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;
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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
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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.
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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.