HomeMy Public PortalAboutOrdinance 850ORDINANCE NO. 850
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BEAUMONT, CALIFORNIA, ADOPTING THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF BEAUMONT AND
LBIL-SUNCAL OAK VALLEY LLC
(PURSUANT TO GOVERNMENT CODE SECTIONS 65864-65869.5)
WHEREAS, in order to strengthen the public planning process, to encourage private
participation in comprehensive planning, and the reduce the economic risks of development, the
Legislature of the State of California has adopted Sections 65864 through 65869.5 of the
Government Code which authorize the City of Beaumont (hereinafter referred to as "City') to enter
into a Development Agreement; and
WHEREAS, the Beaumont City Council certifies that an Addendum to the Environmental
Impact Report (EIR No. 418) certified by the Riverside County Board of Supervisors for the SCPGA
at Oak Valley Specific Plan was certified by the Beaumont City Council in 2002 in conjunction with
the approval of Specific Plan No. 318 and the annexation of the subject site to the City of Beaumont,
which includes the properties being acquired by LB/L-Suncal Oak Valley; and the City Council finds
that the findings made in connection with the approval of Specific Plan No. 318 and the associated
annexation proceedings remain valid and applicable to the subject actions; and
WHEREAS, the applicant, LB/L-Suncal Oak Valley, proposed and submitted and City staff
has reviewed and negotiated the Development Agreement between the City and Beaumont/SCC
Acquisitions, to govern the development of the portions of Specific Plan No. 318 being acquired by
the Beaumont/SCC Acquisitions; and
WHEREAS, duly noticed public hearings were conducted on this matter as required by law
by the Planning Commission on September 9, 2003 and the City Council on November 4, 2003 and
the Planning Commission recommends that the City Council approve the proposed Development
Agreement based upon the following findings:
1. The proposed agreement is consistent with the objectives, policies, general land uses
and programs specified in the Beaumont General Plan; .
2. The proposed agreement facilitates land uses which are compatible with the uses
authorized in, and the regulations prescribed for, the land use districts in which the real
property is located;
3. The proposed agreement is in conformity with public convenience, general welfare and
good land use planning practice;
4. The proposed agreement will not be detrimental to the health, safety and general
welfare;
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ORDINANCE NO. 850
5. The proposed agreement will not adversely affect the orderly development of the
property or the preservation of property values;
6. The proposed agreement will facilitate quality master planned development which will
aid in the economic development of the City; and
7. The proposed agreement will not have an adverse impact on the environment.
WHEREAS, the City Council of the City of Beaumont has reviewed the reasons for the
recommendation of approval by the Planning Commission as described above.
THEREFORE, THE C1TY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1: It has been determined that:
A. The provisions of the Development Agreement between the City and LB/L- Suncal
Oak Valley are consistent with the General Plan; and
B. The Development Agreement complies with all applicable zoning, subdivision and
building regulations; and
C. The Development Agreement states the duration of the Agreement shall be a period
of 25 years, sets forth the uses of the property, and the density and intensity of use, and sets forth the
maximum height and size of proposed buildings and provides for the reservation, dedication and
improvement of land uses for public facility uses; and
D. A series of conditions of approval have been provided for in the Development
Agreement which will set forth the further steps and requirements for development of the property.
SECTION 2: The Development Agreement between the City and LB/L-Suncal Oak Valley,
attached hereto as Exhibit "A" is hereby approved and the Mayor of the City of Beaumont is
authorized and directed to execute said Development Agreement on behalf of the City on or after the
date when by law this Ordinance shall take effect.
SECTION 3: This Ordinance shall take effect thirty (30) days after its final passage and
within fifteen (15) days after its passage the City Clerk shall cause a summary to be published in a
newspaper of general circulation, printed and published in the City of Beaumont, in a manner
prescribed by law for publishing of ordinances of said City.
ORDINANCE NO. 850
MOVED AND PASSED UPON THE FIRST READING THIS 4T11 DAY OF
NOVEMBER, 2003 BY THE FOLLOWING VOTE:
AYES: Mayor DeForge, Council Members Dressel, Berg, and Fox.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Valdivia.
MOVED, PASSED, and ADOPTED this 18"' Day ofNovember, 2003 by the following Vote:
AYES: Mayor DeForge, Council Members Dressel, Berg, Fox, and Valdivia.
NOES: None.
ABSTAIN: None.
ABSENT: None.
r
MAYOR OF THE T Y OF BEAUMONT
ATTEST:
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
(909) 769-8520
FAX (909) 769-8526
Email: cityhaff@ci.beaumont.ca.us
www.ci.beaumont.ca.us
LEGAL NOTICE
NOTICE IS HEREBY GIVEN, that the Beaumont City Council shall conduct a public
hearing at 6:00 p.m. on Tuesday, November 4, 2003 in the room 5 at the Beaumont Civic
Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and
comments from all interested persons regarding the adoption of the following matter(s):
Ordinance No. 850
An Ordinance of the City Council of the City of Beaumont, California,
Adopting the Development Agreement Between the
City of Beaumont and Beaumont/SCC Acquisitions
(Pursuant to the Government Code Sections 65864-65869.5)
Interested person may submit written comments on this matter to the City Clerk at 550
East 6th Street, Beaumont, California 92223.
Date: October 29, 2003
Shelby Hanvey
Deputy City Cl 4 k
Published: Record Gazette — One time on October 31, 2003
IN THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF RIVERSID
NO. 427
Notice Is Hereby Given — Beaumont
City Council — Ordinance No. 850 -
City of Beaumont — Beaumont/SCC
Acquisitions
STATE OF CALIFORNIA
} SS
County of Riverside
I am a citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested in the above entitled
matter: I am the principal clerk of the . .
printer of
The Weekly Record Gazette
a newspaper of general circulation, printed
and published weekly in the City of Ban-
ning, County of Riverside and which
newspaper has been adjudged a newspa-
per of general circulation by the Superior
Court of the County of Riverside, State of
California, under date of
October 14, 1966 Case Number 54737
that the notice, of which the annexed is a
printed copy, has been published in each
regular and entire issue of said newspaper
and.not in any supplement thereof on the ..
following dates -to -wit.
10/31
all in the year 2003
I certify (or declare) under penalty of per-
jury that the foregoing is true and correct.
signature
Date 10/31/2003
at Riverside, California.
This space for County Clerk's Filing Stamp
NOTICE IS HE'EBY
GIVEN. that the Beau ont
City Council shall con.uct a
public hearing at 6:00 p.m.
on Tuesday, Novemb=r 4,
2003 in the room 5 -t the
Beaumont Civic Cente , 550
E. 6th Street, Beau ont,
California 92223, to re eive
testimony and com ents
from all interested pe sons
regarding the adoption of
the following matter(s)
Ordinance No. 850
An Ordinance of the City
Council of the Ci , of
Beaumont, Calif.rnia,
Adopting the Develo.ment
Agreement Between the
City of Beaumont and
Beaumont/SCC
Acquisitions (Pursua t to
the Government ode
Sections 65864-6586•.5)
. Interested person ma sub-
mit written commen on
this matter to the City lerk
at 550 East 6th S rest,
Beaumont, Cali ornia
92223.
Date: October 29, '003.
-s- Shelby H. nvey
Shelby H nvey
Deputy City Clerk
Publish The R:cord
Gazette
No. 427
10/31, 2003
i .11M[IL
RECORDING REQUESTED BY, AND
WHEN RECORDED, MAIL TO:
City Clerk
City of Beaumont
550 East Sixth Street
Beaumont, California 92223
EXEMPT: GOV'T CODE § 6103
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(Space above this line for Recorder's use)
DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF BEAUMONT
AND
LB/L—SUNCAL OAK VALLEY LLC
(Pursuant to California Government Code Sections 65864 - 65869.5
and City of Beaumont Resolution No. 1987-34)
November 18. 2003
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DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT ("Agreement") is entered into to be
effective on the date of recordation, between LB/L-SUNCAL OAK VALLEY LLC, a
Delaware limited liability company (the "Developer"), and the CITY OF BEAUMONT, a
municipal corporation organized and existing under the laws of the State of California (the
"City"). The Developer and the City are sometimes collectively referred to herein as the
"parties."
RECITALS:
This Agreement is predicated upon the following facts:
A. These Recitals use certain capitalized terms which are defined in this
Agreement.
B. Government Code Sections 65864 - 65869.5 authorize the City to enter
into binding development agreements with persons having a legal or equitable interest in real
property for the development of such property, all for the purpose of strengthening the public
planning process, encouraging private participation and comprehensive planning and reducing
the economic costs of such development. The City has implemented the law contained in such
sections by adopting Resolution No. 1987-34, titled "Establishing Procedures and Requirements
for Consideration of Development Agreements" (such Resolution, together with the
aforementioned Government Code Sections, are being referred to herein as the "Development
Agreement Law").
C. This Agreement is adopted pursuant to the Development Agreement Law.
D. Developer has entered into a Purchase and Sales Agreement with Oak
Valley Partners, L.P., a Texas limited partnership ("Oak Valley Partners"), to acquire
undeveloped land owned by Oak Valley Partners located in the City and more particularly
described on Exhibit "A" and as shown on Exhibit "B" attached and made a part of this
Agreement (the "Property"). On April 9, 2003, the Riverside Local Ageney Formation
Commission issued and recorded the Certificate of Completion annexing the land owned by Oak
Valley Partners, including the Property.
E. The Developer intends to develop the Property in accordance with the
Development Plan, as hereinafter defined (the "Project"). The Project is highly capital
intensive, especially in its initial phases, which, in order to make the Project economically and
fiscally feasible, requires major commitment to and investment in public facilities and on-site
and off-site infrastructure improvements prior to the construction and sale or leasing of
residential and commercial buildings. This Agreement will facilitate the logical and orderly
development of the Project in the City.
F. The City has determined the Development Plan is consistent with the City
General Plan and has approved the Development Plan in order to promote the health, safety and
welfare of its citizens and protect the quality of life of the community and the surrounding
environment. The Development Plan consists of Specific Plan No. 318 which was approved for
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the Property by the County of Riverside ("County") on August 14, 2001, for which the County
prepared and certified Environmental Impact Report No. 418 (the "EIR"). As part of the process
of approving the Development Plan, the City has prepared and reviewed, pursuant to the
California Environmental Quality Act ("CEQA"), an Addendum to the EIR, with respect to the
potential significant impacts of the Project resulting from its annexation to the City and made a
Finding of Substantial Conformance with Specific Plan 318. The City has determined based on
that review that the EIR adequately addresses the potential significant impacts of the Project, and
that accordingly neither a supplemental nor subsequent environmental impact report is required
for the Development Plan and this Agreement.
G. All of the proceedings relating to the approval of the Agreement have been
conducted in accordance with the Development Agreement Law and CEQA.
H. On November 18, 2003, the City Council of the City adopted Ordinance
No. 849 approving this Agreement with the Developer.
I. The terms and conditions of this Agreement have undergone extensive
review by the City and its City Council and have been found to be fair, just and reasonable, and
the City has found and determined that the execution of this Agreement is in the best interest of
the public health, safety and general welfare of the City and its residents and that adopting this
Agreement constitutes a present exercise of its police power.
AGREEMENT
In light of the foregoing Recitals, which are an operative part of this Agreement,
the parties agree as follows:
1. DEFINITIONS.
"Agreement" is this Development Agreement.
"Agreement Date" is the date this Agreement is approved by the City Council.
"Alternative Financing Mechanism" has the meaning given that phrase in
Section 10.5 below.
"CEQA" is the California Environmental Quality Act, Public Resources Code
section 21000 et seq.
"CFD" is a Community Facilities District formed pursuant to the Mello -Roos
Community Facilities Act of 1982, California Government Code section 53312 et seq.
"City" is the City of Beaumont, California.
"City's Discretion" is discretion exercised by the City in accordance with the
policies and principles set forth in the Development Plan, this Agreement and the procedures in
effect as of the Effective Date such that the approvals given by the City to the Developer
pursuant to the exercise of such discretion shall not be unreasonably withheld or delayed.
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IMP
"County" is the County of Riverside, Califomia.
"Developer" is LB/L—Suncal Oak Valley LLC, a Delaware limited liability
company.
"Development Agreement Law" is California Government Code sections 65864
et seq., and Resolution No. 1987-34, titled "Establishing Procedures and Requirements for
Consideration of Development Agreements."
"Development Plan" is, collectively, the permits and approvals listed on
Exhibit "C."
"Effective Date" is that date which is the later to occur of (a) the expiration of the
time for filing a referendum petition relating to this Agreement if no such petition is filed within
such period; or (b) the certification of the results of a referendum election are declared approving
this Agreement if a referendum petition is filed within the applicable period.
"EIR" is Environmental Impact Report No. 418 ("EIR") for Specific Plan 318
certified by the County of Riverside on August 14, 2001, and the "Addendum" prepared for the
Project and approved by the City Council on November 5, 2002.
"Project" is the proposed development of the Property included within the
Development Plan and associated amenities, including, without limitation, on-site and off-site
improvements contemplated by the Development Plan, as the same may be further defined,
enhanced or modified pursuant to the provisions of this Agreement.
"Property" is the real property on which the Project is, or will be, located as
described on Exhibit "A" attached hereto and shown on Exhibit "B" attached hereto.
2. EXHIBITS. The following documents are referred to in this Agreement, attached hereto
and incorporated herein by this reference:
Exhibit Designation Description
A Legal Description of the Property
B Map of the Property
C List of Permits and Approvals
D City Conditions of Approval
3. MUTUAL BENEFITS. This Agreement is entered into for the purpose of implementing
the Development Plan for the Project in a manner that will secure certain assurances to the
Developer that the Property may be developed in accordance with the Development Plan and this
Agreement, and certain benefits to the City as set forth in this Agreement. The City and the
Developer agree that, due to the size and duration of the Project, the Agreement is necessary to
achieve those desired benefits.
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4. INTEREST OF THE DEVELOPER. The Developer represents that the Developer
owns an equitable interest in the Property under a legally binding contract to purchase the
Property.
5. BINDING EFFECT OF AGREEMENT. The terms and conditions of this Agreement
shall be binding upon and inure to the benefit of the parties and their successors and assigns as
set forth herein.
6. PROJECT AS A PRIVATE UNDERTAKING. It is specifically understood and
agreed that the development of the Project is a private and not a public sector development, that
neither party is acting as the agent of the other in any respect hereunder, and that each party is an
independent contracting entity with respect to the terms, covenants and conditions contained in
this Agreement. No partnership, joint venture or other association of any kind is formed by this
Agreement. The only relationship between the City and the Developer is that of a government
entity regulating the development of private property by the equitable owner of such Property.
7. TERM. The term of this Agreement shall be twenty-five (25) years following the
Effective Date. Expiration of the term of this Agreement shall not in any manner affect rights
which have otherwise vested under applicable law.
8. HOLD HARMLESS The Developer shall hold the City, its officers, agents, employees
and representatives harmless from liability for damage or claims for damage for personal injury,
including death and claims for property damage, arising on the Property from', the wrongful or
negligent activities of the Developer or those of the Developer's contractors, subcontractors,
agents, employees or other persons acting on the Developer's behalf which relate to the Project.
In the event any person not a party or a successor to a party to this Agreement institutes any type
of action against the City with respect to this Agreement, City and Developer shall cooperate in
defending against the action, provided that City may, in its sole discretion, elect to tender the
defense of such action to the Developer. If the Developer accepts the tender, the Developer shall
thereafter hold City harmless from and defend City from all costs and expenses incurred in the
defense of such action, provided that City fully cooperates with the Developer in the defense of
such action. If the Developer declines the tender, then City shall have no further obligation or
duty to defend the action.
9. VESTED RIGHT. By entering into this Agreement the City grants to the Developer a
vested right to develop the Property in accordance with the Development Plan. The City shall
not enact and enforce against the Project an ordinance, policy, rule, regulation or other measure
which significantly alters the rate, type, manner, density, timing or sequencing of the Project. In
addition to and not in limitation of the foregoing, it is the intent of the Developer and the City
that no moratorium, whether relating to the rate, type, manner, density, timing or sequencing of
the Project and whether or not enacted by initiative or otherwise, except a moratorium imposed
by the City to implement State or Federal laws, statutes, regulations, policies or orders as
provided in Section 11.2, affecting parcel or subdivision maps, building permits, plot plans,
special use permits, conditional use permits, occupancy certificates or other entitlements to use
or permits approved, issued or granted within the City, or portions of the City, shall not apply to
the Project to the extent such moratorium or other limitation is in conflict with the Development
Plan. Notwithstanding the foregoing, should an ordinance, general plan or zoning amendment,
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amendment to this Agreement under Government Code Section 65868 and, unless otherwise
required by law, no such administrative amendments shall require prior notice or hearing. As
part of this Agreement, City understands and agrees that (i) any planning area designated for
commercial use or park use, may instead be developed with residential dwelling units at an
average density of up to 5.2 units per net acre, without further amendment of the Development
Plan.
10.5 Mello -Roos Communities Facilities Districts; Other Assessment Districts or
Financing Mechanisms. Pursuant to Chapter 2.5 (commencing with section 53312) Part 1,
Division 2, Title 5 of the Government Code of the State of California, commonly known as the
"Mello -Roos Community Facilities Act of 1982," the Developer may, at its sole election, petition
the City Council of the City or a joint powers agency in which the City is a member to establish a
Community Facilities District ("CFD"), in accordance with the City's policies in existence on the
Effective Date. Alternatively, or in addition thereto, the Developer may request that the City
initiate and complete proceedings under the Municipal Improvement Act of 1911, the Municipal
Improvement Act of 1913, the Improvement Bond Act of 1915, the Landscaping and Lighting
Act of 1972, or any and all other available public financing mechanism, to provide public
conduit financing for the construction of public infrastructure improvements on the Property
("Alternative Financing Mechanisms"). If so requested by the Developer, the City shall
cooperate with the Developer (or, for matters beyond its control, shall use its best efforts) in
taking all steps necessary to cause the CFD or Alternative Financing Mechanisms to issue bonds
for such purposes. If the Property is included within a CFD or Altemative Funding Mechanism
with other surrounding properties, the special taxes or special assessments burdening the various
properties so included shall be apportioned on a fair share basis related to the benefit derived by
each of such properties in accordance with City policies at the time such property is included.
10.6 Public Services and Facilities. The Development Plan requires an integrated
roadway system, and other public facilities including parks, schools, storm drains, and water and
sewer facilities. City will reasonably assist Developer in obtaining public facilities and services
for the Project on a timely basis in keeping with the pace of development of the Property. To the
extent that the Developer constructs, installs or provides financing for public facilities or other
public infrastructure improvements that benefit lands outside of the Property, the City shall use
best reasonable efforts to adopt such ordinances, mitigation fees, liens or assessments as are
necessary to provide credits, reimbursements, or in-kind funding to the Developer for the fair
share of the benefits conferred upon such lands other than the Property by such public facilities
or infrastructure improvements.
10.7 Other Governmental or Quasi -Governmental Permits. The Developer shall
apply for such other permits and approvals as may be required by other governmental or
quasi-govemmental agencies having jurisdiction over the Project (such as public utilities or
utility districts, or other federal or state agencies) to the extent required for the development of,
or provision of, services and facilities to the Project as set forth in the Development Plan. The
City shall cooperate with and assist the Developer in obtaining such permits and approvals, and,
where necessary in making application for such approvals or permits. The Developer shall be
solely responsible for all costs and shall be responsible for the processing of all such permits.
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measure, moratorium, policy, rule, regulation or other limitation enacted by the citizens of the
City through the initiative process be determined by a court of competent jurisdiction to
invalidate or prevail over all or any part of the Development Plan, the Developer shall have no
recourse against the City pursuant to this Agreement. The foregoing shall not be deemed to limit
the Developer's right to appeal any such determination of such ordinance, general plan or zoning
amendment, measure, policy, rule, regulation, moratorium or other limitation which purports to
invalidate or prevail over all or any part of this Agreement.
10. DEVELOPMENT OF THE PROJECT.
10.1 Phasing and Timing of Development. When or the order in l which Project
phases will be developed, or whether it will be developed at all, depend upon numerous factors
which are not within the control of the Developer or City, such as market orientation and
demand, interest rates, availability of funding, competition and other similar factors.
Accordingly, to the extent permitted by the Development Plan and this Agreement, the
Developer shall have the right to develop the Project in phases in such order and at such times as
the Developer, in its sole discretion, deems appropriate within the exercise of its subjective
business judgment; provided, however, that the City reserves the right to review, condition and
approve each phase through discretionary and ministerial approvals consistent with this
Agreement.
10.2 Effect of Agreement on Land Use Regulations. The rules, regulations and
policies governing permitted uses of property, the density and intensity of use of property, the
maximum height and size of proposed buildings and the design, improvement, construction and
development standards and specifications applicable to development of property are those rules,
regulations and policies in force as of the date of the Agreement, and those rules, regulations and
official policies which may hereinafter be adopted by the City in accordance with Section 11.1
hereof, or State or Federal laws, statutes, regulations, policies or orders as provided in
Section 11.2.
10.3 Application Processing. In connection with any approval which the City is
permitted or has the right to make under this Agreement relating to the Project, or otherwise
under its rules, regulations and official policies, the City shall exercise the City's discretion or
take action in a manner which is as expeditious as reasonably possible.
10.4 Administrative Changes and Amendments. The parties acknowledge that
further planning and development of the Project may demonstrate that refinements and changes
are appropriate with respect to the details of the Project or interpretation of the Development
Plan. If and when the parties find that minor changes or adjustments are necessary or
appropriate to the Project or the Development Plan, they shall, unless otherwise required by law,
effectuate such changes or adjustments through administrative amendments approved by the
Director of Planning, which, after execution, shall be attached hereto as addenda and become a
part hereof, and may be further changed and amended from time to time as necessary, with
approval by the Director of Planning as may be requested by the Developer. Minor changes or
amendments shall be those which are consistent with the overall intent of the Development Plan
and this Agreement and which do not materially alter the overall nature, scope, or design of the
Project. Any such minor administrative changes or amendments shall not be deemed to be an
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10.8 Consistency Between This Agreement and Current Laws. The City represents
that as of the date of the execution of this Agreement, there are no rules, regulations, ordinances
or official policies of the City that would interfere with the development of the Project according
to the Development Plan.
10.9 Assessments, Fees, Mitigation and Exactions. The City shall not impose any
future assessment, fee, mitigation measure or exaction on the Project or any portion thereof,
except (a) those existing and proposed assessments, fees, mitigation measures and exactions
included in Exhibit "C", (b) such other fees, assessments and exactions as may be adopted or
imposed by the City in conformance with the requirements of Article XIII D of the California
Constitution, (c) such other development impact fees or categories of development impact fees
which are adopted on a City or County -wide basis or as required as a condition to obtaining
County funding; and (d) such other development impact fees or categories of development
impact fees which are imposed on other development projects in the City and are adopted and
levied based on a benefit assessment. Fees payable to City shall be at rates applicable on the
date the fee is paid. City shall recognize and apply a dollar -for -dollar in -lieu credit against any
and all fees, for and equal to the cost of improvements and/or dedications made in the
development of the Project by the Developer, or funded by any CFD or Alternative Financing
Mechanism including the Property, and for which the fees would otherwise be imposed. City
further agrees to use any fees paid with respect to development of the Project to fund
improvements which benefit the Project, to the fullest reasonable extent available and applicable
under the law. Any payments made to the City as required in that certain settlement agreement
between the Developer and the Cherry Valley Acres and Neighbors settling a lawsuit against
Specific Plan 318 shall be treated by City as an advance and credit against any fees that may be
imposed by the City for the same purposes as the payment.
10.10 Reimbursement by the City. Pursuant to Government Code Section 65865.2,
the City hereby agrees that as future development fees, assessments and exactions are imposed
on future projects which have benefited from the fees, assessments and exactions paid by the
Developer, the City shall promptly reimburse the Developer to the extent that such fees,
assessments and exactions paid by Developer benefited lands outside of the Property, but only to
the extent that the City actually receives or collects such fees, assessments or exactions for a
period of ten years from the date the fee was paid.
11. RULES, REGULATIONS, REQUIREMENTS AND OFFICIAL POLICIES.
11.1 New Rules. This Agreement shall not prevent the City from applying the
following new rules, regulations, requirements and policies, if applied on a City-wide or area of
benefit basis:
11.1.1 Processing fees and charges imposed by the City which cover only the
estimated actual costs to the City of processing applications for development approvals, for
monitoring compliance with any development approvals or for monitoring compliance with
environmental impact mitigation measures.
11.1.2 Procedural regulations relating to hearing bodies, petitions, applications,
notices, findings, records, hearings, reports, recommendations, appeals and any other matter of
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procedure, provided that such changes in procedural regulations do not have the effect of
materially interfering with the benefits conferred by this Agreement.
11.1.3 Regulations governing construction standards and specifications
including, without limitation, the City's Building Code, Plumbing Code, Mechanical Code,
Electrical Code and Fire Code.
11.1.4 Regulations which are necessary to protect public health and safety,
provided that to the maximum extent possible such regulations shall be designed, construed and
applied in a manner to preserve the benefits of this Agreement.
11.1.5 New or increased fees or categories of fees imposed as a condition of
development, for the purpose of defraying all or a portion of the cost of public facilities (as
defined in Government Code Sections 66000 et seq) related to development projects.
11.1.6 Regulations which are in conflict with the Development Plan or this
Agreement if such regulations have been consented to in writing by the Developer.
11.2 State and Federal Laws. In the event that State or Federal laws or regulations
enacted after this Agreement is executed prevent or preclude compliance with one or more of the
provisions of this Agreement, such provisions of this Agreement shall be modified or suspended
as may be necessary to comply with such State or Federal laws or regulations; provided,
however, that this Agreement shall remain in full force and effect to the extent it is not
inconsistent with such laws or regulations and to the extent such laws or regulations do not
render such remaining provisions impractical to enforce.
12. AMENDMENT OR CANCELLATION OF AGREEMENT. This Agreement may be
amended or canceled in whole or in part only by mutual consent of the parties in the manner
provided for in Government Code Section 65868.
13. ENFORCEMENT. Unless amended or canceled as provided in Section 12 above, or
modified or suspended pursuant to Government Code Section 65869.5, this Agreement is
enforceable by either party hereto notwithstanding any change in any applicable general or
specific plan, zoning, or subdivision regulation or standard adopted by the City (or by the voters
of the City unless found by a court of competent and final jurisdiction to prevail over this
Agreement) which alters or amends the Development Plan or is inconsistent with this
Agreement.
14. PERIODIC REVIEW OF COMPLIANCE WITH AGREEMENT. The City shall
review this Agreement at least once every year from the date this Agreement is executed.
During each periodic review, each party is required to demonstrate good faith compliance with
the terms of this Agreement. Such periodic review shall be conducted administratively by the
City Manager and any appropriate department heads designated by the City Manager to perform
such periodic review. If the City Manager finds that the Developer is not in good faith
compliance with this Agreement, the Developer shall have the right to appeal such finding to the
City Council. The City Council on appeal shall not hold a public hearing to review a finding that
the Developer is not in good faith compliance with this Agreement unless so requested by the
Developer in writing at the time of the submission of such appeal. The City shall notify the
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IVIII 1!I�LII.
0
Developer in writing of the date for review at least thirty (30) days prior thereto. The Developer
shall pay or reimburse the City for the City's reasonable costs incurred in connection with such
periodic reviews.
15. Events of Default.
15.1 Default by the Developer. If the City Council determines on the basis of
substantial evidence upon appeal of the City Manager's decision pursuant to Section 14 hereof
that the Developer has not complied in good faith with the terms and conditions of this
Agreement, it shall, by written notice to the Developer, specify the manner in which the
Developer has failed to so comply and state the steps the Developer must take to bring itself into
compliance. If, within sixty (60) days after the effective date of notice from the City specifying
the manner in which the Developer has failed to so comply, the Developer does not commence
action reasonably necessary to bring itself into compliance as required and thereafter diligently
pursue such steps to completion, then the Developer shall be deemed to be in default under the
terms of this Agreement and the City may, if such failure persists after thirty (30) days' prior
written notice, exercise its rights and remedies pursuant to Section 15.3.
15.2 Default by the City. If the Developer determines on the basis of substantial
evidence that the City has not complied in good faith with the terms and conditions of this
Agreement, the Developer shall, by written notice to the City, specify the manner in which the
City has failed to so comply and state the steps the City must take to bring itself into compliance.
If, within sixty (60) days after the effective date of notice from the Developer specifying the
manner in which the City has failed to so comply, the City does not commence steps reasonably
necessary to bring itself into compliance as required and thereafter diligently pursue such steps to
completion, then the City shall be deemed to be in default under the terms of this Agreement and
if such failure persists after thirty days prior written notice, the Developer may terminate this
Agreement or seek specific performance as set forth in Section 15.3.
15.3 Specific Performance Remedy. Due to the size, nature and scope of the Project,
it will not be practical or possible to restore the Property to its natural condition following
development of all or any portion of the Property. After such development, the Developer may
be foreclosed from other choices it may have had to utilize the Property. The Developer has
invested significant time and resources and performed extensive planning and processing of the
Project in agreeing to the terms of this Agreement and will be investing substantially more time
and resources in implementing the Project in reliance upon the terms of this Agreement. It
would be difficult or impossible to accurately determine the sum of money which would
adequately compensate the Developer for such efforts. For the above reasons, the City and the
Developer agree that damages alone would not be an adequate remedy if the City fails to carry
out its obligations under this Agreement. Similarly, if the Developer breaches certain of its
obligations hereunder, monetary damages may not constitute an adequate remedy for the City.
Therefore, the parties agree that specific performance of this Agreement is an appropriate
remedy if either party defaults and fails to perform its non -monetary obligations under this
Agreement. Notwithstanding the foregoing, nothing in this Agreement is intended to prevent
either party from seeking recovery of appropriate damages in the event that the terms of this
Agreement are breached. The City and the Developer acknowledge that if the Developer is in
default of its obligations under this Agreement, the City shall have the right to refuse to issue any
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9
1111111 I 1111111,E;.
permits or other approvals to which the Developer would not otherwise have been entitled but
for this Agreement.
16. INSTITUTION OF LEGAL ACTION. In addition to any other rights or remedies,
either party may institute legal action to cure, correct or remedy any default, to enforce any
covenants or agreements herein, to enjoin any threatened or attempted violation hereof, to
recover damages for any default or to obtain any other remedies consistent with the purpose of
this Agreement. Any such legal action shall be brought in the Superior Court of the State of
California for the County of Riverside. The parties hereto waive any right to trial by jury.
17. WAIVERS AND DELAYS.
17.1 Waiver. Failure by a party to insist upon the strict performance of any of the
provisions of this Agreement by the other party, and failure by a party to exercise its rights upon
a default by the other party hereto, shall not constitute a waiver of such party's right to demand
strict compliance by such other party in the future.
17.2 Third Parties. Nonperformance shall not be excused because of a failure of a
third person except as provided in Section 17.3 below.
17.3 Force Majeure. Neither party shall be deemed to be in default for failure or
delay in performance of any of its obligations under this Agreement if caused by floods,
earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes, other labor
difficulties, government regulations or other causes beyond either of the parties' control. If any
such event shall occur, the term of this Agreement and the time for performance by the
Developer of any of its obligations hereunder or pursuant to the Development Plan shall be
extended by the period of time that such events prevent or delay development of the Project.
18. NOTICES. All notices required or provided for under this Agreement shall be in writing
and delivered in person and deposited in the United States mail, postage prepaid and addressed
as follows:
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To the City: The City of Beaumont
550 East Sixth Street
Beaumont, California 92223
Attn: City Manager
With a copy to: Mr. Joseph Aklufi
Aklufi & Wysocki
3403 Tenth Street, Suite 610
Riverside, CA 92501
To the Developer: LB/L-Suncal Oak Valley LLC
c/o SunCal Companies
5109 E. La Palma, Suite D
Anaheim, CA 92807
Attn: Bruce Elieff
10
111111=111
With a copy to: Hewitt & O'Neil LLP
19900 MacArthur Blvd., Suite 1050
• Irvine, California 92612
Attn: Dennis D. O'Neil, Esq.
Any party may change its address stated herein by giving notice, in writing, to the other parties.
19. ATTORNEYS' FEES. If legal action is brought by either party against the other for
breach of this Agreement, or to compel performance under this Agreement, the prevailing party
shall be entitled to an award of reasonable attorneys' fees and costs.
20. TRANSFERS AND ASSIGNMENTS.
20.1 Right to Assign. The Developer shall have the right to sell, assign or transfer this
Agreement and any and all of its rights, duties and obligations hereunder, in whole or in part, to
any person or entity at any time during the term of this Agreement; provided, however, in no
event shall the rights, duties and obligations conferred upon the Developer pursuant to this
Agreement be at any time so transferred or assigned except through a transfer of an interest of
the Developer in the Property, a portion . The assignment shall not be effective without the
City's prior approval, which shall not be unreasonably withheld, to ensure that the assignment
will not prevent the orderly development of the Project consistent with the Agreement or
Development Plan. In the event of any such assignment, the transferee shall thereafter be solely
liable for the performance of all obligations of the Developer relating to the portion of the
Property, or interest therein, so transferred. Such transferee or the Developer shall notify the
City, in advance, and in writing of their intent to transfer such obligations.
20.2 Release Upon Transfer. Upon the sale, transfer or assignment of the
Developer's rights and interests under this Agreement as permitted pursuant to Section 20.1, the
Developer shall be released from its obligations under this Agreement and all of the Developer's
obligations pursuant to the Development Plan, or other agreements assumed by transferee with
respect to the Property, or portion thereof, so transferred, provided that (a) the Developer is not
then in default under the Agreement, (b) the Developer or transferee has provided the City notice
of such transfer and (c) the transferee executes and delivers to the City a written agreement in
which (i) the name and address of the transferee is set forth and (ii) the transferee expressly and
unconditionally assumes all of the obligations of the Developer under this Agreement with
respect to the Property, or a portion thereof, so transferred.
21. COOPERATION IN THE EVENT OF LEGAL CHALLENGE. In the event of any
legal action instituted by a third party or other governmental entity or official challenging the
validity of this Agreement or any portion thereof, the parties hereby agree to cooperate in
defending such action, subject to the provisions of Section 8. In the event of any litigation
challenging the effectiveness of this Agreement, or any portion hereof, this Agreement shall
remain in full force and effect while such litigation, including any appellate review, is pending.
22. EMINENT DOMAIN. No provision of this Agreement shall be construed to limit or
restrict the exercise by the City of its power of eminent domain.
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11
11111E111
RI
23. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on
behalf of the Developer warrant and represent that they have the authority to execute this
Agreement on behalf of the Developer and warrant and represent that they have the authority to
bind the Developer to the performance of its obligations hereunder.
24. ESTOPPEL CERTIFICATES. The City shall at any time upon not less than thirty (30)
days' prior written notice from the Developer execute, acknowledge and deliver to the Developer
a statement in writing (i) certifying that this Agreement is unmodified and in full force and effect
(or, if modified, stating the nature of such modification and certifying that this Agreement, as so
modified, is in full force and effect); (ii) certifying the amounts of the fees, assessments and
exactions that have been received from the Developer and what amounts, if any, remain
outstanding; and (iii) acknowledging that there are not, to the City's knowledge, any defaults if
any are claimed. Any such statement may be conclusively relied upon by any prospective
purchaser, lender or joint venture partner.
25. RECORDATION. This Agreement and any amendment or cancellation hereto shall be
recorded in the Official Records of the County of Riverside, by the City Clerk within the period
required by Section 65868.5 of the Government Code.
26. PROTECTION OF MORTGAGE HOLDERS. The parties hereto agree that this
Agreement shall not prevent or limit the Developer, in any manner, at the Developer's sole
discretion, from encumbering the Property or any portion thereof or any improvement thereon by
any mortgage, deed of trust or other security device securing financing with respect to the
Property. The City acknowledges that the lenders providing such financing may require certain
interpretations, estoppel certificates and modifications to this Agreement and agrees upon
request, from time to time, to meet with the Developer and representatives of such lenders to
negotiate in good faith any such request for interpretations, estoppel certificates or modifications.
The City will not unreasonably withhold its consent to any such requested interpretation,
estoppel certificate or modification provided the same is consistent with the intent and purposes
of this Agreement. The holder(s) of any mortgage, deed of trust or other security instrument
encumbering the Property (each, a "Mortgagee") shall have the following rights and privileges:
26.1.1 Neither entering into this Agreement nor a breach of this Agreement shall
defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good
faith and for value, unless otherwise required by law.
26.1.2 Any Mortgagee which has submitted a request in writing to the City in the
manner specified herein for giving notices, shall be entitled to receive written notification from
City of any default by the Developer in the performance of the Developer's obligations under
this Agreement.
26.1.3 If the City timely receives a request from a Mortgagee requesting a copy
of any notice of default given to the Developer under the terms of this Agreement, the City shall
provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of
default to the Developer. Mortgagee's not party to this Agreement. If the cure period for a
default by the Developer set forth in Section 15.1 above has expired and such default has not
been cured, the Mortgagee shall be provided with an additional thirty (30) day period after the
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12
1111111 SIR
expiration of such cure period in which to commence all steps reasonably necessary to bring the
Developer in compliance as required under this Agreement and thereafter diligently pursue such
steps to completion. During such cure period, and if the default is ultimately cured, the City
shall not terminate this Agreement.
26.1.4 Any Mortgagee who comes into possession of the Property, or any part
thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such
foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement.
Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have
an obligation or duty under this Agreement to perform any of the Developer's obligations or
other affirmative covenants of the Developer hereunder, or to guarantee such performance;
provided, however, that to the extent that any covenant to be performed by the Developer is a
condition precedent to the performance of a covenant by City, the performance thereof shall
continue to be a condition precedent to City's performance hereunder, and further provided that
any sale, transfer or assignment by any Mortgagee in possession shall be subject to the
provisions of this Agreement.
27. SEVERABILITY OF TERMS. If any teen, provision, covenant or condition of this
Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement
shall not be affected thereby to the extent such remaining provisions are not rendered impractical
to enforce.
28. SUBSEQUENT AMENDMENT TO AUTHORIZING STATUTE. This Agreement
has been entered into in reliance upon the provisions of the Development Agreement Law in
effect as of the Agreement Date. Accordingly, subject to Section 11.2 above, to the extent a
subsequent amendment to the Development Agreement Law would affect the provisions of this
Agreement, such amendment shall not be applicable to the Agreement unless necessary for this
Agreement to be enforceable or unless this Agreement is modified pursuant to the provisions set
forth in the Agreement and Government Code Section 65868 in effect on the Agreement Date.
29. INTERPRETATION AND GOVERNING LAW. This Agreement and any dispute
arising hereunder shall be governed and interpreted in accordance with the laws of the State of
Califomia. Unless otherwise provided, any ambiguity concerning the content or application of
the Development Agreement, arising as a result of any apparent conflict between (a) the
conditions, terms and requirements to be applied by City under the Development Agreement and
(b) the conditions, terms and requirements previously imposed on the Project by the County of
Riverside, shall be resolved by the City's Planning Director, subject to the appeal procedure set
forth in the Development Code for appeals of staff determinations.
30. SECTION HEADINGS. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of this Agreement.
31. INCORPORATION OF RECITALS AND EXHIBITS. Recitals A through L and
attached Exhibits "A" through "D" are hereby incorporated herein by this reference as though set
forth in full.
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31111.1:1 11.11.
0
32. RULES OF CONSTRUCTION AND MISCELLANEOUS TERMS.
32.1 Gender. The singular includes the plural; the masculine gender includes the
feminine; "shall" is mandatory, "may" is ptanlissive.
32.2 Time of Essence. Time is of the essence regarding each provision of this
Agreement in which time is an element.
32.3 Cooperation. Each party covenants to take such reasonable actions and execute
all documents that may be necessary to achieve the purposes and objectives of this Agreement.
33. TENTATIVE TRACT MAP EXTENSIONS. In accordance with the provisions of
Section 66452.6 of the California Government Code, tentative subdivision tract map(s) or
tentative parcel map(s), heretofore or hereafter approved in connection with development of the
Property, shall be granted an extension of time for the term of this Agreement.
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[Signature page follows]
14
f IIIL I'.I®111.
written above.
The parties have executed this Development Agreement on the date and year first
"City"
THE CITY OF BEAUMONT, a
municipal corporation of the State of Califomia
By:
Brian DeForge, Mayor
"Developer"
LB/L-SUNCAL OAK VALLEY LLC, a
Delaware limited liability company
By: LBREP Lakeside Oak Valley LLC, a
Delaware limited liability company,
its managing member
By:
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE MAYOR OF THE CITY COUNCIL
By:
City Clerk
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15
Melvin T. Andrews
Authorized Signatory
EXHIBIT "A"
LEGAL DESCRIPTION
THOSE PORTIONS OF SECTIONS 25, 26, 27, 31, 32, 35 AND 36 OF TOWNSHIP I2 SOUTH, RANGE 1
WEST AND A PORTION OF SECTION 5 TOWNSHIP 3 SOUTH, RANGE 1 WEST SAN BERNARDINO
MERIDIAN, LOCATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
PH1-A
PARCEL "A" OF LOT LINE ADJUSTMENT NO. 4188 AS SHOWN ON RECORD OF SURVEY FILED IN
BOOK 109 OF RECORD OF SURVEYS PAGES 7 THROUGH 13 INCLUSIVE.
PH1-B
PARCEL "B" OF LOT LINE ADJUSTMENT NO. 4188 AS SHOWN ON RECORD OF SURVEY FILED IN
BOOK 109 OF RECORD OF SURVEYS PAGES 7 THROUGH 13 INCLUSIVE.
PH1-F
PARCEL "F" OF LOT LINE ADJUSTMENT NO. 4188 AS SHOWN ON RECORD OF SURVEY FILED IN
BOOK 109 OF RECORD OF SURVEYS PAGES 7 THROUGH 13 INCLUSIVE.
PH1-G
PARCEL "G" OF LOT LINE ADJUSTMENT NO. 4188 AS SHOWN ON RECORD OF SURVEY FILED IN
BOOK 109 OF RECORD OF SURVEYS PAGES 7 THROUGH 13 INCLUSIVE.
P111 -H
0 PARCEL "H" OF LOT LINE ADJUSTMENT NO. 4188 AS SHOWN ON RECORD OF SURVEY FILED IN
BOOK 109 OF RECORD OF SURVEYS PAGES 7 THROUGH 13 INCLUSIVE.
P112 -C
PARCEL "C" OF LOT LINE ADJUSTMENT NO. 4188 AS SHOWN ON RECORD OF SURVEY FILED IN
BOOK 109 OF RECORD OF SURVEYS PAGES 7 THROUGH 13 INCLUSIVE.
P112-1)
PARCEL "D" OF LOT LINE ADJUSTMENT NO. 4188 AS SHOWN ON RECORD OF SURVEY FILED IN
BOOK 109 OF RECORD OF SURVEYS PAGES 7 THROUGH 13 INCLUSIVE AND AMENDED BY LOT
LINE ADJUSTMENT NO. 03 -LLA -11 (SHOWN AS PARCEL "A") AS INSTRUMENT NO. 2003-500693
RECORDED JULY 7, 2003.
P112 -E
PARCEL "E" OF LOT LINE ADJUSTMENT NO. 4188 AS SHOWN ON RECORD OF SURVEY FILED IN
BOOK 109 OF RECORD OF SURVEYS PAGES 7 THROUGH 13 INCLUSIVE.
P112 -R
PARCEL "R" OF LOT LINE ADJUSTMENT NO. 4188 AS SHOWN ON RECORD OF SURVEY FILED IN
BOOK 109 OF RECORD OF SURVEYS PAGES 7 THROUGH 13 INCLUSIVE.
P: 3184I.00Doc\3W69999 Takedown Legel.doc Last Modified: 8/182003 5:12 PM
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08/19/2003 09:56:57
EXHIBIT B
THIS EXHIBIT 15 TO BE ATTACHED TO THE LE4AL DESCRIPTION
PHf—H
\ PH2—D PH2-0
PH2—R
51-IEET I OF 1
SCALE' 1' - 3000'
PH1—A, PCL A PER LLA/ 4188
PH1—B, PCL 8 PER LLA/ 4188
PH1—F, PCL F PER LLA/ 4188
PH1—G, PCL G PER LLA/ 4188
PH1—H, PCL H PER LLA/ 4188
PH2—C, PCL C PER LLA/ 4788
PH2—D, PCL D PER LLA/ 4188 AS
AMENDED (PCL A) PER LLA 03—LLA-11
PH2—E, PCL E PER LLA/ 4188
PH2-0, PCL 0 PER LLA/ 4148 AS
AMENDED (PCL 8) PER LLA 41—LLA-11
PH2—R, PCL R PER LLA/ 4788
eo4 R/1R/P001 SlB219 PM Bvi R PIPRff BVfi Pr\91R41A0\D.n\PRRXDDDB d.n
O
a
PHASE 1 AND 2
The Keith Companies} 0
2200 CoWu .Ana* Sr • J00
YOnne., W4Y. CA 92553-9024 (909) 453-0234
HWII 4:I�ILG
PH2-Q
PARCEL "Q" OF LOT LINE ADJUSTMENT NO. 4188 AS SHOWN ON RECORD OF SURVEY FILED IN
0 BOOK 109 OF RECORD OF SURVEYS PAGES 7 THROUGH 13 INCLUSIVE AND AMENDED BY LOT
LINE ADJUSTMENT NO. 03 -LLA -11 (SHOWN AS PARCEL "B") AS INSTRUMENT NO. 2003-500694
RECORDED JULY 7, 2003.
P:DIS4l.ODDoN0069999 Takedown lepl.doc last Modified: B/ILI003 5:12 PM
ACAD.DWO P:31841.0DDwSIPRSX0008.dw`
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I;IIIL 1.7111111•L1i.
EXHIBIT C
LIST OF PERMITS AND APPROVALS
Specific Plan 318
Finding of Substantial Conformance
EIR 418 and Addendum
Vesting Tentative Tract Map 31462
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Exhibit C
VIII ISI Ii
00555823.5
00562979.1
EXIOBIT D
CONDITIONS OF APPROVAL
Exhibit D
u i asap II.
0
CITY OF BEAUMONT
CONDMONS OF APPROVAL
SPECIFIC PLAN 318
1. HOLD HARMLESS
The applicant or any successor -in -interest shall defend, indemnify, and hold harmless the
City of Beaumont (City), its agents, officers, or employees from any claim, action, or
proceeding against the City, its agents, officers, or employees to attack, set aside, void or
annul an approval of the City, its advisory agencies, appeal boards, or legislative body
concerning this SPECIFIC PLAN. The City will promptly notify the applicant of any
such claim, action, or proceeding against the City 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.
2. DEFINITIONS
The words identified in the following list that appear in all capitals in the attached
conditions of Specific Plan No. 318 shall be henceforth defined as follows:
SPECIFIC PLAN = Riverside County Specific Plan No. 318
CHANGE OF ZONE = City of Beaumont Change of Zone No. 02-RZ-03.
EIR = Riverside County Environmental Impact Report No. 418.
3. SPECIFIC PLAN DOCUMENT
Specific Plan No. 318 shall consist of the following:
a. Specific Plan Document, which must include, but to be limited to, the following
items:
00563867.3
1. City Council Specific Nan Resolution.
2. Conditions of Approval.
3. Specific Plan Zoning Ordinance Text.
4. Land Use Plan in both 8 V/" x 11" black -and -white and 11"x 17" color
formats
5• Specific Plan text.
6. Descriptions of each Planning Area in both graphical and narrative
formats.
11011111 1I!
Specific Plan 318 Beaumont ditions
b Environmental Impact Report No. 418 Document, which must include, but not be
limited to, the following items:
1. Mitigation Reporting/Monitoring Program (M/M).
2. Agency Notice of Preparation (NOP).
3. Draft E1R
4. Agency Notice of Completion (NOC).
5. Comments on the NOC.
6. Final MR, including the responses to comments on the NOC.
7. Technical Appendices
8. Initial Study/Addendum for Oak Valley Specific Plan 318/ Environmental
Impact Report No. 418 Amendment
If any specific plan conditions of approval differ from the specific plan text or exhibits,
the specific plan conditions of approval shall take precedence.
4. ORDINANCE REQUIREMENTS
The development of the property shall be in accordance with the mandatory requirements
of all City ordinances not in conflict with the Specific Plan and state laws.
BUILDING AND SAFETY
5. APPLICABLE GRADING REGULATIONS
Anything to the contrary, proposed by SP 318, shall not supersede the following: All
grading shall conform to the Uniform Building Code, City's General Plan, and all other
relevant laws, rules and regulations governing grading in City.
6. COMPLIANCE WITH SOILS REPORTS
All grading shall be performed in accordance with the recommendations of the approved-
geotechnical/soils reports for this Specific Plan.
7. ALL CLEARANCES REQUIRED BEFORE PERMIT
Prior to issuance of a grading permit, all certifications affecting grading shall have
written clearances. This includes, but is not limited to, additional environmental
assessments, erosion control plans, geotechnical/soils reports, and departmental
clearances.
2
00563867.3
10111 I.!uta
Specific Plan 318 Beaumont— Iditions
FIRE DEPARTMENT
HAZARDOUS FIRE AREA
The specific plan is located in the `Hazardous Fire Area" of Riverside County as shown
on a map on file with the Clerk of the Board of Supervisors. Any building constructed on
lots created by this project shall comply with the special construction provisions
contained in City Ordinances for Hazardous Fire Areas. and the California Code of
Regulations, Title 14, and Public Resources Code 4290.
9• WATER MAINS
All water mains and fire hydrants providing required fire flows shall be constructed in
accordance with the appropriate sections of Riverside County Ordinance 460 and/or No.
787, subject to the approval by the Riverside County Fire Department
10. ROOFING MATERIAL
The proposed project area lies within the VERY HIGH FIRE HAZARD SEVERITY
ZONE as shown on the California Fire Classification maps on file. All buildings shall be
constructed with a class "A" fire retardant roofing materia] as per the 1999 California
Fire Code. Wood shingles and shakes are not recommended as a roof or other exterior
covering material.
11. OPEN SPACE
Prior to approval of any development for lands adjacent to open space areas, a fire
protection/vegetation management (fuel modification) plan shall be submitted to the
Riverside County Fire Department for review and approval. The Homeowner's
Association or appropriate management entity shall be responsible for maintaining the
elements to the plan.
12. FINAL FIRE REQUIREMENTS
Final fire protection requirements and impact mitigation measures will be determined
when specific project plans are submitted.
13. DISCLOSURE
This project lies within the VERY HIGH FIRE HAZARD SEVERITY ZONE as shown
on the Fire Hazard Zone Maps of California. All roof construction shall meet a minimum
class "A" rating as described in the canrent model building code of California.
A fire fuel analysis of the open space/wildlands within and outside the project area may
be required prior to submitting a fuel modification plan.
NOTICE - The transferor of real property shall disclose to the transferee that this project
lies within a VERY HIGH FIRE HAZARD area.
OCli63867.3
3
Il'UIII. I :ISI I!.
Specific Plan 318 Beaumont ditions
PUBLIC WORKSDEPARTMENT
14. GREENBELT, BASIN MAINTENANCE
This project proposes detention basins and green belt channels which', will require
maintenance by a public agency, or a guarantee of maintenance by a public agency in the
event the responsible private party fails to meet its maintenance obligation. In particular
the detention basin adjacent to Planning Areas 9 and 10 would require such a guarantee
because the proposed downstream development would depend on it for public health and
safety. These types of flood control facilities are selected at the discretion of the
applicant to complement the nature of the proposed development, and do not have a
regional benefit commensurate with the maintenance costs which are anticipated to be
excessively high. Therefore, to ensure the public is not unduly burdened for future costs,
prior to final approval or recordation of any case protected by these drainage facilities,
the City will require an acceptable financial mechanism to be implemented to provide for
reimbursement of maintenance costs in perpetuity. This may consist of a mechanism to
assess individual benefiting property owners, or other means approved by the City. If an
acceptable maintenance mechanism cannot be developed, the project should be
redesigned to eliminate all high maintenance cost features.
PLANNING DEPARTMENT
15. MAINTAIN PLANNING AREAS
ALL PLANNING AREA NUMBERS SHALL BE MAINTAINED THROUGHOUT THE LIFE
OF THE SPECWIC PLAN, UNLESS CHANGED THROUGH THE APPROVAL OF A
SPECIFIC PLAN AMENDMENT OR SPECIFIC PLAN SUBSTANTIAL CONFORMANCE
ACCOMPANIED BY A REVISION TO THE COMPLETE SPECIFIC PLAN DOCUMENT.
16. TRAFFIC STUDY CONDITIONS
The City has reviewed the traffic study submitted by LSA Associates, Inc. for the
referenced project. The study has been prepared in accordance with accepted traffic
engineering standards and practices. The study analyzed year 2020 Buildout Impacts for
the project and surrounding intersections.
The study indicates that it is possible to achieve a Level of Service "C" for the following
intersections (some of which will require additional construction for mitigation at the
time of development):
Singleton Road (NS)/I-10 Fwy EB Ramps (EW)
Singleton Road (NS)/I-10 Fwy WB Ramps (EW)
Singleton Road (NS)/Calimesa Boulevard (EW)
Cherry Valley Boulevard (NSW -10 Fwy EB Ramps (EW)
Cherry Valley Boulevard (NS)/1-10 Fwy WB Ramps (EW)
Cherry Valley Boulevard (NS)/Calimesa Boulevard (EW)
Nancy Avenue (NS)/Cherry Valley Boulevard (EW)
Beaumont Avenue (NS)/Cherry Valley Boulevard (EW)
OC15638673
4
MN I. :IMI:11.
Specific Plan 318 Beaunon' editions
Brookside Avenue (NS)/Desert Lawn Drive (EW)
Nancy Avenue (NS)Brookside Avenue (EW)
Oak Valley P'way (NSA -10 Fwy EB Ramps (EW)
Oak Valley P'way (NS)/I-10 Fwy WB Ramps (EW).
Beaumont Avenue (NS)/I-10 Fwy EB Ramps (EW)
Beaumont Avenue (NS)/I-10 Fwy WB Ramps (EW)
Potrero Boulevard (NS)/SR-60 EB Ramps (EW)
Potrero Boulevard (NS)/Champions Drive (EW)
"J" Street (NS)/San Timoteo Canyon Road (EW)
"J" Street (NS/"G" Street (EW)
San Timoteo Canyon Road (NS)/"G" Street (EW)
The study indicates that it is possible to achieve a Level of Service 1)" for the following
intersections (some of which will require additional construction for mitigation at the
time of development).
Calimesa Boulevard (NS)/Brookside Avenue (EW)
Beaumont Avenue (NS)/Brookside Avenue (EW)
Oak Valley Estates (NS)/ Oak Valley P'way
Nancy Street (NS)/14°i Street (EW)
Beaumont Avenue (1VS) Oak Valley P'way)
Elm Avenue asisyr Street (EW)
California Avenue (NS)/611 Street (EW)
Potrero Boulevard (NS)/SR-60 WB Ramps (EW)
Mitigation to improve operations of the following intersection to the required Level of
Service standards of the applicable jurisdictions (LOS "C" within the County of
Riverside and the City of Calimesa, and LOS "D" within the City of Beaumont) for Year
2020 Buildout conditions is problematic, due either to existing conditions or to infeasible
geometries:
Singleton Road (NS)/Woodhouse Road (EW)
Cherry Valley Boulevard (NS)/Roberts Road Desert Lawn Drive (EW)
Desert Lawn Drive (NS)/Champions Drive (EW)
Singleton Road (NS)/ San Timoteo Canyon Road (EW)
Champions Drive (NS)/San Timoteo Canyon Road (EW)
Beaumont Avenue (NS)/6t° Street (EW)
The associated conditions of approval incorporate mitigation measures', identified in the
traffic study which are necessary to achieve or maintain the required level of service.
17. ROADWAY IMPROVEMENTS
Roadway links wholly within the boundaries of Oak Valley Specific Plan No. 318, as
well as the entirety of Champions Drive, shall be constructed at the time of project
development per the requirements of the specific plan. Roadway links along the
perimeter of the specific plan area (San Timoteo Canyon Road) shall be constructed to
5
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Specific Plan 318 Beaumont Conditions
their full half -width section concurrent with development of the adjacent Oak Valley,
Specific Plan No. 318 Planning Areas. Intersections located within and adjacent to the
boundaries of Oak Valley Specific Plan No. 318 (San Timoteo Canyon Road at "G"
Street and "T' Street, Champions Drive at "1" Street Desert Lawn Drive) shall be
constructed concurrent with the roadways with the, geometries illustrated in Figure
D.1.12c, unless subsequent traffic impact analyses demonstrate that lesser geometries can
be provided which meet applicable LOS standards, as approved by the City Engineer.
18. `P" STREET IMPROVEMENTS
"2'" Street shall be constructed to County of Riverside Standard No. 102, Modified
Secondary Highway (56'/88' R.O.W.) from Champions Drive to San Timoteo Canyon
Road.
19. WARRANTED. TRAFFIC SIGNALS
The project is responsible for the following traffic signals when warranted through
subsequent traffic studies done for implementing projects within the boundaries of the
specific plan:
San Timoteo Canyon Roadt'G" Street
San Timoteo Canyon Road/"T' Street
Desert Lawn Drive/Champions Drive
Potrero Boulevard/Champions Drive
Champions Drive/" P' Street
20. GEOMETRICS
The following intersections shall be improved to the geometries as described.
Potrero Boulevard (NS)/San Timoteo Canyon Road (EW) shall be improved to provide
the following geometrics:
Southbound: Two left tum lanes, one right tum lane.
Eastbound: One left turn lane, two through lanes.
Eastbound: Two through lanes, one right tum lane.
Potrero Boulevard (NS)/Champions Drive (EW) shall be improved to provide the
following geometries:
Northbound: Two left turn lanes, one right turn lane.
Southbound: NA
Eastbound: Two through lanes.
Westbound: Two left tum lanes, two through lanes.
Desert Lawn Drive (NS)/Champions Drive (EW) shall be improved to provide the
following geometries:
OC\5638673
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Specific Plan 318 Beaumont Conditions
Northbound: NA
Southbound: Two left tum lanes, one right turn lane.
Eastbound: One left turn lane, two through lanes.
Westbound: Two through lanes, one right tum lane.
".1" Street (NS)/San Timoteo Canyon Road (EW) shall be improved to provide the
following geometrics:
Northbound: NA
Southbound: One left tum lane, one right turn lane.
Eastbound: One left tum lane, two through lanes.
Westbound: Two through lanes, one right turn lane.
"P" Street (NS)/Champions Drive (EW) shall be improved to provide the following
geometrics:
Northbound: Two through lanes, one right tum lane.
Southbound: Two left tum lanes, two through lanes.
Eastbound: NA
Westbound: One left turn lane, one right turn lane
"P" Street (NS)/"G" Street (EW) shall be improved to provide the following geometrics:
Northbound: One left turn lane, two through lanes, one through/right tum lane.
Southbound: Two left tum lanes, three through lanes.
Eastbound: Two left tum lanes, one through/right turn lane.
Westbound: One left tum lane, one through lane, one through/right turn lane.
"0" Street (NS)/San Timoteo Canyon Road (EW) shall be improved to provide the
following geometrics:
Northbound: NA
Southbound: One left turn lane, one right tum lane.
Eastbound: One left turn lane, two through lanes.
Westbound: Two through lanes, one right tum lane.
21. TRANSPORTATION MITIGATION Pt
The project proponent shall be required to pay all transportation impact and signal
mitigation fees in effect in the City of Beaumont. The project proponent will receive
credit against transportation impact and signal mitigation fees for improvements installed
which are part of the transportation impact and signal mitigation fee schedule of
improvements or similarly covered by the fee(s).
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Specific Plan 318 Beaumont Conditions
22. "G" STREET IMPROVEMENTS
Concurrent with the construction of "G" Street within the boundaries of Oak Valley
Specific Plan No. 318, "G" Street shall be constructed offsite to intersect with "J" Street
as Modified Collector Street (78' R.O.W.)
PARKS AND RECREATION DEPARTMENT
23. TRAIL CONSTRUCTION
Prior to the approval of any implementing project, including but not limited to grading
permits, the applicant shall have in place a funding or construction mechanism, as
approved by the City, to insure the construction of the regional trail along San Timoteo
Canyon Road.
PLANNING DEPARTMENT
24. PLANNING AREA STANDARDS
Prior to the approval of any implementing project within the SPECIFIC'' PLAN (i.e., tract
map, parcel map, use permit, plot plan, etc.), the following condition shall be placed on
the implementing project, with the blanks filled in at the implementing project:
"This implementing project is within Planning Area[s] _ of the SPECIFIC PLAN.
Accordingly, this project is subject to these development standards:
1. All residential lots must be at least _ [square feet/acres].
2. The average residential lot size must be at least _[square feet/acres].
3. The target density of this planning area is to du/ac.
4. The target range of the number of dwelling units in this planning, area is _ to
5. Entry monumentation is required at the intersection of
6. Roadway landscaping is required at
7. Recreational trails are located at
8. This implementing map is conditioned to build a park at prior to the
th building permit.
9. [Residential] [Commercial] [Industrial] buildings must conform to the design
guidelines on pages to of the SPECIFIC PLAN."
00563667.3
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Specific Plan 318 Beaumont Conditions
25. MITIGATION MONITORING PROGRAM (GENERAL)
Prior to approval of any implementing project within the SPECIFIC PLAN (i.e., tract
map, parcel map, use permit, plot plan, etc.), the following condition shall be placed on
the implementing project:
"The EIR prepared for the SPECIFIC PLAN imposes specific mitigation measures and
monitoring requirements on the project. Certain conditions of the SPECIFIC PLAN and
this implementing project constitute reporting/monitoring requirements for certain
mitigation measures."
26. NON MPLEMENTING MAPS
Prior to approval of any implementing project within the SPECIFIC PLAN (i.e., tract
map, parcel map, use permit, plot plan, etc.), the following condition shall be placed on
the implementing project:
"A land division filed for the purposes of phasing or financing shall not be considered an
implementing development application for the purposes of the Planning Department's
conditions of approval.
Should this project be an application for phasing or financing, all of the other conditions
in this implementing project with a prefix of "SP" will be considered as
NOTAPPLICABLE, and this condition shall be considered as MET. Should this project
not be an application for phasing or financing, this condition shall be considered as NOT
APPLICABLE."
27. PLANNING AREA SUMMARY TABLE
Prior to the approval of any implementing Project within the SPECIFIC PLAN (i.e., tract
map, parcel map, use permit, plot plan, etc.), the following condition shall be placed on
the implementing project:
The following table shows the residential map requirements of the adopted SPECIFIC
PLAN:
Density Range
Planning Areas: Min, lot size
[sq. ft.] [du/acre] Target Density
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Specific Plan 318 Beaumont Conditions
1 4,000 5-8 6.0
2 5,000 2-5 4.0
3 5,000 2-5 4.0
4 3,800 8-12 10.0
7B 10,000 .2-2 1.0
8 5,500 2-5 4.0
10 3,800. 8-12 10.0
11 6,000 2-5 4.0
12 5,000 2-5 4.0
14 .4,000. 12-20 20.0
15 . 7,000 2-5 4.0
16 6,000 2-5 4.0
18 5,000 5-8 6.0
19 8,000 2-2 2.0
20 4,000 2-5 4.0
22 5,500 2-5 4.0
23B 10,000 .2-2 1.0
25 3,800 8-12 12,0
26 8,000 2-5 40
30 6,000 2-5 40
32 . 4,000 5-8 6.0
36 4,000 5-8 6.0
38 3,800 8-12 12.0
39 5,000 2=5 4.0
This condition shall be considered MET if the implementing residential land division
proposal is within the above mentioned standards. This condition may only be
considered as NOT APPLICABLE if the implementing project is concurrent with a
specific plan amendment that proposes to change the above-mentioned standards, or if
this implementing project is either commercial or industrial in nature.
28. PROJECT LOCATION E7CHIBIT
Prior to approval of any implementing project within the SPECIFIC PLAN (i.e., tract
map, parcel map, use permit, plot plan, etc.), the following condition shall', be placed on
the implementing project:
"The applicant shall provide to the Planning Department an 81i" x 11" exhibit showing
where in the SPECIFIC PLAN this project is located. The exhibit shall also show all
prior implementing projects within the SPECIFIC PLAN that have already been
approved.
This condition shall be considered MET once the applicant provides the Planning
Department with the required information. This condition may not be DEFERRED."
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Specific Pian 318 Beaumont Conditions
29. ACOUSTICAL STUDY REQUIRED
Prior to the approval of any implementing project within Planning Areas 1, 10, 32, 36,
and 38 of the SPECIFIC PLAN (i.e., tract map, use permit, plot plan, etc.), the following
condition shall be placed on the implementing project:
"PRIOR TO BUILDING PERMIT APPROVAL, an acoustical study shall be submitted
to the Planning Department for review and approval.
This condition shall be considered MET if the relevant study has been approved by the
Planning Department This condition may be considered as NOT APPLICABLE if the
Planning Department determines that the required study is not necessary.
30. OAK TREE PLAN REQU IREDPRIOR TO THE APPROVAL OF ANY
IMPLEMENTING PROJECT (LE., TRACT MAP, PARCEL MAP, USE PERMIT,
PLOT PLAN, ETC.) WITHIN PLANNING AREAS 10, 11, 15, 16, 21A, 21B, 22, AND
23B OF THE SPECIFIC PLAN, THE FOLLOWING CONDITION SHALL BE
PLACED ON THE IMPLEMENTING PROJECT:
'PRIOR TO PROJECT APPROVAL, an oak tree inventory and conservation plan shall
be developed providing detail by planning area. Each oak shall be mapped with its
location numbered, its caliper (diameter) at breast height and its drip line(Tree canopy)
diameter identified, rated as to qualitative condition and desirability for retention, and
assigned a recommended mitigation replacement ratio if removal were required. The
plan shall also include general mitigation guidelines covering how oak trees to be
retained will be protected during construction activities, how oak trees to be removed will
be monitored, and how mitigation plantings for those oak trees removed will be
accomplished. Additionally, the plan shall include the following requirements: 1) No
mass grading will be permitted within the oak woodlands on site. 2) Residential lots
within oak woodlands will be individually sited to avoid mature oak trees (>12"
diameter -breast -height (dbh) ) if at all possible. 3) No slab foundations shall be permitted
within the drip -line (widest extent of canopy cover) of oak trees. No irrigated sod shall
be planted within the drip -line of oak trees. The oak tree plan shall be submitted to the
Planning Department for review and approval.
This condition shall be considered MET if the relevant inventory and conservation plan
has been approved by the Planning Department. This condition may be considered as
NOT APPLICABLE if the Planning Department determines that the required plan is not
necessary."
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Specific plan 318 Beaumont Conditions
31. DESIGN PLAN REQUIREDPRIOR TO THE APPROVAL OF ANY IMPLEMENTING
PROJECT (I.E., TRACT MAP, PARCEL MAP, USE PERMIT, PLOT' PLAN, ETC.)
WITHIN PLANNING AREAS 1-4, 8, 10, 12, 14, 18, 20, 22, 25, 32, 36, 38, OR 39 OF
THE SPECIFIC PLAN, THE FOLLOWING CONDITION SHALL BE PLACED ON
THE IMPLEMENTING PROJECT:
"PRIOR TO PROJECT APPROVAL, the developer shall submit a development plan to
the Planning Department for review and approval, showing which amenities described in
Exhibit D (which follows this condition) are applicable to this project.
This condition shall be considered MET when the Planning Department Eapproves a plan
showing specifically how a given development project will implement the general design
concepts in Exhibit D. The development plan submittal may be DEFERRED prior to
building permit issuance when incorporated into the Final Site Plan for the proposed
project. This condition shall not be considered NOT APPLICABLE."
32. WATER ANALYSIS/AGREEMENT
Prior to the recordation of any implementing project (i.e., tract map, parcel map, etc.) or
prior to the issuance of a building permit for any use permit (i.e., conditional use permit,
plot plan, etc.), whichever come first, within any planning area of the SPECIFIC PLAN,
the Planning Department shall receive an executed agreement between the developer and
either (1) the San Gorgonio Pass Water Agency, (2) the Beaumont -Cherry Valley Water
District, or (3) another qualified water service agency. The agreement shall provide for
sufficient supplemental water supply to the development for domestic purposes.
This condition shall be considered MET if the applicant submits a satisfactory agreement
to the Planning Department. This condition shall be considered NOT APPLICABLE if
the Planning Department determines that significant new information (i.e. other
documented additions to water supply or documented enhancements to groundwater
recharge capability applicable to the project vicinity, etc.) would make such an agreement
unnecessary. This condition cannot be DEFERRED.
33. PALEO STUDY REQUIRED
Prior to the approval of any implementing project within any planning area of the
SPECIFIC PLAN (i.e., tract map, parcel map, use permit, plot plan, etc.), the following
condition shall be placed on the implementing project:
"PRIOR TO GRADING PERMIT ISSUANCE, a Paleontological Resources Impact
Mitigation Program (PRIMP) study shall be submitted to the Planning Department for
review and approval.
This condition shall be considered MET if the relevant study has been approved by the
Planning Department. This condition may be considered as NOT APPLICABLE if the
Planning Department determines that the required study is not necessary.
0Q5638673
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Specific Plan 378 Beaumtonriditions
34. GEO STUDY REQUIRED
Prior to the approval of any implementing project (i.e., tract map, parcel map, use permit,
plat plan, etc.) for which the Public Works Director requires further Geotechnical
analysis, the following condition shall be placed on the implementing project:
"PRIOR TO PROJECT APPROVAL", a Geotechnical investigation and seismic analysis
shall be submitted to the Public Works Director for review and apprdval. The study shall
treat the following issues:
1. Slope Stability /Landslide potential
2. Faulting
3. Treatment of recent alluvium
4. Shallow groundwater areas
5. Any other geological/Geotechnical issues identified by the Public Works Director
as pertinent to development within the planning area(s) covered by the implementing
development application.
This condition shall be considered MET if the relevant study has been approved by the
Planning Department. This condition may be considered as NOT APPLICABLE if the
Planning Department determines that the required study is not necessary.
The submittal of this study mandates that a CEQA determination of an Addendum
to a previously adopted EIR.be made, at a minimum."
35. AMENDMENT REQUIRED
Prior to the approval of any implementing project within the SPECIFIC PLAN (i.e., tract
map, parcel map, use permit, plot plan, etc.), the following condition shall be placed on
the implementing project:
If this implementing project meets any of the following criteria, an amendment to the
SPECIFIC PLAN shall be required and processed concurrently with this implementing
project:
I. The implementing project adds any area to, or deletes area from, the SPECIFIC
PLAN;
2. The implementing project proposes a substantially different use than currently
allowed in the SPECIFIC PLAN or as determined by the Planning Director.
005638673
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Specific Plan 318 Beaumont — ,Mims
Any amendment to the SPECIFIC PLAN, even though it may affect only one portion of
the SPECIFIC PLAN, shall be accompanied by a complete specific plan document which
includes the entire specific plan, including both changed and unchanged parts.
This condition shall be considered MET if the specific plan amendment has been filed,
and NOT APPLICABLE if a specific plan amendment is determined to be unnecessary."
36. COMMON AREA
Prior to the approval of any implementing land division project within the SPECIFIC
PLAN (i.e., tract map or parcel map), the following condition shall be placed on the
implementing application:
PRIOR TO MAP RECORDATION, the following procedures for common area
maintenance procedures shall be complied with:
a. A permanent master maintenance organization shall be established for the specific
plan area, to assume ownership and maintenance responsibility for all cgmmon
recreation, open space, circulation systems and landscaped areas. The organization may
be public or private. Merger with an area -wide or regional organization, shall satisfy this
condition provided that such organization is legally and financially capable of assuming
the responsibilities for ownership and maintenance. Ifthe organization is a private
association then neighborhood associations shall be established for each residential
development, where required, and such associations may assume ownership and
maintenance responsibility for neighborhood common areas.
b. Unless otherwise provided for in these conditions of approval, common open
areas shall be conveyed to the maintenance organizations as implementing development
is approved or any subdivision as recorded.
c. The maintenance organization shall be established prior to or concurrent with the
recordation of the first land division.
d. The common areas to be maintained by the master maintenance organization shall
included, but not be limited to, the following: Planning Areas 5, 7A, 13, 17, 21B, 23A,
24, 31B, 34, and 37."
37. CC&R'S RES PUB COMMON AREA
Prior to the approval of any implementing land division project (i.e., tract map or parcel
map), the following condition shall be applied to the land division PRIOR TO MAP
RECORDATION if the permanent master maintenance organization referenced in the
condition entitled "SP — Common Area Maintenance" is a public organization:
"The applicant shall convey to the City fee simple title, to all common open space areas,
free and clear of all liens, taxes, assessments, leases (recorded or unrecorded) and
easement, except those easements which in the sole discretion of the City, are acceptable.
As a condition precedent to the City accepting title to such areas, the applicant shall
14
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Specific Plan 318 BeaumonC,ditions
notify the Planning Department that the following documents shall be submitted to the
office of the Planning Director and submit said documents for review along with the
current fee, which shall be subject to City approval:
1. A cover letter identifying the project for which approval is sought;
Z. A signed and notarized declaration of covenants, conditions and restrictions;
3. A sample document, conveying title to the purchase, of an individual lot or unit
which provides that the declaration of covenants, conditions and restrictions is
incorporated therein by reference; and,
The declaration of covenants, conditions and restrictions submitted for review shall a)
provide for a minimum term of 60 years, b) provide for the establishment of a property
owners' association comprised of the owners of each individual lot or unit as tenants in
common, and c) contain the following provision verbatim:
"Notwithstanding any provision in this Declaration to the contrary, the following
provisions shall apply:
The property owners' association established herein shall, if dormant, be activated, by
incorporation or otherwise, at the request of the City, and the property owners'
association shall unconditionally accept from the City, upon the City's demand, title to all
or any part of the `common area' more particularly described on Exhibit " attached
hereto. Such acceptance shall be through the president of the property owner's
association, who shall be authorized to execute any documents required to facilitate
transfer of the `common area'. The decision to require activation of the property owners'
association and the decision to require that the association unconditionally accept title to
the `common area' shall be at the sole discretion of the City.
In the event that the `common area', or any part thereof; is conveyed to the property
owners' association, the association, thereafter, shall own such `common area', and shall
not sell or transfer such `common area' or any part thereog absent the prior written
consent of the Planning Director or the association shall have the right to assess the
owner of each individual lot or unit for the reasonable cost of maintaining such `common
area', and shall have the right to lien the property of any such owner who defaults in the
payment of a maintenance assessment. An assessment lien, once created, shall be prior to
all other liens recorded subsequent to the notice of assessment or other document creating
the assessment lien.
This declaration shall not be terminated, `substantially' amended, or property deannexed
therefrom absent the prior written consent of the Planning Director. A proposed
amendment shall be considered `substantial' if it affects the extent, usage or maintenance
of the `conunon area' established pursuant to this Declaration.
15
OC1563867.3
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Specific Plan 318 Beaumont ditions
1,
In the event of any conflict between this Declaration and the Articles of Incorporation,
the Bylaws, or the property owners' association Rules and Regulations, if any, this
Declaration shall control."
Once approved by the Planning Director, the declaration of covenants, conditions and
restrictions shall be recorded by the Planning Department with one copy retained for the
case file.
38. . ARCHEO MITIGATION MONITORING PROGRAM
Prior to the approval of any implementing project within the SPECIFIC PLAN (i.e., tract
map, parcel map, use permit, plot plan, etc.), the following condition shall be placed on
the implementing project:
'PRIOR TO THE ISSUANCE OF GRADING PERMITS, the project applicant shall
enter into an agreement with a qualified archaeologist. This agreement shall include, but
not be limited to, the preliminary mitigation and monitoring procedures to be
implemented during the process of grading, as found in the EIR. A copy of said
agreement shall be submitted to the Planning Department. No grading permits will be
issued unless the preliminary mitigation and monitoring procedures required prior to
grading permits as described in the EIR are substantially complied with."
39. GENERIC MITIGATION MONITORING PROGRAM
Prior to the approval of any implementing project within the SPECIFIC PLAN (i.e., tract
map, parcel map, use permit, plot plan, etc.), the following condition shall be placed on
the implementing project:
`PRIOR TO THE ISSUANCE OF GRADING PERMITS, the project applicant shall
provide to the Planning Department a detailed proposal for complying with the
preliminary mitigation and monitoring procedures described in the EMR during the
process of grading. Grading permits will not be issued unless the preliminary mitigation
and monitoring procedures as described in the EIR are substantially complied with.
40. USFWS/CDFG CLEARANCES
Prior to The approval of any implementing project within the SPECIFIC PLAN (i.e., tract
map, parcel map, use permit, plot plan, etc.) which may result in the disturbance of on-
site habitat occupied by any species determined to be endangered or threatened by the
United States Fish and Wildlife Service (USFWS) or California Department of Fish and
Game (CDFG), the following condition shall be placed on the implementing project:
"PRIOR TO THE ISSUANCE OF GRADING PERMITS, the applicant shall obtain
necessary take permit(s) from the USFWS and CDFG. A copy of said permit(s) shall be
submitted to the Planning Department."
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Specittc Plan 318 Beaumont 'diti
41. CDFG (SECT 1601/1603)
Prior to the approval of any implementing project (i.e., tract map, p: map, use permit,
plot plan, etc.) within Planning Areas 1, 5, 6, 9, 10, 14, 23B, 29, 30, 31:, 32, 33A, 33B,
34, 36, 37, 38, and 39 of the SPECIFIC PLAN, which may propose gr: ding or
construction within or along the banks of any blue -line streams, the fol owing condition
shall be placed on the implementing project:
"PRIOR TO THE ISSUANCE OF GRADING PERMITS, the applican shall obtain
written notification to the Planning Department that the appropriate Ca ifornia
Department of Fish and Game notification pursuant to Sections 1601/1 03 of the
California Fish and Game Code has taken place, or obtain an "Agreem nt Regarding
Proposed Stream or lake Alteration: (Sections 1601/1603 Permit) shoul ' any grading or
construction be proposed within or along the banks of any natural wat course or wetland
determined to be jurisdictional, located either on-site or any required o i -site
improvement areas. Copies of any agreement shall be submitted with t e notification."
42. ACOE CLEARANCE
Prior to the approval of any implementing project (i.e., tract map, parce map, use permit,
plot plan, etc.) within Planning Areas 1, 5, 6, 9, 10, 14, 23B, 29, 30, 31 , 32, 33A, 33B,
34, 36, 37, 38, and 39 of the SPECIFIC PLAN, which propose grading r construction
within or along the banks of any blue -line stream which is determined t be within the
jurisdiction of the United States Army Corps of Engineers, the followin condition shall
be placed on the implementing project:
"PRIOR TO THE ISSUANCE OF GRADING PERMITS, the applicant shall obtain
written notification to the Planning Department that the alteration of an
wetland determined to be jurisdictional, located either on-site or on any
improvement areas, complies with the U.S. Army Corps of Engineers N
Conditions, or obtain a permit under Section 404 of the Clean Water Ac
grading or construction be proposed within or along the banks of any n
or wetland. Copies of any agreement shall be submitted with the notifi
43. ENTRY MONUMENTATION
Prior to the approval of any implementing project within the SPECIFIC
map, parcel map, use permit, plot plan, etc.), the following condition sh
the implementing project:
"PRIOR TO THE ISSUANCE OF BUIDING PERMITS, the following
be added to the landscaping requirements of the implementing project:
1. A primary entry monument shall be shown at locations indicated
with features as depicted in Figure 4-2 and Figure 4-3.
2. A secondary entry monument shall be shown at locations indicat
with features as depicted in figure 4-5.
17
0CV638673
watercourse or
equired off-site
tionwide Permit
should any
watercourse
on."
AN (i.e., tract
be placed on
language shall
n Figure 4-1,
in Figure 4-1,
11!11111 ! ILIA
Specific Plan 318 Beaumont auditions
3. The entry monument shall be in substantial conformance with e design
guidelines of Planning Area ` ' of the SPECIFIC PLAN, as shown on pages
44. POST GRADING REPORT
Prior to approval of any implementing project within the SPECIFIC P
map, parcel map, use permit, plot plan, etc.), the following condition s
the implementing project:
"PRIOR TO THE ISSUANCE OF BUILDING PERMITS, the project
provide to the Planning Department a post grading report. The report s
the mitigation and monitoring program as described in the EIR and p
agreement[s] with the qualified archaeologist and paleontologist were
45. SCHOOL MITIGATION
AN (i.e., tract
all be placed on
to
pplicant shall
1 describe how
grog
omplied with."
Prior to the approval of any implementing project within the SPECIFI PLAN (i.e., tract
map, parcel map, use permit, plot plan, etc.), the following condition sh 1 be placed on
the implementing project:
"PRIOR TO BUILDING PERMITS, impacts to the Beaumont Unified . chool District
shall be mitigated in accordance with the existing mitigation agreement with the
developer dated December 19, 1989. If said agreement shall be rescind - d, then impacts
to schools shall be mitigated in accordance with the state law."
46. PHASE 1 PARKS
Prior to approval of any implementing residential project. within Phase
SPECIFIC PLAN, a phasing plan for the design and construction ofP
shall be submitted to and approved by the Planning Department. The pl
for parks, design and construction as well as landscape maintenance and
plan shall also document a permanent maintenance mechanism for the p
facilities. Conditions for applicable thresholds will be developed con
approval of the phasing plan consistent with the City of Beaumont's
standards.
This condition shall be considered MET if a document is submitted that
both the Planning Department. This condition may be considered as N
APPLICABLE if the implementing application is not within Phase One.
47. PHASE 2 PARKS
ne of the
se One parks
shall provide
upkeep. The
and their
ent with
eral Plan
s acceptable to
T
Prior to the approval of any implementing residential project within P : • e Two of the
SPECIFIC PLAN, a phasing plan for the design and construction of Ph Two parks
shall be submitted to. and approved by the Planning Department. The pl shall provide
for parks design and construction as well as landscape maintenance and pkeep. The
plan shall also document a permanent maintenance mechanism for the p ks and their
18
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Specific Plan 318 Beaumoennditions
facilities. Conditions for applicable thresholds will be developed concurrent with
approval of phasing plan consistent with the City of Beaumont's General Plan standards.
This condition shall be considered MET if a document is submitted that is acceptable to
the Planning Department. This condition may be considered as NOT APPLICABLE if
the implementing application is not within Phase Two.
48. PHASE 3 PARKS
Prior to approval of any implementing residential project within Phase Three of the
SPECIFIC PLAN, a phasing plan for the design and construction of the parks within
Phase Three shall be submitted to and approved by the Planning Department. The plan
shall provide for parks design and construction as well as landscape maintenance and
upkeep. The plan shall also document a permanent maintenance mechanism for the parks
and their facilities. Conditions for applicable thresholds will be developed concurrent
with the approval of the phasing plan consistent with the City of Beaumont's General
Plan standards.
This condition shall be considered MET if the applicable information is provided to the
Planning Department. This condition may be considered as NOT APIPLICABLE if the
implementing project is not within Phase Three.
49. BIOLOGICAL MITIGATION
Prior to approval of any implementing project within Planning Areas 1, 5, 6, 9, 10, 14,
23B, 29, 30, 31B, 32, 33k 33B, 37, 38, and 39 of SPECIFIC PLAN (ie., tract map,
parcel map, use permit, plot plan, etc.), the following condition shall be placed on the
implementing project:
`PRIOR TO THE ISSUANCE OF GRADING. PERMITS, a mitigation program shall be
implemented providing for the preservation, creation or enhancement of replacement
riparian woodland or wetland habitat. The initial focus for mitigation shall be within the
San Timoteo Canyon Creek corridor where the mitigation shall be implemented to the
greatest extent feasible. The mitigation program must be acceptable to the Army Corps
of Engineers (Corps), Californian Department of Fish and Game (CDFG), and the
Regional Water Quality Control Board (BOARD) under their Section 404, 1603, and 401
or other applicable permitting process, respectively. The Planning Department must
receive written confirmation of the acceptability of the mitigation measures from the
Corps, CDFG and/or the Board.
If the Corps, CDFG, and/or Board will not accept the mitigation or if the implementation
of the program in the San. Timoteo Canyon Creek corridor is not feasible, the mitigation
shall be implemented within the site of the SPECIFIC PLAN or at a suitable off site
location in accordance with the Eilt
00563867.3
19
11.11111, SLC
0
417
Specific Plan 318 Beaumont C oditions
TRANS DEPARTMENT
50. TRAFFIC STUDY REQUIRED
Site specific traffic studies will be required for all subsequent implem
within the boundaries of Specific Plan No. 318, as deemed necessary
Engineer. Subsequent traffic studies shall monitor development wi
and its associated trip generation. Traffic signals identified in Conditi
Traffic Signals, will be installed by the project without credit for sign
unless determined to not be warranted under existing or any future co
approved by the City Engineer.
51. OFF-SITE MITIGATION
nting projects
y the City
the specific plan
n 19, Warranted
mitigation fees
itions and as
EIR No. 418 proposes mitigation for traffic impacts to off-site roadwa : and intersections
located within various jurisdictions. The following intersections have ' een identified
within the EIR as requiring mitigation:
Singleton Road/I-10 Fwy EB Ramps'
Singleton Road/I-10 Fwy WB Ramps
Singleton Road/Calimesa Boulevard
Cherry Valley Boulevard/Roberts Road — Desert Lawn Drive
Cherry Valley Boulevard/I-10 Fwy EB Ramps
Cherry Valley Boulevard/I-10 Fwy WB Ramps
Cherry Valley Boulevard/ Calimesa Boulevard
Nancy Avenue/Cherry Valley Boulevard
Beaumont Avenue/Cherry Valley Boulevard
Brookside Avenue/Desert Lawn Drive
Brookside Avenue/Calimesa Boulevard
Beaumont Avenue/Brookside Avenue
Champions Drive/San Timoteo Canyon Road
Oak Valley P'way/I-10 Fwy EB Ramps
Oak Valley P'way/I-10 Fwy WB Ramps
Oak Valley P'way/Oak View Drive
Nancy Avenue/14fh Street
Beaumont Avenue/14th Street
Elm Avenue/8th Street
California Avenue/6th Street
Beaumont/I-10 Fwy EB Ramps
Beaumont Avenue/I-10 Fwy WB Ramps
Potrero Boulevard/SR-60 EB Ramps
Potrero Boulevard/SR-60 WB rumps
Potrero Boulevard/San Timoteo Canyon Road
Singleton Road/San Timoteo Canyon Road
The project developer shall participate on a `Fair share basis" in a regional 1 echanism
that provides funding for the necessary improvements. Prior to the issuanc: of the first
OCk563867.3
20
Specific Plan 318 Beaumont Conuaions
00\5638673
Building Permit, the project developer may be required to make a dep
Department to initiate the process of creating the appropriate funding
deposit shall be credited against the developer's "fair share" of the im.
identified. Any funds advanced by the project developer not expended
or credited against their `Fair share". A "PRIOR TO BUILDING 13
condition shall be imposed on residential tract maps or commercial sit
respectively, for the funding of the process to create the appropriate re
This condition shall be considered MET upon deposit of the funds for
appropriate funding mechanism with the Planning Department.
21
sit to the Planning
echanism. This
ovement costs
shall be refunded
ISSUANCE"
plans,
'oval mechanism.
reating the