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HomeMy Public PortalAboutOrdinance 865ORDINANCE NO. 865 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE OF BEAUMONT, CALIFORNIA, ADOPTING THE DEVELOPME AGREEMENT BETWEEN THE CITY OF BEAUMONT AND K. HOVNANIAN'S FOUR SEASONS AT BEAUMONT, LLC, IN CONNEC THE FOUR SEASONS SPECIFIC PLAN (PURSUANT TO GOVERNMENT CODE SECTIONS 65864-65869. WHEREAS, in order to strengthen the public planning process, to encourag: participation in comprehensive planning, and the reduce the economic risks of develo Legislature of the State of California has adopted Sections 65864 through 65869.5 o Government Code which authorize the City of Beaumont (hereinafter referred to as " enter into a Development Agreement; and WHEREAS, the Beaumont City Council certifies that an Addendum to the Specific Plan Environmental Impact Report has been prepared for the Four Seasons and the City Council finds that the findings made in connection with said Addendum applicable and adequately address the environmental implications associated with the actions. WHEREAS, the applicant, K. Hovnanian's Four Seasons at Beaumont, LLC and submitted and City staff has reviewed and negotiated an Amendment to a develo agreement entered into in on December 8, 1993, between the City of Beaumont and Hovnanian's Four Seasons at Beaumont, LLC, to govern the development of the Fo Specific Plan; and WHEREAS, duly noticed public hearings were conducted on this matter as r law by the Planning Commission on May 11 and May 25, 2004 and the City Council 2004, and the Planning Commission recommends that the City Council approve the Development Agreement based upon the following findings: 1. The proposed agreement is consistent with the objectives, policies, g uses and programs specified in the Beaumont General Plan; 2. The proposed agreement facilitates land uses which are compatible authorized in, and the regulations prescribed for, the land use districts in whic property is located; 3. The proposed agreement is in conformity with public convenience, ge and good land use planning practice; ITY T ON WITH private ment, the the ity") to ovchild pecific Plan, e subject proposed ment r Seasons uired by n June 1, oposed eral land the uses the real eral welfare ORDINANCE NO. 865 Page 2 4. The proposed agreement will not be detrimental to the health, safety . d general welfare; 5. The proposed agreement will not adversely affect the orderly develop ent of the property or the preservation of property values; 6. The proposed agreement will facilitate quality master planned develop ent which will aid in the economic development of the City; and The proposed agreement will not have an adverse impact on the envir nment. WHEREAS, the City Council of the City of Beaumont has reviewed the real s ns for the reconunendation of approval by the Planning Commission as described above. THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOE HEREBY ORDAIN AS FOLLOWS: SECTION 1: It has been determined that: A. The provisions of the Amendment to the Development Agreement . - een the City and Beaumont and K. Hovnanian's Four Seasons at Beaumont, LLC, are consis ent with the General Plan; and B. The Development Agreement complies with all applicable zoning, sub.' 'sion and building regulations and with the Four Seasons Specific Plan; and C. The Development Agreement states the duration of the Agreement sh period of 25 years, sets forth the uses of the property, and the density and intensity o sets forth the maximum height and size of proposed buildings and provides for the re dedication and improvement of land uses for public facility uses. SECTION 2: The Development Agreement between the City and K. Hovn Seasons at Beaumont, LLC, attached hereto as Exhibit "A" is hereby approved and the City of Beaumont is authorized and directed to execute said Development Agr 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 within fifteen (15) days after its passage the City Clerk shall cause a summary to be p newspaper of general circulation, printed and published in the City of Beaumont, in a prescribed by law for publishing of ordinances of said City. 1 be a use, and ation, an's Four t e Mayor of ent on assage and blished in a manner ORDINANCE NO. 865 Page 3 MOVED, PASSED AND ADOPTED THIS 1 S9CDAY OF 2004. ATTEST: Vote: YOR F CITY OF B . UMONT AYES: Mayor Dressel, Council members Fox, Berg, and Killough NOES: None. ABSTAIN: None. ASBSENT: Council Member DeForge. AMENDMENT NO. I TO DEVELOPMENT AGREEMENT (K. Hovnanian's Four Seasons at Beaumont) THIS AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT ("Amendment No. 1") for K. Hovnanian's Four Seasons at Beaumont is made and entered into this day of 2004, by and between the City of Beaumont, a municipal corporation ("City"), and K. Hovnanian's Four Seasons at Beaumont, LLC, a California limited liability company ("Developer"). City and Developer are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties". RECITALS A. California Government Code Sections 65864 through 65869.5 ("California Vesting Statutes") authorize the City to enter into binding agreements with persons having a legal or equitable interest in real property in the City for the development of such property, for the purpose of strengthening the public planning process, encouraging private participation in comprehensive planning, limiting the economic costs of such development, and reducing the economic risk of development. B. Developer owns or has an equitable interest in that certain land totaling approximately five hundred sixty five (565) acres (herein referred to as the "Property") in the City of Beaumont which is more fully described in the "K. Hovnanian's Four Seasons at Beaumont Specific Plan (Amendment to The Hovchild Specific Plan)", dated , 2004 (the "Revised Specific Plan"). The legal description of the Property is attached hereto as Exhibit "A", and made a part hereof by this reference. C. In 1989 the City approved a specific plan in connection with the Property referred to herein as the "Hovchild Specific Plan" (designated by the City as SP -88-03), and also approved and certified an accompanying environmental impact report. The City previously approved a development agreement (the "Original Agreement") in order to vest development rights in regard to the Property in a manner consistent with the provisions of the Hovchild Specific Plan. The Original Agreement was effective as of December 8, 1993, its date of recordation in the Official Records of Riverside County as Instrument 93-488637. The Hovchild Specific Plan has been or concurrently with approval of this Amendment No. 1 will be superseded by City's action in approving the Revised Specific Plan, and the Original Agreement is amended in order to vest development rights to be consistent with the Revised Specific Plan by adoption of this Amendment No. 1 by the City. (A minor deviation in acreage (relating to adjacent public right of way) between the acreage included in the Hovchild Specific Plan and the acreage included in the Revised Specific PIan is explained in Table 1 of the Revised Specific Plan, and does not affect the entitlement herein awarded by the City). D. Developer has caused to be prepared and the City Council of the City approved the K. Hovnanian's Four Seasons at Beaumont Revised Specific Plan, which sets forth the zoning and development requirements for the Property. City also approved the "Addendum, Environmental Impact Report (Amendment to The HovChild Specific Plan/EIR — City of Beaumont, CA)" to thereby comply with environmental impact evaluation in regard to K. Hovnanian's Four Seasons at Beaumont Revised Specific Plan and this Amendment No. 1 pursuant to State CEQA Guidelines Section I5162(a). E. City has determined that the vesting rights for developing the Property and the constraints on development density as provided by the Revised Specific Plan are in its best interests, and therefore City has determined that it is also in its best interests to amend the Original Agreement as provided herein to ensure that the benefits to the City provided therein and herein will be available notwithstanding any future litigation, moratoria and/or ballot measures that would otherwise interfere with the vesting of the development rights. (2558Ov3] -1- F. The application for approval of this Amendment No. 1 and the appropriate C QA documentation required for approval of this Amendment No. 1, were considered by the City P aiming Commission on , 2004 and forwarded for consideration by the City Council with Commission's recommendation of approval. G. On , 2004, the City Council of the City adopted Ordinan No. approving this Amendment No. 1 and approving and adopting the findings s f the Planning Commission. AGREEMENT NOW, THEREFORE, in consideration of the above Recitals and the mutual hereinafter contained, the Parties agree as follows: 1. Definitions. For the purposes of this Amendment No. 1, except as otherwise herein provided or unless the context otherwise requires, terms capitalized herein have the s ascribed thereto in the Original Agreement. 2. Effective Date of Amendment No. 1. This Amendment No. 1 shall become e the date of recordation in the Official Records of Riverside County following action of the Ci approving this Amendment No. 1 ("Effective Date"). 3. The Revised Project. Section 3.1 of the Original Agreement provides that approved, all Subsequent Development Approvals shall be deemed part of the Development subject to the vested rights set forth herein". This Amendment No. 1 implements the author' in that provision in regard to the Revised Specific Plan. (a) Revised Specific Plan. All references in the Original Agreement to Specific Plan, including, without limitation, the reference thereof at Exhibits "C" (Existing D Approvals) and "D" (Existing Land Use Regulations) of the Original Agreement, shall be d for all purposes, as permitted by Section 3.6 of the Original Agreement, and shall be interpr references to the Revised Specific Plan. (b) Project Description. The project is described in the Revised Specifi improvements and infrastructure to be constructed by Developer and/or any other merchant of the Revised Project shall be constructed on a schedule responsive to the market acceptan improvements constructed as part of the Revised Project. 4. Description of the Project Statutory Requirements. The following specific rr strictions shall govern the use and development of the Property: (a) Permitted Uses. The Property may be used for development in acco dance with the provisions of the General Plan in effect on the Effective Date, and the Revised Specific P an. (b) Maximum Density and Intensity of Use. When developed, the • um density and intensity of use of the Property shall not exceed those densities and intensities of use set orth in the Revised Specific Plan; provided, however, that dwelling units may be transferred among PI. ing Areas to the extent permitted in (and pursuant to the procedure specified by) the Revised Specific PI so long as the overall number of residential dwelling units is not exceeded. (c) Maximum Height and Size of Buildings. The maximum building hight and size in each of the Planning Areas shall be the maximum building height and sizes set forth in the Revised Specific Plan. (d) Other Provisions. As required by applicable law, development of th Property venants xpressly e meaning as ective as of Council `[ o Ince Ian and as set forth e Hovchild velopment ed amended as Plan Private uilder as part of residential t25580v3J -2- shall be subject to the provisions of Section 66473.5 of the California Govermnent Code. 5. Vesting of Entitlements. The permitted uses of the Property, the density or intensity of use, the maximum height and size of any proposed buildings and the dedication of land for public purposes are all as set forth in the Revised Specific Plan and/or this Amendment No. 1. City agrees that Developer and its assignees shall be vested in regard to the development rights for the Property as provided in the Original Agreement, as amended hereby. 6. Notices. The following is added to the notice provision at Section 2.7(b) of the Original Agrec cent: To the Developer: K. Hovnanian's Four Seasons at Beaumont, LLC c/o K. Hovnanian Companies of California 2495 Campus Drive Irvine, California 92612 Attention: Region President IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the dy and year first set forth above. "DEVELOPER" K. HOVNANIAN'S FOUR SEASONS AT BEAUMONT, LLC a limited liability company "CITY" CITY OF BEAUMONT, a municipal corporation By: By: Nicholas Pappas, Authorized Agent Its: [25580v3] -3- [25580v3} EXHIBIT "A" Legal Description of the Property -4- EXHIBIT "A" FOUR SEASONS SPECIFIC PLAN (AMENDMENT TO HOVCHLLD SPECIFIC PLAN) CONDmONS OF APPROVAL GENERAL CONDITIONS The following conditions of approval are for the FOUR SEASONS SPECIFIC PLAN and consist of Conditions 1 through 37 inclusive. The Four Seasons Specific Plan shall consist of the following, components as approved through City of Beaumont City Council Resolution No. 2004 - adopted on June 1, 2004. a. Approved Four Seasons Specific Plan Text (final document incorporating all changes made through public hearing process). b. Exhibit "A": Conditions of Approval All mitigation measures as contained in the previously certified Hovchild Specific Plan Environmental Impact Report and the Addendum prepared for the Four Seasons Specific Plan shall be conditions of approval for the project. Subsequent to the completion of the public hearing process, the Applicant shall finalize the Specific Plan to incorporate all changes and modifications, and provide the Director of Planning with 20 bound and one reproducible copies of the Specific Plan text and exhibits. The applicant shall also prepare a mitigation monitoring program, inclusive of all mitigation measures specified in the Environmental Impact Report and Addendum, for the approval of the Director of Planning. 3. If any of the following conditions of approval differ from the Specific Plan text or exhibits, the conditions enumerated herein shall take precedence. 4. Mitigation measures for impacts to the Beaumont Unified School District and any other districts which may ultimately serve the project shall be identified prior to the approval of implementing tentative subdivision maps and plot plans in accordance with the State laws. 5. The development standards contained in the approved Specific Plan shall become the prevailing land use regulations for the areas contained within the area of the project. These regulations will have full force of the Zoning Ordinance of the Beaumont Municipal Code through application of the SP -A (Specific Plan Area) Zone. Where conflicts exist between approved Specific Plan and the Beaumont Zoning Ordinance, the Specific Plan regulations shall prevail. Subject to the vesting effect of the Development Four Seasons Specific Plan Conditions of Approval Agreement, where conflicts existing between the Specific Plan and the pro Municipal Code, other than the Zoning Ordinance, the provisions of the M shall prevail. Development applications for development portions of the Specific P1. incorporate common areas shall be accompanied by design plans for the Such plans shall specify the location and extent of landscaping and irrig. Additionally, all circulation components (vehicular, pedestrian and/or equ be indicated, and the approximate locations of structures or groups of stru indicated. 7. A parcel map filed for the purposes of phasing or financing shall not be development application for the purpose of these conditions. 8. The Planning Director may require special studies or reports in co implementing development applications for each planning area, if and reasonably necessary for appropriate review of a development application under applicable law (subject to the vesting effect of the accompanying Agreement). Such reports may include, where appropriate: Studv/Report a. Preliminary Soils and Geotechnical Report b. Erosion and Sedimentation Control Plan c. Streetscape, parkway and median landscape plan d. Fencing and wall plan e. Traffic and circulation assessment to document adequacy/functio improvements g. Fuel modification plan Acoustical Study Common and/or slope areas identified in the Specific Plan and/o implementing subdivision maps shall be owned and maintained as folio sions of the icipal Code area which mmon area. ion systems. strian) shall ures shall be onsidered a ection with o the extent r as required evelopment of proposed s subsequent Four Seasons Specific Plan Conditions of Approval a. One or more permanent master maintenance organization(s) shall b for all common areas, to assume ownership and maintenance resp all common recreation, open space, circulation systems and land Such organizations may be public or private. Assumption of such re by existing local, area -wide or regional organizations shall satisfy t provided that such organizations are legally and financially capable such responsibilities. Private neighborhood associations may be e residential developments containing common areas. b. Unless otherwise provided for in these conditions of approval, or Planning Director, the relevant maintenance organization shall be e common areas shall be conveyed to the maintenance organization thirty days after completion of construction of common area impr 10. If any of the permanent master maintenance organizations referenced in Approval No. 9 is a public organization, the Developer shall comply with t conditions: a. Not later than thirty days after completion of construction of common area improvements, the Applicant shall convey to such or the City, as appropriate, fee simple title to all common or commo areas, free and clear of all liens, due but unpaid taxes, assess (recorded and unrecorded) and easements, except those easements reasonable judgment of the City would not interfere with the intend area. As a condition precedent to the City accepting title to su subdivider shall submit the following documents to the Planning City Attorney: 1) A declaration of covenants, conditions and restrictions; an 2) A sample form of document for conveying title to the pu individual lot or unit which provides that the declaration conditions and restrictions is incorporated therein by refer established nsibility for aped areas. onsibilities is condition of assuming ablished for itted by the ablished and of later than vements. ondition of e following the relevant anization or open space ents, leases which in the use of such h areas, the 'rector and chaser of an f covenants, e b. The declaration of covenants, conditions and restrictions submitt for review shall (i) provide for a term of not less than 60 years, (ii) pro vide for the establishment of a property owners' association comprised of t e collective owners of any applicable common areas and (iii) contain provisions substantially in the following form: Four Seasons Specific Plan Conditions of Approval I) The property owners' association conditionally required herein shall, if not then formed or in good standing, be activated, by incorporation or otherwise, at the request of the City of Beaumont, and thereafter the property owners' association shall unconditionally accept from the City, upon demand, title to all or any part of the 'common area,' more particularly described on Exhibit 'attached hereto, provided that such common area is in substantially the same physical condition and state of title as it was when conveyed by the Applicant to the City of Beaumont. 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 of Beaumont. 2) 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, 'shall manage and continuously maintain such 'common area' and shall not sell or transfer such 'common area,' or any part thereof absent the prior written consent of the Planning Director. The property owners' association shall have the right to assess the owners who default in the payment of a maintenance assessment and upon the recordation of a notice of default assessment, the property owners' association shall have a lien securing payment of such assessment, which lien shall be forecloseable by the property owners' association by power of sale in the same manner as a deed of trust may be foreclosed Such a default assessment lien, once notice is recorded, shall be prior to all other liens recorded subsequent to recordation of the notice. 3) This Declaration shall not be terminated, substantially amended or property de -annexed therefrom absent the prior written consent of the Planning Director. A proposed amendment shall be considered 'substantial' if it materially affects the extent, usage or maintenance of the common area.' 4) 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." c. Once approved, the declaration of covenants, conditions and restrictions shall be recorded at the same time that the final map is recorded. 11. If the permanent master maintenance organization referenced in Condition of Approval No. 9.a is a private organization, the Developer shall comply with the following condition: Four Seasons Specific Plan Conditions of Approval a. Prior to recordation of any final subdivision map or issuance of building permits in the case of use permits and plot plans, the subdivider shall submit the following documents to Planning Department for review, which documents shall be subject to the approval of that Department and the City Attorney: 1) A declaration of covenants, conditions and restrictions; and 2) A sample form of document for conveying title to the purchaser of any individual lot or unit which provides that the declaration of covenants, conditions and restrictions is incorporated therein by reference. b. The declaration of covenants, conditions and restrictions submitted for review shall (i) provide for a term of not less than 60 years, (ii) provide for the establishment of a property owners' association comprised of the owners of each individual lot or unit and (iii) provide for ownership of the common area by either the property owners' association of the owners of each individual lot or unit as tenants in common and (iv) contain provisions substantially in the following form: 1) The property owners' association established herein shall manage and continuously maintain the 'common area,' more particularly described on Exhibit ' ' attached hereto, and shall not sell or transfer the 'common area' or any part thereof absent the prior written consent of the Planning Director. 2) The property owners' association shall have the right to assess the owners of each individual lot or unit for the reasonable cost of maintaining such 'common area.' The property owners' association shall have the right to assess the owners who default in the payment of a maintenance assessment and upon the recordation of a notice of default assessment, the property owners' association shall have a lien securing payment of such assessment, which lien shall be forecloseable by the property owners' association by power of sale in the same manner as a deed off trust may be foreclosed. Such a default assessment lien, once notice is recorded, shall be prior to all other liens recorded subsequently to recordation of the notice. 3) This Declaration shall not be terminated,'substantially'amendedorproperty de -annexed therefrom absent the prior written consent of the Planning Director. A proposed amendment shall be considered 'substantial' if it materially affects the extent, usage or maintenance of the 'common area.' Four Seasons Specific Plan Conditions of Approval 4) In the event of any conflict between this Declaration and t Incorporation, the Bylaws, or the property owners' associate Regulations, if any, this Declaration shall control." c. Once approved, the declaration of covenants, conditions and restri recorded at the same time the final map is recorded. 12. Prior to the recordation of any final subdivision map, or building permits in the case of conditional use permits and plot plans, the Applicant shall Planning Department the following documents which shall demonstrate th of the City that the appropriate individual property owners' associati established and will operate in accordance with the intent of these approval: a. The form of document to convey title; and Covenants, Conditions and Restrictions to be recorded 13. Prior to issuance of a building permit for the construction of any use con this approval, the Applicant shall first obtain clearance from the Plannin that all pertinent conditions of approval of the Specific Plan have been subject phase of development. e Articles of n Rules and ions shall be eing issued ubmit to the satisfaction ns will be nditions of emplated by Department stied for the 14. Prior to the submittal of any subsequent development applications or the is permits twenty (20) copies of the final Specific Plan document shall be su Planning Department for distribution. The documents shall include t Council resolution, the final Specific Plan conditions of approval, and an modifications or additions resulting from the hearing and approval proce 15. The Specific Plan shall remain unmodified (except for modifications req Applicant and approved by the City) for 20 years. Should the entire proje out in that period of time, the City shall be entitled to adopt amendments f of the project which has not been constructed within 20 years. 16. The Applicant (or its successor -in -interest, as the case may be) shall defen and hold harmless the City of Beaumont, its agents, consultants, officers, from any third -party claim, action or proceeding against the City of B agents, consultants, officers, or employees to attach, set aside, void or ann of the City of Beaumont, its advisory agencies, appeal boards or leg concerning the Four Seasons Specific Plan. The City of Beaumont will pr the Applicant or its successor of any such claim, action, or proceeding ag uance of any miffed to the e final City corrections, s. ested by the not be built any portion , indemnify, d employees ont or this 1 an approval slative body mptly notify nst the City Four Seasons Specific Plan Conditions of Approval of Beaumont and will cooperate fully in the defense. 17. The Developer shall defend, indemnify and hold harmless the City of B employees, agents, consultants, officers and contractors from any third - action or proceeding related to the environmental documentation pur California Environmental Quality Act associated with the Four Seasons S 18. In accordance with Section 711.4 of the California Fish and Gam Applicant/subdivider is obligated to pay a filing fee to defray cost inc Department of Fish and Game in managing and protecting fish and resources. The Applicant/subdivider is also obligated to pay a documentary to defray costs incurred by the City of Beaumont in implementing the D Fish and Game filing fee program. These fees shall be paid to the County County of Riverside at the time of filing a notice of determination purs 21152 of the Public Resources Code. Applicant shall not be entitled to exer under the Planned Unit Development Plan or the Development Agreem fees have been paid. The amount of the fees shall be in accordance with le fees at the time of the filing of the notice of determination. LAND USE CONDITIONS 19. The Specific Plan may be developed up to a maximum yield of 2,400 dw Densities for each Planning Area shown in Exhibit 3 of the Specific determined through the appropriate development application, but not li following: a. Adequate availability of services; b. Adequate access and circulation; c. Sensitivity to land forms; d. Innovation in housing types, design, conservation, or opportunitie e. Sensitivity to neighborhood design through appropriate lot and str f Compliance with these conditions of approval, and the plan provided for in these Conditions of Approval. 20. The Specific Plan Land Use diagram, Exhibit 3 of the Specific Plan, and text, shall be modified as may be required in the final document, to subsequent to City Council approval of the Four Seasons Specific Plan, following requirements and conditions: a. Any development proposed for Planning Areas 2, 4, 7, 11,12,17, 1 ont and its arty claim, uant to the ecific Plan. Code, the rred by the "ldlife trust andling fee artment of Clerk if the t to Section ise its rights until such ally adopted Bing units. lan shall be ited to, the layouts; and odifications all pertinent e compiled o reflect the , 22, 23, 24, Four Seasons Specific Plan Conditions of Approval 29, 32 and/or 33 shall be subject to the filing of a plot plan application and the approval of the Planning Commission. These Planning Areas provide for small - lot and/or attached residential products. b. In order to preclude vehicular traffic conflicts, throughout the project, no residential lots shall have driveway access on any public or private street where traffic volumes are projected to be greater than 1,200 Average Daily Trips (ADT). c. All residential front yards shall be fully landscaped and irrigated by the Developer. All lots shall provide for a minimum of one 15 gallon front yard tree and one 15 gallon accent tree. d. The Specific Plan shall be amended to stipulate that the project is specifically to be developed as an active adult/age restricted community. Development in a manner inconsistent with an active adult/age restricted community shall require the approval of a Specific Plan Amendment by the City of Beaumont. 21. Lots created pursuant to this planned unit development shall be in conformance with the development standards of the SP -A zone as established by this Specific Plan and the corresponding Planning Area standards for each Planning Area. With respect to any proposed attached products, patio homes, duplexes, townhomes, condominiums, and/or development areas with detached single-family lots which are smaller than 4,000 square feet, such uses shall be subject to the prior approval of a Plot Plan Application, inclusive of detailed architectural and landscape design, and a review of available on and off street parking, by the Planning Commission. 22. All grading within the project shall be performed in accordance with the following conditions and development criteria: a. All grading shall take place in accordance with the City's adopted policies in effect at the time permits are issued and the grading criteria contained in the Specific Plan. b. Where cut and fill slopes are created in excess of 3 feet in vertical cut height or 3 feet in vertical fill height, detailed landscaping and irrigation plans shall be submitted to the City prior to approval of grading plans. The plans will be reviewed for type and density of ground cover, seed mix, plant materials, staking details, and sizes and irrigation systems. 23. Applicant shall incorporate the following defensible space concepts into the design of Four Seasons Specific Plan Conditions of Approval projects which shall be included within all development plans and reviewed and approved by the City Police Department prior to approval of implementing projects: a. Circulation for pedestrians, vehicles and police patrols. b. Lighting of streets, walkways, bikeways, and commercial and industrial areas. c. Visibility of doors and windows from the street and between buildings. d. Fencing heights and materials. 24. In the event that, during or following grading of the project site or portions thereof, economic or other conditions prevent the Developer from continuing with the project within a reasonable amount of time, as determined by the City, the City shall so notify the Developer who shall contact the City Planning Department to identify necessary activities that the Developer must implement to protect public safety and minimize/prevent environmental degradation, particularly due to wind and water erosion. The Developer shall be required to reimburse the City for the cost of activities to satisfy this condition. 25. Density transfer within the various components of the project and planning areas shall be subject to the limitations contained in the Administrative section of the Four Seasons Specific Plan and a limitation of 10 percent maximum between Planning Areas In conjunction with any request to transfer density, the Developer shall submit a report outlining the status of the entire project in terms of (a) areas developed and undeveloped, (b) density previously transferred, and (c) quantitative impact on remaining development entitlement allocations. 26. Each developer shall use its best efforts to ensure that all construction contractors and subcontractors properly dispose of all wastes generated in permitted landfills or with a licensed recycling company. If any improper dumping of construction waste occurs, the developer of the portion of the Specific Plan area from which such wastes were taken shall guarantee reimbursement to the City of costs incurred by it associated with clean up, proper disposal, any necessary revegetation and legal penalties and remedies. 27. Construction areas shall be fenced as required by the City to preclude the creation of an attractive nuisance and to limit access to and disturbance of sensitive habitat areas. PHASING CONDITIONS 28. Construction of the development permitted hereby, including recordation of final subdivision maps, may be conducted progressively in stages, provided adequate vehicular access, infrastructure and public services are provided for all dwelling units and Four Seasons Specific Plan Conditions of Approval non-residential land uses in each stage of development, and further, provided that such phase of development conforms substantially with the intent and purpose of the Four Seasons Specific Plan Master Phasing Program and subsequent amendment as determined by the Planning Director. PARKS AND RECREATION CONDITIONS 29. Development of the property shall be accompanied by the provision of the equivalent of fully improved and usable park area consistent with the General Plan standard of five (5) acres per 1,000 population. Phased dedication and payment of in -lieu fees, as detailed herein, shall be to the City or Homeowners' Association for maintenance by a Community Facilities District or other suitable maintenance entity. 30. Prior to, or concurrent with, the recordation of any final subdivision map, the respective developer shall submit a detailed parks and open space plan, which clearly illustrates compliance with these conditions of approval, usable acreage and the nature and extent of landscaping and facilities proposed, for the approval of the Planning Director, inclusive of the following elements: a. Site Plan b. Grading Plan c. Landscape, Lighting and Irrigation Plan d. Architectural Plans, where appropriate e. Detailed Cost Estimates f. Other Plans as determined appropriate by the Planning Director 31. The park sites required through Condition No. 30 to be provided on-site as part of the project shall be delivered in a finished condition, with grading, utilities and public infrastructure improvements fully in place. In addition, the Applicant shall be solely responsible for all improvements at each of the park sites stipulated in Condition No. 29 in accordance with the Specific Plan. Phasing of park facilities shall be based upon the following: a. Prior to the occupancy of a total of 500 dwelling units in the project, including units previously constructed or for which permits have to date been issued, sufficient park area in compliance with condition of approval No. 29, fully usable as determined by the Planning Director, shall be completed and accepted by the City or Homeowners' Association for maintenance. The developer shall be responsible for park maintenance until acceptance thereof. b. As development proceeds further in the project, upon the issuance of building Four Seasons Specific Plan Conditions of Approval permits for the subsequent 500 units (resulting in atotal of 1,000 building permits for the project in its entirety), sufficient park area in compliance with condition of approval No. 29, fully usable as determined by the Planning Director, shall be completed and accepted by the City. This procedure and phasing program shall be employed for each successive increment of 500 units through the completion of the project. c. The applicant shall be responsible for ensuring that park phasing occurs in a manner consistent with these conditions, and shall report on a periodic basis in writing to the City to determine compliance with these conditions. INFRASTRUCTURE CONDITIONS 32. Drainage and flood control facilities and improvements shall be provided in accordance with City requirements. A detailed engineered hydrology study shall be submitted for the approval of the Public Works Director prior to the recordation of any subdivision map. 33. An amendment to CEQA required the preparation of a program to ensure that all mitigation measures are fully and completely implemented. The Environmental Impact Report and Addendum for the project impose certain mitigation measures on the project. The mitigation monitoring program for the Four Seasons Specific Plan EIR Addendum is hereby incorporated and performance of the mitigation measures set forth therein is a condition of approval of the Specific Plan. 34. The applicant is responsible for the payment of developer fees as established in the benefit assessment district formed by the Cities of Beaumont and Banning for Highland Springs Avenue grade separation. 35. Through Community Facilities District No. 93-1, and/or through payment of development impact fees, the Developer shall be responsible for funding the project's fair share infrastructure and facility costs, including freeway ramp improvements, signalization, and improvements to roadways within and accessing the site, as specified in the traffic analysis contained in the Addendum to the Environmental Impact Report. 36. Right-of-way shall be provided for and dedicated for the ultimate improvement of all roadways within or adjoining the project area in accordance with the City of Beaumont General Plan Circulation Element. Four Seasons Specific Plan Conditions of Approval 37. The applicant shall provide a further detailed transportation study, for the approval and acceptance of the Director of Planning, illustrating the incremental phasing of transportation improvements in conjunction with the phased development of the project. The objective of this analysis shall be to evaluate the Levels of Service (LOS) and function of the circulation system as the project is developed, and to ensure the proper management of traffic until all required improvements are completed at the conclusion of the project.