 Permit $59,489.00 City of Redlands Plan Check Fees $2,500.00 City of Loma Linda Plan Check Fee for Brine Line $13,000.00 SAWPA Brine Line Encroachment Permit Deposit $20,000.00 County of San Bernardino CEQA Environmental Filing Fee $50.00 Riverside County – Paid by Weka Permit for Brine Lin – Supplemental Inspection Fee $45,460.00 California Department of Fish & Wildlife 1602 Permit $5,145.75 State Water Resources Control Board 401 WQC $24,197.00 Various Monitoring Required by EIR Paid Hourly $250,000.00 Southern California Edison Permit $6,951.84 Total $537,670.09 Page 379 Item No.18. The project accounting for the Brine Line Project is as follows: Brine Line Budget Amount Actual Remaining Design $2,082,357.37 $1,764,461.94 $317,895.44 Construction Management $3,436,471.38 $2,431,737.45 $1,004,733.93 Permit $508,240.25 $278,131.09 $230,109.16 Construction $31,884,226.35 $25,482,062.63 $6,402,163.72 Contingency $2,600,000.00 $1,342,275.20 $1,257,724.80 Total $40,511,295.35 $31,298,668.31 $9,212,627.05 Wastewater Treatment Plant Expansion/Renovation Project:  Work Continues on the MBR/RO Startup (Critical Path), Fine Screens Canopy – On Hold, Install Duct-bank 205, 103.2, 204 & 1 – Ongoing, EATON Switch Gear Testing – Ongoing, SCE Switch Gear Inspection – Feb, Submit Short Circuit Study – Ongoing, SKM Short Circuit Study Review – Feb, Install Frontier Duct- bank – Ongoing, Fine Screens Install Misc. Metals – Ongoing, Fine Screens Touch Up Protective Coatings Inside Walls – Jan 28, Fine Screens Install Conveyors – Ongoing, MBR Metal Building Assembly – Ongoing, MBR Bldg. Install Exposed Electrical Conduits – Ongoing, MBR Bldg. Install Lighting & Devices – Ongoing, MBR Bldg. Install Cable Tray – Ongoing, MBR Bldg. Pull Wire Areas 1,2, & 3 – Ongoing, MBR Bldg. Install Electrical Equipment – Ongoing, MBR Bldg. Small Diameter Strut Supports Installation – Ongoing, MBR Bldg. Painting Interior Walls Control Room – Ongoing, MBR Bldg. Coat Above Ground Piping – Feb 3, MBR Bldg. Coat Doors and Frames – Feb, MBR Bldg. Install Handrails – Ongoing, MBR Bldg. Install Mud Valves/Guide Rails – Ongoing, MBR Bldg. MBR Air Scour Piping and Supports – Jan 27, Aeration Basin Install Air Piping and NPW – Ongoing, Aeration Basin Epoxy Coat Influent Box #1 – Jan 28, Aeration Basin Install Control Panels and Pull Wire – Jan 27, Chemical Tank Farm Install Duct Bank – Jan 30, Recycled Water Pump Station Paint AG Pipe – Jan 27, Storm Water Pump Station Coat Storm Water Pump Station – Jan 30, and Electrical Bldg. Pull Wire – Ongoing  Upcoming pours include the North Aeration Duct Bank.  Contractor has requested 41 inclement weather days to date and 51 days have been approved.  Projected Phase 1 completion is May 2020.  The three week look ahead schedule is attached for review (Attachment C). Page 380 Item No.18. Approved Change Orders: CO No. Description Reason for Change Amount 1 MBR System Improvements Enhance the performance of MBR System $149,741.00 2 RO System Electrical Modifications & Storm Drain System Material Change Design & Material Updates ($245.00) 3 New Aeration Basin 1 through 3 Excavation Conflict with Existing Utilities $19,998.00 4 Structural and Mechanical Modifications Pre-Selected Submittals $57,450.64 5 Vactor Truck Dump Station Modifications Conflict with Utilities NTE $15,000.00 6 EDI/Fine Coarse Bubble Diffuser Equipment Design Change $24,298.00 7 Various Changes – MBR/RO Structural, Site civil & Headworks SCADA Design Modifications Design Change $59,167.49 8 Various Changes – Demolition, Piping Realignment, Material Change, and Electrical Actuated Valve Voltage Change Unforeseen Conditions and Value Engineering $6,067.00 9 Various Changes – Solids Handling Bldg. conveyor Capacity Increase, Electrical Yard Vault Cover Changes, Additional Pothole Investigation and Existing Duct Bank Removal, and Yard Utilities Design Changes, Conflict with Construction, Owner Requested Changes $138,531.73 10 MBR Chemical Area Changes & Other Misc. Changes and Inclement Weather Impact Nov- 18 to May-19 Owner Requested Changes & Inclement Weather $596,031.05 11 Frontier Internet Provider Duct Bank Modifications, 30-inch MBR & 20-inch Plant Effluent Pipeline Elevation and Alignment Modifications, Additional Safety Required Handrail at Retaining Wall and Generator Design Changes & Conflict with Construction $81,128.29 Page 381 Item No.18. 12 RO-Sulfuric Acid Chemical Piping Material Change, Solids Feed Pump TE/TSH Thermocouple Elements, Solids Handling Bldg. Changes Design Changes, Owner Requested Changes $91,417.26 13 Plant Effluent Chemical Area Changes Owner Requested Changes $404,821.33 WWTP Contingency Budget Amount Change Orders 1- 13 Remaining $4,000,000.00 $1,643,406.79 $2,356,593.21 The project accounting for the Waste Water Treatment Plant Project is as follows: WWTP Budget Amount Paid to Date Remaining Design $2,709,798.23 $2,556,828.66 $152,969.57 Construction Management $5,308,585.72 $2,767,943.60 $2,540,642.12 Equipment $252,906.00 $253,362.91 ($456.91) Permits $324,776.76 $81,936.25 $242,840.51 Construction $53,910,737.00 $28,407,822.57 $25,502,914.43 Contingency $4,000,000.00 $483,101.09 $3,516,898.91 Total $66,506,803.71 $34,550,995.08 $31,955,808.63 Fiscal Impact: No additional fiscal impacts beyond the project budget. Recommended Action: Receive and file the project updates. Attachments: A. Brine Line Reach 1 – 3 Week Schedule B. Brine Line Reach 2 – 3 Week Schedule C. WWTP – 3 Week Schedule Page 382 Item No.18. State Capitol Office ▪ 925 L Street • Suite 1404 • Sacramento, CA 95814 • Phone (916) 447-4086 • Fax (916) 444-0383 Southern California Office ▪ 1401 Dove Street • Suite 330 • Newport Beach, CA 92660 • Phone (949) 399-9050 • Fax (949) 476-8215 Central California Office ▪ 744 P Street • Suite 308 • Fresno, CA 93721 • (949) 399-9050 • Fax (949) 476-8215 Federal Office ▪ 600 Pennsylvania SE • Suite 207 • Washington, DC 20003 • Phone (202) 546-8696 • Fax (202) 546-4555 Northern California Office ▪ 300 Frank Ogawa Plaza • Suite 204 • Oakland, CA 94612 • Phone (510) 835-9050 • Fax (510) 835-9030 M E M O R A N D U M To: City of Beaumont From: Townsend Public Affairs Date: January 31, 2020 Subject: Monthly Report for the City of Beaumont — January 2020 State Legislative Update The Legislature reconvened on January 6 for the second year of the 2019-2020 legislative session. Since then, lawmakers have been focused on introducing new legislation and meeting the January 31 house of origin deadline. Legislation that was introduced in 2019 that did not pass out of its house of origin by January 31 is now considered dead for the year. Legislators have until February 21 to introduced new legislation to be considered in 2020. Lawmakers have also been busy analyzing the Governor’s January Budget proposal. Trailer bill language is expected from the Administration in early February which will provide additional details about the Governor’s budget proposals. After that, the Budget Subcommittees will begin their work on the Fiscal Year (FY) 2020-21 Budget to meet the June 15 deadline. The new budget bill will take effect on July 1, 2020. Below is a list of upcoming legislative deadlines: February 19: State of the State presented by Governor Newsom February 21: Last day for bills to be introduced April 2: Spring Recess begins SB 50 Update SB 50 (Wiener, D–San Francisco), the legislative vehicle for a major statewide housing initiative, failed to pass the Senate by the January 31 house of origin deadline and is now dead. However, after the final vote was tallied, Senate President Pro Tempore Atkins addressed the Senate and indicated that the Senate will continue to address this issue and work on “a housing production bill to help alleviate our housing crisis this year.” This is the second vote in as many days for SB 50. After the bill failed to garner 21 votes, Senator Wiener was granted reconsideration of the bill on January 30. The bill failed to pass yet again as Senators argued that the bill would not prevent displacement and gentrification, would fail to Page 383 Item No.19. 2 produce enough affordable housing, the potential for development in high wildfire danger zones, and the negative impacts that this bill could have on communities across the State. SB 50 failed to garner support from stakeholders after the Senator amended the bill on January 6. The amendments that were adopted were intended to provide additional local flexibility and community preference. Below is a summary of the adopted amendments: Local Flexibility: • A two-year delayed implementation date (January 1, 2023). • SB 50 would allow for an alternative compliance for cities that have a plan certified by the State. o An alternative plan would need to be approved by the city, such as a housing element or zoning ordinance; o The alternative plan would need to accommodate a comparable amount of housing as would otherwise be authorized by SB 50; o The alternative plan would need to accommodate similar transportation efficiency; o The alternative plan would need to be consistent with fair housing findings. • The idea behind the alternative compliance would be to allow local governments to be able to plan locally for growth in the areas that are best for the City, which may or may not be areas covered by SB 50. • The alternative plans can be items that have already been adopted by local governments through previous planning efforts. • The Departments of Housing and Community Development and the Office of Planning and Research (HCD/OPR) will be responsible for developing guidelines of what a local government would need to provide as part of an alternative plan. • Local governments that choose not to pursue an alternative plan would be subject to the SB 50 provisions related to jobs-rich and transit-rich housing areas. Should a local government decide they would like to develop and submit an alternative plan at a later date, they are free to do so. Community Preference: • 40 percent of affordable units that are created pursuant to SB 50 would need to be made available (through lottery) to people who currently live within 0.5 miles of the project. After SB 50 failed, Senator Wiener introduced two spot bills related to housing that may serve as legislative vehicles for broader housing proposals to be considered later this year. The first bill, SB 899, makes non-substantive changes to the Housing Density Bonus Law which requires cities and counties to provide developers with density bonuses if the project includes a certain amount of affordable housing units. The second bill, SB 902, would require cities and counties to disclose whether they are involved in a court action related to State housing law in their annual report to the State. TPA will continue to monitor, advise, and advocate on behalf of the City as the Legislature continues to consider housing legislation in 2020. Governor’s January Budget Proposal Page 384 Item No.19. 3 On January 10, the Governor released his January Budget Proposal for the FY 2020-21 State Budget. This marks the official beginning of the State Budget process. The Governor’s January Budget Proposal contains $222.2 billion in proposed expenditures, $153.1 billion of which would be from the State’s General Fund. These proposed expenditures represent a 2.2 percent increase in spending over the budget that was adopted last year. The January Budget proposal includes a $5.3 billion surplus for FY 2020-21, which is over $1 billion lower than was projected by the Legislative Analyst’s Office in November 2019. The Governor accounted for this difference due to the uncertainty of the federal approval of the Managed Care Organization (MCO) tax. During his two and a half hour press conference, the Governor reinforced that his proposed budget makes a number of innovative investments, but does so in a way that acknowledges that the State’s economy is seeing a slowing in its growth and could slip into a recession in the near future. As such, the Governor’s budget proposal focuses largely on one-time spending items, in addition to investing in the State’s Rainy-Day fund and other budget reserves. The proposed budget would increase the State’s Rainy-Day fund to $18 billion by the end of FY 2020-21 and would reach the constitutional 10 percent reserve cap in FY 2021-22. During his press conference, the Governor touched on nearly all of the major items within his budget proposal; however, the main focus of his budget is education, housing, homelessness, and climate resiliency. Below is a summary of these major provisions: Education: The Governor’s January budget proposes $84 billion in Proposition 98 funding for K- 12 and community college districts, up approximately $3.8 billion from the current fiscal year. The bulk of this increase focuses on continued efforts to strengthen underperforming schools, close achievement gaps, and improve student services in K-12 districts. Governor Newsom specifically highlighted efforts to improve funding for teacher recruitment and retention, which total $900.1 million. An additional $100 million will be allocated to provide stipends for individuals who elect to teach at some of the state’s most needy districts. Expansion of school meal programs, increased focus on STEM, and additional funding for school facilities are also among the increases outlined in the proposal. Housing and Homeless: The Governor’s budget contains $750 million in one-time funding to establish the California Access to Housing and Services Fund, which would be administered by the Department of Social Services. This funding would be used to reduce homelessness by moving individuals and families to permanent housing and to increase the number of units available to those that are at risk of becoming homeless. The budget proposes to disperse the funding through regional administrators that can provide short and long-term rental subsidies, make contributions to the development of units, and stabilize community facilities through capital projects and operating subsidies. The Governor’s budget also continues to build on the investments that were made in last year’s budget to expand the amount of affordable housing that is produced in the State. Several of the major programs that were included as part of the FY 2019-20 State Budget, including funding for infill infrastructure and multi-family housing, are just now being made available through grant programs through the Department of Housing and Community Development. This year’s budget proposal would increase state funding to help expedite the release of those funds, as well as Page 385 Item No.19. 4 provide over $6.8 billion in funding to over 25 different programs aimed at increasing the amount of housing in California. The Governor’s budget proposal also contains funding for the State to continue to assess and make recommendations to improve the Regional Housing Needs Assessment (RHNA) process. The Governor has directed the Department of Housing and Community Development to work with stakeholders to revamp the RHNA process by 2023. This aligns with the Governor’s stated goal of working with the Legislature to expedite housing production, including making changes to local zoning and permitting processes and by adding predictability and reducing the cost of development fees. Natural Resources/Climate Change Bond: The Governor’s January budget proposal contains a new $4.75 billion climate resiliency bond that the Governor proposes to be placed on the November 2020 ballot. The bond measure would provide funding to five major areas: Drinking Water, Flood, Drought ($2.9B), Wildfire ($750M), Sea Level Rise ($500M), Extreme Heat ($325M), and Community Resilience ($250M). In addition to the new bond measure, the Governor’s budget proposes $1.7 billion in climate related investments in FY 2020-21 and $12.4 billion in investments (including the bond) over the next five years. Next Steps: In the coming weeks, the Senate and Assembly Budget Committee, and the various Budget Subcommittees, will conduct hearings to receive more detail about the various items within the Governor’s budget proposal. Additionally, the committees will begin the process of determining legislative priorities for inclusion in the budget. These hearings will continue for several months until the Governor releases his May Revise of the budget, which will contain updated revenue and expenditure figures, revised policy proposals, and incorporate certain legislative items. Once the May Revise is released, the Legislature will move swiftly to make final changes to the FY 2020-21 budget, which they will need to approve by June 15th. Statewide Water Resilience Plan On January 3, the California Natural Resources Agency, Environmental Protection Agency, and Department of Food and Agriculture released a draft water resilience portfolio to help the State address and respond more effectively to challenges such as droughts, floods, aging infrastructure, and rising temperatures. These agencies were directed to release this proposal to fulfill Governor Newsom’s April 29 executive order that called for action to better secure the State’s long-term water and ecosystem health. The actions outlined in the draft proposal include more than 100 actionable recommendations divided into four broad categories. These actions aim to help regions build water resilience, improve water infrastructure, and protect natural ecosystems. The four categories are outlined below: • Maintain and diversify water supplies: State government will continue to help regions reduce reliance on any one water source and diversify supplies to enable flexibility amidst changing conditions. Diversification will look different in each region based on available water resources, but the combined effect will strengthen resilience and reduce pressure on river systems. Page 386 Item No.19. 5 • Protect and enhance natural ecosystems: State leadership is essential to restore the environmental health of key river systems to sustain fish and wildlife. This requires effective standard-setting, continued investments, and more adaptive, holistic environmental management. • Build connections: State actions and investment will improve physical infrastructure to store, move, and share water more flexibly and integrate water management through shared use of science, data, and technology. • Be prepared: Each region must prepare for new threats, including more extreme droughts and floods and hotter temperatures. State investments and guidance will enable preparation, protective actions, and adaptive management to weather these stresses. Public comments on the draft proposal are due by February 7. Shortly after, a final water resilience portfolio will be released in order to guide State policy on water and climate related issues. Governor’s Executive Order – Homelessness On January 8, Governor Newsom issued an Executive Order related to homelessness. The order was released in order to increase State action of providing homeless Californians with additional housing opportunities. Below is a summary of the major provisions of the order: • A proposed one-time $750 million allocation included in the January Budget proposal to establish the California Access to Housing and Services Fund. The Fund will receive future state appropriations, as well as donations from philanthropy and the private sector, to provide much needed dollars for additional affordable housing units, providing rental and operating subsidies, and stabilizing board and care homes. • The Governor will task the Department of General Services with identifying properties from the inventory of excess state lands that can be used by local partners, including counties, cities, or non-profit agencies, on a short-term emergency basis to house individuals who are homeless. • Similarly, CalTrans, the Office of Statewide Health Planning and Development, and the Department of Food and Agriculture will be directed to conduct assessments of properties that can provide services to homeless individuals. • The Governor will direct the Department of General Services to supply 100 camp trailers from the state fleet, and the Emergency Medical Services Authority to deploy modular tent structures, to provide temporary housing and delivery of health and social services across the state. • The Governor will create a state crisis response team to assist local governments in addressing street homelessness. The strike team shall provide technical assistance and targeted direct support to counties, cities, and public transit agencies seeking to bring individuals experiencing homelessness indoors and connecting them with appropriate health, human, and social services and benefits. The Executive Order comes at the recommendation of the Governor’s Council of Regional Homeless Advisors which is co-chaired by Sacramento Mayor Darrell Steinberg and Los Angeles Page 387 Item No.19. 6 County Supervisor Mark Ridley-Thomas. The Advisory Council has also proposed that an initiative be placed on the November 2020 ballot that would go to California voters for approval. The initiative would include recommendations from the Advisory Council and would likely include a provision to require local and state governments to create housing and increase services to reduce the number of residents experiencing homelessness. Federal Legislative Update The impeachment trial of President Trump dominated Congress’s time in January. The House voted on January 15 to send the impeachment articles against the President to the Senate, and House Speaker Nancy Pelosi announced the seven House Democrats who will serve as the managers in the trial. The trial commenced with House managers providing testimony supporting the two articles of impeachment. Now that President Trump’s lawyers have finished presenting their case, Senators will have up to 16 hours to question either side through written queries submitted to Chief Justice John Roberts, who is presiding over the trial. The prosecution and defense will then argue whether to subpoena witnesses or documents. Democrats have demanded the inclusion of witnesses while most Republicans oppose. Should the call for witnesses be rejected by the full Senate, the impeachment trial is likely to end quickly, with a predicted vote against removal from office. If witnesses are called, it is likely that the trial will last several weeks longer. Either outcome will continue to impact the Senate’s ability to address appropriations and other legislative priorities. Fiscal Year 2021 Appropriations In January, House Democrats announced that they are preparing to move quickly on Fiscal Year 2021 appropriations bills. Party leaders set a goal of sending 10 of the 12 fiscal spending measures on the House floor by June, which would match their progress at the same point last year. The White House announced in January that Congress should expect the President’s annual budget by February 10, which will allow lawmakers to quickly begin holding relevant congressional committee hearings and markups. PFAS/PFOA Update The U.S. Environmental Protection Agency (EPA) recently issued Interim Recommendations for Addressing Groundwater Contaminated with Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonate (PFOS) under federal cleanup programs, a priority action under EPA’s PFAS Action Plan. With these interim recommendations, EPA is prioritizing public health impacts by focusing on addressing any groundwater that is a current or potential source of drinking water. The recommendations in this guidance may be useful for state, tribal, or other regulatory authorities who have are experiencing challenges with contaminated drinking water. H.R. 535 PFAS Action Act On January 10, 2020, the House passed the “PFAS Action Act” (H.R. 535), which incorporates key provisions and programs to combat PFAS contamination in drinking water. Introduced by Congresswoman Debbie Dingell (D-MI), the bill requires the EPA to designate PFOA and PFOS Page 388 Item No.19. 7 chemicals as “hazardous substances.” In addition to the aforementioned requirement, the bill also includes several provisions intended to address the risks, particularly health risks, of using firefighting foam containing PFAS chemicals. Specifically, the bill would require the EPA to issue guidance for firefighters and first responders to limit the use of foam and other firefighting materials containing PFAS. This effort would be critical in the attempt to minimize health risks associated with PFAS exposure. This bill is now in the Senate for further consideration. Water This month, the House Transportation & Infrastructure Committee Subcommittee on Water Resources and Environment began the second session of the 116th Congress with a hearing on potential proposals for the upcoming Water Resources Development Act (WRDA) of 2020. WRDA is a significant legislative package, as it determines federal water resources infrastructure policy and provides congressional approval for civil works projects for waterways and harbors nationwide. WRDA generally addresses projects covered in the U.S. Army Corps of Engineer’s work plan and is usually reauthorized biannually. The current legislation is set to expire on September 30, 2020. During the hearing, key topics of discussion included creating legislation that focuses on priorities such as providing more flexibility to non-federal entities to complete local infrastructure projects autonomously, prioritizing pending projects with high economic and public safety benefits, and streamlining the permitting process to expedite project completion timelines. A committee hearing is the first step in a long process of finalizing water infrastructure legislation. Next, committee staff will use information discussed in the hearing to draft legislation, and the full committee will debate it in a markup before sending to the House floor for full chamber consideration. H.R.5659/S.2318 Protecting Community Television Act In January, Senator Ed Markey (D-MA) and Congresswoman Anna Eshoo (D-CA) jointly introduced the “Protecting Community Television Act (H.R.5659/S.2318),” which would specifically protect frameworks and fee structures developed between municipalities and cable companies. If passed, the “Protecting Community Television Act” would set a clear precedent by requiring franchise fees to be limited specifically to cash payments; new FCC rules have made this classification unclear by indicating that cable companies can deduct “in kind” services from their fees. The bill has already obtained support from at least 24 members of Congress, who agreed to become bill co-sponsors prior to introduction. Beginning in 1984, cable franchises included requirements designed to ensure that cable systems served the needs and interests of the community. Additionally, they required cable operators to pay a rent for use of public property in the form of a franchise fee of up to 5 percent of gross revenues from service provision. Congress also further reinforced this mandate by stipulating that franchise requirements should not be treated as franchise fees. The FCC recently overturned this longstanding practice and precedent, and instead determined that localities must either eliminate franchise requirements or allow the operator to deduct the “fair market value” of the requirements from the franchise fee owed. Introducing this legislation in both chambers is advantageous, as it increases the likelihood of the bill’s passage while also reducing the chance of any further FCC actions on this topic. Page 389 Item No.19. 8 Federal Grant Opportunities WaterSMART Small-Scale Water Efficiency Projects Grant Program In January, the U.S. Department of the Interior announced a notice of funding for the Bureau of Reclamation’s (BOR) the Small-Scale Water Efficiency Projects Program. This program provides funding opportunities for projects that conserve and use water more efficiently, mitigate conflict risk in areas at a high risk of future water conflict, and accomplish other benefits that contribute to water supply reliability in the western United States. To be competitive, projects should be identified as priority projects in planning efforts and be in the final design stage, have secured non-Federal funding, and have initiated or completed environmental/cultural compliance along with any other required approvals. Grants of up to $75,000 will be awarded, with a required non-Federal cost share of at least 50% of total project cost. In general, total project cost should be $200,000 or less. BOR expects to make between 20 and 30 awards for this cycle. Applications will be due on March 4, 2020 for the first round of the program for this year and a second 2020 deadline will be forthcoming. Nationally Significant Freight and Highway Projects (INFRA) Grant Program This month, the U.S. Department of Transportation announced a notice of funding opportunity for its Nationally Significant Freight and Highway Projects (INFRA) Grants Program. INFRA advances a grant program established in the FAST Act of 2015 to help rebuild America’s aging infrastructure. INFRA utilizes selection criteria that promote projects with national and regional economic vitality goals while leveraging non-federal funding to increase the total investment by state, local, and private partners. The program also incentivizes project sponsors to pursue innovative strategies, including public-private partnerships. INFRA promotes the incorporation of innovative technology such as broadband deployment and intelligent transportation systems, which will improve the national transportation system. A total of $906 million is available for funding, and grants may be used for up to 60 percent of future eligible project costs. The Department will make awards under the INFRA program to large and small projects. For a large project, the INFRA grant must be at least $25 million. For a small project, the grant must be at least $5 million. Applications will be due on February 25, 2020 to ensure sufficient time for a comprehensive evaluation process. Office of Community Oriented Policing (COPS) Grant Program This month, the Office of Community Oriented Policing (COPS) announced a notice of funding opportunity for the Hiring Grant Program as well as the Microgrants Program. Both applications will be due on March 11, 2020. The COPS Hiring Program provides funding to hire and re-hire entry level career law enforcement officers in order to preserve jobs, increase community policing capacities and support crime prevention efforts. The Hiring Grant provides 75 percent of the approved entry-level salaries and fringe benefits of each newly hired and/or rehired full-time officer, up to $125,000 per officer position, over the three-year (36 month) grant period. The grant requires you to identify a specific crime and disorder problem/focus area and explain how COPS funding will be used to implement community policing approaches to that problem/focus area. Total available funding is $400 million Page 390 Item No.19. 9 with a maximum of $125,000 per officer hired. Applicants are required to contribute a local cash match of a minimum of 25% towards the total cost of the approved project during the award period. The COPS Microgrants Program funds are used to develop the capacity of law enforcement to implement community policing strategies by providing funding to local, state, and tribal law enforcement agencies. Applicants are invited to propose demonstration or pilot projects to be implemented in their agency that offer creative ideas to advance crime fighting, community engagement, problem solving, or organizational changes to support community policing in one of ten areas. 23 awards are available with a maximum award amount of $100,000. There is no requirement for cost sharing or a local match for Microgrants awards. Assistance to Firefighters Grant (AFG) Program In January, the Federal Emergency Management Agency (FEMA) announced a notice of funding for the upcoming round of the Assistance to Firefighters Grants (AFG) Program. The Assistance to Firefighters Grant (AFG) Program is one of three grant programs that constitute the Department of Homeland Security (DHS), Federal Emergency Management Agency’s (FEMA) focus on enhancing the safety of the public and firefighters with respect to fire and fire-related hazards. The AFG Program accomplishes this by providing financial assistance directly to eligible fire departments, nonaffiliated emergency medical service (EMS) organizations, and State Fire Training Academies (SFTA) for critical training and equipment. Funding for this year is set at $700 million. There is a requirement for cost sharing or a local match based on population. An applicant must provide 5% for populations under 20,000, 10% for populations between 20,000 and 1 million, and 15% for populations over 1 million. This requirement must be a hard cash match and is not required at the time of application OR at time of award. Applicants only need to show proof of submission of a cash match in close-out reports at end of first year performance period. The AFG application period will open on Monday, February 3, 2020, and the due date is Friday, March 13, 2020. Page 391 Item No.19. Pending Litigation Against the City (does not include litigation initiated by the City) 1. Urban Logic v. City of Beaumont et al., Case No. RIC 1707201 (Pre-Trial) 2. Aguirre et al. v. City of Beaumont et al., Case No. RIC 1810937 (Pre-Trial) 3. Elizabeth Serrato v. City of Beaumont, Case No. RIC 1820593 (Pre-Trial) 4. Angela Santa Cruz, individually and as Guardian ad litem for M.L.V., a minor v. City of Beaumont et al., Case No. 2:18-CV-08427 (Pre-Trial) 5. Charles Peters dba Pioneer Mobile Village v. City of Beaumont, et. al, Case No. RIC 1707116 To: City Council From: John O. Pinkney, City Attorney Date: January 27, 2019 Re: Status of Pending Litigation Against City of Beaumont Page 392 Item No.20.