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Home My Public Portal AboutOrdinance 902ORDINANCE NO. 902 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT,CALIFORNIA, ADOPTING A ZONE CHANGE TO CHANGE THE ZONING FOR A 17.35 ACRE PARCEL FROM M -L (LIGHT MANUFACTURING) TO SP -A (SPECIFIC PLAN AREA) (06-RZ-01) LOCATION: NORTH OF SECOND STREET, WEST OF HIGHLAND SPRINGS AVE. (APN # 419-260-025) WHEREAS, the City ofBeaumont has received an application from F.J. Hanshaw properties to change the zoning for a 17.35 acre site to facilitate development of a retail commercial project, which is described in Exhibit "A" which is attached hereto; and WHEREAS, the zoning designation for the subject site at the present time is M -L (Light Manufacturing); and WHEREAS, the proposed rezoning action would establish a zoning designation of SP -A, Specific Plan Area, and would facilitate the development of the site consistent with the standards and guidelines contained in Specific Plan No. 06-1; and WHEREAS, the proposed change is consistent and compatible with existing zoning designations adjoining and in the vicinity of the subject site, and the development of the site for commercial use through the specific plan would be consistent with future land uses planned for the vicinity; and WHEREAS, the Beaumont Planning Commission conducted a duly noticed public hearing on September 12, 2006 and recommended that the City Council adopt the proposed zone change; and WHEREAS, the Beaumont City Council conducted a duly noticed public hearing on September 19, 2006 as required by law on said zone change; and WHEREAS, the Beaumont City Council adopted Negative Declaration No. 06 -ND -12 in compliance with the California Environmental Quality Act, found the document to be adequate in its assessment of possible environmental impacts, and determined that with the proposed mitigation the project will not have a significant impact on the environment. THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The Official Zoning Map of the City of Beaumont is hereby amended to designate the subject property described in attached Exhibit "A" for the following zoning designation as indicated on Exhibit "B": SP -A (Specific Plan Area) ORDINANCE NO. 902 SECTION 2: 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. MOVED, PASSED AND ADOPTED THIS 314D DAY OF OCTOBER, 2006. ATTEST: MOVED, PASSED, and ADOPTED October 3, 2006 by the following vote: AYES: Mayor Fox, Council Members Berg, Dressel, and Killough. NOES: None ABSTAIN: None ABSENT: Mayor Pro Tem DeForge EIIBIT "A" LEGAL DESCRIPTION p LEGAL DESCRIPTION THE LAND IS SITUATED IN THE CITY OF BEAUMONT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: 5 5 5 5 5 5 5 5 5 5 LOT 1 OF AMENDED MAP OF A PORTION OF THE SUBDIVISION OF SECTION 11, TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY MAP ON FILE IN BOOK 23 PAGE 73 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE 200.00 FOOT WIDE SOUTHERN PACIFIC RAILROAD AS SHOWN ON RECORD OF SURVEY MAP ON FILE IN BOOK 50, PAGES 18 AND 19 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF PARCEL 3 OF RECORD OF SURVEY ON FILE IN BOOK 50 PAGES 18 AND 19 THEREOF, RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID CORNER BEING ON THE SOUTHERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY, 200.00 FEET WIDE AS SHOWN ON SAID RECORD OF SURVEY MAP AND THE WESTERLY LINE OF HIGHLAND SPRINGS ROAD, 30.00 FEET WIDE AS SHOWN ON SAID AMENDED MAP; THENCE SOUTH 00° 31' 08" EAST ALONG THE EASTERLY LINE OF SAID PARCEL 3, ALSO BEING THE WESTERLY LINE OF SAID HIGHLAND SPRINGS ROAD, A DISTANCE OF 53.73 FEET; THENCE SOUTH 00° 13' 08" WEST CONTINUING ALONG SAID LAST MENTIONED LINE, A DISTANCE OF 829.52 FEET TO A POINT ON THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF PARCEL 4 AS SHOWN ON SAID RECORD OF SURVEY MAP, SAID LINE ALSO BEING THE CENTERLINE OF SECOND STREET AS SHOWN ON SAID MAP, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THE PARCEL OF LAND TO BE DESCRIBED; THENCE NORTH 89° 46' 18" WEST ALONG SAID LAST MENTIONED LINE, A DISTANCE OF 967.67 FEET; THENCE NORTH 00° 13' 08" EAST PARALLEL WITH SAID EASTERLY LINE OF PARCEL 3, ALSO BEING THE WESTERLY LINE OF SAID HIGHLAND SPRINGS ROAD, A DISTANCE OF 917.43 FEET TO THE NORTHERLY LINE OF SAID PARCEL 3, ALSO BEING THE SOUTHERLY LINE OF SAID SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY; THENCE NORTH 87° 44' 49" WEST ALONG SAID LAST MENTIONED LINE AND THE NORTHERLY LINE OF PARCEL 4 AS SHOWN ON SAID RECORD OF SURVEY MAP ALSO BEING THE SOUTHERLY LINE OF SAID SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY, A DISTANCE OF 4275.12 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 4, ALSO BEING THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 00° 08' 26" EAST ALONG THE WESTERLY LINE OF SAID PARCEL 4, ALSO BEING THE WESTERLY LINE OF SAID LOT 1, A DISTANCE OF 1068.51 FEET Marketplace Beaumont Legal Description Page 1 0 0 0 0 9 p p 1 r TO THE SOUTHWEST CORNER OF SAID PARCEL 4 AND SAID LOT 1, SAID CORNER BEING ON SAID CENTER LINE OF SECOND STREET; THENCE SOUTH 89° 46' 18" EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL 4, ALSO BEING THE SOUTHERLY LINE OF SAID LOT 1 AND SAID CENTER LINE OF SECOND STREET, A DISTANCE OF 2805.61 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 4, SAID CORNER BEING ON THE WESTERLY LINE OF SAID PARCEL 3; THENCE SOUTH 00° 29' 15" WEST ALONG SAID WESTERLY LINE, ALSO BEING THE WESTERLY LINE OF SAID LOT 1, A DISTANCE OF 560.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 3, ALSO BEING THE SOUTHWEST CORNER OF SAID LOT 1, SAID CORNER BEING ON THE NORTHERLY LINE OF FIRST STREET AS SHOWN ON SAID RECORD OF SURVEY MAP; THENCE SOUTH 89° 46' 18" EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL 3 AND SAID LOT 1, ALSO BEING THE NORTHERLY LINE OF SAID FIRST STREET, A DISTANCE OF 2430.43 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 3 AND SAID LOT 1, SAID CORNER BEING ON THE WESTERLY LINE OF SAID HIGHLAND SPRINGS ROAD; HENCE NORTH 000 13' 08" EAST ALONG THE EASTERLY LINE OF SAID PARCEL 3, ALSO BEING THE WESTERLY LINE OF SAID HIGHLAND SPRINGS ROAD, A DISTANCE OF 560.00 FEET TO THE POINT OF BEGINNING. THE ABOVE RECITED LEGAL DESCRIPTION IS TAKEN FROM THE PRELIMINARY TITLE REPORT PREPARED BY FIRST AMERICAN TITLE INSURANCE COMPANY, ORDER NO. 0625-905141, DATED OCTOBER 2, 2003 AT 7:30 A.M. Marketplace Beaumont Legal Description Page 2 EXHIBIT "B" ZONE CHANGE EXHIBIT RAILROAD RIGFIT-0F-WAY • o. n 0 ;a: o. ( f. 11111111141111 a a Q o. cos. C7"D,I ams .. fl PIOT TO SCALE Source: Bundy Finkel Architects SECOND STREET. ZONE CHANGE NO. 06-RZ-01 FROM M -L TO SP -A 09/26/06 ORDINANCE NO. 903 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT AMENDING ORDINANCE NO. 702, ESTABLISHING EXEMPTIONS TO THE UTILITY USERS TAX The City Council of the City of Beaumont hereby ordains as follows: Section 1: Repeal Section 13.14.040.D of Chapter 13.14 of the Beaumont Municipal Code is hereby repealed. Section 2: Amendment Chapter 13.14 of the Beaumont Municipal Code is hereby amended to add the following provisions: any: "13.14.040.D The following shall be exempt from the tax imposed by this section, if 1. Service paid for by inserting coins in coin-operated telephones with respect to local telephone service, or with respect to toll telephone service if the charge for such toll telephone service is less than 25 cents; except that where such coin-operated telephone service is furnished for a guaranteed amount, the amounts paid under such guarantee plus any fixed monthly or other periodic charge shall be subject to the tax. 2. Payment received from any person for services used in the collection of news for the public press, or a news ticker service furnishing a general news service similar to that of the public press, or radio broadcasting, or in the dissemination of news through the public press, or a news ticker service furnishing a general news service similar to that of the public press, or by means of radio broadcasting, if the charge for such service is billed in writing to such person. 3. Payment received for services furnished to an international organization, or to the American National Red Cross. 4. Payment received for any toll telephone service which originates within a combat zone from a member of the Armed Forces of the United States performing service in such combat zone, as determined under such section, provided a certificate, setting forth such facts as applicable regulations may prescribe, is furnished to the person receiving such payment. 5. The amount paid for any toll telephone service to the extent that the amount so paid is for use by a common carrier, telephone or telegraph company, or radio broadcasting station or network in the conduct of its business as such. 6. The amount paid by a nonprofit hospital for services furnished to such organization. For purposes of this subsection, the term "nonprofit hospital" means a hospital which is exempt from federal and state income tax under section 501(a) of the Internal Revenue Code. 7. Any payment received for services or facilities furnished to the government of any State, or any political subdivision thereof, or the District of Columbia. 8. Any amount paid by a nonprofit educational organization for services or facilities furnished to such organization. For purposes of this subsection, the term "nonprofit educational organization" means an educational organization which is exempt from income tax under section 501 (a) of the Internal Revenue Code. The term also includes a school operated as an activity of an organization which is exempt from income tax under section 501 (a) if such school normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of pupils or students in attendance at the place where its educational activities are regularly carried on. 9. Private mobile radio service. For purposes of this chapter "private mobile radio service" is a radio communication service which is not a commercial mobile service. A "mobile service" means a radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, and includes (A) both one-way and two-way radio communication services, (B) a mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation, and (C) any service for which a license is required in a personal communications service established pursuant to the proceeding entitled "Amendment to the Commission's Rules to Establish New Personal Communications Services" (GEN Docket No. 90-314; ET Docket No. 92- 100), or any successor proceeding. A "commercial mobile service is a "mobile service" that is provided for profit and makes interconnected service available (A) to the public or (B) to such classes of eligible users as to be effectively available to a substantial portion of the public. Section 3: Effect This Ordinance shall take effect as provided by law. 2 MOVED AND PASSED upon first reading this 3rd day of October, 2006, by the following roll call vote: AYES: Mayor Fox, Council Members Dressel, Berg, and Killough. NOES: None ABSTAIN: None ABSENT: Mayor Pro Tem DeForge. MOVED, PASSED AND ADOPTED this 17th day of October, 2006, upon second reading by the following roll call vote: AYES: Mayor Fox, Council Members DeForge, Dressel, Berg, and Killough. NOES: None ABSTAIN: None ABSENT: None. CITY OF BEAUMONT FOX, Maydr CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 903 duly introduced at a regular meeting of the City Council of the City of Beaumont held on 10/3 , 2006, and was duly adopted upon a second reading on 10/17 , 2006, by the roll call votes indicated therein. CITY OF BEAUMONT By MARTHA CHANCE, City Clerk (SEAL) 3 City of Beaumont 550 E. 6th Street Beaumont, CA 92223 (951) 769-8520 FAX (951) 769-8526 Email: cityhall@ci.beaumont.ca.us www.ci.beaumont.ca.us LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, October 3, 2006 at approximately 6:00 p.m. in 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. 903 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT AMENDING ORDINANCE NO. 702, ESTABLISHING EXEMPTIONS TO THE UTILITY USERS TAX It is the purpose and intent of this Ordinance to amend the telephone user exemptions section of Ordinance No. 702. This Ordinance repeals current section 13.14.040.D of Chapter 13.14 of the Beaumont Municipal Code and adds exemptions for coin-operated telephones, news collection services, international organizations, combat -zone originated calls, telephone or telegraph companies, radio or network companies, nonprofit hospitals, governmental agencies, nonprofit educational organizations and private mobile radio service. Date: September 25, 2006 Shelby Hanvey Deputy City Cle Publish one time only in the Record Gazette no later than September 29, 2006