Beaumont City Council
November 7, 2023

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 4-77 May 2023 Xenia Multi-Family Residential Project 2021-301.01 Less than Significant Impact.

Induced growth is any growth that exceeds planned growth and results from new development that would not have taken place without implementation of the project. For example, development of a project may require additional housing, goods, and services associated with the population increase caused by, or attracted to, the new project. Growth induced from a project may result in significant adverse impacts if the growth is not consistent with the land use plans and growth management plans and policies for the area affected. Thus, it is important to assess the degree to which the growth accommodated by a project would conflict with any applicable land use plan, policy, or regulation.

According to the United States Census Bureau, the City’s population was 55,280 in July 2021 (U.S. Census Bureau 2022) and the average household size is 3.21 persons (City of Beaumont 2020a). The Project proposes 192 dwelling units and associated features and facilities including a clubhouse, a pool/recreation area, parking, and associated infrastructure. Thus, the Project would increase the City’s population by approximately 617 persons (a 1.1 percent increase). However, the population increase would be consistent with projections made by SCAG and the General Plan, as discussed above. The Proposed Project is consistent with land use designation in the City’s General Plan and is surrounded by existing residential development. Therefore, the Project would not induce substantial unplanned population growth. Impacts would be less than significant.

Would the Project:

Potentially Significant Impact
Less than
Significant with Mitigation Incorporated
Less than Significant Impact No Impact
b) Displace substantial numbers of people or
existing housing, necessitating the construction
of replacement housing elsewhere?

No Impact.

The Project Site consists of vacant land and would not displace persons or housing. Therefore, no impact would occur.

4.14.3 Mitigation Measures
No significant impacts were identified; no mitigation measures are required.

4.15 Public Services

4.15.1 Environmental Setting

4.15.1.1 Police Services
Police protection services in Beaumont are provided by the Beaumont Police Department (BPD). The Project Site is served by the BPD station located at 660 Orange Avenue approximately 1.3 miles west of the Project Site.

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 4-78 May 2023 Xenia Multi-Family Residential Project 2021-301.01

4.15.1.2 Fire Services
The City of Beaumont is contracted with the RCFD, in conjunction with CAL FIRE. Therefore, fire protection for the Project Site is provided by the RCFD. The nearest fire station to the Project Site is the City of Beaumont Fire Station 20 located at 1550 East Sixth Street, approximately 0.5 mile southeast of the Project Site.

4.15.1.3 Schools
The Project Site is within the Beaumont Unified School District (BUSD). BUSD operates 13 schools, including seven elementary schools, a K-8 school, two middle schools, two high schools, an independent study institute, and an adult education school (BUSD 2022). The Project Site is located approximately 0.1 mile from Sundance Elementary School, located at 1520 East 8th Street.

4.15.1.4 Parks
The City of Beaumont and Cherry Valley Recreation and Park District own and operate park facilities. The City has approximately 141 acres of parks consisting of neighborhood and community parks. The City has approximately 737 acres of private recreational uses, primarily comprised of private golf courses (City of Beaumont 2020a). The Sun Lakes Country Club is located approximately 0.7 mile southeast of the Project Site.

4.15.2 Public Services (XV) Environmental Checklist and Discussion Would the Project:

Potentially Significant Impact
Less than Significant
with Mitigation Incorporated
Less than Significant Impact No Impact
a) result in substantial adverse physical impacts associated with the provision of new or physically altered
governmental facilities, need for new or physically
altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response
times or other performance objectives for any of the
public services:

Fire Protection?
Police Protection?
Schools?
Parks?
Other Public Facilities?

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 4-79 May 2023 Xenia Multi-Family Residential Project 2021-301.01 According to the United States Census Bureau, the City’s population was 55,280 in July 2021 (U.S. Census Bureau 2022) and the average household size is 3.21 persons (City of Beaumont 2020a). The Project proposes 192 dwelling units and associated features and facilities including a clubhouse, a pool/recreation area, parking, and associated infrastructure. Thus, the Project would increase the City’s population by approximately 617 persons. As such, some additional demand for fire, police, school, and park services would occur due to the Project.

4.15.2.1 Fire and Police Services
Less than Significant Impact.

The Proposed Project would result in an increased demand for police and fire protection services resulting from the new residential community and an increase of vehicular traffic to the area. However, although the demands for public services would increase with the Proposed Project beyond existing conditions, the increase in population and housing would be consistent with assumptions in the General Plan, which provides the basis for future planning purposes. Development with modern materials and in accordance with current standards, inclusive of fire-resistant materials, fire alarms and detection systems, automatic fire sprinklers, would enhance fire safety and would support fire protection services. The BPD and RCFD would review the project plans and applications in coordination with the City to ensure services would not be significantly impacted. The RCFD and the BPD have sufficient resources to accommodate the Proposed Project and would not result in the need to construct new or physically alter existing fire or police protection facilities. Therefore, no significant impacts would occur related to fire or police services.

4.15.2.2 Schools
Less than Significant Impact.

The Project would increase the City’s population by approximately 617 persons. The estimated student generation rates are listed below in Table 4.15-1. These numbers represent a conservative estimate and are likely to be less due to the potential for students to enroll at other BUSD schools located away from home attendance area. Additionally, this assumes all students attend public schools in the area and do not attend private schools or participate in home schooling.

Table 4.15-1. Estimated Student Generation Rates
School Site Grade Level Generation Rate
Anticipated
Number of
Students
Site Capacity Current Enrollment1
Sundance Elementary TK – 5th 0.2602 50 957 712
San Gorgonio Middle School 5th – 8th 0.1302 25 1,504 1,181 Beaumont High School 9th – 12th 0.1107 22 5,120 3,182
1Current enrollment information is for the most recent available data (2021-2022 school year) (DataQuest, 2023) Source: Hendrix 2023

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 4-80 May 2023 Xenia Multi-Family Residential Project 2021-301.01 As shown in Table 4.15-1, Sundance Elementary School, San Gorgonio Middle School, and Beaumont High School would accept the new student population induced by the Proposed Project and the anticipated student population generated by the Project would not cause any of the schools to exceed their site capacity based on the most recent enrolment information. Education Code Section 17620 allows school districts to assess fees on new residential and commercial construction within their respective boundaries.

These fees can be collected and used to fund the construction of school facilities necessitated by the impact of residential and commercial development activity. Therefore, payment of the applicable school fees to BUSD would allow BUSD to provide adequate school facilities to serve the community, including new or expanded facilities as may be necessary. Accordingly, with adherence to existing regulations, impacts to school facilities during Project operation would be considered less than significant.

4.15.2.3 Parks
Less than Significant Impact.

Any related increase in demand for City parks, or demand for other facilities resulting from Project implementation would also be consistent with the increased demand assumed in the General Plan.

Therefore, impacts would be less than significant.

4.15.2.4 Other Public Facilities
Less than Significant Impact.

In accordance with City guidelines, development fees would be collected for the provision of public services. These fees would offset any Project-related demands on such public services; therefore impacts would be less than significant.

4.15.3 Mitigation Measures
No significant impacts were identified; no mitigation measures are required.

4.16 Recreation

4.16.1 Environmental Setting
Recreational amenities in the City of Beaumont include 17 city parks and other parks located within the Beaumont Cherry Valley Recreation and Park District. The City’s unique location provides its residents with beautiful mountain views and abundant recreational opportunities. The City has approximately 141 acres of parks consisting of neighborhood and community parks, and approximately 737 acres of private recreational uses, which are primarily comprised of private golf courses (City of Beaumont 2020a). The Sun Lakes Country Club is located approximately 0.7 mile southeast of the Project Site.

According to the City’s General Plan, new neighborhoods will be designed as complete communities with a mix of housing types well-connected with bicycle- and pedestrian-friendly streets to neighborhood retail and community and recreational amenities. The City will promote active open space corridors and

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 4-81 May 2023 Xenia Multi-Family Residential Project 2021-301.01 trails in protected open space areas that support natural vegetation, scenic vistas, and sensitive habitats as well as recreational opportunities.

4.16.2 Recreation (XVI) Materials Checklist
Would the Project:

Potentially
Significant Impact
Less than Significant with Mitigation Incorporated
Less than
Significant Impact No Impact
a) Increase the use of existing neighborhood and
regional parks or other recreational facilities such
that substantial physical deterioration of the
facility would occur or be accelerated?

Less than Significant Impact.

The Proposed Project is not expected to significantly impact the City’s existing parks or recreational facilities. The Project would offer residents both active and passive recreational opportunities. Recreational amenities proposed onsite include clubhouse pools/spas, an outdoor fitness center, open space, and a dog park. The preliminary plan for the outdoor exercise area includes: a yoga/stretching area and a variety of different pieces of outdoor fitness equipment (squats, inner thigh adductor, triceps press, rower, shoulder press, ab toner and stepper). These amenities would not be available to the general public because the proposed development would be a private gated community. The majority of recreational needs of the residents would be met by the proposed on-site recreational amenities. Therefore, the Proposed Project would not substantially increase the use of existing neighborhood and regional parks such that substantial physical deterioration would not occur. In addition, the Applicant would be required to pay in-lieu fees prior to occupancy, pursuant to City requirements. This development fee would help reduce potential impacts of future development on parks and recreational facilities. Thus, the Project would have a less than significant impact in this regard.

Would the Project:

Potentially Significant
Impact
Less than Significant with Mitigation
Incorporated
Less than Significant
Impact
No
Impact
b) Include recreational facilities or require the
construction or expansion of recreational
facilities, which might have an adverse physical
effect on the environment?

Less than Significant Impact.

The Proposed Project would not require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. The Project would offer both active and passive recreational opportunities within the private gated community. These amenities would not be available to the general public. However, the City’s in-lieu fees collected prior to occupancy are intended to offset any potential demand for parks and recreational facilities. Impacts would be less than significant.

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 4-82 May 2023 Xenia Multi-Family Residential Project 2021-301.01

4.16.3 Mitigation Measures
No significant impacts were identified; no mitigation measures are required.

4.17 Transportation

4.17.1 Environmental Setting
RK Engineering prepared a site-specific traffic impact analysis to evaluate the Project from a traffic and circulation standpoint and to determine whether the Proposed Project would have a significant traffic impact on the environment (RK Engineering 2022c; Appendix J). A field review of the Study Area in March 2022 was conducted to determine the existing traffic controls and intersection geometrics for roadway facilities near the site.

4.17.1.1 Study Area
The traffic analysis evaluates the Proposed Project from a traffic and circulation standpoint in accordance with the Western Riverside Council of Governments (WRCOG) Recommended Traffic Impact Analysis Guidelines for Vehicles Miles Traveled and Level of Service Assessment, City of Beaumont guidelines, City of Banning General Plan Circulation Element, and CEQA. The study area consists of the following six intersections, which span the cities of Beaumont and Banning:

1. Xenia Avenue (NS) at 8th Street (EW) (Beaumont)

2. Xenia Avenue (NS) at 6th Street (EW) (Beaumont)

3. Highland Springs Avenue (NS) at 8th Street/Wilson Street (EW) (Beaumont/Banning);

4. Highland Springs Avenue (NS) at 6th Street/Ramsey Street (EW) (Beaumont/Banning);

5. Xenia Avenue (NS) at Project Access 1 (EW) (Beaumont); and

6. Project Access 2 (NS) at 8th Street (EW) (Beaumont).

4.17.1.2 Analysis Methodologies
In accordance with the Western Riverside Council of Governments Recommended Traffic Impact Analysis Guidelines for Vehicles Miles Traveled and Level of Service Assessment, updated January 2020, the Highway Capacity Manual Sixth Edition (HCM 6) is utilized as the technical guide in the evaluation of traffic operations. The HCM defines level of service as a qualitative measure which describes operational conditions within a traffic stream, generally in terms of factors such as speed and travel time, freedom to maneuver, traffic interruptions, comfort and convenience, and safety. The criteria used to evaluate Level of Service (LOS) conditions vary based on the type of roadway and whether the traffic flow is considered interrupted or uninterrupted.

The analysis evaluates traffic conditions for the study intersections under the following scenarios:
 Existing Conditions;

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 4-83 May 2023 Xenia Multi-Family Residential Project 2021-301.01  Project Opening Year (2024) Without Project Conditions; and  Project Opening Year (2024) With Project Conditions.

4.17.2 Transportation (XVII) Environmental Checklist and Discussion Would the Project:

Potentially Significant Impact
Less than
Significant with Mitigation Incorporated
Less than Significant Impact No Impact
a) Conflict with a program, plan, ordinance, or
policy addressing the circulation system,
including transit, roadway, bicycle and pedestrian
facilities?

No Impact.

4.17.2.1 Project Trip Generation
Trip generation represents the amount of traffic that is attracted and produced by a development. Trip generation is typically estimated based on the trip generation rates from the latest Institute of Transportation Engineers Trip Generation Manual. Based on these trip generation rates, the Proposed Project is forecast to generate approximately 1,294 daily trips which include approximately 77 AM peak hour trips and approximately 98 PM peak hour trips.

4.17.2.2 Intersection Analysis
The intersection level of service analysis has been performed at six intersections within the vicinity of the site where the Project may contribute a significant amount of traffic. Project deficiencies have been evaluated within the Study Area based on peak hour level of service criteria.

All four existing study intersections are currently operating at an acceptable LOS (D or better) during the AM and PM peak hours.

All four existing study intersections are forecast to operate at an acceptable LOS (D or better) during the AM and PM peak hours for Project Opening Year (2024) Without Project Conditions.

All six study intersections are forecast to operate at an acceptable LOS (D or better) during the AM and PM peak hours for Project Opening Year (2024) With Project Conditions. As such, no improvements are required or recommended at any of the six study intersections.

4.17.2.3 Public Transportation, Bicycle, and Pedestrian Facilities The Project Site does not currently have sidewalks or bike lanes. However, the Project would construct a sidewalk along the Project’s frontage along Xenia Avenue. Additionally, the Project would provide bicycle parking spaces in compliance with the California Green Building Standards Code. Public transit provided by the City of Beaumont Transit System is available adjacent to the Project Site at the Xenia Avenue at Noble Creek bus stop and the 8th Street and Allegheny Street bus stop. These bus stops would provide

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 4-84 May 2023 Xenia Multi-Family Residential Project 2021-301.01 convenient public transportation access to residents of the proposed apartment complex. The Project would not involve construction or operational activities that would adversely affect public transit, bikeways, or pedestrian facilities, or otherwise substantially decrease the performance or safety of such facilities.

4.17.2.4 Conclusion
The Project does not propose elements or aspects that would conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. As stated above, the traffic impact analysis has been conducted pursuant to WRCOG, City of Beaumont, City of Banning, and CEQA requirements. No impact would occur.

Would the Project:

Potentially
Significant Impact
Less than Significant with Mitigation Incorporated
Less than
Significant Impact No Impact
b) Conflict or be inconsistent with CEQA Guidelines
Section 15064.3, subdivision (b)?
Less than Significant Impact.

The WRCOG guidelines have implemented project screening procedures to identify projects that may be presumed to have a less than significant impact on Vehicle Miles Traveled (VMT). The WRCOG guidelines indicate that projects located within a low VMT-generating area may be presumed to have a less than significant impact absent substantial evidence to the contrary and would be exempted from further project-level VMT assessment.

To identify if the project is in a low VMT-generating area, the WRCOG screening tool is used to compare the baseline (i.e., Opening Year 2024) project-generated VMT per service population to the lead agency’s (City of Beaumont’s) VMT per service population. Based on the results of the WRCOG VMT screening tool as shown in Appendix J of this Draft IS/MND, the Proposed Project’s baseline VMT (i.e., Opening Year 2024) is calculated to be 30.2 VMT per service population. Because the Project’s baseline VMT is less than the City of Beaumont’s threshold of significance of 31.5 VMT per service population, the Proposed Project satisfies the Low VMT Area Screening procedure. The Project may be presumed to have a less than significant impact to VMT. Therefore, impacts would be less than significant.

Would the Project:

Potentially
Significant Impact
Less than Significant with Mitigation Incorporated
Less than
Significant Impact No Impact
c) Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?

No Impact.

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 4-85 May 2023 Xenia Multi-Family Residential Project 2021-301.01 The Project includes a 26-foot driveway on 8th Street and a 38-foot driveway on Xenia Avenue. Based on the Project Site plan, it is expected that the projected two-vehicle queue at both Project access driveways can be accommodated and is not expected to spill onto the public roadway. Because the Project Access 2 driveway is not expected to serve visitors and no turnaround area is proposed, a Residents Only sign is recommended at the entrance to redirect visitors to utilize the main gate at the Project Access 1 driveway along Xenia Avenue (RK Engineering 2022c).

The Proposed Project does not include geometric design features or incompatible uses that would substantially increase hazards. The Project Site is almost perfectly rectangular and is not adjacent to winding roads. Furthermore, the 8th Street and Xenia Avenue intersection is a four-way stop, which decreases potential safety hazards resulting from implementation of the Proposed Project. No impact would occur.

Would the Project:

Potentially Significant
Impact
Less than Significant with Mitigation
Incorporated
Less than Significant
Impact
No
Impact
d) Result in inadequate emergency access?
No Impact.

Construction activities, which may temporarily restrict vehicular traffic, would be required to implement adequate and appropriate measures to facilitate the passage of persons and vehicles through or around any required road closures. Therefore, Project construction would not alter response times or performance objectives. No impact would occur.

The Project includes a 26-foot driveway on 8th Street and a 38-foot driveway on Xenia Avenue. The driveways are wide enough to allow evacuation and emergency vehicles simultaneous access. The RCFD has the authority to inspect the Project Site as often as necessary to ensure that there are no hazards violating fire safety, such as inadequate emergency access. The Project design would be submitted to and approved by the RCFD and BPD prior the issuance of building permits. No policy or procedural changes to an existing risk management plan, emergency response plan, or evacuation plan would be required due to Project implementation. Therefore, Project operation would not alter response time or performance objectives. No impact would occur.

4.17.3 Mitigation Measures
No significant impacts were identified; no mitigation measures are required.

4.18 Tribal Cultural Resources

4.18.1 Environmental Setting
Effective July 1, 2015, AB 52 amended CEQA to require that: 1) a lead agency provide notice to those California Native American tribes that requested notice of projects proposed by the lead agency; and 2) for any tribe that responded to the notice within 30 days of receipt with a request for consultation, the

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 4-86 May 2023 Xenia Multi-Family Residential Project 2021-301.01 lead agency must consult with the tribe. Topics that may be addressed during consultation include Tribal Cultural Resources (TCRs), the potential significance of project impacts, type of environmental document that should be prepared, and possible mitigation measures and project alternatives.

Pursuant to AB 52, Section 21073 of the PRC defines California Native American tribes as “a Native American tribe located in California that is on the contact list maintained by the NAHC for the purposes of Chapter 905 of the Statutes of 2004.” This includes both federally and non-federally recognized tribes.

Section 21074(a) of the PRC defines TCRs for the purpose of CEQA as:

1. Sites, features, places, cultural landscapes (geographically defined in terms of the size and scope), sacred places, and objects with cultural value to a California Native American tribe that are either of the following:
a. included or determined to be eligible for inclusion in the California Register of Historical Resources; and/or
b. included in a local register of historical resources as defined in subdivision (k) of Section 5020.1; and/or
c. a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Section 5024.1. In applying the criteria set forth in subdivision (c) of Section 5024.1 for the purposes of this paragraph, the lead agency shall consider the significance of the resource to a California Native American tribe.

Because criteria a and b also meet the definition of a historical resource under CEQA, a TCR may also require additional consideration as a historical resource. TCRs may or may not exhibit archaeological, cultural, or physical indicators.

Recognizing that California tribes are experts in their TCRs and heritage, AB 52 requires that CEQA lead agencies provide tribes that requested notification an opportunity to consult at the commencement of the CEQA process to identify TCRs. Furthermore, because a significant effect on a TCR is considered a significant impact on the environment under CEQA, consultation is used to develop appropriate avoidance, impact minimization, and mitigation measures.

4.18.2 AB 52 Consultation Summary
On November 7, 2022, the City sent Project notification letters with invitations to consult on the Project to representatives of the following tribes:
 Los Coyotes Band of Cahuilla and Cupeno Indians
 Soboba Band of Mission Indians
 Santa Rosa Band of Cahuilla Indians
 Agua Caliente Band of Cahuilla Indians

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 4-87 May 2023 Xenia Multi-Family Residential Project 2021-301.01  Ramona Band of Cahuilla
 Morongo Band of Mission Indians
 Torres-Martinez Desert Cahuilla Indians
 Cahuilla Band of Indians
 Augustine Band of Cahuilla Mission Indians
 Cabazon Band of Mission Indians
The letters provided a brief description of the Proposed Project and its location, the lead agency contact information, and a notification that the tribe has 30 days to request consultation. The 30-day response period concluded on December 7, 2022.

On November 9, 2022, the Augustine Band of Cahuilla Indians sent a letter to the City, indicating that they are unaware of specific cultural resources that may be affected by the Project, but requested notification in the event of the discovery of any cultural resources during the development of the Project. In its letter, the tribe did not request consultation under AB 52.

On November 9, 2022, the Agua Caliente Band of Cahuilla Indians sent a letter to the City, indicating that while the Project Area is not located within the boundaries of the tribe’s reservation, it is within the tribe’s traditional use area. The tribe requested a copy of the cultural resources documentation, site records, and records search results for the project. In its letter, the tribe did not request consultation under AB 52. On February 21, 2023, the City transmitted a copy of the report to the tribe. No response has been received to date.

The balance of the tribes contacted by the City on November 7, 2022 did not respond within the required time frame. No additional consultation was required (PRC 21082.3(d)(3)).

Because no tribes requested consultation under AB 52 and no information about tribal cultural resources was provided to the City, information about potential impacts to TCRs was drawn from the ethnographic context (summarized in ECORP 2022b; Appendix C), the results of the cultural resources records search and field survey conducted by ECORP, and the results of a search of the Sacred Lands File of the NAHC, which were obtained by ECORP in April 2022.

The cultural resources records search and field survey conducted failed to identify any precontact or Native American archaeological sites. However, the presence of Pleistocene and Holocene age sediments in the Project Area means that there could exist buried archaeological sites that are not visible on the surface (ECORP 2022b). The Sacred Lands File failed to identify any sacred lands or tribal resources in or near the Project Area. No information could be located to indicate the presence of a tribal cultural resource within the Project Area.

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 4-88 May 2023 Xenia Multi-Family Residential Project 2021-301.01

4.18.3 Tribal Cultural Resources (XVIII) Environmental Checklist and Discussion Would the Project:

Potentially Significant Impact
Less than
Significant with Mitigation Incorporated
Less than Significant Impact No Impact
a) Cause a substantial adverse change in the
significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is
geographically defined in terms of the size and
scope of the landscape, sacred place, or object
with cultural value to a California Native
American tribe, and that is:

i) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in
Public Resources Code Section 5020.1(k), or

ii) A resource determined by the lead agency, in
its discretion and supported by substantial
evidence, to be significant pursuant to
criteria set forth in subdivision (c) of Public
Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the
lead agency shall consider the significance of
the resource to a California Native American
Tribe.

Less Than Significant Impact with Mitigation Incorporated.

AB 52 established that a substantial adverse change to a tribal cultural resource has a significant effect on the environment. In assessing substantial adverse change, the City must determine whether or not the project would adversely affect the qualities of the resource that convey its significance and take into account information provided by consulting tribes.

No information exists on tribal cultural resources within the Project Area, and therefore, no impact to known tribal cultural resources would occur; however, the potential always exists for ground-disturbing activities to reveal previously unknown archaeological deposits that may represent tribal cultural resources. Compliance with the unanticipated discovery procedures in Mitigation Measure TCR-1 will reduce that impact to less than significant.

4.18.4 Mitigation Measures
TCR-1: Unanticipated Discovery of Tribal Cultural Resources. If potential TCRs are discovered during ground disturbing construction activities, all work shall cease within 100 feet of the find. A Native American Representative from traditionally and culturally affiliated Native

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 4-89 May 2023 Xenia Multi-Family Residential Project 2021-301.01 American Tribes shall be immediately contacted and invited to assess the significance of the find and make recommendations for further evaluation and treatment, as necessary. If deemed necessary by the City, a qualified cultural resources specialist meeting the Secretary of Interior’s Standards and Qualifications for Archaeology, may also assess the significance of the find in joint consultation with Native American Representatives to ensure that Tribal values are considered. Work at the discovery location cannot resume until the City, in consultation as appropriate and in good faith, determines that the discovery is either not a TCR, or has been subjected to treatment directed by the City.

4.19 Utilities and Service Systems

4.19.1.1 Water Service
The Project Site would be serviced by BCVWD after annexation. The BCVWD's present service area covers approximately 28 square miles, virtually all of which is in Riverside County and includes the City of Beaumont and the community of Cherry Valley. The BCVWD is a retail, urban water supplier that has more than 19,000 connections and delivers more than 12,000 AF per year (AFY) of potable water. BCVWD has a non-potable water system with an annual demand of approximately 1,500 AFY, which is supplemented by the potable water system. BCVWD has a single service area which includes the City of Beaumont, the unincorporated community of Cherry Valley in Riverside County, and a portion of San Bernardino County (BCVWD 2021). The projected BCVWD-wide water demands from 2025 to 2045 are shown in Table 4.19-1.

Table 4.19-1. Projected Future BCVWD Water Demand (AFY) Customer Type 2025 2030 2035 2040 2045
Single Family Residential 9,302 10,047 10,849 11,479 12,041 Multifamily Residential 367 397 429 454 476
Commercial 214 231 249 264 276
Industrial 186 201 217 230 241
Institutional/Governmental 1,106 1,194 1,290 1,365 1,431 Agricultural Irrigation 55 60 64 68 72
Landscape (potable) 209 226 244 258 271
Other (potable)1 318 343 370 392 411
Other (non-potable)2 276 246 228 278 328
Groundwater Recharge3 1,500 1,200 1,000 1,000 1,000
Losses (estimated) 1,499 1,614 1,738 1,835 1,922
Subtotal 15,032 15,759 16,678 17,623 18,469
Recycled Water4 2,233 2,421 2,706 2,840 2,906
Total: 17,265 18,180 19,384 20,463 21,375
Source: Water Supply Assessment, 2021. Table 2-4, page 2-9.

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 4-90 May 2023 Xenia Multi-Family Residential Project 2021-301.01 Table 4.19-1. Projected Future BCVWD Water Demand (AFY) Customer Type 2025 2030 2035 2040 2045
Notes: From BCVWD 2020 UWMP, pp. 4-12, 4-14. Projected water use by sector based off of water demand distribution by sector for 2020. Groundwater recharge quantities are planned qualities to build and maintain 5-year supply per BCVWD Resolution no. 2014-05; landscape demand will be met with recycled water and supplemented with other non-potable water as needed. 1Metered construction and street sweeping water, etc. 2Raw Water to supplement non-potable water system (used for irrigation) 3Imported raw water banked for future extractions during dry periods. Does not include imported water to meet adjudication replacement obligations. 4The recycled water demand includes the forecast amount used on landscaping irrigated by the non-potable water system. Source of recycled water is the City of Beaumont. Also includes a portion of the golf course irrigation demands on 268 and 203 AFY for Tukwet Canyon and Oak Valley Greens, respectively.

Table 4.19.2 summarizes BCVWD’s projected water supply for the years 2025, 2030, 2035, 2040, and 2045.

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 4-91 May 2023 Xenia Multi-Family Residential Project 2021-301.01 Table 4.19-2. Projected Future BCVWD Water Supply (AFY) Water Supply Additional Detail
Projected Water Supply (AFY)
2025 2030 2035 2040 2045
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Groundwater (not desalinated) Little San Gorgonio Canyon 2,070 2,200 2,070 2,200 2,070 2,200 2,070 2,200 2,070 2,200 Groundwater (not desalinated) Beaumont Basin (Reallocated unused overlier rights) 1,322 1,286 1,165 1,099 1,099 Groundwater (not desalinated) Beaumont Basin total
forbearance water
471 547 1,387 1,542 1,542
Groundwater (not desalinated) Return flows 280 514 868 922 1,155 Stormwater Use Beaumont MDP Line 16 185 185 185 185 185 Stormwater Use Misc. Stormwater 0 350 350 350 350
Purchased or Imported Water From SGPWA for Replenishment of Beaumont Basin (Potable water) 8,868 9,300 9,966 10,717 11,281
Recycled Water From City of Beaumont for Landscaping 2,017 2,381 2,892 2,955 2,915 Purchased or Imported Water To supplement Non-Potable Water Supply (Purchased for Replenishment) 276 246 0 0 0

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 4-92 May 2023 Xenia Multi-Family Residential Project 2021-301.01 Table 4.19-2. Projected Future BCVWD Water Supply (AFY) Water Supply Additional Detail
Projected Water Supply (AFY)
2025 2030 2035 2040 2045
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Groundwater (not desalinated) Non-Potable Groundwater at Mouth of Edgar Canyon 0 0 300 300 300 Groundwater (not desalinated) Non-Potable Groundwater along San Timoteo Creek 0 0 600 600 600 Purchased or Imported Water From SGPWA for Banking 1,500 1,200 1,000 1,000 1,000 Purchased or Imported
Water
Additional Imported Water
Available from SGPWA
1,572 396 2,389 2,994 3,769
Total: 18,561 2,200 18,475 2,200 23,172 2,200 24,734 2,200 26,266 2,200 Total Imported Water Required: 10,644 10,746 10,966 11,717 12,281 Total Imported Water Available to BCVWD from SGPWA 12,216 11,142 13,355 14,711 16,050 Note: SGPWA = San Gorgonio Pass Water Agency

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 4-93 May 2023 Xenia Multi-Family Residential Project 2021-301.01 The Project Site is within the BCVWD SOI boundaries but outside of the water service area boundaries. As part of the Proposed Project, the Project Site would be annexed into the BCVWD water service area and water service infrastructure would be extended onto the Project Site from 8th Street.

4.19.1.2 Wastewater
The City of Beaumont would service the Project Site for wastewater delivery and treatment. There are three existing wastewater reclamation plants in the San Gorgonio Pass Area. Only the City of Beaumont’s Wastewater Treatment Plant (WWTP) No. 1 is within BCVWD’s service area. The WWTP is a tertiary treatment facility located at 715 West 4th Street.

Wastewater generally flows by gravity to WWTP No. 1, which receives and treats domestic and commercial/industrial wastewater generated by users within the City, in addition to approximately 850 connections outside City boundaries. As of 2020, the WWTP has the capacity to treat up to six million gallons per day (Santa Ana RWQCB 2020).

4.19.1.3 Solid Waste
Currently, Waste Management, Inc. provides waste collection and disposal services for business within the City. The City is in the service area of the Lamb Canyon Landfill, located just south of the City and operated by the Riverside County Department of Waste Resources (RCDWR). The remaining capacity at this landfill is 19,242,950 cubic yards (California Department of Resources Recycling and Recovery [CalRecycle] 2022). The RCDWR estimated that the County’s disposal facilities will provide approximately 20 years of disposal capacity, based on current and future disposal estimates (City of Beaumont 2020b).

4.19.1.4 Electricity
Southern California Edison (SCE) is the main electricity provider within Beaumont. SCE provides electricity to more than 15 million people in 50,000 square miles of service area, encompassing 15 counties in central, coastal, and Southern California. SCE would extend electric service to the Project in accordance with rules and policies for extension of service on file with the California Public Utilities Commission (CPUC).

As reported by the CEC in Table 4.19-3, SCE consumed approximately 81.1 billion kWh in 2021, of which approximately 30 billion kWh were consumed by the residential sector.

Table 4.19-3. Electricity Consumption in SCE Service Area in 2021 (GWh)1,2 Agriculture
and Water
Pump
Commercial
Building
Commercial
Other Industry Mining and
Construction Residential Street-
light Total
3,254 28,154 5,165 12,717 1,554 29,735 549 81,129
1Source: CEC 2021 2All values in kilowatt-hours (GWh) and rounded to the nearest whole number.

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 4-94 May 2023 Xenia Multi-Family Residential Project 2021-301.01

4.19.1.5 Natural Gas
The Southern California Gas Company (SoCalGas) provides basic residential and business gas services with no constraints to substantial future development. SoCalGas provides natural gas services to the Project area and would extend service to the Project Site at the time contractual arrangements are made in accordance with SoCalGas policies and extension rules on file with the CPUC.

Table 4.19-4. Natural Gas Consumption in SoCalGas Service Area in 2021 (millions of therms)1,2 Agriculture
and Water
Pump
Commercial
Building
Commercial
Other Industry Mining and
Construction Residential Total
Usage
84 844 94 1,650 169 2,261 5,101
1Source: CEC 2021 2All values in millions of therms and rounded to the nearest whole number As shown in Table 4,19-4, SoCalGas consumed approximately 5.1 billion therms in 2021, of which approximately 2.3 billion therms were consumed by the residential sector.

4.19.2 Utilities and Service Systems (XIX) Environmental Checklist and Discussion Would the Project:

Potentially Significant Impact
Less than
Significant with Mitigation Incorporated
Less than Significant Impact No Impact
a) Require or result in the relocation or construction
of new or expanded water, wastewater treatment
or storm water drainage, electric power, natural
gas, or telecommunications facilities, the
construction or relocation of which could cause
significant environmental effects?

Less than Significant Impact.

4.19.2.1 Water Services
The Project Site would be serviced by BCVWD after annexation through LAFCO. As part of the Project, and as analyzed in this document, water services would be extended into and within the Project Site from Xenia Avenue as a part of the proposed improvements. Within the Project Site, all potable and recycled water delivery lines would be designed to the satisfaction of the City Engineer and BCVWD; and would be coordinated with existing water systems serving any neighboring development. All water systems constructed within the Project Site and connections to the municipal water system would comply with City-stipulated water system design, construction, and operational requirements. As discussed in threshold (b) below, BCVWD would have available supplies to meet demand for the next 20 years.

The BCVWD projected water demand in the year 2025 would be 17,265 AFY. The 2020 UWMP water demand projections are based on a portion of a uniform per capita water use per day of 162 gpcd. New state regulations as well as the increased use of water-efficient fixtures will result in lower indoor water

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 4-95 May 2023 Xenia Multi-Family Residential Project 2021-301.01 demands; therefore, the BCVWD estimate of water demand is conservative (BCVWD 2021). Based on the water demand projection of 162 gpcd, the Project would consume approximately 112 AFY. This represents a 0.6 percent increase in BCVWD’s annual demand for 2025. The Proposed Project would not require or result in the relocation or construction of new/expanded water treatment facilities. Therefore, impacts would be less than significant.

4.19.2.2 Wastewater Services
Wastewater from the Project would be treated at WWTP No. 1, which receives and treats domestic and commercial/industrial wastewater generated from users within the City. As of 2020, the WWTP has the capacity to treat up to six million gallons per day (Santa Ana RWQCB 2020). The Project would create demand for an estimated 20.4 million gallons of water per year according to CalEEMod estimations (Appendix A). Assuming 100 percent of this water use would be treated as wastewater, the Project would generate approximately 0.056 million gallons per day (55,890 gallons per day). This increase would demand less than one percent of the available capacity at the Beaumont Water Treatment Plant (BWTP).

The Project would not require the construction of new treatment facilities as the BWTP would have adequate capacity to treat the wastewater produced by the Proposed Project. The Proposed Project would not require or result in the relocation or construction of new/expanded wastewater treatment facilities.

Therefore, impacts would be less than significant.

4.19.2.3 Storm Water Drainage
As discussed in Section 4.10, Hydrology and Water Quality, the Project would increase impervious surfaces onsite. The Project would be required to implement BMPs toward the goal of maintaining or replicating the site’s pre-development hydrologic regime. The Project would also comply with NPDES Construction General Permit Requirements, which require a sediment and erosion control plan. The Proposed Project would neither require nor result in the relocation or construction of new/expanded offsite storm water drainage facilities. The Project would utilize a bioretention basin along the southern border of the Project Site to detain storm water runoff. Because the Project would be required to implement BMPs and to maintain storm water flow on the site, impacts to storm water drainage would be less than significant.

4.19.2.4 Electric Power, Natural Gas, and Telecommunications Facilities As shown in Table 4.6-3, the annual electricity consumption due to operations would result in an imperceivable increase (0.000097 percent) in the typical annual electricity consumption attributable to all residential uses in Riverside County. The annual natural gas consumption due to operations would result in an imperceivable increase (0.0096 percent) in the typical annual natural gas consumption attributable to all residential uses in Riverside County. The Project is located near existing utilities infrastructure, due to residential and commercial developments adjacent to the site. Because the Project Site is near existing infrastructure and would comply with Beaumont Ordinance Code requirements for underground utilities, impacts related to these facilities would be less than significant.

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 4-96 May 2023 Xenia Multi-Family Residential Project 2021-301.01 Would the Project:

Potentially
Significant Impact
Less than Significant with Mitigation Incorporated
Less than
Significant Impact No Impact
b) Have sufficient water supplies available to serve
the Project and reasonably foreseeable future
development during normal, dry, and multiple
dry years?

Less than Significant Impact.

Water service for the Project area would be provided by the BCVWD. With the ability to bank water and the large underground reservoir, BCVWD and its neighboring agencies can withstand extended periods of drought without severe restrictions. As of the end of 2020, BCVWD had 39,750 AF of water banked in storage for use during dry years (BCVWD 2021).

BCVWD’s 2020 UWMP determined that the BCVWD can anticipate a surplus in supply over the next 25 years. Future water supply projects may include groundwater recharge and storm water capture sites, additional State Water Project purchases, recycled water distribution, new non-potable wells and increased groundwater banking. The 2020 UWMP concluded that future water demands within their service area will be met during any dry period of up to six consecutive dry years assuming future supply projects are implemented by the BCVWD (2021).

The BCVWD projected water demand in the year 2025 would be 17,265 AFY. The 2020 UWMP water demand projections are based on a portion of a uniform per capita water use per day of 162 gpcd. New state regulations as well as the increased use of water-efficient fixtures will result in lower indoor water demands; therefore, the BCVWD estimate of water demand is conservative (BCVWD 2021). Based on the water demand projection of 162 gpcd, the Project would consume approximately 112 AFY. This represents a 0.6 percent increase in BCVWD’s annual demand for 2025.

Additionally, the Proposed Project would incorporate various features to reduce water demand onsite.

Water-wise, California-friendly shrubs, grasses, and groundcovers would complement the architectural theme and reduce overall water use in the landscape. An automatic irrigation system with low volume equipment would minimize water loss due to run-off. Groundcovers or bark mulch would also help conserve water, lower the soil temperature, and reduce evapotranspiration. The Project would also comply with the Water Shortage Contingency Plan outlined in the UWMP. For example, limits may be applied to the number of days, frequency and duration of outdoor watering. The Project would also include low-flow toilets, faucets, and shower devices in compliance California Title 20 Water Efficiency Standards.

Water would be required during construction of the Project for dust suppression. Water usage for construction purposes would be temporary and would be considerably smaller than that required once facilities are operational. It is possible that reclaimed water could be used for dust suppression, reducing the quantity of potable water required. Therefore, the Project would not result in a demand for water that could not be met. Impacts would be less than significant.

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 4-97 May 2023 Xenia Multi-Family Residential Project 2021-301.01 Would the Project:

Potentially
Significant Impact
Less than Significant with Mitigation Incorporated
Less than
Significant Impact No Impact
c) Result in a determination by the wastewater
treatment provider, which serves or may serve
the Project that it has adequate capacity to serve
the Project’s projected demand in addition to the
provider’s existing commitments?

Less than Significant Impact.

As discussed above, wastewater from the Project would be treated at WWTP No. 1, which receives and treats domestic and commercial/industrial wastewater generated from users within the City. As of 2020, the WWTP has the capacity to treat up to six million gallons per day (Santa Ana RWQCB 2020). The Project would create demand for an estimated 99,954 gallons per day according to water demand projects outlined in the 2020 UWMP. Assuming 100 percent of this water use would be treated as wastewater, this increase would demand approximately 1.7 percent of the daily available capacity at the BWTP. The Project would not require the construction of new treatment facilities as the BWTP would have adequate capacity to treat the wastewater produced by the Proposed Project.

Project facilities would be designed and installed in conformance with the City stipulated wastewater system design, construction, and operational requirements. This would ensure wastewater collection facilities are properly designed, implemented, operated, and maintained; thereby furthering efficiency and adequacy of facilities while reducing facilities lifecycle costs. In addition, the Project Applicant would pay fees pursuant to the incumbent City of Beaumont Fee Schedule. These fees would cover the City's cost to fund plan review, coordination, and inspection of proposed wastewater collection system improvements.

Impacts would be less than significant.

Would the Project:

Potentially Significant
Impact
Less than Significant with Mitigation
Incorporated
Less than Significant
Impact
No
Impact
d) Generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment
of solid waste reduction goals?

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 4-98 May 2023 Xenia Multi-Family Residential Project 2021-301.01 Less than Significant Impact.

Construction of the Proposed Project would result in generation of waste construction materials, excess fill, and other similar materials. The construction contractor would be required to dispose of these materials in accordance with engineering practices and County regulations for disposal in sanitary landfills. In the operational phase, the apartment complex would generate household waste and be serviced by Waste Management for residential trash hauling.

Construction, demolition, and municipal waste from the Project Site would likely be disposed of at the Lamb Canyon Landfill in Beaumont, California. This landfill is permitted for 5,000 tons per day and has enough capacity to serve until 2032. The remaining capacity at this landfill is 19,242,950 cubic yards (CalRecycle 2022). Waste may also be disposed of at various landfills across San Bernardino, Los Angeles, Orange, and Riverside counties. Therefore, the Project is not anticipated to generate solid waste in excess of the capacity of local infrastructure.

Additionally, the Proposed Project would not interfere with implementation of existing solid waste disposal regulations. According to the CalRecycle Estimated Solid Waste Generation Rates, a multifamily residential unit may produce up to 8.6 pounds of solid waste per day. Using this estimate, the Project would generate approximately 2.65 tons of waste per day or 967.3 tons of waste per year (CalRecycle 2022). This estimate represents 0.053 percent of the landfill’s daily permitted capacity.

Wastes generated under build-out conditions would be directed to landfills with available capacity, as determined by the County. The General Plan EIR concludes that, upon implementation of the General Plan, compliance with the City’s adopted Source Reduction and Recycling Element (SRRE) target waste reduction and recycling goals, and proper management and disposal of waste streams would not result in a significant exceedance of permitted landfill capacities. Impacts would be less than significant.

Would the Project:

Potentially Significant
Impact
Less than Significant with Mitigation
Incorporated
Less than Significant
Impact
No
Impact
e) Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?

No Impact.

The Riverside CIWMP was prepared in accordance with the California Integrated Waste Management Act of 1989 (AB 939). The SRRE is included in the CIWMP and analyzes the local waste stream to determine where to focus diversion efforts, including programs and funding. The City of Beaumont requires all development to adhere to all source reduction program set forth in the SRRE for all the disposal of solid waste including yard waste. The Project would adhere to the SRRE and comply with all other applicable local, state, and federal solid waste disposal standards. No impact would occur.

4.19.3 Mitigation Measures
No significant impacts were identified; no mitigation measures are required.

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 4-99 May 2023 Xenia Multi-Family Residential Project 2021-301.01

4.20 Wildfire

4.20.1 Environmental Setting
Government Code 51175-89 directs CAL FIRE to identify areas of very high fire hazard severity within Local Responsibility Areas. Mapping of these areas, referred to as VHFHSZs, is based on data and models of potential fuels over a 30- to 50-year time horizon and their associated expected fire behavior, and expected burn probabilities to quantify the likelihood and nature of vegetation fire exposure to buildings.

According to the State of California Fire Hazard Severity Zones map, the Project Site is not located in a VHFHSZ (CAL FIRE 2022b).

4.20.2 Wildfire (XX) Environmental Checklist and Discussion If located in or near state responsibility areas or
lands classified as very high fire hazard severity
zones, would the Project:

Potentially Significant Impact
Less than
Significant with Mitigation Incorporated
Less than Significant Impact No Impact
a) Substantially impair an adopted emergency
response plan or emergency evacuation plan?
Less than Significant Impact.

Highland Springs Road is considered a major evacuation route. This road is located approximately 1,000 feet east of the Project Site and would be utilized by future residents in the event of an emergency. The Proposed Project does not require any significant alterations to this evacuation route. The City’s General Plan Circulation Element provides for appropriate evacuation routes and circulation throughout the General Plan Area to facilitate rapid response to emergency situations. Moreover, the General Plan provides for public education related to emergency conditions and emergency preparedness, response, and evacuation plans.

Upon Project completion, vehicular access to the Project Site will be provided via two full-access entrances located on Xenia Avenue and 8th Street. During the City’s required review of the Proposed Project’s applications, the site plan would be reviewed to ensure that adequate access to and from the site and around the proposed buildings is provided for emergency vehicles. With adherence to City requirements for emergency vehicle access, impacts would be less than significant. Furthermore, the Proposed Project is not in or near a state responsibility area or VHFHSZ (CAL FIRE 2022b). Therefore, impacts to emergency response and evacuation plans would be less than significant.

If located in or near state responsibility areas or
lands classified as very high fire hazard severity
zones, would the Project:

Potentially Significant
Impact
Less than Significant with Mitigation
Incorporated
Less than Significant
Impact
No
Impact
b) Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose
Project occupants to, pollutant concentrations
from, a wildfire or the uncontrolled spread of a
wildfire?

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 4-100 May 2023 Xenia Multi-Family Residential Project 2021-301.01 No Impact.

The Proposed Project would not substantially alter slope, wind patterns, or other factors that could exacerbate wildfire risks. The Project Site is located in a generally flat and urbanized area bordered by residential uses to the north and east, a commercial area to the south, and Xenia Avenue to the west.

According to the CAL FIRE Fire Hazard Severity Zones map, the Project Site is not located in or near land classified as VHFHSZ; therefore, the Proposed Project is unlikely to expose occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire. No impact is anticipated.

If located in or near state responsibility areas or
lands classified as very high fire hazard severity
zones, would the Project:

Potentially Significant Impact
Less than
Significant with Mitigation Incorporated
Less than Significant Impact No Impact
c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines or
other utilities) that may exacerbate fire risk or
that may result in temporary or ongoing impacts
to the environment?

No Impact.

The Proposed Project is subject to environmental and building permit review procedures to reduce the risk of wildfires. The Project Site is relatively flat and varies between 2,600 to 2,607 feet in elevation. High winds are expected to cause potentially adverse effects within the General Plan Area. However, development of the Proposed Project would reduce the risk of wildfires from the site’s existing nonnative grasses by removing the grasses and developing the site with buildings and landscaping. Moreover, the Project Site is surrounded by either vacant land, single family homes or commercial development and is not anywhere near an area of combustible vegetation. The risk of wildfires is low due to the lack of wildfire fuel factors. The Proposed Project is not located in or near land classified as VHFHSZ; therefore, the Proposed Project would not exacerbate fire risk resulting in temporary or ongoing impacts to the environment. No impact would occur.

If located in or near state responsibility areas or
lands classified as very high fire hazard severity
zones, would the Project:

Potentially
Significant Impact
Less than Significant with Mitigation Incorporated
Less than
Significant Impact No Impact
d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?

No Impact.

The Project Site and its immediate vicinity is relatively flat and is not subject to post-fire slope instability.

The implementation of associated storm water BMPs would ensure that the Proposed Project appropriately conveys storm water runoff without affecting upstream or downstream drainage

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 4-101 May 2023 Xenia Multi-Family Residential Project 2021-301.01 characteristics. Construction of the Proposed Project would not require grading of slopes or creation of slopes. Accordingly, the Proposed Project would not expose people or structures to landslides or downstream flooding as a result of runoff, post-fire slope instability, or drainage changes. No impact would occur.

4.20.3 Mitigation Measures
No significant impacts were identified; no mitigation measures are required.

4.21 Mandatory Findings of Significance

4.21.1 Mandatory Findings of Significance (XXI) Environmental Checklist and Discussion
Does the Project:

Potentially Significant
Impact
Less than Significant with Mitigation
Incorporated
Less than Significant
Impact
No
Impact
a) Have the potential to substantially degrade the
quality of the environment, substantially reduce
the habitat of a fish or wildlife species, cause a
fish or wildlife population to drop below self-
sustaining levels, threaten to eliminate a plant or
animal community, substantially reduce the
number or restrict the range of a rare or
endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?

Less than Significant Impact with Mitigation Incorporated.

Impacts to biological resources, cultural resources, geology and soils (paleontological resources), and tribal cultural resources are discussed in the respective sections of this IS. Impacts would be less than significant with implementation of Mitigation Measures BIO-1 through BIO-3, CUL-1 and CUL-2, GEO-2, and TCR-1.

Does the Project:

Potentially
Significant Impact
Less than Significant with Mitigation Incorporated
Less than
Significant Impact No Impact
b) Have impacts that are individually limited, but
cumulatively considerable? (“Cumulatively
considerable” means that the incremental effects
of a project are considerable when viewed in
connection with the effects of past projects, the
effects of other current projects, and the effects
of probable future projects)?

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 4-102 May 2023 Xenia Multi-Family Residential Project 2021-301.01 No Impact.

Impacts from the Proposed Project on transportation, air quality, greenhouse gas emissions and noise are discussed in corresponding sections of this IS. As discussed in their respective sections of this IS document, no significant impacts associated with transportation, air quality, greenhouse gas, or noise have been identified. No impact would occur.

Does the Project:

Potentially Significant Impact
Less than
Significant with Mitigation Incorporated
Less than Significant Impact No Impact
c) Have environmental effects that will cause
substantial adverse effects on human beings,
either directly or indirectly?

Less than Significant Impact with Mitigation Incorporated.

As identified in this Initial Study/Mitigated Negative Declaration, the impact categories of Hazards and Hazardous Materials, Noise, and tribal cultural resources may have adverse effects on human beings, either directly or indirectly. However, all of the Project’s impacts on human beings, both direct and indirect, were identified and mitigated as necessary, to less than significant impact, or less than significant impact with mitigation. Direct and indirect impacts to human beings would be less than significant with the implementation of Mitigation Measures CUL-1 and CUL-2, GEO-1 and GEO-2 and TCR-1 outlined in this IS/MND.

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 5-1 May 2023 Xenia Multi-Family Residential Project 2021-301.01

5.0 LIST OF PREPARERS

5.1 City of Beaumont
Lead Agency
Carole Kendrick, Planner Manager

5.2 ECORP Consulting, Inc.

CEQA Documentation/Biological Resources/Cultural Resources Phillip Wasz, Senior Wildlife Biologist/Project Manager Freddie Olmos, Principal Environmental Planner
Margaret Partridge, AICP, ENV SP, Senior Environmental Planner Lisa Westwood, Vice President/Director of Cultural Resources Anne Surdzial, AICP, QA/QC
Lindsay Liegler, Associate Environmental Planner
Torrey Rotellini, GIS Technician
Laura Hesse, Technical Editor/Document Production Specialist

5.3 GeoTek, Inc.

Updated Geotechnical and Infiltration Evaluation
Edward H. LaMont, Principal Geologist
Gaby M. Bogdanoff, Project Engineer

5.4 RK Engineering Group, Inc.

Traffic Impact Analysis
Justin Tucker, P.E.

Michael Torres, E.I.T
Noise Impact Study
Bryan Estrada, AICP
Darshan Shivaiah, M.S.

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 5-2 May 2023 Xenia Multi-Family Residential Project 2021-301.01 Air Quality and Greenhouse Gas Impact Study
Bryan Estrada, AICP
Darshan Shivaiah, M.S.

5.5 Stevenson Porto & Pierce, Inc.

Preliminary Hydrology and Hydraulics Report, Project Specific Water Quality Management Plan
Jimmy C. Chen, P.E., Senior Project Manager

5.6 West Coast Environmental and Engineering
Phase I Environmental Site Assessment
Larry Levee, Senior Staff Geologist
Peter Thams, Senior Geologist/Senior Manager

5.7 Earth Systems Southwest
Report of Phase II Investigation
Alexander Schriener, Jr.

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 6-1 May 2023 Xenia Multi-Family Residential Project 2021-301.01

6.0 BIBLIOGRAPHY
Beaumont-Cherry Valley Water District (BCVWD). 2021. Final 2020 Urban Water Management Plan.

Published September 2021. Available at https://bcvwd.org/documents/2020-urban-water- management-plan/. Accessed August 4, 2022.

Beaumont Unified School District (BUSD). 2022. Beaumont Unified School District Schools. Available at https://www.beaumontusd.us/apps/pages/schools . Accessed August 24, 2022.

California Air Resources Board (CARB). 2019. State and Federal Area Designation Maps. http://www.arb.ca.gov/desig/adm/adm.htm .

California Department of Conservation (DOC). 2022. California Important Farmland Finder. Available at https://maps.conservation.ca.gov/DLRP/CIFF/ . Accessed July 20, 2022.

California Department of Fish and Game (CDFG). 2012. Staff Report on Burrowing Owl Mitigation. Dated March 7.

California Department of Fish and Wildlife (CDFW). 2021. RareFind California Department of Fish and Game Natural Diversity Database (CNDDB). California. Sacramento, CA, California Department of Fish and Wildlife, Biogeographic Data Branch. Accessed December 2021.

California Department of Forestry and Fire Protection (CAL FIRE). 2022a. CAL FIRE State Responsibility Area Viewer. Available at http://www.fire.ca.gov/firepreventionfee/sraviewer_launch . Accessed July 23, 2022.
_____. 2022b. State of California Fire Hazard Severity Zone Map Viewer. Available at https://egis.fire.ca.gov/FHSZ/ . Accessed June 2, 2022.

California Department of Resources Recycling and Recovery (CalRecycle). 2022. SWIS Facility/Site Activity Details: Lamb Canyon Sanitary Landfill (33-AA-0007). Available at https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/2246?siteID=2368 . Accessed August 18, 2022.
_____. 2017. Estimated Solid Waste Generation Rates. Available at https://www2.calrecycle.ca.gov/wastecharacterization/general/rates . Accessed January 20, 2023.

California Department of Transportation (Caltrans). 2019. California Scenic Highway Mapping System.

Officially Designated Scenic Highway. Available at https://dot.ca.gov/programs/design/lap- landscape-architecture-and-community-livability/lap-liv-i-scenic-highways. Accessed July 6, 2022. _____. 2002. California Airport Land Use Planning Handbook.

California Environmental Protection Agency (CalEPA). 2022. Cortese List Data Resources. Available at https://calepa.ca.gov/sitecleanup/corteselist/ . Accessed June 22, 2022.

California Energy Commission (CEC). 2021. California Energy Consumption Database. Available at http://www.ecdms.energy.ca.gov/Default.aspx . November 18, 2022.

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 6-2 May 2023 Xenia Multi-Family Residential Project 2021-301.01 California Native Plant Society (CNPS). 2022. Inventory of Rare and Endangered Plants (online edition, v7- 08c). Rare Plant Scientific Advisory Committee. California Native Plant Society. Sacramento, CA.

Available at: http://www.cnps.org/inventory . Accessed December 2021.

City of Beaumont. 2020a. Beaumont General Plan. Available at http://www.beaumontca.gov/121/General- Plan. Accessed June 28, 2022.
_____. 2020b. Beaumont General Plan 2040 Draft PEIR. Available at http://www.beaumontca.gov/121/General-Plan . Accessed July 28, 2022. _____. 2015. Sustainable Beaumont: The City’s Roadmap to Greenhouse Gas Reductions. October 2015.

Available at https://www.beaumontca.gov/DocumentCenter/View/27815/Beaumont-Climate- Action-Plan?bidId=. Accessed August 11, 2022.

Crockett, Alexander G. 2011. Addressing the Significance of Greenhouse Gas Emissions Under CEQA:

California’s Search for Regulatory Certainty in an Uncertain World.

DataQuest, 2023. https://dq.ede.ca.gov/dataquest/ , accessed online on January 29, 2023.

Department of Toxic Substances Control (DTSC). 2022. Department of Toxic Substances Control.

EnviroStor Database. Available at: https://www.envirostor.dtsc.ca.gov/public/ . Accessed on June 22, 2022.

Earth Systems Southwest (ESSW). 2006. Report of Phase II Investigation. February 23.

ECORP Consulting, Inc. 2023. Biological Technical Report and MSHCP Consistency Analysis for the Xenia Apartment Development Project in Beaumont, California. May 2023. _____. 2023. Cultural Resources Inventory and Evaluation Report for the Xenia Apartments Project, Riverside County, California. May 2023.

Federal Emergency Management Agency (FEMA). 2002. National Flood Insurance Program: Flood Insurance Rate Map Number 06065C0812G, Panel 811 of 3805. Effective August 28, 2002.

Federal Highway Administration (FHWA). 2011. Effective Noise Control During Nighttime Construction. http://ops.fhwa.dot.gov/wz/workshops/accessible/schexnayder_paper.htm .

GeoTek, Inc. 2022. Updated Geotechnical and Infiltration Evaluation for Proposed Multi-Family Residential Development: Xenia Apartment Project East of Xenia Avenue and About 200 Feet South of East 8th Street Beaumont, Riverside County, California. July 7, 2021 (revised September 28).

Harris, Miller, Miller & Hanson Inc. 2006. Transit Noise and Vibration Impact Assessment, Final Report.

Hendrix, Lisa. 2023. Personal communication with Paul Onufer via email regarding school information.

Natural Resources Conservation Service (NRCS). 2022. Web Soil Survey. Available at https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx . Accessed July 26, 2022.

Jaramillo, Alexander. 2023. Email correspondence between Alexander Jaramillo of Stevenson, Porto & Pierce, Inc and Paul Onufer regarding proposed onsite basin capacity.

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 6-3 May 2023 Xenia Multi-Family Residential Project 2021-301.01 Regional Conservation Authority (RCA). 2021. RCA MSHCP Information Map. Available from:
https://wrcrca.maps.arcgis.com/apps/webappviewer/index.html?id=a73e69d2a64d41c29ebd3acd 67467abd Accessed: December 2021
Riverside County Land Management Agency (RCTLMA). 2022. Western Riverside County Multiple Species Habitat Conservation Plan. Available from: http://rctlma.org/Portals/0/mshcp/volume1/index.html _____. 2006. Burrowing Owl Survey Instructions. Available from:
https://www.rctlma.org/Portals/3/EPD/consultant/burrowing_owl_survey_instructions.pdf .

RK Engineering Group, Inc. 2023. Xenia Multifamily Residential Project Energy Conservation Analysis, City of Beaumont. March 27.
_____. 2022a. Xenia Multifamily Residential Project Air Quality and Greenhouse Gas Impact Study. December

21. _____. 2022b. Xenia Multifamily Residential Project Noise Impact Study. December 21. _____. 2022c. Xenia Multifamily Residential Project Traffic Impact Study. September 22.

Santa Ana Regional Water Quality Control Board (Santa Ana RWQCB). 2020. Staff Report: September 11, 2020. Available at https://www.waterboards.ca.gov/santaana/board_info/agendas/2020/9-11- 2020/Item_9.pdf. Accessed August 26, 2022.

State Water Resources Control Board (SWRCB) 2022. GeoTracker Database. Available at https://geotracker.waterboards.ca.gov/ . Accessed June 22, 2022.

Society of Vertebrate Paleontology. 2010. Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources. Available at https://vertpaleo.org/wp- content/uploads/2021/01/SVP_Impact_Mitigation_Guidelines-1.pdf.

Stevenson, Porto & Pierce, Inc. 2022a. Project Specific Water Quality Management Plan. September 19. _____. 2022b. Preliminary Hydrology and Hydraulics Report. Tentative Parcel Map 38233. December 13.

U.S. Census Bureau. 2022. QuickFacts: Beaumont City, California. Available at https://www.census.gov/quickfacts/fact/table/beaumontcitycalifornia/PST045221 . Accessed August 4, 2022.

U.S. Fish and Wildlife Service (USFWS). 2022. National Wetlands Inventory, Wetlands Mapper. Accessed:

December 2022
West Coast Environmental and Engineering. 2006. Phase I Environmental Site Assessment, Xenia Townhomes Project.

Western Science Center. 2022. Paleontological Site Assessment. September 2, 2022.

Draft Initial Study and Mitigated Negative Declaration
ECORP Consulting, Inc. 6-4 May 2023 Xenia Multi-Family Residential Project 2021-301.01

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LIST OF APPENDICES
Appendix A – Air Quality and Greenhouse Gas Impact Study Appendix B – Biological Technical Report and MSHCP Consistency Analysis Appendix C – Cultural Resources Inventory and Evaluation Report Appendix D – Updated Geotechnical and Infiltration Evaluation Appendix E – Paleontological Site Assessment
Appendix F – Project Specific Water Quality Management Plan Appendix G – Phase I Environmental Site Assessment
Appendix H – Report of Phase II Investigation
Appendix I – Xenia Multifamily Residential Project Noise Impact Study Appendix J – Xenia Multifamily Residential Project Traffic Impact Analysis Appendix K – Preliminary Hydrology and Hydraulics Report Appendix L – Energy Conservation Analysis

CITY OF BEAUMONT

PLANNING DEPARTMENT

DRAFT CONDITIONS OF APPROVAL

PLANNING COMISSION DATE: October 25, 2023
CITY COUNCIL DATE: November 7, 2023

PROJECT NAME: Xenia Apartments
PROJECT NOS.: PP2022-0427, PM2022-0010 (TPM38233) and ENV2022-0021 DESCRIPTION: A request to construct 16, two-story apartment buildings, totaling 192 multi-family residential dwelling units and one (1) single story community building, on approximately 10.93 acres located in the Downtown Residential Multiple Family (DMF) zoned properties located south of Eighth Street on the east side of Xenia Avenue.

APPLICANT: Beaumont Land Partners, LLC
LOCATION: South of Eighth Street on the east side of Xenia Avenue APNS: 419-160-005, -024, 419-170-016, -017, -018, -022 and -027

Note: Any conditions revised at a hearing will be noted by strikeout (for deletions) and/or underline (for additions), and any newly added conditions will be added at the end of all conditions regardless of the Department originating the condition.

STANDARD CONDITIONS

1. The permit for the above referenced Plot Plan and Tentative Parcel Map consists of all Conditions of Approval herein. All Conditions of Approval for PP2022-0427 and PM2022-0010 (TPM38233) and other related approvals are still in effect.

2. The use hereby permitted is for the construction of 16, two-story apartment buildings, totaling 192 multi-family residential dwelling units and one (1) single story community building, on approximately 10.93 acres located in Downtown Residential Multiple Family (DMF) zoned properties located south of Eighth Street on the east side of Xenia Avenue. (APNs 419-160-005, -024, 419-170-016, -017, -018, -022 and -027).

3. The Community Development Director may approve minor modifications to the site plan that are in substantial conformance to the approved project and that do not increase impacts. All copies of the revised plans shall be dated and signed by the Director and made a part of the record.

4. The permittee shall defend, indemnify, and hold harmless the City of Beaumont, the Beaumont Redevelopment Agency, its agents, officers, consultants, and employees from any claims, action, or proceeding against the City of Beaumont or its agents, officers, consultants, or employees to attack, set aside, void, or annul, an approval of the City of Beaumont, its advisory agencies, appeal boards, or legislative body concerning Plot Plan PP2022-0427, Tentative Parcel Map PM2022-0010 (TPM38233)

and Environmental ENV2022-0021. The City of Beaumont will promptly notify the permittee of any such claim, action, or proceeding against the City of Beaumont and will cooperate fully in the defense. If the City fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Beaumont.

5. The subdivision shall comply with the State of California Subdivision Map Act and to all the pertinent requirements of The Beaumont Municipal Code, unless modified by the conditions listed below.

6. This conditionally approved tentative map will expire two (2) years after the original approval date, unless extended as provided by the Beaumont Municipal Code, the State Subdivision Map Act or by a development agreement. Action on a minor change and/or revised map request will not extend the time limits of the tentative map.

Approval of the final map by the City Council is required.

7. The final map shall be prepared by a licensed land surveyor or registered civil engineer subject to all the requirements of the State of California Subdivision Map Act and The Beaumont Municipal Code.

8. If deemed necessary by the Community Development Director, within ten (10) days of approval by the City Council ten (10) copies of an Amended Per Final Conditions map shall be submitted to and approved by the Community Development Director prior to release of the final conditions of approval.

9. Any subsequent review/approvals required by the conditions of approval, including but not limited to grading, landscaping, plot plan and/or building plan review, shall be reviewed on an hourly basis based on, or such fee as may be in effect at the time of submittal, listed in Ordinance No. 506.

10. The subdivider shall be fully responsible for maintenance and upkeep of any and all slopes, landscaped areas, open space areas, future development areas and irrigation systems until such time as maintenance responsibilities are assumed by other as approved by the Planning Department.

11. The approval of this map shall not result in any vesting provisions relative to City of Beaumont fees and exactions.

12. This approval is subject to the City of Beaumont Municipal Code Section 17.02.070 Plot Plans are subject to timing specified in Sections (I) Plot Plan Time Limits, and(J) Plot Plan Lapse in Time.

13. Administrative Plot Plan and business license application review and approval are required prior to occupancy of the building or sales of any items.

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14. Occupancy inspections will be required prior to the start of operations by the Building & Safety, Planning, Police, and Fire Departments. All inspections shall be performed and approved before a Certificate of Occupancy will be issued by the Building and Safety Department.

15. The Community Development Director shall monitor the subject use to ensure that the scale of the use does not exceed the limitations of the existing site improvements. In the event the Community Development Director determines that the scale of the use has exceeded site limitations, a hearing shall be scheduled before the Planning Commission to review the permit and consider modification or revocation thereof.

16. After 12 months of operation, the subject matter may, at the discretion of the Community Development Director, be scheduled for review by the Planning Commission. The Commission shall retain the authority to amend these conditions of approval at such time, or to modify the use or revoke the permit if substantial problems result from the operation.

17. The applicant shall be responsible for securing clearance, permits and approvals from all relevant agencies, including the Building Department, Fire Department, Health Department, and any other necessary departments or agencies.

18. This permit shall be for the benefit of the applicant in whose name the permit was issued, for the specific approved location. The permit shall not be transferrable to another individual or location.

19. Barbed wire, concertina and razor are strictly prohibited.

20. Per Beaumont Municipal Code, Section 17.19.080.M.7 New development when sited next to single-family uses shall step back upper floors (third and higher) an additional 15 feet to maintain solar access and privacy for adjacent single-family residential uses.

21. Per Beaumont Municipal Code, Section 17.19.080.M.3.c Building façade(s) shall extend a minimum of 65 percent of the street frontage for the area between the minimum and maximum front yard setbacks. For example, if a lot is 100 feet wide, 65 linear feet of the lot parallel to the street must be occupied by a building(s) that adheres to the maximum setback requirement.

22. Beaumont Municipal Code, Section 17.14.030.O the project will be required to provide useable open space. Open space upon the lot or parcel to which it is appurtenant, which can be used by inhabitants of the property for outdoor living, activity and/or

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recreation and may include landscaping. Each linear dimension of such space shall be a minimum of six feet. Balconies may be credited as "usable open space" provided they each have linear dimensions of a minimum of five feet. Enclosed recreation or multi-purpose activity rooms may be credited as "usable open space." All such areas shall be readily accessible to the inhabitants of the property. "Usable open space" does not include driveways, open or covered parking areas, utility space such as trash or garbage areas, or space occupied by the required front yard setback.

The computation of usable open space provided shall be as follows:

1. The following areas shall be computed at 1.25 times the area actually devoted to such use:
a. Private patios, when directly accessible to the dwelling unit to which it is appurtenant; such patios shall be completely enclosed on all sides by a fence which is a minimum of five feet in height;
b. Balconies and lanais, when directly accessible to the unit to which they are appurtenant; such balconies and lanais must have a minimum dimension of five feet;
c. Swimming pool areas, including the hard surface deck, which normally surrounds such pools. Deck area more than 25 feet from the edge of the pool will not be counted as open space under this; and
d. Recreation activity rooms, provided these rooms are permanently maintained for the use of tenants for various recreation activities. Such activity rooms shall not include lobbies, but may include common steam rooms, sauna baths, or the like.

2. All other areas meeting usable open space requirements shall be credited with the actual area (square feet) provided.

3. No area will be considered as usable open space if it has any dimension less than six feet except balconies.

23. Per Beaumont Municipal Code, Section 17.05.060 off street parking areas shall be provided on the subject site, outside of any public right-of-way.

24. Per Beaumont Municipal Code, Section 17.05.060.A.7 no parking space shall be located within 20 feet of the access driveway.

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25. Per Beaumont Municipal Code, Section 17.06.040.A & B landscaping is required as follows per Section 17.06.060.B:

A. Landscape Requirements.

1. Landscape Depths Required:
a. Property Lines Adjacent to Residential Districts: Five feet. b. Required Setback Adjacent to Public Rights-of-Way: Ten feet.

2.This area shall be landscaped with plant materials.

3. Landscaping in these areas shall consist of an effective combination of street trees, trees, ground cover and shrubbery and may include such items as sidewalks, access driveways, flagpoles, fountains, and other similar appurtenances.

4. Landscaping shall be developed as usable landscaped open space and outdoor living and recreation area with an adequate irrigation system.

5. Area shall be landscaped with plant materials designed to provide beautification and screening.

6. The planting of shade trees on the south and west-facing sides of new buildings is encouraged.

B. Landscape Provisions.

1.All non-paved areas shall be landscaped and maintained to control dust.

2. Wherever off-street parking areas are situated across the street from property in a residential zone, a masonry wall or berm three feet in height shall be erected within the required landscape area, outside of the public right-of-way to adequately screen the residential properties.

3. An automatic irrigation system shall be provided for all landscaped areas.

4. Landscaping within required setback adjacent to the public right-of-way shall be provided and maintained in perpetuity subject to the following conditions:
a. A distinct demarcation between asphalt paving and landscaped area shall be provided.
b. No other usage or storage is permitted within the required landscaped area.

26. Per Beaumont Municipal Code Section 17.06.050.A parking lot dividers, islands, planters, and planting areas shall be a minimum of five feet wide and ten feet long except for that all new or retrofitted tree planter shall be a minimum of nine feet by seven feet, measured to the inside perimeter of the planter, and shall have no less than 48 square feet of permeable soil planting area.

27. Per Beaumont Municipal Code Section 17.06.050.B Parking lot tree irrigation requirements. Automatic irrigation systems within parking lots shall be installed. Trees

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shall be irrigated with drip emitters, bubbler heads, or subterranean low-volume drip system. Trees shall be irrigated separately from shrubs and ground covers.

28. Per Beaumont Municipal Code Section 17.06.050.C Parking lot tree maintenance and installation requirements. All plants and irrigation systems shall be installed according to approved plans. The owner shall guarantee the quality of work, health, and condition of plants and installation of materials including but not limited to plant types, size, spacing, and irrigation systems. Prior to final acceptance of the project, the City shall inspect and verify that the installation is in compliance with the approved plans and specifications. All corrections, adjustments, and/or replacement of landscape elements shall be done prior to final approval by the City.

29. The landscape plans shall include 24” box trees placed 40’ on center along the Xenia Avenue.

30. Prior to the issuance of a building permit, landscaping and irrigation plans shall be submitted for plan check review and approval.

31. Prior to the issuance of the final permit or certificate of occupancy, the landscape and irrigation plans shall be approved and installed to the satisfaction of the Planning Department.

32. The landscape plans shall include landscape and irrigation for the outdoor fitness area.

33. The project shall construct decorative block walls with a maximum height of six (6) feet on the southern, eastern and northern project boundaries including the southern, eastern and northern boundaries. The portions of the project site that front onto Eighth Street (outdoor fitness area and Eighth Street driveway) shall also construct decorative blocks with a maximum height of six (6) feet on the eastern, western, northern boundaries of the outdoor fitness area and on the eastern and western boundaries of the Eighth Street driveway.

34. The project shall comply the outdoor lighting (night sky) requirements of Beaumont Municipal Code Chapter 8.50.

35. Except for safety signage required by other provisions of law, signage is not approved as part of this project. Signage, in accordance with Beaumont Municipal Code, may be approved at a later date under a separate permit.

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36. Prior to the issuance of a building permit, the applicant shall provide documentation that Parcel Map No. 38223 has been recorded to demonstrate that no structures occur over property lines.

37. No outdoor activities are permitted within the parking area without an approved Special Event Permit.

38. No vehicles may be parked on sidewalks, parkways, driveways, or alleys.

39. Anti-graffiti coating or equivalent measure to prevent graffiti shall be provided for all block walls.

40. The project is proposed to be constructed in one (1) phase. Any modifications to the phasing will require a modification to the Plot Plan and conditions of approval.

RECORDATION CONDITIONS

Prior to the RECORDATION of any final map, all the following conditions shall be satisfied:

41. The subdivider shall submit written clearances to the Public Works Department that all pertinent requirements from the following agencies have been met:

City Fire Department
City Police Department
City Planning Department
Beaumont Cherry Valley Water District
Beaumont Unified School District

42. All public street road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Public Works Department. Street names shall be subject to the approval of the Building Official.

The final street sections, configurations and improvements shall be subject to the approval of the Public Works Department.

43. All delinquent property taxes, special taxes and/or any other assessments shall be paid to the Riverside County Tax Collectors Office.

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BUILDING DEPARTMENT CONDITIONS

44. A legal address assigned by the Building Division will be required prior to submittal of any plan check documents to the Building Division. Please coordinate directly with Building for required application, fees, and documentation required. This address must be posted on the site at all times.

45. Address shall be posted in a manner approved by the Fire Chief of Riverside County or the Fire Chief’s designee.

46. The proposed use requires construction drawings to be submitted to the Department of Building and Safety for plan review, building permits and building inspections.

47. Provide note on plans that “Dig Alert (811) shall be contacted prior to any excavation in accordance with government code section 4216”.

48. All new structures shall be designed in conformance to the latest design standards adopted by the State of California in the California Building Standards Code, Title 24, California Code of Regulations (CBC, CRC, CEC, CMC, CPC and Green Building Standards) and City of Beaumont Ordinances including requirements for allowable area, occupancy separations, fire suppression systems, etc.

49. The proposed apartments require construction drawings to be submitted to the Building Department for plan review, building permits and inspections.

50. Access, sanitary facilities, and parking shall comply with Title 24 Accessibility Requirements with the currently adopted California Building Code.

51. Electronic plan submittals are required and shall be submitted to [email protected]

52. Sites subject to parcel line adjustments shall reflect the existing parcel lines and the proposed parcel lines and the distances to the structure accordingly. No permits will be issued by the Building Division until the recordation of such adjustments is received by the City of Beaumont.

53. Upon plan check submittal and after review of the submitted plans, specifications and documents, additional requirements may be required.

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54. The proposed new development is subject to the payment of School Fees as required by law. The applicant is required to submit a Certificate of Compliance from the school district(s) to obtain building permits from the City.

55. Permit fees shall be paid in accordance to the City’s adopted fee schedule at the time of building permit issuance.

56. Riverside County Health Department approval will be required prior to permit issuance for the swimming pool. An original set of the approved plans will need to be provided to the City of Beaumont.

FIRE DEPARTMENT CONDITIONS

With respect to the conditions of approval for the referenced project, the Fire Department requires the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards:

Prior to Grading

57. Water Plans - The applicant or developer shall furnish one copy of the offsite water improvement plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire Department for signature.

a. A new public hydrant shall be provided per the current CFC on the East side of Xenia to serve this project.

58. Fire Access Road Improvements – The applicant shall submit Precise Grading Plans Identifying Fire Access Roads to all structures in compliance with Fire Department Access Standards.

a. All gates, main entry on Xenia and gate to 8th St, shall provide a minimum of 14’ clear width for each direction of travel).

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Prior to Building Permit Issuance:

59. Fire Protection Water Supplies/Fire Flow – The minimum fire flow for the construction of all buildings is required per CFC Appendix B. Prior to building permit issuance for new construction, the applicant shall provide documentation to show there exists a water system capable of delivering the required fire flow. Specific design features may increase or decrease the required fire flow.

60. Fire Protection Water Supplies/Hydrants - The minimum number of fire hydrants required, as well as the location and spacing of fire hydrants, shall comply with CFC Appendix C and NFPA 24. Fire hydrants shall be located no more than 400 feet from all portions of the exterior of the building along an approved route on a fire apparatus access road, unless otherwise approved by the Fire Department. Fire hydrants shall be at least 40 feet from the building it is serving. A fire hydrant shall be located within 20 to 100 feet of the fire department connection for buildings protected with a fire sprinkler system. The size and number of outlets required for the approved fire hydrants are 4” x 2 ½” x 2 ½”. Plans for private underground fire mains shall be submitted to the fire department for review and approval prior to installation.

61. Phased Construction Access and Water Supply - If construction is phased, an approved phasing plan shall be approved by the Fire Department. Each phase shall provide approved access and water supply for fire protection prior to any construction.

Contact our office for submittal instructions.

62. Fire Department Plan Review - Submittal of construction plans to the Fire Department will be required. This will require a separate permit application submitted directly to the Fire Department. This shall include a full site plan including all fire apparatus access roads. Final fire and life safety conditions will be addressed when the Fire Department reviews these plans. These conditions will be based on California Fire Code, California Building Code (CBC), and related codes/standards adopted at the time of construction plan submittal. Contact our office for submittal instructions.

Prior to Final Approval:

63. Fire Sprinkler System - All new buildings and structures 3,600 square feet or larger will be required to install a fire sprinkler system.

64. Fire Alarm and Detection System - A water flow monitoring system and/or fire alarm system shall be required as determined at time of building construction plan review.

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65. Traffic Calming Devices - Requests for installation of traffic calming designs/devices on fire apparatus access roads shall be submitted and approved by the Fire Code Official.

POLICE DEPARTMENT

66. The applicant shall comply with all applicable local, county, state and federal regulations.

67. All exterior lighting on the site shall remain fully functional and be kept on during all hours of darkness. Exterior lighting shall be sufficient to illuminate the property during all hours of darkness. Any proposed outside lighting shall be in compliance with the City’s Lighting Ordinance, Chapter 8.50, of the City of Beaumont Municipal Code.

68. There shall be no loitering permitted on the premises. It is the responsibility of the applicant to enforce no loitering.

69. The applicant shall have security cameras operating at all times. Security camera quality, lighting, and positioning must be capable of providing facial recognition in key areas in and around the facilities, including the parking lot area. During hours of operation, a staff member shall be present who has the authority to meet law enforcement’s request to view and/or copy images captured on the video surveillance system. All images must be recorded and retained for at least 30 days.

70. The address of the business shall be clearly visible from the front of the building and shall be illuminated during the hours of darkness.

71. Graffiti shall be removed immediately. It is recommended to use materials that are less desirable for graffiti. Where permitted by the Planning Department, it is recommended to cover appropriate fencing/walls (block wall, etc.) with vines to discourage graffiti.

72. All exterior doors shall have a deadbolt that is at least one inch in length.

73. All exterior doors shall have three-to-four-inch screws installed with strike plates.

74. Landscaping on the premises shall be trimmed below three feet (bushes, ground cover, etc.) and above six feet (tree canopies). All bushes located in front of a window need to be trimmed below the bottom of the window. A “V” pattern to the bushes

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allows for visibility. These requirements are to provide clear visibility throughout the property.

75. The applicant shall ensure that all gates are installed with an approved means of emergency operation and said gates shall be maintained and operational. Each electric or vehicle gate will require a Knox Key Switch or Knox Pad-lock. Contact the Beaumont Police Department to obtain the Knox Box application.

PUBLIC WORKS – PLOT PLAN

General

76. The following is a non-inclusive list of items that may be required by the Public Works Department:
a. Plans:
i. Street Improvement Plan
ii. Landscape Plan offsite
iii. Rough/Precise Grading Plan
iv. Erosion Control Plan
v. Retaining wall Plan (for line and grade only)
vi. Sewer Improvement Plan
vii. Storm Drain Improvement Plan
viii. Onsite Composite Utility Plan
ix. Traffic Control Plan
b. Reports & Studies:
i. Geotechnical Report
ii. Offsite Improvement Engineer’s Cost Estimate (ECE)
iii. Grading Certification
iv. Compaction Report
c. Permits and agreements:
i. Permission to Grade and Construction agreements
ii. Non-interference letters
iii. WQMP Covenant and Agreement
iv. City Grading Permit
v. City Dirt Haul Permit
vi. City Encroachment Permit
vii. Performance Bond
viii. Labor & Material Bond
ix. Maintenance Bond
d. Survey Documents

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Draft Conditions of Approval

i. Final Map
ii. Easement Dedications

77. The design of public infrastructure elements shall conform to the requirements of the City General Plan, Water Quality Management Plan, Master Plans, City of Beaumont Standards, Riverside County Transportation Department (RCTD) Road Improvement Standards & Specification, Riverside County Flood Control Standards, RCTD Map Preparation Manual, Eastern Municipal Water District (EMWD), Caltrans Standard Specifications and the Standard Specifications for Public Works Construction, current edition, as required by the City Engineer.

78. All required plans and studies shall be prepared by a Registered Professional Engineer, Registered Professional Geologist or Registered Professional Surveyor in the State of California, and submitted to the Public Works Department for review and approval.

79. The Applicant shall coordinate with affected utility companies and obtain any permits as necessary for the development of this project.

80. The Applicant is responsible for resolving any conflicts with existing or proposed easements. All easement(s) of record and proposed easements shall be shown on the grading plan and improvement plans, where applicable.

81. The Applicant shall obtain an Encroachment Permit, as required, for all work within the public right-of-way.

82. PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The applicant shall satisfy all Public Works Conditions of Approval for Tentative Parcel Map 38233.

83. PRIOR TO START OF CONSTRUCTION: Where survey monuments exist, such monuments shall be protected or shall be referenced and reset, pursuant to Business and Professions Code, Sections 8700 to 8805 (Land Surveyors Act).

84. PRIOR TO ISSUANCE OF AN ENCROACHMENT PERMIT: The Applicant, at its sole expense, shall obtain all right-of-way or easement acquisitions necessary to implement any portion or condition of this project.

PP2022-0427, PM2022-0010 & ENV2022-0021
Draft Conditions of Approval

STREET IMPROVEMENTS

85. PRIOR TO ACCEPTANCE OF ANY PUBLIC STREET IMPROVEMENT AND PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The applicant shall underground existing utility poles along the project frontage, and as necessary for transitions, in accordance with the City of Beaumont. Should the utility poles be exempt from undergrounding, as identified in the Municipal Code, the applicant shall relocate the poles sufficient to construct the improvements required as part of the development.

86. PRIOR TO ACCEPTANCE OF ANY PUBLIC STREET IMPROVEMENT AND PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The Applicant shall complete all half-width improvements along XENIA AVENUE, coincident with the project boundary and as necessary to safety transition to the existing improvements. All transitions to existing improvement shall occur outside the project boundary. The improvements shall conform to RCTD std. 93 Major Highway and shall include:

a. 8” Curb and Gutter, 38-feet east of the monument centerline; b. Meandering sidewalk or as directed by the Planning Department; c. 12’ wide raised median w/ landscaping
d. Street structural sections shall be designed with a Traffic Index per soil engineer’s recommendations (9.0 minimum). Preliminary soils investigations shall be used by the Engineer to determine an appropriate R-value and the pavement and base thickness based on the established Traffic Index. In no case shall the minimum pavement section be less than 6” AC/12” AB;
e. All sawcuts and joining of existing ac paving shall be per the City’s pavement restoration detail.
f. Existing AC surface shall be slurry sealed.
g. Tapers shall be per current MUTCD standards.

87. PRIOR TO ACCEPTANCE OF ANY PUBLIC STREET IMPROVEMENT AND PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The Applicant shall complete all half-width improvements along EIGHTH STREET, coincident with the project boundary and as necessary to safety transition to the existing improvements. All transitions to existing improvement shall occur outside the project boundary. The improvements shall match existing improvements to the east of the project and shall include:

a. 8” Curb and Gutter, 32-feet south of the monument centerline; b. sidewalk as directed by the Planning Department;

PP2022-0427, PM2022-0010 & ENV2022-0021
Draft Conditions of Approval

c. Street structural sections shall be designed with a Traffic Index per soil engineer’s recommendations (9.0 minimum). Preliminary soils investigations shall be used by the Engineer to determine an appropriate R-value and the pavement and base thickness based on the established Traffic Index. In no case shall the minimum pavement section be less than 6” AC/12” AB;
d. All sawcuts and joining of existing ac paving shall be per the City’s pavement restoration detail.
e. Existing AC surface shall be slurry sealed.
f. Tapers shall be per current MUTCD standards

88. PRIOR TO ACCEPTANCE OF ANY PUBLIC STREET IMPROVEMENT AND PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The Applicant shall provide reasonable accommodations, improvements, and restore any damaged property for the property at 1553 E. Eighth Street and any other properties affected by the development of this project.

89. PRIOR TO ACCEPTANCE OF ANY PUBLIC STREET IMPROVEMENT AND PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The Applicant shall replace any sidewalk, curb and gutter, drive approach, AC pavement or other improvement damaged during construction as determined necessary by the City Engineer.

90. PRIOR TO ACCEPTANCE OF ANY PUBLIC STREET IMPROVEMENT AND PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The Applicant shall install public streetlights along the project frontage of perimeter streets and along interior streets, in accordance with the City of Beaumont Approved Street Lighting Specifications. The Applicant shall coordinate with Public Works before submitting street light plans.

91. PRIOR TO ACCEPTANCE OF ANY PUBLIC STREET IMPROVEMENT AND PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The applicant shall design and install offsite landscaping and supporting irrigation system. All irrigation and landscaping associated with this project will be privately maintained. The landscape within public right-of-way shall occur on a separate plan set from the on-site landscaping.

GRADING AND DRAINAGE IMPROVEMENTS

92. PRIOR TO ISSUANCE OF A GRADING PERMIT: The applicant shall design the drainage facilities to capture and convey the 100-year storm event.

PP2022-0427, PM2022-0010 & ENV2022-0021
Draft Conditions of Approval

93. PRIOR TO ISSUANCE OF A GRADING PERMIT: The Applicant shall design the drainage facilities to collect and convey all on-site drainage flows in a manner consistent with the historic drainage pattern and discharge in a manner which will not increase damage, hazard, or liability to adjacent or downstream properties.

94. PRIOR TO ISSUANCE OF A GRADING PERMIT: The applicant shall obtain a National Pollutant Discharge Elimination System (NPDES) Construction General Permit for stormwater discharges associated with construction activities as required by the California Water Resources Control Board.

95. PRIOR TO ISSUANCE OF A GRADING PERMIT: A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared and submitted to the California Water Resources Control Board. The developer shall be responsible for implementation, monitoring, operation, and maintenance of the SWPPP until all improvements have been accepted by Public Works Department or construction is complete, whichever is later.

96. PRIOR TO ISSUANCE OF A GRADING PERMIT: A copy of the Notice of Intent (NOI) and Waste Discharge Identification (WDID) number from the State Water Resources Control Board shall be provided to the Public Works Department.

97. PRIOR TO ISSUANCE OF GRADING PERMIT: The applicant shall adhere to all Federal Emergency Management Agency (FEMA) regulations and requirements in the event that existing drainage patterns are affected by this development. The applicant shall submit to the City and to any governing Federal agency for review and approval, all necessary calculations.

98. PRIOR TO ISSUANCE OF A GRADING PERMIT: The applicant shall design all storm drains, catch basins, and storm water structures with trash capture devices that conform with the approved trash capture list issued by the State Water Board.

99. PRIOR TO ISSUANCE OF GRADING PERMIT: The applicant shall submit for review and approval, a Final WQMP (F-WQMP). The F-WQMP shall be in substantial conformance with the approved preliminary Project-Specific WQMP and the document “Water Quality Management Plan – A Guidance Document for the Santa Ana Region of Riverside County,” dated October 2012 (Guidance Document).

100. PRIOR TO ISSUANCE OF GRADING PERMIT: The Applicant shall record a “Covenant and Agreement” with the County Recorder, or other instrument acceptable to the City, to inform future property owners of the requirement to implement the approved project-specific WQMP.

PP2022-0427, PM2022-0010 & ENV2022-0021
Draft Conditions of Approval

101. PRIOR TO ISSUANCE OF A GRADING PERMIT: The applicant shall design temporary drainage facilities and erosion control measures to minimize erosion and silt deposition during the grading operation.

102. CONCURRENT WITH GRADING OPERATIONS: Any grading and/or utility excavations and backfilling, both on and off site, shall be done under the continuous direction of a licensed geotechnical/civil engineer who shall obtain all required permits and submit reports on progress and test results to the City Engineer for review and approval as determined by the City. Upon completion of all soils related work, the geotechnical engineer shall submit a final report to the City Engineer for review and approval, which may require additional tests at the expense of the applicant.

103. CONCURRENT WITH GRADING OPERATIONS: The Applicant shall construct temporary drainage facilities and erosion control measures to minimize erosion and silt deposition.

104. PRIOR TO FOUNDATION TRENCHING: The applicant shall submit a soil compaction report to the City for review and approval.

105. PRIOR TO OBTAINING ANY BUILDING PERMIT: The applicant shall submit pad certifications letters and pad compaction reports to the City for review and Approval.

STORM DRAIN IMPROVEMENTS
106. PRIOR TO ACCEPTANCE OF ANY PUBLIC STREET OR STORM DRAIN IMPROVEMENT AND PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT: The storm drain facilities within public right-of-way will be publicly maintained. All onsite storm drain (outside of the public right-of-way) shall be privately owned and maintained. The applicant shall construct an appropriate manhole near the public-to- private transition that will delineate the change in maintenance responsibility.

107. PRIOR TO PUBLIC SIDEWALK, CURB, & AC PAVEMENT: The applicant shall construct all portions of the storm drain system that encroaches or occurs within the public right-of-way.

108. PRIOR TO ACCEPTANCE OF ANY PUBLIC STREET OR STORM DRAIN

IMPROVEMENT AND PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO):All storm drain manhole rims shall be set flush with the finished surface Per the City of Beaumont’s paving and manhole cover detail.

PP2022-0427, PM2022-0010 & ENV2022-0021
Draft Conditions of Approval

109. PRIOR TO ACCEPTANCE OF ANY PUBLIC STORM DRAIN IMPROVEMENT AND PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The applicant shall repair the storm drain trench and restore existing pavement associated with storm drain installation per the City of Beaumont’s Paving and Trench Repair detail.

110. PRIOR TO PLACEMENT OF PAVEMENT OR FINISHED SURFACE: The applicant shall construction all portions of the storm drain system that encroaches or occurs within the public right-of-way. Any private connections must occur outside the right-of-way and join the public system via a manhole.

SEWER IMPROVEMENTS
111. PRIOR TO PUBLIC SIDEWALK, CURB, & AC PAVEMENT: The applicant shall construction all portions of the sewer system that encroaches or occurs within the public right-of-way.

112. PRIOR TO ACCEPTANCE OF ANY PUBLIC STREET OR SEWER

IMPROVEMENT AND PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The public sanitary sewer system shall be completed and connected to the existing municipal sewer system.

113. PRIOR TO ACCEPTANCE OF ANY PUBLIC STREET OR SEWER

IMPROVEMENT AND PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): All sewer manhole rims shall be set flush with the finished surface Per the City of Beaumont’s paving and manhole cover detail.

114. PRIOR TO ACCEPTANCE OF ANY PUBLIC SEWER IMPROVEMENT AND PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The applicant shall repair the sewer trench and restore existing pavement associated with sewer installation per the City of Beaumont’s Paving and Trench Repair detail.

WATER IMPROVEMENTS
115. PRIOR TO ACCEPTANCE OF ANY PUBLIC STREET IMPROVEMENT AND PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The applicant shall ensure all water valves and vault covers within paved areas are raised flushed with finished surface and painted after paving is completed.

PP2022-0427, PM2022-0010 & ENV2022-0021
Draft Conditions of Approval

116. PRIOR TO ACCEPTANCE OF ANY PUBLIC STREET IMPROVEMENT AND PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The applicant shall ensure all fire hydrants; air vacs and other above ground water facilities are placed outside of sidewalk areas. Water meter boxes and vaults, valve covers, etc. may be placed within sidewalks or paved areas provided such devices are set flush with the finished surfaces and are properly rated for chosen locations.

PUBLIC WORKS – TENTATIVE PARCEL MAP

GENERAL
117. The following is a non-inclusive list of items that may be required by the Public Works Department:
a. Permits and agreements:
i. Permission to Grade and Construction agreements
ii. Non-interference letters
b. Survey Documents
i. Final Map

118. The Applicant shall coordinate with affected utility companies and obtain any permits as necessary for the development of this project.

119. The Applicant is responsible for resolving any conflicts with existing or proposed easements. All easement(s) of record and proposed easements shall be shown on the grading plan and improvement plans, where applicable.

SURVEYING AND MAPPING
120. PRIOR TO START OF CONSTRUCTION: Where survey monuments exist, such monuments shall be protected or shall be referenced and reset, pursuant to Business and Professions Code, Sections 8700 to 8805 (Land Surveyors Act).

121. PRIOR TO MAP RECORDATION: When changes to an approved Tentative Map are proposed, a Substantial Compliance Exhibit, in the same scale as the Tentative Map, shall be submitted for review and approval by the City Engineer.

122. PRIOR TO MAP RECORDATION: All public improvement plans associated with PP2021-0427 and necessary for the complete construction of backbone facilities shall

PP2022-0427, PM2022-0010 & ENV2022-0021
Draft Conditions of Approval

be approved.

123. PRIOR TO MAP RECORDATION: The applicant shall prepare and fully execute a Subdivision Improvement Agreement (SIA) with the City (On City approved format and forms).

124. PRIOR TO MAP RECORDATION: The applicant shall provide securities guaranteeing the payment of the cost for all public improvements. The securities shall include Faithful Performance and labor and materials for 100% of the approved Engineer’s Cost Estimate (ECE). Streets (including striping, signing, lights, and landscaping), sewer, and storm drain improvements shall have individual and separate security.

125. PRIOR TO MAP RECORDATION: Monuments shall be provided in accordance with Section 8771 of the Business and Professions Code. Cross-ties shall be set in top of curbs and tie sheets shall be submitted to the Public Works Department. Per the Subdivision Map Act, Section 66496, internal monuments may be set at a later date if the applicant furnishes security guaranteeing the payment of the cost of setting such monuments.

126. PRIOR TO MAP RECORDATION: The Applicant shall comply with Government Code Section 66436(a)(3) before approval of the final map and shall provide “no objection” letters from all public entities or utilities to the satisfaction of the City Engineer.

127. PRIOR TO MAP RECORDATION: The applicant shall provide an easement to, over and across all private water quality, stormwater and drainage basins, to be dedicated to the City, for ingress, egress and right to inspect unless otherwise directed by the City Engineer. The City will not maintain any water quality or basin feature.

128. PRIOR TO FINAL MAP RECORDATION: The applicant shall show all right-of-way dedications necessary for the construction of all streets, on the Final Map or per separate instrument, unless otherwise approved by the City Engineer, including but not limited to:

a. Xenia Avenue is classified a Major Highway (100’) per City of Beaumont General Plan (2040), Circulation element. The applicant shall dedicate all additional right-of- way necessary to achieve the required 50-feet half-width right-of-way, as measured perpendicular to the centerline of record.
b. The applicant shall dedicate on the final map, all right-of-way necessary for the

PP2022-0427, PM2022-0010 & ENV2022-0021
Draft Conditions of Approval

public use of curb ramps at the main entrance.
c. Eighth Avenue is classified a Major Highway (100’) per City of Beaumont General Plan (2040), Circulation element. The applicant shall dedicate all additional right-of- way necessary to achieve the required 50-feet half-width right-of-way, as measured perpendicular to the centerline of record.
d. The applicant shall dedicate on the final map, all easements necessary for the installation of the backbone utilities as generally shown on the approve tentative map.

129. PRIOR TO ISSUANCE OF AN ENCROACHMENT PERMIT: The Applicant, at its sole expense, shall obtain all right-of-way or easement acquisitions necessary to implement any portion or condition of this project, including public improvements; off- site grading & construction; offsite street requirements; offsite sewer requirements; storm drain improvements; or any other requirement or condition.

MITIGATION MEASURES

BIOLOGICAL RESOURCES

130. BIO-1: Burrowing Owl Pre-Construction Surveys and Avoidance: The Project Area was determined to be suitable for burrowing owl due to the presence of suitable habitat and recent records of the species that have been recorded near the Project Site. Prior to ground disturbing activities, a qualified wildlife biologist (i.e., a wildlife biologist with previous burrowing owl survey experience) shall conduct pre-construction surveys of the Project Site, plus a 500-foot buffer, to locate active breeding or wintering burrowing owls and burrowing owl burrows between 30 and 14 days prior to construction. The survey methodology will be consistent with the methods outlined in the CDFW Staff Report on Burrowing Owl Mitigation (CDFG 2012) and will consist of walking parallel transects 20 – 60 feet apart, adjusting for vegetation height and density as needed, and noting any potential burrows with fresh burrowing owl sign or presence of burrowing.

A qualified biologist shall conduct an additional pre-construction survey of the Project Site plus an approximately 500-foot buffer no more than 24-hours prior to the start of ground disturbing activities associated with construction activities to identify any additional burrowing owls or burrows necessitating avoidance, minimization, or

PP2022-0427, PM2022-0010 & ENV2022-0021
Draft Conditions of Approval

mitigation measures. The results of the survey should be submitted to the City and CDFW within five days of survey completion.

If no burrowing owls are observed during the survey, Project site preparation and construction activities may begin, and no further action is necessary. If burrowing owls are found to be present, then avoidance or minimization measures shall be undertaken in consultation with the City and CDFW. CDFW shall be sent written notification within 48 hours of detection of burrowing owls. If active burrowing owl burrows are detected, the Project Applicant shall not commence activities until no sign is present that the burrows are being used by adult or juvenile owls or following CDFW approval of a Burrowing Owl Plan as described below. If owl presence is difficult to determine, a qualified biologist shall monitor the burrows with motion-activated trail cameras for at least 24 hours to evaluate burrow occupancy. The onsite qualified biologist will verify the nesting effort has finished according to methods identified in the Burrowing Owl Plan.

The Burrowing Owl Plan shall be prepared in accordance with guidelines in the CDFG Staff Report on Burrowing Owl (March 2012) and MSHCP. The qualified biologist and Project Applicant shall coordinate with the City, CDFW, and USFWS to develop a Burrowing Owl Plan to be approved by the City, CDFW, and USFWS prior to commencing Project activities. The Burrowing Owl Plan shall describe proposed avoidance, relocation, monitoring, minimization, and/or mitigation actions. The Burrowing Owl Plan shall include the number and location of occupied burrow sites and details on proposed buffers if avoiding the burrowing owls or information on the adjacent or nearby suitable habitat available to owls for relocation. If no suitable habitat is available nearby for relocation, details regarding the creation and funding of artificial burrows (numbers, location, and type of burrows) and management activities for relocated owls shall also be included in the Burrowing Owl Plan. The City and Project Applicant shall implement the Burrowing Owl Plan following CDFW and USFWS review and approval.

If burrowing owls are observed within Project site during Project implementation and construction, the Project Applicant shall notify CDFW immediately in writing within 48 hours of detection. A Burrowing Owl Plan shall be submitted to CDFW for review and approval within two weeks of detection and no Project activity shall continue within 1,000 feet of the burrowing owls until CDFW approves the Burrowing Owl Plan. The City and the Project Applicant shall be responsible for implementing appropriate

PP2022-0427, PM2022-0010 & ENV2022-0021
Draft Conditions of Approval

avoidance and mitigation measures, including burrow avoidance, passive or active relocation, or other appropriate mitigation measures as identified in the Burrowing Owl Plan.

If ground-disturbing activities occur but the Project Site is left undisturbed for more than 30 days, a preconstruction survey for burrowing owl shall be conducted and reported to CDFW as described above. If a burrowing owl is found, the same coordination described above shall be necessary.

A final letter report shall be prepared by the qualified biologist documenting the results of the passive relocation. The letter shall be submitted to CDFW prior to the start of Project activities.

131. BIO-2: Biological Monitoring: A qualified biologist shall be present to monitor all initial ground disturbing and vegetation-clearing activities conducted for the Project.

During each monitoring day, the biological monitor shall perform clearance survey “sweeps” at the start of each workday that vegetation clearing takes place to minimize impacts on special-status species with potential to occur. The monitor will be responsible for ensuring that impacts to special-status species, nesting birds, and active nests will be avoided to the greatest extent possible. Biological monitoring shall take place until the Project Site has been completely cleared of any vegetation. If an active nest is identified, the biological monitor shall establish an appropriate disturbance limit buffer around the nest using flagging or staking. Construction activities shall not occur within any disturbance limit buffer zones until the nest is deemed no longer active by the biologist. If special-status wildlife species are detected during biological monitoring activities, then consultation with the USFWS and/or CDFW shall be conducted, and a mitigation plan shall be developed to avoid and offset impacts to these species. Mitigation measures may consist of work restrictions or additional biological monitoring activities after ground-disturbing activities are complete.

132. BIO-3: Pre-construction Survey for Nesting Birds: Regardless of the time of year, the Project Applicant shall ensure a nesting bird survey is completed prior to the start of any development activities (such as ground disturbance, construction activities, and/or removal of trees and vegetation) within the Project Site. This will avoid violations of the MBTA and California Fish and Game Code Sections 3503, 3503.5, and 3513. The pre-construction nesting bird survey shall include the Project Site and

PP2022-0427, PM2022-0010 & ENV2022-0021
Draft Conditions of Approval

adjacent areas where Project activities have the potential to cause nest failure. The survey results shall be provided to the City’s Planning Department. The Project Applicant shall adhere to the following:

Applicant shall designate a qualified biologist experienced in: identifying local and migratory bird species of special concern; conducting bird surveys using appropriate survey methodology; nesting surveying techniques, recognizing breeding and nesting behaviors, locating nests and breeding territories, and identifying nesting stages and nest success; determining/establishing appropriate avoidance and minimization measures; and monitoring the efficacy of implemented avoidance and minimization measures.

Pre-construction surveys shall be conducted at the appropriate time of day/night, during appropriate weather conditions, no more than 3 days prior to the initiation of Project activities. Surveys shall encompass all suitable areas including trees, shrubs, bare ground, burrows, cavities, and structures. Survey duration shall take into consideration the size of the Project Site; density, and complexity of the habitat; number of survey participants; survey techniques employed; and shall be sufficient to ensure the data collected is complete and accurate.

If no nesting birds are observed during the survey, Project Site preparation and construction activities may begin. If nesting birds (including nesting raptors) are found to be present, then avoidance or minimization measures shall be undertaken in consultation with the City and CDFW. Measures shall include immediate establishment of an appropriate buffer zone to be established by a qualified biologist, based on their best professional judgement and experience. The buffer around the nest shall be delineated and flagged, and no construction activity shall occur within the buffer area until a qualified biologist determines nesting species have fledged and the nest is no longer active, or the nest has failed. The qualified biologist shall monitor the nest at the onset of Project activities, and at the onset of any changes in such Project activities (e.g., increase in number or type of equipment, change in equipment usage, etc.) to determine the efficacy of the buffer. If the qualified biologist determines that such project activities may be causing an adverse reaction, the qualified biologist shall adjust the buffer accordingly or implement alternative avoidance and minimization measures, such as redirecting or rescheduling construction or erecting

PP2022-0427, PM2022-0010 & ENV2022-0021
Draft Conditions of Approval

sound barriers. All work within these buffers will be halted until the nesting effort is finished (i.e., the juveniles are surviving independent from the nest) or failed. The onsite qualified biologist will review and verify compliance with these nesting avoidance buffers and will verify the nesting effort has finished. Work can resume within these avoidance areas when no other active nests are found.

Upon completion of the survey and nesting bird monitoring, a report shall be prepared and submitted to the City for mitigation monitoring compliance record keeping.

CULTURAL RESOURCES

133. CUL-1: If subsurface deposits believed to be cultural or human in origin are discovered during construction, all work must halt within a 100-foot radius of the discovery. A qualified professional archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards for pre-contact and historic archaeologist, shall be retained to evaluate the significance of the find and shall have the authority to modify the no-work radius as appropriate, using professional judgment. The following notifications shall apply, depending on the nature of the find:

If the professional archaeologist determines that the find does not represent a cultural resource, work may resume immediately, and no agency notifications are required.

If the professional archaeologist determines that the find does represent a cultural resource from any time period or cultural affiliation, the archaeologist shall immediately notify the lead federal agency, the lead CEQA agency, and landowner. The agencies shall consult on a finding of eligibility and implement appropriate treatment measures, if the find is determined to be a Historical Resource under CEQA, is defined in Section 15064.5(a) of the CEQA Guidelines or a historic property under Section 106 of the National Historic Preservation Act (NHPA), if applicable. Work may not resume within the no-work radius until the lead agencies, through consultation as appropriate, determine that the site either: 1) is not a Historical Resource under CEQA or a Historic Property under Section 106; or 2) that the treatment measures have been completed to their satisfaction.

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Draft Conditions of Approval

If the find includes human remains, or remains that are potentially human, they shall ensure reasonable protection measures are taken to protect the discovery from disturbance (AB 2641) by maintaining at least 50 feet of buffer in all directions. The archaeologist shall notify the County Coroner (per Section 7050.5 of the Health and Safety Code). The provisions of Section 7050.5 of the California Health and Safety Code, Section 5097.98 of the California PRC, and AB 2641 will be implemented. If the Coroner determines the remains are Native American and not the result of a crime scene, the Coroner will notify the NAHC, which then will designate a Native American Most Likely Descendant (MLD) for the Project (Section 5097.98 of the PRC). The designated MLD will have 48 hours from the time access to the property is granted to make recommendations concerning treatment of the remains. If the landowner does not agree with the recommendations of the MLD, the NAHC can mediate (Section 5097.94 of the PRC). If no agreement is reached, the landowner must rebury the remains where they will not be further disturbed (Section 5097.98 of the PRC). This will also include either recording the site with the NAHC or the appropriate Information Center; using an open space or conservation zoning designation or easement; or recording a reinternment document with the county in which the property is located (AB 2641). Work may not resume within the no-work radius until the lead agencies, through consultation as appropriate, determine that the treatment measures have been completed to their satisfaction.

134. CUL-2: At the onset of construction, a Worker Environmental Awareness Program (WEAP) will be developed by the qualified professional archaeologist. A qualified professional archaeologist with experience with sensitive cultural resources in the region will present the WEAP to all personnel working in the Project Area (either temporarily or permanently) prior to the start of project activities. The WEAP may be videorecorded and used to train newly hired workers or those not present for the initial WEAP. The WEAP could include but will not be limited to: discussions of the sensitive cultural resources associated with the project, project-specific measures to avoid or eliminate impacts to these resources, consequences for not complying with project permits and agreements, and contact information for the lead archaeologist. Logs of personnel who have taken the training will be kept on the site at the construction or project office.

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Draft Conditions of Approval

GEOLOGY AND SOILS

135. GEO-1: The Project Applicant shall implement the Conclusions and Recommendations as listed in the final site-specific geotechnical report (Updated Geotechnical and Infiltration Evaluation for Proposed Multi-Family Residential Development: Xenia Apartment Project East of Xenia Avenue and about 200 Feet South of East 8th Street Beaumont, Riverside County, California, GeoTek 2022) or most recent site-specific geotechnical evaluation.

136. GEO-2: A qualified paleontological professional, as defined by the Society of Vertebrate Paleontology (2010) standards, will be retained by the Contractor. The qualified paleontological professional will draft the PRMP outlining protocols to be implemented during ground disturbance in case of discoveries. This mitigation and monitoring program shall be in place prior to any ground disturbance, based on the Western Science Center’s findings and recommendations. The qualified paleontological professional will be present to monitor during ground disturbance activities to ensure the protection of paleontological resources, if any. If paleontological resources are discovered during construction, all work must halt within a 100-foot radius of the discovery. The on-site qualified paleontological professional shall notify the contractor and Project Applicant. They shall evaluate the significance of the find and shall have the authority to modify the no-work radius as appropriate, using professional judgement. The qualified paleontological professional will evaluate the significance of the find and recommend appropriate measures for the disposition of the site (e.g., fossil recovery, curation, data recovery, and/or monitoring).

Construction activities may continue on other parts of the construction site while evaluation and treatment of the paleontological resource takes place.

TRIBAL CULTURAL RESOURCES

137. TCR-1: Unanticipated Discovery of Tribal Cultural Resources. If potential TCRs are discovered during ground disturbing construction activities, all work shall cease within 100 feet of the find. A Native American Representative from traditionally and culturally affiliated Native American Tribes shall be immediately contacted and invited to assess the significance of the find and make recommendations for further evaluation and treatment, as necessary. If deemed necessary by the City, a qualified

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Draft Conditions of Approval

cultural resources specialist meeting the Secretary of Interior’s Standards and Qualifications for Archaeology, may also assess the significance of the find in joint consultation with Native American Representatives to ensure that Tribal values are considered. Work at the discovery location cannot resume until the City, in consultation as appropriate and in good faith, determines that the discovery is either not a TCR, or has been subjected to treatment directed by the City.

PLANNING COMMISSION ADDED ON OCTOBER 25, 2023
138. Prior to the issuance of the landscaping permit, lighting in the outdoor fitness area shall be provided by the applicant and shall not exceed the height of the walls surrounding the outdoor fitness area.

End of Conditions

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26002600
2 6
0 0
2 6
0 0
2605
2605
2605
2605
2605
2 6
0 5
2605
2605
2600
2600
26 0
0 26
0 0
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2605
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2605
2605
26002600
2605
2605
2 6
0 0
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2610
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5 2597.9
2598.2
2599.5
2599.5
2599.5
2596.8
2597.7
2603.9
2598.3
2599.6
2600.3
2602.2
2600.9
2601.2
2600.9
2598.2
2598.6
2600.3
2600.4
2599.5
2601.2
2601.6
2602.2
2604.6
2604.9
2605.12605.8
2605.3
2602.6
2602.72603.6
2604.6 2602.5
2603.8
2601.2
2601.7
2602.7
2603.9
2605.1
2606.6
2607.4
2607.1
2608.3
2608.4
2605.4
2605.8
2603.8
2605.6
2603.3
2606.32606.82607.42607.7
2608.1 2607.6 2606.6
2604.7
2601.8
2603.1
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2601.4
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2602.2
2602.8
2604.7
2603.7
2601.6
2601.8
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2602.4
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2603.4
2604.6
2602.5
2602.2
2603.1
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2605.4
2605.6
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2602.1
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2604.3
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2607.7
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2606.2
2607.1
2606.3
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2608.8
2608.4
2606.4
2608.7
2608.2
2608.5
2606.1
2606.7
2606.4
2603.8
2602.3
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Ground Obscured
Ground Obscured
Ground Obscured
Ground Obscured
Ground Obscured
Ground Obscured
Ground ObscuredGround Obscured
Ground Obscured
Ground Obscured
Ground Obscured
Dense Brush Dense BrushDense Brush
Dense Brush
Dense Brush
Dense BrushDense Brush PilesPiles
XE
N
I
A

A
V
E
N
U
E
8TH STREET
EX
I
S
T
.

B
U
I
L
D
I
N
G
BLDG 1
BLDG 2
BLDG 16 BLDG 15
BLDG 13
BLDG 14
BLDG 12
BLDG 11
BLDG 9
BLDG 10
BLDG 8
BLDG 7BLDG 6BLDG 5BLDG 4BLDG 3
Pool
CO
M
M
O
N

B
L
D
G
.

1 7
SPA
EQ
U
I
P
PARCEL "A"
LLA NO. 04-LLA-06
REC. 8/9/04, INSTR., #2004-0619534, O.R.PORTION LOT 4
M.B. 9/10
PORTION LOT 6
M.B. 9/10 PORTION LOT 6
M.B. 9/10
TR
A
C
T

N
0 .

3 4
1 2
4 M.

B
.

4 2
2 /
1 2
-
1 4
PO
R
T
I
O
N

L
O
T

7 M.

B
.

9 /
1 0
PORTION LOT 5
M.B. 9/10
PORTION LOT 3
M.B. 9/10
PARCEL MAP 21136
P.M. 138/33
PARCEL 2 PARCEL 3 PARCEL 4
OU
T
D
O
O
R

F
I
T
N
E
S
S

A
R
E
A
X
X
X
◊◊
◊
◊

CONCEPTUAL GRADING PLAN
SP2 & Co.

VICINITY MAP
SITE

BEAUMONT LAND PARTNERS, LLC
TYPICAL IMPROVEMENT PLAN NOTES:

SHEET 1 OF 1 SHEETS
GENERAL MAP NOTES:

RECORDED EASEMENT NOTES

LEGAL DESCRIPTION

FLOOD ZONE DESIGNATION
LEGEND

PUBLIC SERVICE/UTILITY PURVEYORS
SETBACK CRITERIA (*)

IN THE CITY OF BEAUMONT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA (CASE# PP2022-0427)

BASIS OF BEARINGS
BENCHMARK:
8TH STREET- SECONDARY AXENIA AVENUE - MAJOR HIGHWAY
EX
I
S
T
.

B
U
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D
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G
EX
I
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T
.

B
U
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G
XX
SECTION "B"
SECTION "A"
A-C-A-
B-
SECTION "C"
D-D-E-
SECTION "D"
SECTION "E"
SECTION "F"
F-
TENTATIVE PARCEL MAP 38233

PROPOSED DEDICATION NOTES
8TH STREET
DETAIL "A"

s
BLDG 2
Pool
Mail
Kiosk
CO
M
M
O
N
BL
D
G
.

1 7
SPA

BUBBLING POT WATER FEATURE

FIREPLACE

SEATWALLBARBECUE

BARBECUE

DECORATIVE
PAVING

DECORATIVE
WALL

FIRE TABLE

DECORATIVE PAVING

ACCENT PLANTING

ACCENT PLANTING

ACCENT PLANTING

DECORATIVE
PAVING
XE
N
I
A

A
V
E
N
U
E
P=605.3
FF=606.0
P=607.0
FF=607.7
S
W S
W S
W W
5 7
6c
1 4
7 8c
9 EV EV EV EV EV EV

BEAUMONT LAND PARTNERS, LLC

XENIA APARTMENTS

PRELIMINARY ENTRY AND POOL AREA PLAN
NORTH 0 10'20'40'

FH
DOG
PARK
Maint
shed

PET WASTE STATION
BENCH DECORATIVE FIRE HYDRANT (TYP.)

TUBULAR STEEL FENCE
BOULDER (TYP.)
W
W
9 12
10 5c
4 1
EV
EV
EV
EV
EV
EV
COBBLE
ROCK
SWALE

BEAUMONT LAND PARTNERS, LLC

XENIA APARTMENTS

PRELIMINARY DOG PARK AREA PLAN
NORTH 0 10'20'40'

s
FH
s
s
s
s
FH
s
V
2 6
0 0
2605
2605
2610
2605
2610
2 6
0 5
26102610
2600
2 6
1 0
BLDG 1
BLDG 2
BLDG 16 BLDG 15
BLDG 13
BLDG 14
BLDG 12
BLDG 11
BLDG 9
BLDG 10
BLDG 8
BLDG 7BLDG 6BLDG 5BLDG 4BLDG 3
Pool
Mail
Kiosk DOG
PARK
CO
M
M
O
N
BL
D
G
.

1 7
Maint
shed
SPA

BARBECUE

FIRETROUGH

FIRETROUGH

BENCH DECORATIVE

FIRE HYDRANT

PET WASTE

STATION
BOULDER (TYP.)

TUBULAR
STEEL
FENCE
XE
N
I
A

A
V
E
N
U
E

EIGHTH STREET
EXIT
DRIVE
P=605.8
FF=606.5
BASIN BTM=597.5
2:1
4:1
P=605.8
FF=606.5
P=602.8
FF=606.5
P=605.3
FF=606.0
P=607.0
FF=607.7
600 599
601 602 603 604
600
602
604
601
603
605
PARCEL "A"
LLA NO. 04-LLA-06
REC. 8/9/04, INSTR., #2004-0619534, O.R.PORTION LOT 4
M.B. 9/10
PORTION LOT 6
M.B. 9/10
PORTION LOT 6
M.B. 9/10
TR
A
C
T

N
0 .

3 4
1 2
4 M.

B
.

4 2
2 /
1 2
-
1 4
PORTION LOT 5
M.B. 9/10
PORTION LOT 3
M.B. 9/10
PARCEL MAP 21136
P.M. 138/33
PARCEL 2 PARCEL 3 PARCEL 4
W
S
SD
FF=606.3
P=605.6
FF=606.5
P=605.7
60 0
60 5
P=604.8
FF=605.5
241.46'
P=606.0
FF=606.7
FF=606.3
P=605.5
P=605.7
FF=606.5
W
S

SDSDSDSD
W
S
W
S
W
S
P=605.8
FF=606.5
W
S

W W W W W
W
W
W
P=606.3
FF=607.0
P=605.8
FF=606.5
W
W
W
W
W
SD
SDW
SDW
1%
P=605.8
FF=606.5
P=605.8
FF=606.5

DRAINAGE BASIN
W
S
S
S S
S
W S
W W
SD
SD

SDSDSDSD
SD
SD
SD
SD SD
SD
SD
SD
S
D
SD
SD
(EXTENSION DETENTION BASIN PER RCFC&WCD BMP MANUAL)
598
60 0
597
598
4:
1 2:
1 12 6 3 12 5 6c
7 7 4
8 9
12 10
10 911
1 7 2
3 5
7 4
6c
6c
6c
5c
5 6c56c6c6c5
3 6c
1 4
82 7 2
6c
6c
5C
10 5c
4 11
4 7
8c
5 3
10 6c
218c
5C
compact
5 8c
2 1
compact 4 6c
12 compact
9 EV EV EV EV EV EV

EV EV EV EV EV EV

EV EV EV EV EV EVEVEVEVEVEVEV

EV EV EV EV EV EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
PLANTING PALETTE:

SIZE / SPACINGCOMMON NAMEBOTANIC NAME WUCOLS
24" BOX
24" BOXAFGHAN PINE

MAIDENHAIR TREE

STREET/PARKING LOT TREES

GINKGO BILOBA

PINUS ELDARICA
MOD.

LOW
24" BOXCHINESE FLAME TREEKOELREUTERIA BIPINNATA MOD.
24" BOXHOLLY OAKQUERCUS ILEX LOW
15 GALCALIFORNIA SYCAMORE

WATER QUALITY/SHADE TREES
PLATANUS RACEMOSA MOD.
15 GALCHINESE EVERGREEN ELMULMUS PARVIFOLIA 'TRUE GREEN'MOD. 15 GALYELLOW WILLOWSALIX LUCIDA SSP. LASIANDRA MOD.

LARGE ACCENT TREES
24" BOXCHINESE FLAME TREEKOELTREUTERIA BIPINNATA MOD.
24" BOX LOW
24" BOXPURPLE ROBE BLACK LOCUSTROBINIA PSEUDOACACIA 'PURPLE ROBE'LOW

SMALL ACCENT TREES
36" BOXSTRAWBERRY TREEARBUTUS UNEDO LOW
36" BOXWESTERN REDBUDCERCIS OCCIDENTALIS LOW
36" BOXBLUE ELDERBERRYSAMBUCUS NIGRA SSP. CAERULEA LOW
PLANTING PALETTE:

SIZE / SPACINGCOMMON NAMEBOTANIC NAME WUCOLS

SITE TREES
15 GALPAPERBARK TREEMELALEUCA QUINQUENERVIA MOD.
15 GALCANARY ISLAND PINEPINUS CANARIENSIS MOD.

DESERT MUSEUM PALO VERDECERCIDIUM 'DESERT MUSEUM'
15 GALBRISBANE BOXLOPHOSTEMON CONFERTA MOD.
1 GAL @ 48" O.C.CISTUS PURPUREUS ORCHID ROCKROSE
5 GAL @ 48" O.C.CALLIANDRA CALIFORNICA BAJA FAIRY DUSTER 1 GAL @ 48" O.C.
1 GAL @ 60" O.C.

MAGENTA ROCKROSE

TRAILING INDIGO BUSH

SHRUBS / GROUNDCOVERS

ACCENT AREAS

CISTUS PULVERULENTUS

DALEA GREGGII
LOW
LOW
LOW
LOW
5 GAL @ 96" O.C.RHUS OVATA SUGARBUSH LOW
DWARF COYOTE BUSH 1 GAL @ 72" O.C.BACCHARIS 'TWIN PEAKS'LOW 1 GAL @ 42" O.C.REGAL MIST PINK MUHLYMUHLENBERGIA CAPILLARIS 'REGAL MIST'LOW 5 GAL @ 42" O.C.VARIEGATED SMOOTH AGAVEAGAVE DESMETTIANA 'VARIEGATA'LOW 1 GAL @ 30" O.C.GROUND MORNING GLORYCONVOLVULUS SABATIUS LOW 1 GAL @ 18" O.C.BLUE GLOW AGAVEAGAVE 'BLUE GLOW'LOW
5 GAL @ 48" O.C.RED YUCCAHESPERALOE PARVIFLORA LOW
1 GAL @ 72" O.C.SALVIA 'BEE'S BLISS'CREEPING SAGE LOW
1 GAL @ 72" O.C.ROSMARINUS 'HUNTINGTON CARPET'DWARF ROSEMARY LOW 24" BOXCHINESE EVERGREEN ELMULMUS PARVIFOLIA 'TRUE GREEN'MOD.

PLANTING PALETTE:

SIZE / SPACINGCOMMON NAMEBOTANIC NAME WUCOLS

PARKWAYS

WQMP AREAS
5 GAL @ 48" O.C.CALLIANDRA CALIFORNICA BAJA FAIRY DUSTER 5 GAL @ 72" O.C.ARBUTUS UNEDO 'COMPACTA'DWARF STRAWBERRY TREE LOW
LOW
DWARF COYOTE BUSH 1 GAL @ 72" O.C.BACCHARIS 'TWIN PEAKS'LOW 1 GAL @ 72" O.C.SALVIA 'BEE'S BLISS'CREEPING SAGE LOW
1 GAL @ 72" O.C.ROSMARINUS 'HUNTINGTON CARPET'DWARF ROSEMARY LOW

GROUNDCOVER

HYDROSEEDED TURF TURF BANDERA BERMUDA OR APPROVED EQUAL HIGH KANGAROO PAW 1 GAL @ 30" O.C.ANIGOZANTHOS SP.LOW
FOXTAIL FERN 1 GAL @ 30" O.C.ASPARAGUS DENSIFLORUS 'MYERS'MOD.

GOLDEN GODDESS BAMBOO 5 GAL @ 72" O.C.BAMBUSA MULTIPLEX 'GOLDEN GODDESS'MOD. 1 GAL @ 42" O.C.HEAVENLY BAMBOONANDINA SP.MOD.
5 GAL @ 48" O.C.VARIEGATED MOCK ORANGEPITTOSPORUM TOBIRA 'VAREIGATA'MOD. 5 GAL @ 60" O.C.SHRUBBY YEW PINEPODOCARPUS MACROPHYLLUS 'MAKI'MOD. 1 GAL @ 18" O.C.LILYTURFLIRIOPE MUSCARI 'SILVERY SUNPROOF'LOW 5 GAL @ 72" O.C.TECOMA X 'ORANGE JUBILEE'ORANGE JUBILEE TRUMPET FLOWER LOW 1 GAL @ 30" O.C.DWARF PINK KANGAROO PAWANIGOZANTHOS 'PINK JOEY'LOW 1 GAL @ 36" O.C.HIDCOTE ENGLISH LAVENDERLAVANDULA ANGUSTIFOLIA 'HIDCOTE'LOW 4" POTS @ 36" O.C.CALIFORNIA GRAY RUSHJUNCUS PATENS LOW 1 GAL @ 48" O.C.DEER GRASSMUHLENBERGIA RIGENS MOD.

FLATS @ 18" O.C.CALIFORNIA FIELD SEDGECAREX PRAEGRACILIS LOW 1 GAL @ 48" O.C.CANYON PRINCE WILD RYELEYMUS CONDENSATUS 'CANYON PRINCE'LOW

HYDROSEEDBASIN NATIVE HYDROSEED MIX LOW
1 GAL @ 8' O.C.DWARF COYOTE BUSHBACCHARIS PILULARIS 'PIGEON POINT'LOW 1 GAL @ 8' O.C.LITTLE SUR MANZANITAARCTOSTAPHYLOS EDMUNSII LOW MOD.S & S SEED CO.

ACHILLEA MILLEFOLIUM

BOUTELOUA GRACILIS

CAREX PANSA

CAREX PRAEGRACILIS

7.0 lbs/1,000 S.F.

2.0 lbs/1,000 S.F.

3.0 lbs/1,000 S.F.

1.0 lbs/1,000 S.F.

MEADOW HYDROSEED MIX

1.0 lbs/1,000 S.F.

YARROW

BLUE GRAMA

SAND DUNE SEDGE

CLUSTERED FIELD SEDGE
3" MINIMUM DEPTH STABILIZED DECOMPOSED GRANITE

BEAUMONT LAND PARTNERS, LLC

XENIA APARTMENTS

PRELIMINARY LANDSCAPE PLAN
NORTH 0 40'80'160'

WILSON ST
8TH ST

RAMSEY ST
AL
L
E
G
H
E
N
Y

A
V
E
6TH ST
6TH ST 6TH ST
6TH ST
8TH ST8TH ST
XE
N
I
A

A
V
E
XE
N
I
A

A
V
E
6TH ST
6TH ST 6TH ST
6TH ST
Xenia Apartments General Plan Land Use Designation Map
Maxar
General Plan
Single Family Residential
Downtown Mixed Use
Public Facilities
City Boundary
Street Labels
Minor Streets
10/17/2023, 8:00:45 PM 0 0.06 0.120.03 mi
0 0.1 0.20.05 km
1:4,514
City of Beaumont
Maxar | RCIT GIS, LAFCO | RCIT | Riverside County Assessor / RCIT |

WILSON ST
8TH ST

RAMSEY ST
AL
L
E
G
H
E
N
Y

A
V
E
6TH ST
6TH ST 6TH ST
6TH ST
8TH ST8TH ST
XE
N
I
A

A
V
E
XE
N
I
A

A
V
E
6TH ST
6TH ST 6TH ST
6TH ST
Xenia Apartments Zoning Map
Maxar
Zoning
Specific Plan
Residential Single Family
Downtown Residential Multifamily
Sixth Street Mixed Use - Residential
Sixth Street Mixed Use
Local Commercial
City Boundary
Street Labels
10/17/2023, 7:57:58 PM 0 0.06 0.120.03 mi
0 0.1 0.20.05 km
1:4,514
City of Beaumont
Maxar | RCIT GIS, LAFCO | RCIT | Riverside County Assessor / RCIT |

*IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS
Legend
Xenia Apartments Aerial Photograph
Notes
REPORT PRINTED ON...10/17/2023 8:23:01 PM
0 1,180590 Feet
County Boundary
City Boundaries
Parcels, Public
County Centerline Names
County Centerlines
Blueline Streams
City Areas
World Street Map

Xenia Apartments - Page 1 of 2
See Proof on Next Page
The Press-Enterprise
3512 14 Street
Riverside, California 92501
(951) 368-9229
City of Beaumont
550 E. 6th Street
Beaumont, California 92223
Publication: The Press-Enterprise

PROOF OF PUBLICATION OF
Ad Desc: 0011623272
FILE NO. 0011623272

PROOF OF PUBLICATION
I am a citizen of the United States. I am over the age of eighteen years and not party to or interested in the above- entitled matter. I am an authorized representative of THE PRESS-ENTERPRISE, a newspaper of general circulation,
printed and published daily in the County of Riverside, and which newspaper has been adjudicated a newspaper of
general circulation by the Superior Court of the County of Riverside, State of California, under date of April 25, 1952, Case Number 54446, under date of March 29, 1957, Case
Number 65673, under date of August 25, 1995, Case Number 267864, and under date of September 16, 2013, Case Number RIC 1309013; that the notice, of which the annexed is a printed copy, has been published in said newspaper in
accordance with the instructions of the person(s) requesting publication, and not in any supplement thereof on the following dates, to wit:
09/13/2023
I certify (or declare) under the penalty of perjury that the foregoing is true and correct.

Date: September 13, 2023.

At: Riverside, California
______________________________
Signature

Xenia Apartments - Page 2 of 2

Sites Inventory and Methodology City of Beaumont | B-11 Figure B-1: 6th Cycle Housing Element Site Inventory Map by Income Category

California Levine Act Statement
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any Beaumont City Council Member from participating in any action related to a contract or application if he or she receives any political contributions totaling more than $250 within the previous twelve months, and for three months following the date a final decision from the business or applicant.

The Levine Act also requires a member of the Beaumont City Council who has received such a contribution to disclose the contribution on the record of the proceeding.

Current Beaumont City Council Members are listed at:
https://www.beaumontca.gov/29/City-Council
Proposers are responsible for accessing this link to review the names prior to answering the following questions.

1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any Beaumont City Council Member in the 12 months preceding the date of the submission of your proposal or application, or the anticipated date of any Council action?
___ YES If yes, please identify the Council Member(s):
___ NO

2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any political contribution of more than $250 to any Beaumont City Council Member in the 12 months following any Council action related to your proposal or application? ___ YES If yes, please identify the Council Member(s):
___ NO
Answering yes to either of the two questions above does not preclude the Beaumont City Council from awarding a contract or approving an application or any subsequent action. It does however, preclude the identified Council Member(s) from participating in any actions related to your proposal or application.

_________________ _____________________________
Date Signature of authorized individual
_____________________________
Company/Applicant Name
City of Beaumont | 550 E. 6th Street, Beaumont, CA 92223 | (951) 769 -8520 | Beaumont CA.gov DocuSign Envelope ID: 72CEF66F-807D-42CB-AA17-8C04F371D94E XX
Beaumont Land Partners, LLC
11/1/2023
XX

Staff Report

TO: City Council
FROM: Kari Mendoza, Administrative Services Director
DATE November 7, 2023
SUBJECT: Public Hearing to Amend Sections 2.08.100 and 2.08.150 of the Beaumont Municipal Code Pertaining to Compensation of the City Council, City Treasurer and City Clerk Following the Adoption of Senate Bill 329

Description Staff was directed by City Council on October 3, 2023, to prepare a draft ordinance amending the salaries of members of the City Council, the City Treasurer and the City Clerk aligning with Senate Bill 329 and applicable law.

Background and Analysis:

City Council Members Salary
On August 16, 2011, City Council adopted Ordinance No. 999 which set the salary for members of the Council. As set forth in Beaumont Municipal Code section 2.08.100, members of the Council shall receive a salary of $400.00 per month. Further, the salary of Council members may be increased by ordinance or by an amendment in an amount up to 5% for each calendar year from the operative date of the last salary adjustment in effect. Council compensation was last adjusted on September 16, 2011, and the current monthly salary is $400.

On June 29, 2023, California Governor Gavin Newsom signed Senate Bill 329 (“SB 329”). SB 329 allows cities an opportunity to adjust City Council salaries to take into account inflation, the work performed as well as the time dedicated by local government officials, and the need to ensure that people are not discouraged from seeking city office due to the low pay and high demands of that office.

On October 3, 2023, the City Council received a report on SB 329 and relevant California law and impacts on compensation of Council members. At the conclusion of the City Council’s discussion, staff was directed by consensus to bring back an ordinance to codify the SB 329 compensation changes to effectuate the purposes of the bill and relevant State law.

Government Code section 36516(a), as adopted in 1984, set certain defined salary limits for City Council members in general law cities depending on the size of a city’s residential population. Pursuant to SB 329, the new base salary amount for Council members in Beaumont and all other cities of 50,000 to 75,000 population may be up to $1,600 per month. A full analysis of SB 329 is in the October 3, 2023, staff report attached hereto as Attachment “B”.

State Senator Bill Dodd, the author of SB 329, issued a statement that the new salary limits of Government Code section 36516(a) would reflect the important work done by City Council members, take into account the impacts of inflation and economic realities on those who serve as City Council members, and encourage more persons to consider service as Council members by making the compensation more reflective of the time and work being performed. In light of this and recognizing that under Government Code section 36516.5 no increase will go into effect until after the next City Council election, the City Council deemed it appropriate to bring forth an ordinance to increase City Council salaries to comport with new statewide limits. Staff will return every two years for consideration of any future adjustments bound by the existing formula set forth in Government Code section 36516, as allowed by state law and at the discretion of City Council.

City Clerk and City Treasurer Salary
On August 21, 2018, the City Council adopted Ordinance No. 1102 which set the salary for the City Treasurer and City Clerk. As set forth in Beaumont Municipal Code section

2.08.150, the City Treasurer and City Clerk shall receive a salary of $140.00 per month.

As stated on October 3, 2023, in the report received by the City Council, based on the duties of the City Treasurer and City Clerk as set forth in Beaumont Municipal Code sections 2.08.120 and 2.08.160, respectively, and the work performed and time dedicated by these elected officials, it is proper for City Council to consider a monthly salary up to the amount considered/set for Council members. The city attorney’s office has advised staff that it is fair and reasonable to consider a proportional increase to the City Clerk and City Treasures salaries to a competent level that a reasonable and qualified person would accept and therefore encourage participation.

In compliance with Government Code section 36516.5, the increase would go into effect upon the seating of those persons elected in the 2024 general election.

Fiscal Impact:

Future budgets will reflect the increase in City Council, City Treasurer and City Clerk salaries. The cost to prepare this staff report was $1,050.

Classification Current Monthly Salary Proposed Monthly Salary City Council $ 400.00 $ 1,600.00 City Treasurer $ 140.00 $ 560.00 City Clerk $ 140.00 $ 560.00

Recommended Action:

Hold a Public Hearing, and
Waive the full first reading and approve by title only, “An Ordinance of the City Council of the City of Beaumont, California, Amending Title 2, Chapter 2.08, Section

2.08.100 – ‘City Council—Salaries’ and Section 2.08.150 – ‘City Treasurer and City Clerk—Salaries’ of the Beaumont Municipal Code”.

Attachments:

A. Ordinance
B. October 3, 2023 Staff Report
C. Senate Bill 329 Text
D. Senate Bill 329 Floor Analysis
E. California Attorney General Opinion, 84 Ops. Cal. Atty. Gen. 13, January 24, 2001

1 ORDINANCE NO. ______________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2.08, SECTION 2.08.100 - “CITY COUNCIL—SALARIES” AND SECTION 2.08.150 - “CITY TREASURER AND CITY CLERK—SALARIES” OF THE

BEAUMONT MUNICIPAL CODE

WHEREAS, section 2.08.100 - “City Council—Salaries” permits Council members to receive compensation for their service, as provided by general law, in the base amount of $400 per month; and

WHEREAS, sections 36516 and 36516.5 of the California Government Code authorizes Council members to be paid a monthly salary for their service in accordance with those provisions; and

WHEREAS, section 2.08.150 - “City Treasurer and City Clerk—Salaries” authorizes the City Treasurer and City Clerk to receive compensation for their service in the base amount of $140 per month; and

WHEREAS, section 36517 of the California Government Code provides that the salaries of the City Treasurer and City Clerk shall be fixed by ordinance or resolution; and

WHEREAS, pursuant to section 2.08.100 of the Beaumont Municipal Code, the salary of Council members may be increased by ordinance or by an amendment, in an amount of up to 5% for each calendar year from the operative date of the last salary adjustment in effect when the ordinance or amendment was enacted ; and

WHEREAS, on June 29, 2023, the California Governor signed into law Senate Bill 329 regarding City Council compensation; and

WHEREAS, Senate Bill 329 was adopted to permit the adjustment of City Council salaries to reflect the important work done by City Council members, to take into account the impacts of inflation and economic realities on those who serve as City Council members, and to encourage more persons to consider service as Council members by making the compensation more reflective of the time and work being performed; furthermore, Senate Bill 329 provides new formulas for periodic adjustment to City Council salaries; and

WHEREAS, based on the duties of the City Treasurer and City Clerk as set forth in Beaumont Municipal Code sections 2.08.120 and 2.08.160, respectively, and the work performed and time dedicated by these elected officials, it is proper for City Council to consider a monthly salary up to the amount considered/set for Council members; and

WHEREAS, the City Council reviewed and discussed the purpose and impacts of Senate Bill 329 and relevant California law on the future governance of the City of Beaumont at its October __, 2023 meeting; and

WHEREAS, under Senate Bill 329, the salaries for the City Council of the City of Beaumont, and similarly, the salaries of the City Treasurer and City Clerk, may be set at $1,600 per month based on the City’s population; and

2 WHEREAS, pursuant to Government Code section 36516.5, elected officer salary increases set forth herein may take effect only when at least one member of the Council commences a new term.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY STATE OF CALIFORNIA AS FOLLOWS:

SECTION 1. CEQA. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environment Quality Act ("CEQA") pursuant to Section 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 1560(c)(3) (the activity is not project as defined in Section 15378) of the CEQA Guidelines, California Code Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 2 Severability. The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences or words of this Ordinance, and to this end the provisions, of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance enforced.

SECTION 3. The City Council hereby amends Section 2.08.100 - “City Council—Salaries” of the Beaumont Municipal Code as follows:

Pursuant to section 36516 of the Government Code of the State of California, each member of the City Council shall receive as salary the sum of One Thousand Six Hundred Dollars ($1,600) per month, with such adjustments as may be permitted from time to time by State law. Such salaries shall be payable at the same time and in the same manner as salaries are paid to other officers and employees of the City . A City Council member may waive any or all of the compensation. .

SECTION 4. The City Council hereby amends Section 2.08.150 - “City Treasurer and City Clerk—Salaries” of the Beaumont Municipal Code as follows:

The office holders of City Treasurer and City Clerk shall each receive a salary of $1,600.00 per month, to be paid at the same time and in the same manner as salaries are paid to other officers and employees of the City. The salary may be increased by ordinance or by amendment thereto, in an amount approved by City Council pursuant to Government Code Section § 36517.The City Treasurer and/or City Clerk may waive any or all of the compensation.

SECTION 5. Effective Date and Publication. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within 15 days after adoption in accordance with Government Code Section 36937.

NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Beaumont, California, approves this amendment to the Beaumont Municipal Code.

3 INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the ___ day of _______ 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on this___ day of _______ 2023.

AYES:

NOES:

ABSENT:

ABSTAIN:

__________________________________
Julio Martinez, III, Mayor

ATTEST: __________________________________
City Clerk

Approved as to form:

__________________________________
John O. Pinkney, City Attorney

Staff Report

TO: City Council
FROM: Kari Mendoza, Administrative Services Director
DATE October 3, 2023
SUBJECT: Discussion Regarding Amending Sections 2.08.100 and 2.08.150 of the Beaumont Municipal Code Pertaining to Compensation of the City Council, City Treasurer and City Clerk Following the Adoption of Senate Bill 329

Description Give staff direction regarding potential changes to the salaries of members of the City Council, the City Treasurer and the City Clerk through an ordinance aligning with Senate Bill 329 and applicable law.

Background and Analysis:

On August 16, 2011, City Council adopted Ordinance No. 999 which set the salary for members of the Council. As set forth in Beaumont Municipal Code section 2.08.100, members of the Council shall receive a salary of $400.00 per month. Further, the salary of Council members may be increased by ordinance or by an amendment in an amount up to 5% for each calendar year from the operative date of the last salary adjustment in effect. Council compensation was last adjusted on September 16, 2011, and the current monthly salary is $400.

On June 29, 2023, California Governor Gavin Newsom signed Senate Bill 329 (“SB 329”). SB 329 allows cities an opportunity to adjust City Council salaries to take into account inflation, the work performed and the time dedicated by local government officials, and the need to ensure that people are not discouraged from seeking city office due to the low pay and high demands of that office.

On August 21, 2018, the City Council adopted Ordinance No. 1102 which set the salary for the City Treasurer and City Clerk. As set forth in Beaumont Municipal Code section

2.08.150, the City Treasurer and City Clerk shall receive a salary of $140.00 per month.

Government Code section 36516(a), as adopted in 1984, set certain defined salary limits for City Council members in general law cities depending on the size of a city’s residential population. Government Code section 36516(c) allows for increases in Council compensation to be authorized by an ordinance or an amendment to an ordinance, but the amount of increase could not exceed an amount equal to five percent

(5%) for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment was enacted, no matter the amount of that prior adjustment.

State Senator Bill Dodd, the author of SB 329, stated (Attachment “B”):

City Councilmembers have one of the hardest jobs in California government. They deal with a wide range of issues, from street maintenance to emergency response duties.

And all too often, they do this job with very little financial compensation. No one runs for City Council in order to make money. But the low levels of pay make it much harder for them to balance their careers and personal obligations with the calling to serve their community. The Legislature has not raised the base pay amounts for City Councilmembers since 1984. It's time those amounts caught up to the present economic reality, especially with the rapid increase in inflation we've seen recently.

Raising the pay will also make it easier for members of marginalized communities to serve. City Councils should be reflective of the communities they represent, and I believe raising their compensation is an important step to achieving that equitable outcome.

Before the adoption of SB 329, Government Code section 36516 set the monthly salaries for Council members of cities having populations between 35,000 and 50,000 in an amount up to $400. The City of Beaumont adopted the $400 monthly salary based on the local population in 2011. According to the U.S. Census Bureau, the estimated population of Beaumont as of July 1, 2022, was 56,349. Now, under SB 329, the new base pay amount for members of Council in Beaumont and all other cities having populations between 50,000 and 75,000 may be in an amount up to $1,600 per month.

In addition, SB 329 provides that the salary may be adjusted in an amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10% for each calendar year. Instead of using the CPI, the salary may be adjusted in an amount equal to 5% for each calendar year from the operative date of the last adjustment of the salary (this amends current language in the Government Code).

SB 329 requires that an ordinance to increase Council member compensation (1) be considered in an open session, (2) be considered during at least two regular meetings. In addition, there must be at least 7 days between the introduction and adoption of the ordinance.

The effective date of SB 329 is January 1, 2024. However, please note that pursuant to Government Code section 36516.5, any Council salary increase may take effect only when at least one member of the Council commences a new term.

Application to the Salaries of the City Treasurer and City Clerk:

In 2001, the California Attorney General reviewed salaries of elected City Treasurers which analysis would arguably be applicable to elected City Clerks. (84 Ops. Cal. Atty.

Gen. 13; Attachment “C”.) In particular, the Attorney General considered if the amount of compensation for an elected city treasurer of a general law city could be set at the same amount received by members of the city council as prescribed by law. The Attorney General concluded that the amount of compensation for an elected city treasurer of a general law city could be set at the same amount received by members of the city council. The Attorney General stated, “A city council is not authorized to set the salary for a city office at so low a figure that no competent person would a ccept the office. Such a minimal amount would, in effect, abolish the office contrary to intent of the Legislature.” (Mitchell v. Walker, 140 Cal.App.2d 239, 243.)

Based on the duties of the City Treasurer and City Clerk as set forth in Beaumont Municipal Code sections 2.08.120 and 2.08.160, respectively, and the work performed and time dedicated by these elected officials, it is proper for City Council to consider a monthly salary up to the amount considered/set for Council members.

An ordinance adopted by Council should state that a Council member, City Treasurer or City Clerk may waive any or all of the compensation and would be effective after the City’s General Municipal Election in 2024.

In light of changes in State law (i.e., SB 329), this matter is being brought to the City Council for discussion and direction.

The City Council’s action to direct staff regarding the potential for a change to City Council, City Treasurer and City Clerk salaries is consistent with principles of fairness, among other things. According to Carolyn Coleman, CEO of the League of California Cities, “Cal Cities is proud to sponsor this important legislation that lessens barriers for those interested in governing at the local level. This overdue reform is another tool communities can choose to use that can help ensure our city councils are reflective of the residents who live, work, and play in their communities.” Fiscal Impact:

Future budgets would reflect any increase in City Council, City Treasurer and City Clerk salaries.

Classification Current Monthly Salary Proposed Monthly Salary City Council $ 400.00 $ 1,600.00 City Treasurer $ 140.00 $ 560.00 City Clerk $ 140.00 $ 560.00

Recommended Action:

Increase City Council salaries to $1,600.00 per month in accordance with SB 329.

Increase City Treasurer and City Clerk salaries proportionately to $560.00 per month.

Attachments:

A. Senate Bill 329 Text
B. Senate Bill 329 Floor Analysis
C. California Attorney General Opinion, 84 Ops. Cal. Atty. Gen. 13, January 24, 2001

Staff Report

TO: City Council
FROM: Nicole Wheelwright, Deputy City Clerk
DATE November 7, 2023
SUBJECT: Appointment to the Vacant Seats of the Beaumont Planning Commission

Description Consideration of applicants to the partial-term vacancies on the Planning Commission.

Background and Analysis:

Two (2) partial-term vacancies exists on the Beaumont Planning Commission due to the resignation of Commissioner Anthony Colindres and Commissioner Robert Tinker. A notice of vacancy was posted in the newspaper and on the City’s social media platforms. Ten (10) applications were received for consideration by City Council. The applicants are as follows:

Arvonda Diaz
Barbara Kwiatkowska-Amerton
Charles Bryant
Kyle Anders
Keith Tolbert
Mehrdad Damavandi
Mario Garai
Philip Southard
Ronald Roy
Victor Abdessian

The term for both appointments will be through December 2024.

Fiscal Impact:

City staff estimates the cost to prepare this report to be $175.

Recommended Action:

Conduct interviews and nomination process for selection of two Planning Commissioners with the partial term through December 2024.

Attachments:

A. Application - Arvonda Diaz
B. Application - Barbara Kwiatkowska-Amerton
C. Application - Charles Bryant
D. Application - Kyle Anders
E. Application - Keith Tolbert
F. Application - Mehrdad Damavandi
G. Application - Mario Garai
H. Application - Philip Southard
I. Application - Ronald Roy
J. Application - Victor Abdessian

From:[email protected]
To:Nicole Wheelwright
Subject:Online Form Submittal: Planning Commission Appointment 2023 - Partial Term ending Dec 2024 Date:Tuesday, October 31, 2023 3:29:42 PM
Planning Commission Appointment 2023 - Partial Term ending Dec 2024
City Council will consider appointments to the Planning Commission on November 7, 2023 at 6:00p.m. during the Regular City Council Meeting.

First Name Arvonda
Last Name Diaz
Primary Phone
Alternate Phone Field not completed.

Home Address Beaumont, CA 92223
Address 2 Field not completed.

Email
Occupation/Profession Occupational Therapist
Employer Name Field not completed.

Are you 18 years of
age or older?
Yes
Are you a resident in
the City of Beaumont?
Yes
Questions
Please answer the following questions which are intended to assist the City Council in assessing your qualifications and experience for the Planning Commission vacancy.

Are you aware of any
conflicts, financial or
otherwise, which could
affect your appointment
as a Planning
Commissioner?
At this time, I have no conflicts of interest, financially or otherwise.

Briefly state your
qualifications, including
By trade, I am an occupational therapist which is a healthcare field focused on assisting those with disabilities. One aspect of occupational therapy is accessibility, this includes improving

any skills or
background related to
City Planning,
development and
building/construction:
access to those with disability both within their home and community. When discussing City Planning, Development and overall building/construction it is important to remember that all citizens, regardless of ability should be able to access these amenities. My educational background and work experience has included assisting those with accessing services within the community. In addition, I have also completed coursework in OSHA 30, Technical Calculations and an Advance Construction Inspection course focusing on the electrical code
What would your vision
for Beaumont’s future?
As I watch Beaumont continue to grow as a city, I envision a community where the residents are proud to watch their city grow and develop. This vision includes a community which is known for excellent schools, adequate community services and job growth opportunities. In addition, I envision a city which is known for its abundance of community parks and outdoor recreational spaces.

If you were a Planning
Commission member
representing the
Beaumont Citizens,
how would you define
“quality of life”?
There is no one definition of “quality of life” rather a spectrum of visions based upon each individual. I believe that being part of the Planning Commission will allow me to provide insight into the typical Beaumont Citizen in regards to use of public spaces and availability of these spaces for community members. In addition, quality of life includes more than the physical environment but also social aspects and emotional aspects. Over the years in Beaumont, I have seen my own quality of life improve with the addition of new parks and walking trails within the community.

What involvement do
you currently have in
the community?
There are different types of community involvement both on the macro and micro level. I have been actively involved in the micro level, this includes assisting my neighbors with maintenance of their home and regularly attending community events. I hope that if given the opportunity to serve on this commission that I will be able to be involved on the macro level and provide a greater impact to this community.

Additional Information
Resume Diaz Arvonda Beaumont Resume.pdf
Additional Information Diaz Arvonda Beaumont Cover Letter.pdf Email not displaying correctly? View it in your browser.

Arvonda Diaz
Education
Creighton University, Omaha, Nebraska
Doctorate of Occupational Therapy
California State University Northridge, Northridge, California Bachelor of Arts in Liberal Studies
____________________________________________________________________________________ Certification and Licenses
California Board of Occupational Therapy June 2016 – Present National Board for Certification in Occupational Therapy (NBCOT) March 2015 -Present ___________________________________________________________________________________ Relevant Coursework
San Bernardino Valley College
Technical Calculations August 2022
Advance Construction Inspection: National Electrical Code (NEC) May 2021 Federal OSHA Outreach: Construction Industry Safety May 2020 ____________________________________________________________________________________ Occupational Therapy Employment
Professional Tutors of America (NPA School Agency)August 2023 – Present Occupational Therapist
Southern California (in home services)
Menifee Union School District Dec. 2019– January 2022
School Based Occupational Therapist
Menifee, California
Healthbridge Children’s Hospital Sept. 2017– Dec. 2019
Inpatient (Subacute and Rehab) Pediatric Occupational Therapist Orange, California

From:[email protected]
To:Nicole Wheelwright
Subject:Online Form Submittal: Planning Commission Appointment 2023 - Partial Term ending Dec 2024 Date:Tuesday, October 24, 2023 2:16:18 PM
Planning Commission Appointment 2023 - Partial Term ending Dec 2024
City Council will consider appointments to the Planning Commission on November 7, 2023 at 6:00p.m. during the Regular City Council Meeting.

First Name Barbara
Last Name Kwiatkowska-Amerton
Primary Phone
Alternate Phone Field not completed.

Home Address , Beaumont, CA 92223
Address 2 Field not completed.

Email
Occupation/Profession Ethnomusicologist
Employer Name Retired Professor / Teacher
Are you 18 years of
age or older?
Yes
Are you a resident in
the City of Beaumont?
Yes
Questions
Please answer the following questions which are intended to assist the City Council in assessing your qualifications and experience for the Planning Commission vacancy.

Are you aware of any
conflicts, financial or
otherwise, which could
affect your appointment
as a Planning
Commissioner?
No.

Briefly state your
qualifications, including
I am the Beaumont resident as of February 2010. I own my home at the Four Seasons at Beaumont Community. Throughout the yearsI have addressed the city/safety concerns to the City

any skills or
background related to
City Planning,
development and
building/construction:
management and the Mayor. My main concerns pertained to the unsafe road conditions which affect both drivers and pedestrians.

Some of my concerns were resolved but one has not, namely dilapidated North Highland Springs Avenue partition immediately next to the Freeway 10 - since the partition is immediately between Beaumont and Banning jurisdictions. I notified the City of Banning as well. I do not understand why this safety issue has not been resolved for the benefit of all road users.

The latter is an example of my concerns for the City safety and, yes, beauty. Beauty is one of the reasons that I purchased my home here after living in a high-rise at 10401 Wilshire Boulevard in Los Angeles, CA 90024 for 17 years, located within a short distance from my alma mater, the University of California at Los Angeles.

I am a doctor of ethnomusicology with over 40 years of teaching on all levels from kindergarten to graduate doctoral students here in California and at the Brandon University in Manitoba, Canada, and Chopin Music Academy in Warsaw, Poland. I taught
theoretical and practical music subjects as well as English Language to high school students. I am the California
Commission Credentialed Teacher. I am also a published scholar and presenter at the national and international professional conferences.

Since the inception of my residency here, the quality of life in Beaumont has been paramount in my daily life.

I believe that with the combination of my professionalism and my City concerns can be of asset to the entire community.

What would your vision
for Beaumont’s future?
With pride, for the past ten years I have been witnessing the housing and business developments in the City. It is my hope that the City will continue to grow yet, I would like to see the cultural developments, such as the concert / theater concert hall/complex for live music and performing arts performances of classics and modernity. Beaumont is on the cusp between Palm Springs and Riverside and it can become an equal cultural partner.

If you were a Planning
Commission member
representing the
Beaumont Citizens,
how would you define
We strive for a peaceful living enhanced with the cultural and sport events, whereas medical facilities provide superior care, and businesses reflect our community needs. and aspirations.

“quality of life”?
What involvement do
you currently have in
the community?
As I mentioned in the initial statement, I have been actively alerting the City management about the short and long term needs, focusing on improvement of roads and streets and their safety.

Additional Information
Resume Field not completed.

Additional Information Field not completed.

Email not displaying correctly? View it in your browser.

From:[email protected]
To:Nicole Wheelwright
Subject:Online Form Submittal: Planning Commission Appointment 2023 - Partial Term ending Dec 2024 Date:Wednesday, October 25, 2023 4:58:58 PM
Planning Commission Appointment 2023 - Partial Term ending Dec 2024
City Council will consider appointments to the Planning Commission on November 7, 2023 at 6:00p.m. during the Regular City Council Meeting.

First Name Charles
Last Name Bryant
Primary Phone
Alternate Phone Field not completed.

Home Address
Address 2 Field not completed.

Email
Occupation/Profession Retired
Employer Name Calfire
Are you 18 years of
age or older?
Yes
Are you a resident in
the City of Beaumont?
Yes
Questions
Please answer the following questions which are intended to assist the City Council in assessing your qualifications and experience for the Planning Commission vacancy.

Are you aware of any
conflicts, financial or
otherwise, which could
affect your appointment
as a Planning
Commissioner?
None
Briefly state your
qualifications, including
Having lived in the Beaumont and Cherry Valley area all my life I believe I have an insight to the growth progress the city has done and needs to keep up and achieve a good basis for a clean safe

any skills or
background related to
City Planning,
development and
building/construction:
living environment we all wish for. I worked for Cal Fire for 40yrs up to the rank of Captain in various fields including Station Captain, Hand Crew sup, Heli-tack Captain, and member of the County Fire Equipment committee. I all so supervised several projects such as building additions and remodels, vegetation management projects and fire defense plans/projects. On fires I have supervised and directed large amounts of equipment, personnel, and aircraft to achieve containment and control of that incident. Having done this with a common sense- organized approach to reach a good end result most of my life, I believe I could be a help to the committee.

What would your vision
for Beaumont’s future?
A city with a good balance of industry, support services, living conditions, and family activities services. A good all around town.

A town there there for the people not for developer.

If you were a Planning
Commission member
representing the
Beaumont Citizens,
how would you define
“quality of life”?
A town that is supportive of the people make a safe and welcoming environment as best we can.

What involvement do
you currently have in
the community?
Trying to be a good citizen supports what is going within the city.

Additional Information
Resume Field not completed.

Additional Information Field not completed.

Email not displaying correctly? View it in your browser.

From:[email protected]
To:Nicole Wheelwright
Subject:Online Form Submittal: Planning Commission Appointment 2023 - Partial Term ending Dec 2024 Date:Wednesday, October 25, 2023 11:14:12 AM
Planning Commission Appointment 2023 - Partial Term ending Dec 2024
City Council will consider appointments to the Planning Commission on November 7, 2023 at 6:00p.m. during the Regular City Council Meeting.

First Name Kyle
Last Name Anders
Primary Phone
Alternate Phone Field not completed.

Home Address
Address 2 Field not completed.

Email
Occupation/Profession Plumber
Employer Name None
Are you 18 years of
age or older?
Yes
Are you a resident in
the City of Beaumont?
Yes
Questions
Please answer the following questions which are intended to assist the City Council in assessing your qualifications and experience for the Planning Commission vacancy.

Are you aware of any
conflicts, financial or
otherwise, which could
affect your appointment
as a Planning
Commissioner?
I may get a job that will require me to work till 6.it is in town and close to the civic center. Will mean I would be 5 maybe 10 mins late to meeting. If I get the job.

Briefly state your
qualifications, including
I am a member of the Beaumont community and have been for a long time. I remember the high school moto big enough to serve, small enough to care. I think our town in the large add to our

any skills or
background related to
City Planning,
development and
building/construction:
population has lost sight of that. Would like to help return to that care as we grow.

What would your vision
for Beaumont’s future?
Responsible growth with care and services for our families, senior's, business and visitors.

If you were a Planning
Commission member
representing the
Beaumont Citizens,
how would you define
“quality of life”?
Our quality of life has sadly, in my opinion gone in the wrong direction. I would like to see something done to bring back our small town feel, address our homeless population, look into planing out our schools parking, drop off and pick ups. Add to our parks and open spaces. More community outreach. Revitalize our downtown.

What involvement do
you currently have in
the community?
I am a member of the CAST players board. I live and have kid who attended Beaumont school. I am deeply invested in our town and its well being. I see us heading to becoming a little Moreno Valley, when I would much rather be more a Calimesa, Yucaipa or Oak Glen feel.

Additional Information
Resume Field not completed.

Additional Information Field not completed.

Email not displaying correctly? View it in your browser.

From:[email protected]
To:Nicole Wheelwright
Subject:Online Form Submittal: Planning Commission Appointment 2023 - Partial Term ending Dec 2024 Date:Friday, October 20, 2023 10:24:55 PM
Planning Commission Appointment 2023 - Partial Term ending Dec 2024
City Council will consider appointments to the Planning Commission on November 7, 2023 at 6:00p.m. during the Regular City Council Meeting.

First Name Keith
Last Name Tolbert
Primary Phone
Alternate Phone Field not completed.

Home Address
Address 2 Field not completed.

Email
Occupation/Profession Pastor / HS Basketball Coach at BHS Employer Name Life Center Church
Are you 18 years of
age or older?
Yes
Are you a resident in
the City of Beaumont?
Yes
Questions
Please answer the following questions which are intended to assist the City Council in assessing your qualifications and experience for the Planning Commission vacancy.

Are you aware of any
conflicts, financial or
otherwise, which could
affect your appointment
as a Planning
Commissioner?
None
Briefly state your
qualifications, including
I am a certified tax preparer. I also am familiar with GAAP.

Familiar with land acquisitions.

any skills or
background related to
City Planning,
development and
building/construction:

What would your vision
for Beaumont’s future?
Beaumont is a growing and thriving community. What I see as a need is job creation. I would like to see businesses come to Beaumont to help improve the quality of life for our residents. I would like to see better medical facilities also.

If you were a Planning
Commission member
representing the
Beaumont Citizens,
how would you define
“quality of life”?
Quality of Life is creating a safe a sustainable community where there is equitable opportunity for all of our residents to live above the poverty line.

What involvement do
you currently have in
the community?
I currently coach voluntarily at Mt View Middle School, Glenview High School and Beaumont High School. I also am involved with BCYB amd Beaumont Jaaf.

Additional Information
Resume inbound3889710761640471503.pdf
Additional Information Field not completed.

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Keith Tolbert

Beaumont, CA

EXPERIENCE

Senior Pastor
Life Center Church, Inc.-San Bernardino, CA
March 2011-Current

*Provide a safe space for members of the congregation an community at large to receive counseling. *Assist families in crisis
*Provide support for members and community d uring life-changing events *Increased the financial stability of the organization to over $1.5mil in liquid and fixed assets through investments and campaign contribution strategies.
* Develop and deliver 200+ customized trainings and workshops annual on key topics and critical instructions to 1000+ learners weekly.
* Evaluated learning solutions effectiveness by delivering live surveys, encouraging participation and implementing group thought to guarantee learner objectives were met. * Curated needs assessments to determine training or consulting objectives based on participant needs, business objectives and organizational resources.
* Implemented interactive leadership programs based on client evaluations, curating procedures and feedback from internal/external customers, subject matter experts, programs sponsors and trainers. * Built, developed and maintained interactive skilled training focus groups, providing content expertise and facilitates and implementation into practice.
* Created and facilitated learning activities to extend the brand and foster the business culture and goals for entire organization.
* Identified and lead development and strategic growth opportunities by analyzing giving trends with new and existing members of 2k member nonprofit.
* Partnered with marketing, business design and product teams to expand business rea ch, increasing brand awareness and membership engagement.
* Defined and implemented comprehensive market entry alternatives, utilizing social media marketing campaigns tools to create online micro-communities and increasing membership retention rate during historical low periods. * Interpret outreach data focusing on engagement and socioeconomic status to identify potential opportunities. * Own evaluation projects, reporting and analysis to project effectiveness of new initiatives and reduce costs risks associated with new projects.
* Develop predictive models and scorecards using a wide range of descriptive and inferential statistics to identify key stakeholders to create solutions for annual growth goals.

Global Account Executive
Gioworks International Inc.

April 2015-July 2019

* Identify potential clients and organizations in need of intermediary services * Create partnerships with hoteliers
*Assist partner hotels in adding value to maximize profits * Recommend and book services and rooming blocks for client organizations * Negotiate sales contracts
* Monitor and manage client experiences before and during event

Executive Director,
Faith Community Development Corporation-San Bernardino, CA July 2004-March 2011

* Developed and directed organizational strategy, drafted organizational policies and philosophies * Oversaw day-to-day business activities, conducted performance reviews, prepared comprehensive budgets, reported revenue and expenditures to the board. * Engaged community groups, created business plans, coached department heads, and managed financial accounts.

Chief Financial Officer
Faith Temple Church Inc.-San Bernardino, CA
March 2004-August 2011

* Directed the preparation of all financial statements i ncluding income statements, balance sheets shareholder reports, tax returns, and governmental agency reports. * Compared sales and profit projections to actual figures and budgeted expenses to actual expenses, created and implemented any necessary adjustments to future projections and budgets, and reviewed planning processes and suggested improvements to current methods. * Identified opportunities for expansion into new product areas and analyzed operations to identify areas in need of reorganization, downsizing, or elimination.
* Worked with the President and other executives to coordinate planning and establish priorities for the planning process and studied long-range economic trends and projected their impact on future growth in sales and market shares.
* Supervised, trained and monitored financial team in reconciling, recordkeeping, through Quick books, * Working closely with senior leaders, the Executive Vice President, and the Chief Executive Officer, the CFO provides leadership, oversight, and coordination of the company’s financial and business planning, budget development and management, and short and long-term analysis and forecasting * Directs the annual budgeting and planning process; administers and reviews all financial plans and compares to actual results to identify, explain, and correct variances

AFFILIATIONS

Board Member (Treasurer)
Congregations Organized for Prophetic Engagement (C.O.P.E) - San Bernardino, CA March 2013 – Present
Provided oversight, foresight, and insight to the operations to ensure the goals, mission, and vision are being fulfilled. Gave guidance and direction to maintain legal fiscal and ethnically responsible practices and oversee budgets and financials. Helped maintain general accepted accounting principles (GAAP), created and implemented internal policies and controls using current best practices, and created me asurable outcomes and goals to determine, monitor and strengthen the organization.

Board Member (Treasurer)
Inland Congregations United for Change (ICUC) - San Bernardino, CA July 2022 – Present
Provided oversight, foresight, and insight to the operations to ensure the goals, mission, and vision are being fulfilled. Gave guidance and direction to maintain legal fiscal and ethnically responsible practices and oversee budgets and financials. Helped maintain general accepted accounting principles (GAAP), cre ated and implemented internal policies and controls using current best practices, and created measurable outcomes and goals to determine, monitor and strengthen the organization.

SKILLS

Project management Data analysis Communication
Organization Problem-solving Management
Quick Books Licensed Tax Preparer Staff Development
Policy/Advocacy

From:[email protected]
To:Nicole Wheelwright
Subject:Online Form Submittal: Planning Commission Appointment 2023 - Partial Term ending Dec 2024 Date:Friday, October 27, 2023 4:12:03 AM
Planning Commission Appointment 2023 - Partial Term ending Dec 2024
City Council will consider appointments to the Planning Commission on November 7, 2023 at 6:00p.m. during the Regular City Council Meeting.

First Name Mehrdad
Last Name Damavandi
Primary Phone
Alternate Phone Field not completed.

Home Address
Address 2 Field not completed.

Email
Occupation/Profession Design and construction
Employer Name Gray AE - (Retired)
Are you 18 years of
age or older?
Yes
Are you a resident in
the City of Beaumont?
Yes
Questions
Please answer the following questions which are intended to assist the City Council in assessing your qualifications and experience for the Planning Commission vacancy.

Are you aware of any
conflicts, financial or
otherwise, which could
affect your appointment
as a Planning
Commissioner?
No
Briefly state your
qualifications, including
I worked in Architectural firms and had my own design and construction business for 40 years from 1983 until my retirement in March 2023. During that period, I produced complete set of

any skills or
background related to
City Planning,
development and
building/construction:
documents, met with city / county officials to discuss and procure building permits and either act as a construction administrator or a general contractor to construct the building.

What would your vision
for Beaumont’s future?
A family oriented, business friendly, aesthetically beautiful and inviting environment where the residents and visitors alike would live happily, conduct business and prosper.

If you were a Planning
Commission member
representing the
Beaumont Citizens,
how would you define
“quality of life”?
I define quality of life as living in a safe place in peace and harmony with nature and my neighbors. In an environment where I could walk and shop in various areas with outdoor seating and eating, with water features and play areas for children.

What involvement do
you currently have in
the community?
I moved to Beaumont 5 years ago and just retired in March. I did not have much time for involvement in the community as I was working between 55 and 65 hours a week but, I am planning on getting more involved as the time goes by.

Additional Information
Resume Field not completed.

Additional Information Field not completed.

Email not displaying correctly? View it in your browser.

From:[email protected]
To:Nicole Wheelwright
Subject:Online Form Submittal: Planning Commission Appointment 2023 - Partial Term ending Dec 2024 Date:Monday, October 30, 2023 11:36:24 PM
Planning Commission Appointment 2023 - Partial Term ending Dec 2024
City Council will consider appointments to the Planning Commission on November 7, 2023 at 6:00p.m. during the Regular City Council Meeting.

First Name Mario
Last Name Garai
Primary Phone
Alternate Phone Field not completed.

Home Address .

Address 2 Field not completed.

Email
Occupation/Profession Agriculture
Employer Name Lucky Farms
Are you 18 years of
age or older?
Yes
Are you a resident in
the City of Beaumont?
Yes
Questions
Please answer the following questions which are intended to assist the City Council in assessing your qualifications and experience for the Planning Commission vacancy.

Are you aware of any
conflicts, financial or
otherwise, which could
affect your appointment
as a Planning
Commissioner?
Nothing will affect, if appointed, role as a Planning Commisioner.

Briefly state your
qualifications, including
I am humble resident of the City of Beaumont who is increasingly fascinated by the potential growth this city has to offer. My qualifications are more than enough to provide a sound voice for

any skills or
background related to
City Planning,
development and
building/construction:
residents. I have advanced education in various fields in addition to my diverse employment history in construction, public service, and agriculture. I understand the value of development and its potential impact as well as the importance of sustainability as I use the most previous items in this planet, water. For this reasons, and many others, I believe I will be a valuable asset to our residents.

What would your vision
for Beaumont’s future?
My vision for Beaumont will be guided by our residents, as a home owner, I believe we all deserve a well balance city that provides opportunity for all. I would like to see a positive approach to growth balancing the our economy, our culture, and our history. I would like to move forward without forgetting the small town feel.

If you were a Planning
Commission member
representing the
Beaumont Citizens,
how would you define
“quality of life”?
The Oxford Dictionary defines quality of life as "the standard of health, comfort, and happiness experienced by an individual or group." This term is subjective depending on who you ask and how it is asked. I believe it is attained by the way we provide opportunities to our residents, the more diverse the opportunities the better the quality. We can improve our parks, our roads, and schools but it takes a level of sacrifice to do so. We must work with our county, state, and federal partners to leverage tax dollars for the long-term vision if we truly want to improve our quality of life.

What involvement do
you currently have in
the community?
I have been an active member of the Beaumont community for over 4 years, participating in chamber of commerce events, fundraisers, food drives, parades, and more. I want to be more involved with the Elks Lodge and continue to bring opportunities to the community.

Additional Information
Resume Mario_Garai_Resume_(PC).pdf
Additional Information Field not completed.

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MARIO GARAI
Riverside, CA 92507 https://www.linkedin.com/in/mariogarai/

§ Showcased superior leadership skills in mobilizing a project development team consisting of 15+ employees and sub-contractors. § Increased profits by 6% through the successful implementation of material cost saving measures. § Streamlined construction projects and met client expectations by effectively facilitating regular meetings with principal stakeholders.

Education & Professional Development
Bachelor’s Degree, World History, University of California, Merced, CA, 2015 Licensed Contractor | State of California
Volunteer Work

Court Appointed Special Advocate (CASA), March 2020 – Present Technical Skills
Microsoft Office Suite (Word, Excel, PowerPoint, Outlook)

From:[email protected]
To:Nicole Wheelwright
Subject:Online Form Submittal: Planning Commission Appointment 2023 - Partial Term ending Dec 2024 Date:Monday, October 30, 2023 9:57:06 PM
Planning Commission Appointment 2023 - Partial Term ending Dec 2024
City Council will consider appointments to the Planning Commission on November 7, 2023 at 6:00p.m. during the Regular City Council Meeting.

First Name Philip
Last Name Southard
Primary Phone
Alternate Phone Field not completed.

Home Address
Address 2 Field not completed.

Email
Occupation/Profession Public Information and Legislative Affairs Officer Employer Name City of Menifee
Are you 18 years of
age or older?
Yes
Are you a resident in
the City of Beaumont?
Yes
Questions
Please answer the following questions which are intended to assist the City Council in assessing your qualifications and experience for the Planning Commission vacancy.

Are you aware of any
conflicts, financial or
otherwise, which could
affect your appointment
as a Planning
Commissioner?
No.

Briefly state your
qualifications, including
Over my 20-year career working in public relations and
government affairs, I have developed extensive experience working on development projects including residential,

any skills or
background related to
City Planning,
development and
building/construction:
commercial, industrial, and renewable energy projects with local municipalities throughout southern California. This work has led me to develop a strong understanding of the development process, environmental review requirements, and the need for communication with key stakeholders. Serving as a public information officer for a city in California, I currently work very closely with our community development team and our city leadership to highlight key projects and share information with the public.

What would your vision
for Beaumont’s future?
I want Beaumont to be a well-balanced community that ensures residents have a high-quality of life while also maintaining a thriving business community. Development within Beaumont should also be balanced and provide a healthy mix of uses that will ensure the City's continued success. Future development should also be considerate of existing residential communities and provide value to the residents who live here. Transportation continues to be an ongoing challenge for most cities in southern California and I hope to see more investment in our local roadways to help alleviate traffic throughout Beaumont.

If you were a Planning
Commission member
representing the
Beaumont Citizens,
how would you define
“quality of life”?
Quality of life to me is having everything that you need to live a healthy and vibrant lifestyle in your community and create a sense of pride in where you live. Residents should feel safe in their neighborhoods and have access to outdoor and open spaces to enjoy. They should also have diverse choices in local shops and restaurants. Cultural amenities and entertainment options should be a priority as well. Residents should also experience limited traffic when traveling around the city.

What involvement do
you currently have in
the community?
Through my professional work, I have worked closely with several local organizations in the community including the Beaumont Chamber of Commerce. I have been a scout leader for Cub Scout Pack 322 and have volunteered at the Cherry Festival on several occasions. I am also very involved on the Fairway Canyon HOA community page where I help my fellow neighbors with issues pertaining to our neighborhood.

Additional Information
Resume PSouthardResume 10-30-23.doc
Additional Information Field not completed.

Email not displaying correctly? View it in your browser.

Philip J. Southard

Beaumont, CA 92223

Summary of Qualifications
• Award-winning public affairs professional with 20+ years of experience • Experience working on development projects throughout the Inland Empire • Familiar with environmental review processes and requirements Work Experience
1/22 – Present CITY OF MENIFEE
Public Information and Legislative Affairs Officer
Direct all external communications for the City of Menifee and serve as the City’s spokesperson. Manage the City’s communications team and oversee division budget.

Develop communications for the public including community magazine, direct mail pieces, factsheets, social media, newsletters, and presentations. Responsible for the production of video content and operations for Menifee TV. Coordinate with city leadership on developing issues and communications strategy. Manage the City’s legislative platform and work with local, state, and federal officials on issues relevant to the City’s operations.

1/18 – 12/21 OPR COMMUNICATIONS
Account Supervisor
Represent a wide array of clients including local governments, water agencies, utilities and Fortune 500 companies in achieving their public relations goals. Provides senior counsel on client accounts. Initiate new ideas, programs and strategies for clients.

Accurately budgets and manages time and work to achieve profitability goals established in conjunction with senior staff. Participates in professional or community service activities on behalf of the company. Delegates client work to team members to complete tasks. Counsels clients on crisis issues as needed. Takes ongoing responsibility for searching out new business development opportunities.

10/16 – 12/17 CITY OF BANNING
Public Information Officer
Responsible for all external communications on behalf of the City of Banning including Water/Wastewater and Electric Departments. Prepared news releases and provided regular updates to the media. Managed the City’s social media pages and developed content/posting schedule. Designed and drafted collateral materials including a quarterly newsletter, monthly City Manager update, community presentations, and other material as needed. Responsible for the City’s Government Access Channel, including managing program budget and overseeing staff in the production of content and live broadcasting.

Also managed the City’s solid waste contract and budgeting and provided management analyst assistance to the City Manager as needed.

12/07 – 10/16 OPR COMMUNICATIONS
Senior Account Executive
Provided guidance in strategic planning, media development, community outreach, and government relations. Developed key messages and prepared correspondence related to public inquiries as needed. Coordinated development of collateral materials including newsletters, talking points, fact sheets, FAQs, and presentations. Worked with media and government officials on behalf of clients. Also assisted in the development of social media strategies and implementation of new technology.

12/06 – 11/07 OFFICE OF GOVERNOR ARNOLD SCHWARZENEGGER Deputy Appointments Secretary
Managed all environmental and education appointments made by the Governor.

Conducted interviews in conjunction with Cabinet, Legislative and Agency officials to determine the most qualified candidates for gubernatorial appointment. Worked with stakeholders and organizations to identify potential candidates. Provided consultation to different entities on the nuances of the appointments process.

08/06 – 12/06 OFFICE OF GOVERNOR ARNOLD SCHWARZENEGGER Assistant Deputy Cabinet Secretary
Oversaw all requests from state agencies and departments that required the Governor’s approval. Assisted in drafting policy letters on behalf of the Governor. Provided support to Cabinet Secretary and performed special projects as assigned. Responsible for the consistency of correspondence.

03/05 – 08/06 OFFICE OF GOVERNOR ARNOLD SCHWARZENEGGER
Constituent Affairs/Appointments
Served as supervisor for the Governor’s electronic correspondence system and as the liaison for education-related issues. Distributed daily incoming figures, assigned work schedules, identified high-profile issues, and generated responses as needed. Worked with numerous state and local agencies to answer constituents’ concerns. Prepared weekly report for review by senior staff and the Governor. With Appointments, conducted background assessments of all new candidates and provided evaluations on suitability for appointment. Coordinated intern schedules and assignments. Also provided support to Appointment Secretary and Deputies as needed.

02/04 – 12/04 CALIFORNIA STATE SENATE – SENATOR JAMES L. BRULTE Legislative Aide
Provided staff support for the Senator. Prepared member resolutions and drafted letters on behalf of the Senator. Managed office expenses and distributed mail. Held numerous responsibilities in a fast-paced environment.

Education
2000 – 2003 BA with Honors, Criminal Justice, Cal State University, San Bernardino

From:[email protected]
To:Nicole Wheelwright
Subject:Online Form Submittal: Planning Commission Appointment 2023 - Partial Term ending Dec 2024 Date:Tuesday, October 31, 2023 3:29:44 PM
Planning Commission Appointment 2023 - Partial Term ending Dec 2024
City Council will consider appointments to the Planning Commission on November 7, 2023 at 6:00p.m. during the Regular City Council Meeting.

First Name Ronald
Last Name Roy
Primary Phone
Alternate Phone Field not completed.

Home Address
Address 2 Field not completed.

Email
Occupation/Profession Retired
Employer Name Field not completed.

Are you 18 years of
age or older?
Yes
Are you a resident in
the City of Beaumont?
Yes
Questions
Please answer the following questions which are intended to assist the City Council in assessing your qualifications and experience for the Planning Commission vacancy.

Are you aware of any
conflicts, financial or
otherwise, which could
affect your appointment
as a Planning
Commissioner?
None:

Briefly state your
qualifications, including
• Licensed property appraiser with Riverside County Assessor (retired):
- Analyzed land in various stages of development, including

any skills or
background related to
City Planning,
development and
building/construction:
parcel maps, subdivision maps, from wholesale developers to retail builders, Specific Plans, site plans, building blueprints to determine property valuation based on neighborhood,
site, and building characteristics. Field checked custom homes and housing tracts in various stages of completion.
- Determined market value of real property based on sales, cost, and income approaches to valuation.
• Riverside County Planning Department:
- Assisted in development of general and specific plans for planning department.
• Pass Area planning advocate
- Submit written and public comments regarding General and specific plan amendments and zone changes for projects
that are inappropriate for neighborhoods.
• Requested consultant for local interest groups fighting for appropriate land uses in the Pass Area.
• Try to stay current on changes in local and regional general plans and specific plans, land use (subdivision land act) and planning laws, legislation relating to climate change,
transportation, housing, business, energy, natural resources (water,
natural areas), pollution etc.
• Recommended specific plan amendments for properties to comport with General Plans.
• Very familiar with how local, regional, state, and federal agencies and governments operate and interact. Instructor: State and Local Government
• Familiar with CEQA. Helped draft CEQA litigation for public interest groups.

What would your vision
for Beaumont’s future?
Aligns with Beaumont General Plan which:
“value(s) our small-town feel, our community heritage, and our natural setting. We are committed to encouraging economically sustainable, balanced growth that respects our long history, while meeting infrastructure needs and protecting our environment.

Beaumont’s community pride and rural mountain setting sets Beaumont apart as a vibrant and healthy community with local access to retail, services, jobs, and recreation.”
Here I would add: Beaumont needs to plan for climate change, environmental protections, energy efficiency, sustainability, advances in transportation including smart interchanges and streets, regional commuter rail, multimodal transit and facilities, active transportation, improved recreation and park facilities promoting healthy lifestyles, excellence in education.

Attract/promote unique retail and businesses. Protect and promote the best land uses for the area. Prevent monolithic dominance of one land use such as warehouses, SFR housing tracts, low quality industrial. Support local businesses. Protect

rural residential and agriculture.

If you were a Planning
Commission member
representing the
Beaumont Citizens,
how would you define
“quality of life”?
I’m in alignment with Beaumont General Plan which states that Beaumont is:“a place that residents will be proud to call home.

Beaumont will not only be a place to live and work, but also a destination for educational, recreational, and shopping opportunities.”
I would add quiet, safe, friendly, bucolic, pollution-free neighborhoods with convenient and safe access to retail, recreation, and education. Successful in buffering neighborhoods from freeways and industrial uses. A city that functions well in terms of responsive, and innovative government services, ample/quality education options, retail options, healthy lifestyle, preserving our natural areas, advancing technology such as internet, cellular reception, generated and distributed energy, energy efficiency, conservation, healthy food options. Balanced land use. Avoid monolithic development. Better transportation options including active transportation. Desirable cultural center.

Ample sports and recreation facilities.

What involvement do
you currently have in
the community?
Organizations/Groups:

Individual Member: Beaumont Chamber of Commerce
Board Member: Pass Action Group
Community Member: Transportation Now
Member: Fairway Canyon HOA
Member: Calimesa Strong:

Consult frequently for community groups seeking appropriate actions for unwanted, poorly planned growth.

Participate in planning commission and city council public hearings and workshops regarding developments, planning, branding, and economic and community development issues.

Occasionally speak at Economic Development, Finance and Audit, and other committees.

Advocate for expanded Transportation Options.

Additional Information
Resume Field not completed.

Additional Information Field not completed.

Email not displaying correctly? View it in your browser.

From:[email protected]
To:Nicole Wheelwright
Subject:Online Form Submittal: Planning Commission Appointment 2023 - Partial Term ending Dec 2024 Date:Friday, October 27, 2023 8:33:06 AM
Planning Commission Appointment 2023 - Partial Term ending Dec 2024
City Council will consider appointments to the Planning Commission on November 7, 2023 at 6:00p.m. during the Regular City Council Meeting.

First Name Victor
Last Name Abdessian
Primary Phone
Alternate Phone
Home Address
Email
Occupation/Profession Retired Deputy Sheriff
Employer Name Los Angeles County Sheriff's Dept.

Are you 18 years of
age or older?
Yes
Are you a resident in
the City of Beaumont?
Yes
Questions
Please answer the following questions which are intended to assist the City Council in assessing your qualifications and experience for the Planning Commission vacancy.

Are you aware of any
conflicts, financial or
otherwise, which could
affect your appointment
as a Planning
Commissioner?
None
Briefly state your
qualifications, including
Before I became a sworn Deputy for Los Angeles county, I was working as a Union Carpenter. I was a Rough framer, building many homes in San Fernando valley, working for three different

any skills or
background related to
City Planning,
development and
building/construction:
contractors. I personally remodeled two home which I owned and had to deal with the planning commission with the city of Pasadena, and LA. county zoning dept.

What would your vision
for Beaumont’s future?
A stable city, crime free and a safe environment, where parents can raise their children. Low taxes, Safe roads to handle excessive traffic. Proper street Lighting. A good police presents to insure citizens safety.

If you were a Planning
Commission member
representing the
Beaumont Citizens,
how would you define
“quality of life”?
To be able to exercise the freedoms given under the constitution . Able to make every citizens voice heard and able to express oneself when dealing with Government entities.Creating and planning a society to better mans environment.Making familes grow and prosper.

What involvement do
you currently have in
the community?
I currently a Member of the Tukwet Canyon Men's Club at Morongo Golf Course,and a Tournament Director, and Rules Director for the Club.

I have lived in Beaumont the past 14 years.

Additional Information
Resume Field not completed.

Additional Information Field not completed.

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Staff Report

TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE November 7, 2023
SUBJECT: Discussion and Direction on Proposed Amendments to Beaumont Municipal Code Chapter 13.21 Mobile Home Park Rent Stabilization

Description Periodic review and recommended changes to Beaumont Municipal Code Chapter 13.21 Mobile Home Park Rent Stabilization for the purposes of streamlining processes and consistency with state law.

Background and Analysis:

In 1996, the City Council adopted Chapter 13.21, “Mobile Home Park Rent Stabilization” Ordinance. At that time, a significant percentage of the residential population of the City , (nearly 11%), resided in mobile home parks, and the City Council determined it was necessary to facilitate and encourage fair bargaining between mobile home owners and park owners. As a result, the City Council enacted Chapter 13.21, which does the following:

1. Proscribes the space rent ceiling/maximum allowable space rent for applicable mobile home parks;

2. Outlines those types of agreements that are exempt from the ordinance pursuant to State law at that time;

3. Allows for space rent adjustments under specified circumstances;

4. Allows for a tenant, along with at least 30% of other tenants similarly affected, to petition for a determination of whether a proposed or actual action by a landlord is within the terms of the ordinance;

5. Allows a landlord to petition for a determination of whether a particular action is allowable, valid and in conformity with the ordinance;

6. Allows a party (either tenant or landlord) to appeal a decision of a hearing officer to an Arbitrator, and proscribes certain procedures for the petition, hearing, selection, and conduct for the arbitration;

7. Outlines priorities and discretionary considerations that should be taken into account when making determinations or allowing adjustments under the ordinance;

8. Outlines remedies for violations of the ordinance.

The ordinance also specifically provides that the ordinance should be period ically reviewed to consider 1) whether the ordinance continues to be necessary to protect the public health, safety, and welfare; 2) whether the implementation of the provisions of the ordinance have been adequate; and 3) whether the provisions of the ordi nance should be amended to provide more effective regulations or to avoid unnecessary hardship.

Since the adoption of Chapter 13.21, the demographics of the City have changed substantially. Moreover, many of the ordinance’s provisions have gone unused or underused (such as petitions by tenants and landlords), while others have created unnecessary administrative obligations and costs on City staff. Furthermore, the Mobile Home Residency Law (the State statutes governing mobile home residency, including as relevant, exemptions from local rent control provisions), has been amended multiple times, such that several of the ordinance’s provisions are outdated. Given recent changes in the law, staff requested Counsel review the ordinance to determine whether any changes needed to be made to bring the ordinance current and/or whether the current policies and procedures set forth in the ordinance are still necessary and effective.

PROPOSED AMENDMENTS

The City Attorney’s office and staff have reviewed the current mobile home rent stabilization provisions and recommend Council consider the attached draft Ordinance, which does the following:

1. Removes/amends outdated and/or unnecessary recitals.

2. Provides that the administration of the Ordinance be under the general direction of the City Manager and/or their designee, rather than the Planning Director, which position no longer exists.

3. Removes outdated statutory exemptions and provides that the Ordinance is applicable to the fullest extent permitted by law, unless exempted by the Mobile Home Residency Law or applicable State or Federal law.

4. Updates/adds definitions as applicable.

5. Removes duplicative requirement for park registration. Mobile home park owners are required to obtain a business license, which serves the same purpose.

6. Updates the available annual adjustments and petition requirements.

Consistent with the current provisions, mobile home park owners may adjust the maximum rent ceiling annually in an amount equal to 100% of the CPI for that year, and recommends that this be capped at 7% per year. In addition, mobile home park owners can petition for Net Operating Income Adjustments

(if they are not receiving a just and reasonable rate of return on their property) or for costs of certain Capital Improvements.

7. Provides that petitions for adjustments be heard by the City Administrative Appeals Board and makes corresponding reference changes throughout. The City Code already provides that the Administrative Appeals Board has the duty to conduct administrative hearings on appeals pertaining to Mobile Home Park Rent Stabilization (City Code Chapter 2.30.040). This amendment creates consistency between the two provisions.

8. Removes provisions permitting petitions by tenants and landlords to seek determinations of whether proposed or actual actions by landlords are permitted under the Ordinance. These provisions have not been used by tenants or landlords in at least the past five years, if at all.

9. Removes provisions related to appeals to an Arbitrator. Administrative Appeals Board decisions are currently appealable to Court pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6. Further direction is required as to whether Council wants to add an additional layer of review prior to Court petition. For example, petitions can either be heard by the City Manager/designee prior to being heard by the Appeals Board, or otherwise heard by the City Council following a determination by the Appeals Board.

10. Updates enforcement provisions.

11. Removes requirement for periodic review.

12. Removes provisions related to introduction, effective date and repeal, which are governed by state law.

Fiscal Impact:

The cost to prepare this staff report is approximately $1,000 .

Recommended Action:

Hold discussion and provide direction to staff on amending Chapter 13.21 Mobile Home Rent Stabilization.

Attachments:

A. Proposed Chapter 13.21 – Redline Version

1 Chapter 13.21 MOBILE HOME PARK RENT STABILIZATION

13.21.010 Title.

This Ordinance may be cited as the Mobile Home Park Rent Stabilization Ordinance of the City of Beaumont.

13.21.020 Statement of purpose and findings.

A. Mobile home owners have a substantial investment in their residences and appurtenances for which space is rented or leased. Alternate sites for relocation of mobile homes are difficult to find due to restrictions of age, size, or style of mobile homes permitted in many parks, and related to the installation of mobile homes, including permits, landscaping and site preparation. Additionally, the cost of moving a mobile home may be substantial, and the risk of damage in moving is significant.

B. A significant percentage (nearly 11%) of the residential population of the City of Beaumont resides in mobile homes.

BC. Mobile homes are often occupied by senior citizens, persons on fixed income and persons of low or moderate income, where extreme rent adjustments fall upon these individuals with particular harshness. Many mobile home owners have a substantial portion of their net asset worth invested in their mobile homes. The continuing possibility of unreasonable space rental adjustments in mobile home parks threatens to diminish the value of the investment of the mobile home owners in their homes.

Further, existing state law permits mobile home park owners to require mobile home owners to make modifications to their homes for reasons of aesthetics or conformity to park standards that amount to capital improvements which would accrue to the benefit of the park owner by potentially increasing the market value of the park itself.

CD. The result of these conditions is the creation of a captive market of mobile home owners and tenants. This, in turn, contributes to the creation of an imbalance in the bargaining relationship between park owners and mobile home park tenants in favor of the park owners.

DE. The City Council of the City of Beaumont finds and declares it necessary to facilitate and encourage fair bargaining between mobile home owners and park owners in order to achieve mutually satisfactory agreements regarding space rental rates in mobile home parks (a) to preserve to the residents the value of their mobile homes and (b) to preserve to the park owners the value of their parks. Absent such agreements, the City Council further finds and declares it necessary to protect the owners and residents of mobile homes from unreasonable space rental adjustments

2 while simultaneously recognizing and providing for the need of park owners to receive a just and reasonable return on their property.

EF. The City Council of the City of Beaumont finds that it is the goal of the City's Housing Element to "conserve and improve the condition of the existing stock of affordable housing" in the City, and to encourageprohibit conversion of mobile home rental units or mobile home parks to ownership or other uses unless conditions are adopted toin a way that maintains existing affordable conditions.

FG. The City Council of the City of Beaumont finds and declares that Ordinance No. 602, enacted in 1984, and amendments, adding Chapter 13.16 to the Beaumont Municipal Code, entitled Mobile Home Rent Revenue Commission, has been reviewed and evaluated and is found to be inadequate for the needs and purposes of the City as reflected in the above findings and should, therefore, be repealed with the adoption of this Ordinance.

GH. Administration of this Ordinance shall be under the general direction of the City Manager or their designee.Planning Director hereinafter referred to as "Director," with general oversight responsibility vested in the City Manager.

13.21.030 Application.

The provisions of this Ordinance shall apply to all mobile home residential rental spaces located within the City of Beaumont unless otherwise exempt from the provisions of this Ordinance by the Mobilehome Residency Law, , as such exemptions are provided for hereinafter in this Ordinance and by law.or applicable State or Federal law. Nothing in this Ordinance shall be deemed to supersede any provision of California Civil Code Section 798 et seq., and as it may be amended.

No person shall perform any act of duress, menace, or undue influence with the intent of thereby obtaining the consent of any other person to enter into any lease for the occupancy of a residential rental space in a mobile home park or to otherwise force compliance with an applicable exemption from this Ordinance.

13.21.040 Definitions.

In construing the provisions of this Ordinance, the following definitions shall apply:

A. "Base year" is the calendar year 1995.; or the year established by the most recent (prior) hearing before the Arbitrator or Board; or, if necessary, the year established by the Arbitrator or Board in parks that have been sold since 1995.

B. "Capital Improvement" means the installation of new improvements and facilities, and/or the replacement or reconstruction of existing improvements and facilities which consist of more than ordinary maintenance or repairs, with a useful life of at least five years.

3 A.C. “City” means the City of Beaumont, California.

B.D. "Consumer Price Index" or "C. P. I." means the Index known as the "Consumer Price Index for all Urban Consumers for the Los Angeles-Anaheim-Riverside Area, (1982-1984) and thereafter or the index which may replace this index if it is discontinued.

C. "Landlord" means any owner, lessor, operator or manager of a mobile home park.

D.E. "Mobile home" shall have the same meaning as set forth in California Civil Code section 798.3, as may be amended from time to time. means a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Except as provided in Civil Code Section 798.3, mobile home does not include "recreational vehicle" as defined in Section 799.29 of the Civil Code or a "commercial coach" as defined in Section 18001.8 of the Health and Safety Code.

E.F. "“Mobile home owner"” or "“resident"homeowner” means any person who has a tenancy in a Mobile home Park under a rental agreement. entitled to occupy a mobile home dwelling space pursuant to ownership thereof or a rental or lease agreement with the owner thereof.

G. “Mobile home park” means any area of land in the City where two or more mobile home sites are rented, or held out for rent, to accommodate mobile homes used for human habitation.

F.H. "Mobile home park owner" or "park owner" means the owner, lessor, operator, manager or designated agent thereof of a mobile home park; sometimes referred to as "owner” or “landlord.”r."

I. “Mobilehome Residency Law” means and refers to Chapter 2.5 of the California Civil Code section 798, et seq., as may be amended from time to time.

G.J. "Mobile home space" or "space" means the site within a mobile home park intended, designed, or used for the location or accommodation of a mobile home and any accessory structures or appurtenances attached thereto or used in conjunction therewith.

K. H. "Rent adjustments" means any rent increase or decrease demanded of or paid by a tenant, including any reduction in housing services without a corresponding reduction in the monies demanded or paid for rent.

4 H.L. I. "Rental agreement" means an agreement between a mobile home park owner and tenant establishing the terms and conditions of a tenancy in a mobile home park. A lease is a rental agreement.

M. J. “Resident” is a homeowner or other person who lawfully occupies a mobile home in the City.

I.N. "Residential rental space" means any mobile home space occupied by any person other than the owner of the park for payment of rent pursuant to an oral or written lease, or other form of rental agreement.

J.O. K. "Space rent" means the consideration, including any bonuses, benefits, or gratuities demanded or received for and in connection with the use or occupancy of a mobile home space within a mobile home park, or for housing services provided and security deposits, but exclusive of any amounts paid for the use of the mobile home as a dwelling unit. The use or occupancy of a mobile home space shall include the exercise of all rights and privileges and the use of facilities, services and amenities accruing to the residents thereof. "Space rent" shall not include any separately billed utility fees and charges for natural gas or liquid propane gas, electricity, water, cable television, garbage or refuse service and sewer service.

K.P. L. "Tenancy" means the right of a homeownertenant to the use of a site within a mobile home park a mobile home site within a mobile home park on which to locate, maintain, and occupy a mobile home, site improvements and accessory structures; for human habitation, including the use of the services and facilities of the mobile home park.

L.Q. M. "Tenant" means any person entitled to occupy such mobile home space pursuant to an oral or written lease with the owner thereof, or pursuant to some other rental agreement with the owner, lessor, operator or manager thereof.

13.21.050 [RESERVED].

13.21.050 Exemptions from coverage.

The provisions of this Ordinance shall not apply to the following:

Newly Constructed Space. Space rent or space rent adjustments for new mobile home spaces whether in parks constructed after January 1, 1990 or spaces rented out for the first time after January 1, 1990 shall be exempt from the provisions of this Ordinance. Civil Code Section 798.45.

B. Vacancies.

Subject to the exceptions in paragraphs 2 and 3 below, if the mobile home space or mobile home is (a) voluntarily vacated, abandoned or repossessed, or (b) vacated pursuant to California

5 Civil Code Sections 798.56 or 798.75 the landlord may adjust the rental rate to an amount as he or she in his or her discretion may determine.

Subject to the provisions of Civil Code Section 798.17, if the mobile home is sold in place and is to remain on site, the landlord may only increase the rental rate of the space to the new owner to an amount that is no greater than the average of the three highest rentals then currently being charged by the park owner for resident owner occupied spaces of comparable size, location and amenities in the park.

3. In the event a resident owner must move from his or her mobile home because of a need for long term medical or custodial care, the space shall remain subject to this Ordinance during the time that the owner is absent and remains incapacitated. In those parks that allow subletting, the absent and incapacitated owner may sublet the mobile home for a charge not to exceed the space rent and utilities and all legally allowable pass thorough costs for a period of time not to exceed 24 months without removing the space from the protection of this Ordinance.

C. Space Rent Agreement Exemption. Any rental agreement in excess of 12-months duration which also meets all criteria specified by Section 798.15 and Section 798.17 of the California Civil Code, including, but not limited to, the tenant notification requirement within the first paragraph of such rental agreements, shall be exempt from the space rent ceiling provisions of this Ordinance, but only during the term of such rental agreement or any uninterrupted, continuous extensions thereof. If such rental agreement is not extended and no new rental agreement in excess of 12-months duration is entered into, then the last month's rent under the expired rental agreement shall be the base rent for purposes of this Ordinance. Any rental agreement exempt from this Ordinance by virtue of this subsection shall remain so exempt despite voluntary amendments made thereto, as long as any amendments extending the term contain the disclosures required by Section 798.17 of the California Civil Code.

D. Lease Agreement Exemption. Section 7 of this Ordinance does not apply to any residential rental space for the rental of which the mobile home park owner and the tenants have mutually agreed to enter into a lease which conforms to the provisions of California Civil Code Section 798.15 et seq.

E. Tenant Approval. This Ordinance does not apply if two-thirds of all mobile homes affected by the rent increase or other action give their approval in writing as evidenced by the signature of one tenant for each space or in an election called to consider the matter with each space casting one vote. The park owner shall supply proof of such approval to the Director for verification.

F. Violation. No person shall perform any act of duress, menace, or undue influence with the intent of thereby obtaining the consent of any other person to enter into any lease for the occupancy of a residential rental space in a mobile home park.

13.21.060 [RESERVED].

13.21.060 Registration and fees.

6 A. Within 90 calendar days after the effective date of this Ordinance, mobile home park owners are required to register all mobile home parks and mobile home rental spaces within such parks with the Director. The initial registration shall include: the name(s), business address(es), business telephone number(s) of each person or legal entity possessing an ownership interest in the park and the nature of such interest; the number of mobile home rental spaces within the park; the space rent charged for each space during the base year; and the number of spaces currently exempt under Civil Code Sections 798.17 and 798.45. The Director is hereby empowered to establish procedures for requiring such re-registration as he or she deems necessary.

B. After initial registration and on an annual basis, if needed thereafter, each space in the park then subject to the provisions of this Ordinance and not otherwise exempt under provisions in the Mobile Home Residency Law, i.e., Civil Code Sections 798.17 [or such other amount as the City Council may establish] and 798.45, may be assessed a fee of up to $12 per space per year to cover the anticipated costs of administering this Ordinance. The fee shall be collected by the park owner who shall promptly remit all of the per space fee collected except $1.00 per space to the Director who shall use the monies so received to cover the costs of administering this Ordinance. The park owner shall be entitled to retain $1.00 of the fee amount collected to cover the park owner's expenses in complying with this Ordinance.

C. No park owner shall be eligible to receive any rent ceiling adjustment as provided for under the provisions of this Ordinance unless such current registration information as may then be required for the mobile home park is on file with the Director at the time the petition for the rent ceiling adjustment is filed. The registration and re-registration requirements provided for in this section, or which may be hereafter established by the City Council, shall apply to all mobile home parks including those exempt from the space rent ceiling limitation by reason of the existence of a valid space rent agreement. Registration shall not apply to parks that were constructed in 1990 or later.

13.21.070 Space rent ceiling or maximum allowable space rent.

Beginning the first month which commences following the day after the effective date of this Ordinance, no mobile home park owner shall charge space rent for any mobile home space in an amount greater than (a) the space rent in effect on December 31, 1995 increased by the increase in the CPI since that date or (b) the rent for the space that is in effect on the effective date of this Ordinance. The space rent in effect on that date shall be known as the "space rent ceiling."

If there was no space rent in effect on December 31, 1995, the space rent ceiling shall be the space rent that was charged on the first date that space rent was charged after December 31, 1995 (with the exception above noted) adjusted by the CPI to the current date as indicated above or the rent for the space that is in effect on the effective date of this Ordinance. If a mobile home park space is exempted from the application of this Ordinance by reason of the existence of a space

7 rent agreement and the agreement expires, the space rent ceiling for that space shall be the space rent in effect on the date the agreement expires.

13.21.080 Space rent ceiling adjustment—Initial adjustment.

A. No adjustment in space rent ceilings shall be permitted except as provided for herein.

B. Permissive Adjustment. A park owner shall be entitled to an initial permissive adjustment gross space rental income equal to 100 percent increase in the Consumer Price Index (CPI) from the end of the base year (1991) to the date of application for the adjustment. The percentage adjustment in the CPI shall be calculated by subtracting the CPI reported for December, 1995, from the most recently reported monthly CPI preceding the application and then dividing this remainder by the December, 1995, CPI.

13.21.090 Space rent ceiling adjustment—Annual adjustments.

Commencing in calendar year 1996, park owners shall be entitled to the following annual adjustments.

A. Permissive Annual Adjustment.

1. A park owner shall be entitled to one annual permissive adjustment of gross space rental income equal to 100 percent of the percentage adjustment in the CPI for that year, but in no case more than 7% per year. A park owner shall not impose more than one (1) rent increase for a covered residential rental space in any 12-month period, calculated from the date the rent increase takes effect, unless otherwise permitted pursuant to this Ordinance. from the date of the most recent initial or annual adjustment to the date of application for the proposed adjustment. No application or permission is required for the annual CPI adjustment under this section.

B. Net Operating Income (NOI) Adjustment.

1. In the event a park owner believes he or she does not receive a just and reasonable return on park property after receiving the maximum permissive CPI adjustment provided for above, the park owner may, upon payment of all filing or other fees as hereinafter provided,required, file a petition with the Director Administrative Appeals Board for an adjustment of the space rent ceiling, providing adequate justification for the proposed increase.

(a) Upon the filing by a park owner of a petition for hardship rent increase, the Director shall request a deposit from the petitioner who shall pay 50 percent of the anticipated cost of the proceedings. Any final decision of the Arbitrator or Mobile Home Board (or final decision of a Hearing Officer if not appealed to the City Council) shall contain an estimate of the total expenses of the Hearing

8 process. The petitioner shall be obligated to pay, as a fee, one-half of the total cost of said hearing process (less the deposit). Any hardship rent increase may be conditioned upon the payment of said fee. In the event that the deposit exceeds one-half of the expense of the hearing process, the petitioner will be entitled to a refund of that difference.

If the City shall establish forms for such a petition, the petition shall be prepared and submitted using such a form. In the absence of such designated form, such

2. In addition to any other applicable information required by the Administrative Appeals Board, any such petition shall be in writing verified by the applicant, and shall contain the names, address and telephone number of the applicant, the name and address of the tenant of each rental space which would be affected if the petition were granted, a statement of the facts giving rise to the petition for an NOI adjustment in sufficient detail that, if established, such facts would demonstrate the existence of a decrease in the NOI warranting such NOI adjustment.

1. 3. Within 30 working days after the petition has been submitted to the Director Administrative Appeals Board for filing, petitioner shall be given notice of the time and place of the hearing, which notice together with a copy of the petition shall be served upon or mailed to each tenant of a rental space which would be affected by the NOI adjustment, if granted. When a declaration of service has been submitted to the Director,Administrative Appeals Board, the petition for an NOI adjustment shall be deemed filed.

2. 4. Upon filing of a complete petition, and presentation of sufficient facts demonstrating the existence of a decrease in the NOI warranting such NOI adjustment, Aa park owner shall be entitled to an adjustment of the space rent ceiling so as to enable the park owner's net operating income (NOI) for the subsequent year to be increased by a rate which, when added to the maximum permissible CPI adjustment provided for above will give the park owner a just and reasonable return on park property. In determining whether the current NOI is adequate in comparison with the base year NOI, the NOI for the park earned in the base year shall be increased by the amount of the CPI increase from the base year to the date of the proposed rental increase.

C. 5. During the hearing, any tenant which would be affected if the petition is granted shall be permitted to be heard and to present any evidence for or against the proposed NOI adjustment.

6. No annual adjustment shall become effective if a previous annual adjustment became effective within the previous 12 months unless approved by the Administrative Appeals BoardArbitrator.

CD. Rent Increase Based upon Capital Improvements.

9 1. A park owner shall be permitted to increase rent for a capital improvement upon petition to the Administrative Appeals Board where:

(a) the improvement has been agreed upon between the park owner, and by more than 50 percent of the owners of all mobile homes affected by the improvement in an election called to consider the matter with each space casting one vote by written ballot; or

(b) the improvement is required (a) to maintain the common facilities and other areas of the park in a safe and sanitary condition (b) to maintain the existing level of park amenities and services, or (c) to comply with the law or an administrative regulation. No vote of mobile home owners shall be required for approval under this provision.

2. Capital improvement costs for items which are not necessary or approved as described above in paragraph 1, shall be allowable rent increases only upon petition to the Administrative Appeals Board which establishes that the park owner has (a) consulted with the park residents to be affected prior to initiating construction of such improvements, regarding the nature and purpose of such improvements and the estimated cost of such improvements, and (b) demonstrated the need for the improvements and the reasonableness of the anticipated costs.

3. The petition for the cost of a completed capital improvement or the estimated cost of a proposed capital improvement under this section shall be filed by the park owner with the Administrative Appeals Board, including payment of filing or other fees, and shall contain:

(a) A description of the capital improvement;

(b) A copy of all estimates, contracts, bills, invoices, canceled checks and other documentation reasonably necessary to establish the cost of the capital improvement and the reasonable cost of financing the capital improvement. If, instead of borrowing the money to make the capital improvement, the park owner uses his or her own funds, the reasonable cost of financing which will be allowed shall be the average prime rate charged by the Bank of America for the three months preceding the start of construction of the capital improvement; and

(c) If the capital improvement has been agreed upon between the park owner and by more than 50 percent of the owners of all mobile homes affected by the improvement, proof of that fact will be submitted with the application.

10 An application for a rent increase based on the cost of a proposed or completed capital improvement may be filed by the park owner with the Director pursuant to this subsection. For the purposes of this subsection "Capital Improvement" is defined as the installation of new improvements and facilities, and/or the replacement or reconstruction of existing improvements and facilities which consist of more than ordinary maintenance or repairs, with a useful life of at least five years.

1. A capital improvement shall be approved by the Arbitrator where the improvement has been agreed upon between the park owner, and by more than 50 percent of the owners of all mobile homes affected by the improvement in an election called to consider the matter with each space casting one vote. A capital improvement shall be approved if the improvement is required (a) to maintain the common facilities and other areas of the park in a safe and sanitary condition (b) to maintain the existing level of park amenities and services, or (c) to comply with the law or an administrative regulation. No vote of mobile home owners shall be required for approval under this provision.

2. Capital improvement costs for items which are not necessary or approved as described above, in paragraphs 1 and 2, shall be allowable rent increases only if the park owner has (a) consulted with the park residents to be affected prior to initiating construction of such improvements, regarding the nature and purpose of such improvements and the estimated cost of such improvements, and (b) demonstrated the need for the improvements and the reasonableness of the anticipated costs.

4. 3. Capital improvement rent increases shall be amortized over the useful life of the improvement as set forth in Internal Revenue "class life" tables then in effect, unless the Administrative Appeals Board, in its discretionArbitrator at its discretion determines that the use of such tables is unreasonable under the circumstances.

4.5. In addition to the reasonable cost of the improvement(s) and the reasonable costs of financing, the rent increase shall include a return of two percent over the prime rate at Bank of America in effect at the time the rent increase is approved calculated annually on the unamortized cost improvement.

6. 6. In the event the need for the capital improvement is a result of an accident, disaster, or other event for which the park owner receives insurance benefits, only those capital improvement costs which exceed such insurance benefits may be amortized as operating expenses unless the uncovered loss or portion thereof is a result of an underinsured or uninsured loss in which event the underinsured or uninsured portion is disallowed unless prudent business practices would not require it to be insured.ensued.

11 7. 7. Capital improvement rent increases shall be apportioned equally among all spaces in the mobile home park affected thereby and shall be payable monthly, and shall be set forth by the park owner as a separate item from the space rent. The increase shall remain in effect until the cost of the improvement, plus reasonable costs of financing as set forth above, have been fully recovered.

8. The application for the cost of a completed capital improvement or the estimated cost of a proposed capital improvement shall contain:

(a) A description of the capital improvement;

(b) A copy of all estimates, contracts, bills, invoices, canceled checks and other documentation reasonably necessary to establish the cost of the capital improvement and the reasonable cost of financing the capital improvement.

If, instead of borrowing the money to make the capital improvement, the park owner uses his or her own funds, the reasonable cost of financing which will be allowed shall be the average prime rate charged by the Bank of America for the three months preceding the start of construction of the capital improvement; and

(c) If the capital improvement has been agreed upon between the park owner and by more than 50 percent of the owners of all mobile homes affected by the improvement, proof of that fact will be submitted with the application.

9. A petition by tenants, as allowed by Section 13.21.120, will be limited to challenging the special increase for a capital improvement only on the basis that it does not meet the criteria established by Section 13.21.090.D of this Ordinance.

8. 10. The Hearing Officer or ArbitratorAdministrative Appeals Board may, in its discretion, approve the capital improvement without the necessity of a hearing, as provided for in this Ordinance.

9. 11. No rent increase for a proposed capital improvement may be collected until the park owner provides proof to the Director Administrative Appeals Boards that the improvement has been completed.

13.21.100 Required certification on rental adjustment notice.

The Arbitrator Administrative Appeals Board shall have the right to deny any rent adjustment under this Ordinance if the owner:

A. Hhas failed to comply with any provisions of this Ordinance and/or regulations issued there under by the Director or the City Council. .

12 13.21.110 [RESERVED].

13.21.110 Petition by tenant.

A. Any tenant of a mobile home rental space affected by this Ordinance, upon payment of a filing fee of $1.00 and joined by at least 30 percent of the other tenants similarly affected (each of whom pays $1.00 per space), may petition for a determination whether a proposed or actual action by the landlord affecting such tenant(s) is within the terms of this Ordinance. If the City shall establish forms for such petitions, the petition shall be prepared and submitted upon such form. In the absence of such designated form, the petition shall contain the name, address and telephone number, if known, of the landlord, owner, manager, or other person authorized to represent the owner of the mobile home park, a brief statement of the facts giving rise to the petition and a statement that a copy of the petition has been personally served or mailed to the owner, manager or other person authorized to accept and receive notices to the landlord.

B. The petition shall also include the name, address, and telephone number of the designated representative of the petitioner(s) to whom notices and other communications respecting the petition are to be transmitted.

C. In the event a petition by a tenant(s) results in a downward adjustment in the space rent, the park owner shall not be obligated to adjust any rent except the rent of those tenant(s) who signed the petition and paid the established filing fee.

D. A petition must be filed within 60 days of notice being given by the park owner or within 90 days of the action actually taken by the park owner when no written notice preceded the action.

E. In the event the petitioner or petitioners are claiming that a net operating income rental increase otherwise allowed by Section 13.21.090B above should be disallowed in whole or in part because of conditions of deteriorating maintenance the petitioner(s) shall specify the conditions of deteriorating maintenance in their petition with the specificity required by Civil Code Section 798.84(b).

F. Upon receipt of the petition, the Director shall determine whether or not the petition contains the minimum number of signatures required. Thereafter, the Director shall notify, in writing, the park owner and the residents of the results of his/her determination.

G. The Director shall in a timely manner assign a Hearing Officer who shall conduct an informal hearing in an attempt to resolve the matter. In making his/her recommendation(s), the Hearing Officer may consider all relevant factors including those listed in this Ordinance.

13 H. The Hearing Officer shall, if he/she finds it practical to do so, hold the informal hearing at the mobile home park. In any event, the Hearing Officer shall use all reasonable efforts to hold the hearing at a location which is convenient for the residents of the park.

I. The hearing may be attended by no more than two representatives from the affected tenants and two representatives from the park owner. Attorneys shall not be present at the informal hearing(s) unless agreed to in writing, by both sides except in a case where the park owner or petitioning tenant(s) is an attorney in which case the other party may be accompanied by its own attorney.

J. Either side may submit written, photographic or other type of documentary evidence to support their contentions, but is not required to do so.

K. The Director shall set time lines by which the informal hearing process must be concluded and shall take all appropriate steps to see that the informal hearing process is conducted in a manner that respects the rights of both sides.

L. The Hearing Officer shall serve, by his/her final recommendations in written form to both sides and to the Director.

M. Any agreements reached by the parties shall be reduced to writing and be signed by them and the Hearing Officer.

N. No statement(s) made by a party in the informal hearing process may be introduced into evidence or presented before the Arbitrator unless agreed to by the party making the statement.

13.21.120 [RESERVED].

13.21.120 Petition by landlord.

Any landlord of a mobile home park affected by this Ordinance may, upon payment of a filing fee of $1.00 per space affected under this Ordinance, petition for a determination whether a particular course of action by said landlord is allowable, valid and in conformity with this Ordinance. The Director may designate forms for the filing of such petitions. In the event that no such form has been designated, the petition shall be in writing, and shall contain the name, address and telephone number, if any, of the person requesting the interpretation or opinion, the name and address of each tenant of a rental space owned or managed by the person requesting the interpretation or opinion, if it is intended that such interpretation or opinion affects such rental space, a brief statement of the facts giving rise to the request for interpretation or opinion, and a statement that a copy of such petition has been personally served upon or mailed to each such tenant who might be affected thereby.

The Hearing Officer procedures specified in Section 13.21.110G—N inclusive of this Ordinance shall be used for the initial consideration of the landlord's petition.

14 13.21.130 [RESERVED].

13.21.130 Appeal to Arbitrator.

Any party to a hearing conducted by a Hearing Officer shall be entitled to appeal the decision of the Hearing Officer to the Arbitrator.

13.21.140 [RESERVED].

13.21.140 Arbitration.

A. If a majority of the petitioning parties or the park owner wish to proceed to arbitration they shall, within 20 days of the date of service of the written notification of the Hearing Officer's final recommendation, notify the Director in writing of their decision to proceed to arbitration.

B. Within 30 days of notice of the filing of the request for arbitration the mobile home owner(s) and park owner shall contribute and deposit a sum of money with the Director for the estimated costs of, and as determined by, the Director. In no event shall the mobile home owner(s) contribution exceed $300.00 or such other amount (greater or lesser) as the Director may establish.

Failure on the part of the petitioner(s) to deposit its share, shall terminate the proceedings and will be deemed a denial of the request. In the event the park owner fails to deposit his share, the Arbitrator shall enter an order as to such park owner denying any increase in rent or any other new "pass through" charge for a 12-month period, beginning the date of the notice of increase that is the subject of dispute. This order shall become effective 30 days from the date it is mailed by the Director unless a court-ordered stay of execution is granted. Unless such a stay is granted, any rent increase collected by park owner while this procedure was pending shall be refunded to residents within 60 days of the date of mailing of the notice denying the increase pursuant to this Section, by the Director. If no contrary court order is entered, and the amounts owed are not repaid in 60 days, affected residents may reduce their rental payments next due by the amount overpaid. If the amount exceeds one month's payment, the balance shall be deducted the next month until resident has received the overpayment plus ten percent of the total as a penalty for park owner not having complied with the provisions of this Ordinance.

C. In the event a petition by a tenant(s) results in a downward adjustment in the space rent, the park owner shall not be obligated to adjust any rent except the rent of those tenant(s) who signed the petition and paid the established filing fee.

13.21.150 [RESERVED].

13.21.150 Selection of Arbitrator.

A. The City Manager shall, if the parties cannot otherwise agree, select the person who is to be the Arbitrator. The Arbitrator shall be selected from a list of recommendations provided by the Board of Directors of the Riverside County Bar Association or such other organization(s) as the City Manager deems appropriate. The Arbitrator shall be a resident of Riverside County and be qualified by education, training and experience.

B. The City shall pay the Arbitrator his or her fees as agreed between the Arbitrator and the City Manager.

15 13.21.160 [RESERVED].

13.21.160 Conduct of Arbitration.

A. The following is applicable to all hearings before the Arbitrator.

B. Each party to a hearing may have assistance in presenting evidence or in setting forth by argument his or her position, from an accountant, attorney or such other person of his own choosing as may be designated by said party.

C. Formal rules of evidence shall not apply in such proceedings; however, all testimony (oral or written) offered as evidence shall be submitted under oath.

D. In the event any party shall fail to appear at the time and place set for hearing of a petition without good cause as determined by the Arbitrator, the Arbitrator may hear and review such evidence as may be presented by those present, and may make such findings and decisions as shall be supported by the evidence placed into the record.

E. The Arbitrator, shall make findings based on the evidence as presented as to each fact relevant to its decision on the petition. The decision shall be based upon the findings, and shall:

1. Determine whether the action or proposed action of a landlord is valid, authorized, and in conformity with this Ordinance;

F. The decision shall be made no later than 30 days after the matter has been submitted for determination. No rent adjustment shall be authorized unless supported by a preponderance of the evidence. A written notice of the decision shall be sent to each party to a proceeding.

13.21.170 Appeal to court.

The findings and decision of the Arbitrator Administrative Appeals Board shall be a final administrative action. There shall be no right of appeal to the City Council, but appeal may be made to Court pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6. Such findings and decision shall be public records, anrid may be certified by the Director, or by the City Clerk. Each decision shall set forth a Notice as required by California Government CodeCode of Civil Procedure Section 1094.6. The decision shall become effective and final upon mailing to the parties.

13.21.180 Priorities.

All petitions for hearings shall be heard in order of date filed.

13.21.190 Rent adjustment regulations.

16 For purposes of determining allowable NOI rent adjustments pursuant to Section

13.21.090B,, except those specified in Section 13.21.090 A for permissive annual adjustment and in Section 13.21.090 D for capital improvements, the principles set forth in this section shall be used. The Arbitrator Administrative Appeals Board may consider all relevant factors including, but not limited to: increases or decreases in operating and maintenance expenses, the extent and cost of utilities paid by the park owner, necessary and reasonable capital improvements of the park as distinguished from normal repair, replacement and maintenance, increases or decreases in amenities, equipment, insurance, services, substantial deterioration of the park other than as a result of ordinary wear and tear, failure on the part of the park owner to provide timely and/or adequate maintenance and repair, federal and state income tax benefits, the speculative nature of the investment, whether or not the property was acquired or is held as a long term or short term investment, the owner's rate of return on investment, the owner's method of financing and prudent use and need thereof, the owner's current and base year net operating income (NOI) as inflated to date by current CPI and any other factors deemed relevant by the ArbitratorAdministrative Appeals Board, in providing the owner a fair return.

The fact that a park is old shall not, of itself, be indicative that maintenance has deteriorated. The Arbitrator Administrative Appeals Board shall distinguish between normal deterioration and obsolescence of the park due to age and failure to adequately maintain.

In the event any such claim or claims of failure to adequately maintain are proven, the Arbitrator Administrative Appeals Boards may take one or more of the following actions:

A. Deny any rental increase.;

B. Offset any allowable rental increase by an amount that is adequate to reflect the degree of failure to adequately maintain.

C. Condition any allowable rental increase upon a remediation of the failure to maintain by the park owner. In this regard, the Arbitrator Administrative Appeals Board may freeze rents at the pre-increase level until such time as the park owner has come into compliance with the Arbitrator's Administrative Appeal Board’s decision.

D. The Arbitrator Administrative Appeals Board may recess the hearing for a period not to exceed 90 days to allow the park owner to correct the condition or conditions of inadequate maintenance.

E. The Arbitrator Administrative Appeals Board may combine any two or more of the above- listed actions and/or may take any other action or actions that it deems necessary to correct the problem of inadequate maintenance.

13.21.200 Net operating income.

Net operating income (NOI) shall be gross income less allowable operating expenses.

17 13.21.210 Gross income.

Gross income equals:

A. Gross rents, computed as gross rental income at 100 percent paid occupancy, plus

B. Interest from rental deposits, unless directly paid by the landlord to the tenants, plus.

C. Income from miscellaneous sources, including, but not limited to, laundry facilities, vending machines, amusement devices, cleaning fees or services, garage and parking fees, plus

D. All other income or consideration received or receivable for or in connection with the use or occupancy of rental units,

E. Minus uncollected rents due to vacancy and bad debts to the extent that the same are beyond the landlord's control.

13.21.220 Allowable operating expenses.

Operating expenses shall include but not be limited to the following:

A. Real property taxes,,

B. Utility costs. Utility costs are for natural gas or liquid propane gas, electricity, water, cable television, garbage or refuse service, and sewer service, unless billed separately to and paid by the park residents in which case the park owner may not deduct such costs. It is assumed that charges for utility services billed to the tenant separately include an adequate reserve amount to repair and upgrade meters, lines and equipment and the park owner shall have the burden of showing by clear and convincing evidence that any additional expense is necessary to cover such repairs or upgrade.

C. Management fees actually paid if management services are contracted for. If all or a portion of management services are performed by the landlord, management fees shall include the reasonable value for such landlord performed services.

Management fees greater than five percent of gross income are presumed to be unreasonable. Such presumption may be rebutted.

D. Other reasonable management expenses, including, but not limited to, necessary and reasonable advertising, accounting and insurance.

E. Normal repair and maintenance expenses, including, but not limited to, painting, normal cleaning, fumigation, landscaping, and repair of all standard services,

18 including electrical, plumbing, carpentry, furnished appliances, drapes, carpets, and furniture.

F. Owner-performed labor, which shall be compensated at the following hourly rates upon documentation of the date, time, and nature of the work performed:

1. At the general prevailing rate of per diem wages for the Riverside area, for the specific type of work performed, as determined and published by the Director of the Department of Industrial Relations of the State of California pursuant to Section 1770 et seq. of the Labor Code of the State of California.

2. If no such general prevailing rate has been determined and published, then a cost per hour for general maintenance and a cost per hour for skilled labor as established by Riverside County Department Office of Economic Development.

3. Notwithstanding the above, a landlord may receive greater or lesser compensation for self-labor if the landlord proves by clear and convincing evidence that the amounts set forth above are substantially unfair in a given case.

4. Owner performed labor in excess of five percent of gross income shall not be allowed unless the landlord proves by clear and convincing evidence that such excess labor expenses resulted in proportionately greater services for the benefit of tenants.

G. License and registration fees required by law to the extent same are not otherwise paid by tenants.

H. The reasonable cost of the capital improvement including reasonable financing costs, plus two percent over the prime rate at Bank of America in effect at the time of the assessment computed in accordance with any useful life table utilized by the Internal Revenue Service.

I. Reasonable attorneys' fees and costs incurred as normal reasonable costs of doing business, including, but not limited to, good faith attempts to recover rents owing and good faith unlawful detainer actions not in derogation of applicable law, to the extent same are not recovered from tenants.

13.21.230 Operating expenses not allowable.

Operating expenses shall not include the following:

A. Avoidable, unreasonable or unnecessary expenses;