2. Improvement Securities.
(a) Subdivider agrees to secure this Agreement with good and sufficient improvement securities in a form approved by the City Attorney (referred collectively hereinafter as "Improvement Securities" and individually as "Improvement Security") to guarantee the construction and completion of all the improvements in the Development. All such improvement securities shall be posted with the City prior to the City's final building inspection and issuance of a Certificate of Occupancy for any single family dwelling constructed by Subdivider, its agents, assigns or contractors, on any lot within the Development, as described in Exhibit "A". Said securities are estimated at this time in Exhibit "B" to be in the following amounts, and shall be for the purposes described as follows:
(i) Eight Thousand Five Hundred and 00/100 DOLLARS ($8,500.00) to ensure faithful performance of the construction and installation of the public and private Improvements required by this Agreement ("Performance Security"), which amount is 100% of the estimated cost of the Improvements as set forth in Exhibit "B"; and (11) Eight Thousand Five Hundred and 00/100 DOLLARS ($8,500.00) to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor materials for the Improvements required to be constructed or installed pursuant to this Agreement ("Labor & Materials Security"), which amount is one -hundred percent (100%) of the estimated cost of the Improvements; and (iii) and 00/100 DOLLARS ($ XX,XXX.XX) in the form
of a Warranty Bond or cash deposit with the City to guarantee or warranty the Improvement work done pursuant to this Agreement for a period of one (1) year following acceptance/certification thereof by City, against any defective work or labor done or defective materials furnished ("Warranty Security"). The Warranty Security is 10% of the estimated cost of the Performance Security amount described above, and such Warranty Security must be provided by Subdivider to City prior to the City's release of any bonds or Improvement Securities filed with this Agreement. (iv_) and 00/100 Dollars ($X,XXX.XX) in the form of a cash deposit, which is 100% of the estimated cost of setting all final subdivision monuments, boundary corners, front and rear lot corners and centerline ties not previously set or submitted on the lots and streets within the Property as described in Exhibit "A", and for the preparation and recordation of any related Certificate of Correction, as required by Section 66469 of the State Subdivision Map Act. (b) The Improvement Securities required by this Agreement shall be kept on file with the City Clerk. If surety bonds are used, they must be issued by a surety company currently admitted to transact surety insurance business in California by the California Department of Insurance, with a Best's Insurance Guide rating of no less than A-. The terms of any documents evidencing such Improvement Securities as set forth in this Section 2 or
referenced on Page One (1) of this Agreement, are incorporated into this Agreement by this reference as if set forth fully herein. If any Improvement Security is replaced by another type or kind of approved Improvement Security, subject to the approval of the form thereof by the City Attorney, the replacement shall be filed with City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a satisfactory replacement Improvement Security with the City Clerk, the former Improvement Security shall be released.
(c) Subdivider agrees to keep its Improvement Securities in full force and effect until they are reduced or released by City. If any Improvement Security provided by Subdivider is cancelled or terminated for any reason by the action of a surety, financial institution or other party, it shall be the responsibility of the Subdivider to immediately, upon written notice from City, provide a substitute Improvement Security which conforms to all the requirements of this Section 2 in the same amount or amounts. (d) Any additions, changes, alterations, or modifications of this Agreement or to the Plans, Specifications and Improvements referred to herein, including any extension of time within which the work hereunder may be completed, shall not release or exonerate any surety or sureties on the Improvement Security given in connection with this Agreement.
3. Alterations to Improvement Plans; Modification of City Standards. (a) Any changes, alterations or additions to the Plans or to the Improvements, not exceeding 10% of the original estimated cost of the Improvements, which are mutually agreed upon by City and Subdivider, shall not require Subdivider to increase any Improvement Securities provided under this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the Improvements, Subdivider shall provide additional Performance Security as required by Section 2 of this Agreement for 100% of the total estimated cost of the Improvements as changed, altered, or amended, minus any completed partial releases allowed by Section 7 of this Agreement.
Subdivider shall also provide additional Labor & Materials Security as required by Section 2 of this Agreement for 50 % of the total estimated cost of the Improvements as changed, altered, or amended.
(b) Subdivider shall construct all Improvements in a good and workman like manner and in accordance with the City Standards in effect as of the date of the Approval Action specified on Page One (1) hereof. The City reserves the right to modify the Standards applicable to the Subdivision and this Agreement, when necessary to protect the public safety or welfare or to comply with applicable State or Federal law or City zoning ordinances. If Subdivider requests and is granted an extension of time for completion of the Improvements, the City may apply the Standards in effect at the time the extension is granted.
4. Modification of Drainage Plan. Subdivider agrees that if during the course of construction and installation of Improvements it shall be determined by the City Engineer that revision of the
drainage plan is necessary in the public interest, it will undertake such design and construction changes as may be reasonable and as are indicated by the City Engineer and approved by City Said changes, if any, shall be confined to the Property
5. Reserved.
6. Inspections; Final Acceptance and Certification of Improvements. (a) Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by City inspectors and to the shops wherein any work is in preparation.
(b) Upon completion of the Improvements covered in this Agreement, the Subdivider shall request a final inspection by the City Engineer or his/her authorized representative.
Following receipt of such request, the City Engineer shall inspect the Improvements, make certain determinations and take certain actions as follows:
(i) If the City Engineer, or his/her authorized representative, determines that the Public Improvements requiring acceptance by another public agency have been completed in accordance with this Agreement, then the City Engineer shall request said agency to make a final inspection of such improvements and certify to the City that such improvements have been completed and installed to the satisfaction of said agency. Upon receipt of such certification, the City Engineer may release or reduce the securities held for such improvements. Any certification and/or acceptance of the Public Improvements shall not constitute a waiver of any defects by City.
(ii) For Improvements not requiring dedication to or acceptance by the a public agency (the "Private Improvements"), the City Engineer or his/her authorized representative shall inspect such improvements, and/or shall have the discretion to accept a certification from Subdivider's registered civil engineer stating that the Private Improvements have been completed in accordance with the approved Plans, City Standards and the Tentative Map. If the City Engineer, or his/her authorized representative, makes a finding, based on his/her own inspection (and/or any certification submitted by Subdivider's registered civil engineer) that the Private Improvements have been installed and constructed in accordance with the approved Plans, City Standards and the Tentative Map, the City Engineer shall recommend certification of the completion of the Private Improvements by placing an item on the next most convenient City Council agenda requesting certification and authorization to release the Improvement Securities. Said determination by the City Engineer and agendization of the certification and release shall not be unreasonably withheld or delayed.
(c) Subdivider shall bear all costs of inspection and certification of the Improvements.
7. Release of Improvement Securities.
(a) The Performance Security shall be fully released only upon the final completion and certification of all Private Improvements and Public Improvements. Partial releases may be permitted subject to the provisions of Subsections (a)(i) and (a)(ii) hereof. Upon final completion of the Public and Private Improvements under this Agreement, and after City Council acceptance/certification, the City shall file a Notice of Completion in accordance with the California Civil Code.
(i) The City Engineer may release a portion of the Performance Security, as work on the Improvements progresses, upon written application thereof by the Subdivider; provided, however, that no such release shall be considered by City for an amount less the cost estimate of the remaining work does not exceed twenty percent (20%) or less of the estimate of the total amount of work to be done as shown in Exhibit "B". Upon approval of a partial release or the reduction of Performance Security, the City shall not reduce such Performance Security to an amount less than two hundred percent (200%) of the value of the work remaining to be done. City and Subdivider agree that not more than two requests for reduction or partial release of Performance Security shall be considered between the start of construction and the completion and acceptance/certification of the Improvements by the City.
(ii) In no event shall the City Engineer authorize a release or reduction of the Performance Security which would reduce such security to an amount below that required to guarantee the completion of the Improvements and any other obligations imposed upon Subdivider by this Agreement.
(iii) No partial reduction or release of the Performance Security shall constitute or be construed as the City's acceptance or certification of any Improvements or related work. Such partial reductions or releases (if any) will merely reflect that a certain portion of the required work has been done.
(b) The Labor & Materials Security shall, ninety (90) days after the City's recordation of the Notice of Completion described in Subsection 7(a), be reduced to an amount equal to the total claimed by all claimants for whom liens have been filed and of which notice has been given to City, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the Labor & Materials Security and to cover related legal costs. The balance shall be released upon the settlement of all claims and obligations for which the Labor & Materials Security was given. If no claims or liens have been filed and no notice has been given to City within said ninety (90) day period, then the Labor & Materials Security shall be released in full. (c) The Warranty Security shall not be released until after the expiration of the one-year (1 -year) warranty period and until any claims filed during the warranty period have been settled. As provided in Section 11, below, the warranty period shall not commence until final acceptance/certification of the Improvements and related work by the City Council.
(d) The Monumentation Security may be released in full by the City Engineer in accordance with the terms of the separate monument agreement with the City, or if there is none, upon submittal of the following:
(i) a written certification from the professional engineer or surveyor responsible for setting the monuments stating that all the final monuments for the Subdivision have been set in accordance with the Professional Land Surveyors Act and the Subdivision Map Act, and that the professional engineer or surveyor has been paid in full by Subdivider for such services; and
(ii) centerline tie sheets prepared in a manner acceptable to the City Engineer showing the locations of centerline monuments in existing public or private streets; and
(iii) any Record of Survey required by this Agreement has been filed with the County of Riverside and recorded.
(e) The City may retain from any Improvement Securities released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees.
8. Injury to Public Improvements, Public Property or Public Utilities Facilities.
Subdivider shall replace or repair or cause the repair or replacement of any and all public or private improvements, public utilities facilities and survey or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or private improvements or utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be made to the reasonable satisfaction, and subject to the approval of the City Engineer and the owner of any such public or private improvement.
9. Permits. Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices and pay all fees and taxes required by law.
10. Notice of Breach/Default of Subdivider.
(a) Default of Subdivider shall include, but not be limited to: (1) Subdivider's failure to timely complete construction of the Improvements; (2) Subdivider's unwarranted failure to timely cure any defect in the Improvements; (3) Subdivider's failure to perform substantial construction work for a period of twenty (20) consecutive calendar days after commencement of the work; (4) Subdivider's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which Subdivider fails to discharge within thirty (30) days; (5) the commencement of a foreclosure action against the
Property or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; (6) Subdivider's failure to keep the Improvement Securities in full force and effect; (7) Subdivider's failure to notify the City of any sale, transferor other disposition of the Property to a purported new Subdivider; (8) Subdivider's failure to maintain insurance; or (9) the failure of Subdivider or Subdivider's contractors, subcontractors, agents or employees to comply with any other terms and provisions of this Agreement. (b) In the event of any such default, the City Engineer or the City Council may serve written notice to Subdivider specifying in reasonable detail the nature of the default.
Subdivider shall have thirty (30) days from receipt of said notice to cure the default; provided that, if the default is not reasonably susceptible to being cured within said thirty (30) days, Subdivider shall have a reasonable period of time to cure the default so long as Subdivider commences to cure the default within said thirty (30) days and diligently prosecutes the cure to completion.
(c) If following service of such written notice of default, Subdivider fails to cure or commence curing the default to the satisfaction of City within the cure period specified in Subsection 10(b), above, the City Engineer or the City Council may serve notice of Subdivider's default upon Subdivider and where applicable Subdivider's surety, or the holder(s) of any other Improvement Securities, in accordance with the notice provisions set forth in Section 22 of this Agreement.
(d) In the event of service of the notice of default specified in Subsection 10(c), above, Subdivider's surety shall have the duty to take over and complete the Improvements and related work required under this Agreement; provided; however, that if the surety, within twenty (20) days after the serving upon it of such notice of default, does not give the City written notice of its intention to take over the construction of said Improvements or does not, within ten (10) days after giving City notice of such election, commence to complete the Improvements, City may take over the work and prosecute the Improvements to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any costs or damages occasioned City thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary for the completion of same.
(e) The City reserves to itself all remedies available to it at law or in equity for Subdivider's default under this Agreement. The City shall have the right, subject to this Section, to draw upon or utilize the appropriate Improvement Securities to mitigate City's damages in event of default by Subdivider. The right of City to draw upon or utilize the Improvement Securities is additional to and not in lieu of any other remedy available to City. It is specifically recognized that the estimated costs and amounts of Improvement Securities may not reflect the actual cost of construction or installation of the Improvements, and therefore, City's damages for Subdivider's default shall be measured by the actual cost of completing the required Improvements. The sums provided by the
Improvement Securities may be used by City for the completion of the Improvements in accordance with the Plans.
(f) Failure of Subdivider to comply with the terms of this Agreement, including but not limited to, construction of all the Improvements as set forth herein and as required by the Tentative Map, shall constitute Subdivider's consent to: (1) the filing by City of a notice of violation against all of the lots in the Subdivision; (2) withholding of Building permits, utility connections and/or Certificates of Occupancy. The remedies provided by this Subsection (f) are in addition to and not in lieu of any other remedies available to City at law or in equity. Subdivider agrees that the choice of remedy or remedies for Subdivider's default or breach shall be in the sole discretion of City.
(g) In the event that Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performances of such obligations, including costs of suit and reasonable attorney's fees. (h) The failure of City to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach, or of any subsequent default or breach of Subdivider. Any failure by the City to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision(s) and further shall not act to release any surety from its obligations under this Agreement.
11. Warranty.
(a) For a period of one (1) year after final acceptance/certification by the City Council of the Improvements, Subdivider shall guarantee or warranty all the Improvements against any defective work or labor done or defective materials furnished. If within the warranty period any work relating to the Improvements or any part of thereof furnished, installed, constructed or caused to be done, furnished, installed or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the Plans, Subdivider shall without delay and without any cost to City, commence to repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure within thirty (30) days of receiving written notice from City of the defect and diligently prosecute the repair or replacement work to completion.
(b) Should Subdivider fail to act promptly or in accordance with the repair/replacement requirements set forth herein, Subdivider hereby authorizes City, at City's option, to perform the repair/replacement work twenty (20) days after mailing written notice to Subdivider and to Subdivider's surety, and Subdivider agrees to pay City for the cost of such work.
(c) Should the City determine that an emergency or a threat to the public safety and welfare exists from the condition of the Improvements which require repairs, replacements or remedial measures to be made before Subdivider can be notified, City may, in its sole
discretion, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the cost of such repairs.
12. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's agents, officers, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement.
13. Injury to Improvement Work: Risk of Loss. Until such time as the Public Improvements are accepted by City, Subdivider shall be responsible for and bear the risk of loss to any of the Public Improvements constructed or installed and shall be responsible for the care, maintenance of and any damage to such Public Improvements. Neither City, nor any of its agents, officers or employees shall be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the Public Improvements specified in this Agreement prior to the completion and acceptance of the Public Improvements by City. All such risks shall be the responsibility of and are hereby assumed by Subdivider. Subdivider is responsible for and shall bear the risk of loss for all Private Improvements at all times.
14. Other Agreements. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the Parties, or from entering into agreements with other Subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of City ordinances providing therefor, nor shall anything in this Agreement commit to any such apportionment.
15. Subdivider's Obligation to Warn Public During Construction. Until final acceptance/certification of the Public Improvements pursuant to Section 6(b)(i), and final certification of construction of the Private Improvements pursuant to Section 6(b)(ii), Subdivider shall give good and adequate warning to the public of each and every dangerous condition existent in said Improvements and will take all reasonable actions to protect the public from such dangerous conditions in, on or around the work site.
16. Vesting of Ownership. Upon acceptance of the Public Improvements and related work on behalf of the City, and after recordation of the Notice of Completion, ownership of the Public Improvements constructed within the Private streets in the Development shall vest in the name of the City, or applicable government agency or utility company, and any improvement constructed on any public street pursuant to this Agreement shall vest in City.
17. Indemnity/Hold Harmless.
(a) Neither the City, nor any official, officer, employee, contractor or agent thereof, shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents, subcontractors or employees in the performance of this Agreement. Subdivider hereby agrees to, and shall defend and hold harmless City, its elective and appointive boards, commissions and officers, and its agents, contractors and employees from and against any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys' fees, consultant's fees, expert's fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Page11 of 19
Subdivider's operations, or any subcontractor's operations, to be performed under this Agreement for Subdivider's or subcontractor's tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Subdivider or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by law, with the exception of the sole negligence or willful misconduct of City. (b) Subdivider's indemnity, defense and hold harmless obligations under this Section 17 are not conditioned or dependent upon whether City, or its elective and appointive boards, commissions and officers, or its agents, contractors and employees, prepared, supplied or reviewed any Plans or related specifications in connection with the Improvements, or whether City or Subdivider has insurance or other indemnification covering any of these matters.
(c) Subdivider's obligation to indemnify, hold harmless and defend City shall extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the Improvements. City's acceptance and/or certification of the Improvements shall not constitute an assumption by City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsible or liable for the design or construction of the Improvements constructed or installed pursuant to the Plans, unless the particular Improvement design was required by City over the written objection of Subdivider, which objection stated that the Improvement design was potentially dangerous or defective and set forth a safe and feasible alternative design.
After City's acceptance/certification of the Improvements, Subdivider shall remain obligated to corrector eliminate all dangerous conditions caused by defects in design or construction; provided, however, that the Subdivider shall not be responsible for routine maintenance.
Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement, and except as may be provided above, City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Plans, or in inspecting, reviewing or approving any work or construction of Improvements. Subdivider's Improvement Securities shall not be required to secure Subdivider's obligations under this Section 17.
18. Sale or Disposition of Subdivision; Assignment.
(a) Subdivider acknowledges and agrees that sale, transfer or other disposition of the Property prior to completion of the Improvements required hereunder will not relieve Subdivider from the obligations set forth in this Agreement, and Subdivider shall be required to notify City sixty (60) days in advance of any sale or transfer of ownership of the Property or any proposed assignment of this Agreement. If Subdivider sells or otherwise transfers the Property to any other person or entity prior to final completion of the Improvements, or wishes to assign this Agreement, Subdivider may request a novation of this Agreement and a substitution of Improvement Securities by the new owner or proposed
assignee (hereinafter collectively for purposes of this Section, "Successor"). Subdivider shall be required to provide any documentation reasonably required by City to determine the appropriateness of any proposed Successor.
(b) Any proposed Successor must demonstrate to the City its ability to perform and complete the obligations of Subdivider under this Agreement, as determined by objective standards of financial capability, creditworthiness and experience required for such performance, and the City shall have the right to compel the Successor to disclose all documents, information and other material which, in City's sole reasonable discretion, may establish or tend to establish that the proposed Successor meets the standards specified herein. Following approval by City and full execution of a novation (or other such release or assignment and assumption agreement(s) entered into by Subdivider, Successor and City), posting of satisfactory Improvement Securities and submission of required insurance by Successor, City shall release or reduce the securities posted by Subdivider in accordance with the provisions of such novation and release Subdivider of its obligations under this Agreement. Nothing in the novation (or other such release or assignment and assumption agreement entered into by Subdivider, Successor and City) shall relieve Subdivider of its obligations under any other Section of this Agreement for work or Improvements performed by Subdivider prior to the novation.
19. Time of the Essence. Time is of the essence in this Agreement.
20. Time for Completion of Improvements: Extensions.
(a) Subdivider shall commence and diligently prosecute to completion construction of all the Improvements required by this Agreement. The time for completion of the Improvements as specified in Subsection 1(b) of this Agreement may be extended as permitted by City ordinance. The City Manager may grant an extension of time for such period as may be in the public interest upon the showing of the Subdivider of good cause.
Any such extension granted shall be subject to the limitations and conditions set forth in Subsections 20(b) and (c), below, and shall be made by a writing executed by the in a form as approved by the City Attorney.
(b) Any such extension may be granted without notice to Subdivider's surety and shall not affect the validity of this Agreement or release the surety or sureties on any Improvement Securities given for this Agreement. However, City reserves the right to require as part of any extension amendment a written assurance from the surety acceptable to the City Attorney that the Improvement Securities required by Section 2 of this Agreement shall remain enforceable throughout the term of any extension. (c) The City Manager shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. In addition, the time for completion of the Improvements shall be extended for any delay resulting from an act of City, or from an act of God, which Subdivider could not have reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting of work, and
which were not caused by or contributed to by Subdivider, provided that Subdivider provides City with written notice of the delaying event within fifteen (15) days of the commencement of the delay. In the event of such delaying event, Subdivider shall use all reasonable efforts to remedy same and resume completion of the Improvements as promptly as practicable.
(d) As a condition of granting an extension of time to complete the Improvements required by this Agreement, the City Manager may require Subdivider to furnish new or additional Improvement Securities guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer.
21. Notice. All notices required by or provided for under this Agreement shall be in writing and delivered in person or sent by certified or registered mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with City:
Notice to City:
Attn: City Manager
With a Copy to:
Notice to Subdivider:
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
John Pinkney, Esq.
SBEMP
1800 East Tahquitz Canyon Way
Palm Springs, CA 92262
22. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified in writing by the mutual consent of the Parties.
23. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement.
24. Insurance.
(a) Subdivider shall, at all times during the construction of the Improvements, obtain, carry, maintain, and keep in full force and effect, at its sole cost and expense, policies of insurance of the types and in at least the minimum amounts described below:
(i) Commercial General Liability policy with a minimum combined single limit of One Million Dollars ($1,000,000) for each occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, personal injury and property damage arising out of or in connection with the activities of the Subdivider and its contractors and subcontractors in performance of the work under this Agreement.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001) and shall, in addition to the other coverages specified in this subsection, include coverage for independent contractors, ongoing operations, products and completed operations, contractual liability and personal and advertising injury.
(ii) Commercial Vehicle/Automotive Liability policy covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by Subdivider, its officers, agents, employees, subcontractors or independent contractors in performing the work required by this Agreement.
(iii) Workers' Compensation and Employer's Liability policy for all Subdivider's employees, with Workers' Compensation limits as required by State law and Employer's Liability coverage of $1,000,000 per accident for bodily injury or disease.
In case any work is sublet, Subdivider shall require any contractor or subcontractor similarly to provide Workers' Compensation and Employer's Liability Insurance for all contractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Subdivider.
(1) In case any class of employees engaged in work under this Agreement at the work site(s) is not protected under any Workers' Compensation law, Subdivider shall provide and shall cause each contractor or subcontractor to provide, adequate insurance for the protection of employees not otherwise protected.
(2) Subdivider hereby indemnifies City for any damages or claims resulting from failure of either Subdivider or any contractor of subcontractor to take out or maintain such liability or Workers' Compensation insurance. (b) Insurer Rating: Acceptability. Except as set forth otherwise herein, the policies required by this Section shall be issued by a California -admitted insurer with a rating of at least a A-; VII in the latest edition of Best's Insurance Guide. A Commercial General Liability policy issued by an insurer that is on the California Department of Insurance's List of Approved Surplus Line Insurers ("LASLI") will be acceptable, if no coverage from an
admitted insurer can be obtained by Subdivider, and further provided that such insurer maintains a Best's rating of at least "A-; X" and remains on the LASLI during the term hereof. Workers' Compensation coverage issued by the State Compensation Insurance Fund shall be acceptable if no other coverage can be obtained by Subdivider, and further provided such insurer remains admitted in California and is otherwise financially acceptable to City.
(c) Deductibles. Any deductibles or self -insured retentions must be declared in writing by Subdivider to City and subsequently approved by City prior to its execution of this Agreement and prior to commencement of any work hereunder. At City's option, Subdivider shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Subdivider shall procure a bond guaranteeing payment of losses and expenses.
(d) Certificates and Endorsements Verification. Subdivider shall submit to the City original certificates of insurance and endorsements evidencing the coverages required by this Section. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies at any time and/or to require Subdivider to provide reports or status updates to evidence compliance of its contractors and subcontractors with the provisions of this Section. (e) Required Endorsements.
(i) The Commercial General Liability and Commercial Vehicle/Automotive Liability policies are to contain or be endorsed to contain the following provisions:
(1) Additional Insureds. The City of Beaumont, its officials, officers, employees, agents and independent contractors shall be named as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Subdivider; and with respect to liability arising out of work or operations performed by or on behalf of the Subdivider including materials, parts or equipment furnished in connection with such work or operations.
(2) Primary Insurance. For any claims related to this project, the Subdivider's insurance coverage shall be primary insurance as respects the City of Beaumont, its officials, officers, employees, agents and independent contractors. Any insurance or self-insurance maintained by the City of Beaumont, its officials, officers, employees, agents and independent contractors shall be excess of the Subdivider's insurance and shall not contribute with it. This endorsement is not applicable to the Commercial Vehicle/Automotive Liability Policy
(3) Waiver of Subrogation. Endorsements waiving all rights of subrogation against the City of Beaumont, its officials, officers, employees, agents and independent contractors shall be provided.
(ii) The Workers' Compensation policy shall be endorsed to waive all rights of subrogation against the City of Beaumont, its officials, officers, employees, agents and independent contractors.
(f) Other Insurance Requirements. All policies required under this Agreement shall contain provisions stating that such policies cannot be canceled or reduced except on at least thirty (30) days prior written notice to Subdivider (ten (10) days' notice for cancellation due to non-payment). Subdivider further agrees to: (1) provide to City copies of any notices relating to cancellation or reduction of insurance within two (2) days of receipt; and (2) cause all certificates of insurance to include language indicating that the issuers or producers of such policies will endeavor to provide copies of any such notices directly to City.
(g) Commencement of Work. Subdivider shall not commence work under this Agreement until Subdivider has obtained all insurance required pursuant to this Section, and such insurance has been obtained by Subdivider and approved by City; nor shall Subdivider allow any contractor or subcontractor to commence work on the Improvements until all similar insurance required of the contractor or subcontractor has been obtained.
Certificates, endorsements, and where applicable, full copies of policies shall be maintained on file with the City Clerk.
(h) Higher Limits. If Subdivider maintains higher limits than the minimums specified in this Section 25, the City requires and shall be entitled to coverage for the higher limits maintained by Subdivider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
25. Attorneys' Fees. In the event any action at law or in equity is brought to enforce the terms of this Agreement, the prevailing Party shall be entitled to litigation costs and reasonable attorneys' fees.
26. Incorporation of Recitals. The Recitals to this Agreement are hereby incorporated into in the terms of this Agreement.
27. Entire Agreement. This Agreement constitutes the entire agreement of the Parties and supersedes any prior written or oral agreements between them with respect to the subject matter hereof. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the Parties.
28. Governing Law; Venue. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California. In the event that suit shall be brought by either Party to this contract, the Parties agree that venue shall be exclusively vested in the State courts
of the County of Riverside, California or where appropriate, in the United States District Court, Southern District of California, Riverside, California.
29. Runs with the Land; Recordation.
(a) The Parties agree that the terms and provisions set forth in this Agreement shall be deemed provisions, terms and/or covenants running with the Property in accordance with applicable law, including without limitation, California Civil Code section 1468, and shall pass to and be binding upon the heirs, successors and assigns of the Parties to this Agreement, and on any successor owner of the Property.
(b) The provisions of Subsection 29(a) notwithstanding, Subdivider shall remain jointly and severally liable with its heirs, successors, assigns or successor owners of the Property for the responsibilities and liabilities imposed by this Agreement unless a novation or assignment agreement is executed in accordance with the provisions of Section 18 of this Agreement.
(c) Upon execution, this Agreement shall be recorded in the Official Records of Riverside County, and by such recordation, it is the intention of the Parties to give notice to and bind their successors, heirs and assigns hereto.
30. Authority of Executing Parties. Each person executing this Agreement on behalf of a Party represents and warrants that such person is duly and validly authorized to do so all behalf of the entity it purports to bind and that he/she is authorized to enter into contracts on behalf of Subdivider. The undersigned, on behalf of Subdivider, binds Subdivider, its partners, successors, executors, administrators, and assigns with respect to the terms and provisions of this Agreement.
IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto on the date above first written.
Subdivider: City:
Beaumont Sundance, LLC
Limited Liability Company
Signature:
Please see attached
CA Notarial Certificate
for Notarization
!Jutish Nachiappan
Notary Public
CITY OF BEAUMONT
a Municipal Corporation
nature:
ATTEST:
City Manager
City Clerk
APPROVED AS TO FORM:
John Pinkney, City Attorney
APPROVED AS TO CONTENT.
Jeff Hart, Dir. Of Engineering/Public Works
Attachments: Exhibit A Legal description of Property
Exhibit B Cost estimate(s)
(Proper Notarization of Subdivider's Signature is required and shall be attached)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Califomia
County of Los Angeles
On 2-20-2024 before me, Muthiah Nachiappan, Notary Public, personally appeared Benjamin Shlomi , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct.
EDMUTHIAH NACHIAPPAN e COMM # 2340360 rrpp NOTARY PUBLIC -CALIFORNIA VI COUN S
MY CoNM. EXP. JAN. 13, 2025 "''
WITNESS m
Signat
OPTIONAL
official seal.
Nachiappan, Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Date Document Signed: 2-20-24
Subdivision Improvement Agreement
Signer(s) Other Than Named Above: City of Beaumont
Capacity(ies) Claimed by Signer
Signer's Name: _
p❑❑❑❑❑❑
Individual
Corporate Officer — Title(s):
Partner — Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Benjamin Shlomi
Number of Pages: 19
Subdivider
Signer Is Representing: Beaumont Sundance. LLC
RIGHT
THUMBPRINT OF
Al Live Scan & Notary Services • 631 South Olive Street, Suite 200, Los Angeles, CA 90014 Tel: 213-489-4559 • Fax: 213-489-4840 • E -Mail: [email protected] • Website: www.allivescan.com
THE TERM OF THIS BOND IS TWO (2) YEARS.
BOND NO. 4462622
PW #: 2022-0954
File #:
PREMIUM: $250.00
PERFORMANCE BOND
WHEREAS, the City of Beaumont, State of California, and BEAUMONT SUNDANCE, LLC (hereinafter designated as "Principal") have entered into Agreement To Provide Security For Improvements For Tract Map Or Parcel Map Or Plot Plan, dated , 20 , whereby Principal agrees to install and complete certain designated public improvements itemized and described on Tract Map, Parcel Map or Plot Plan No. which is hereby incorporated herein and made a part hereof; and WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and SURETEC INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the penal sum of EIGHT THOUSAND FIVE HUNDRED AND 00/100 dollars ($ 8,500.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment therein rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
[signatures on following page]
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 31ST of JANUARY . 20 24
(Seal)
SURETY
SURETEC INSURANCE COMPANY A BEAUMONT SUNDANCE, LLC
Please see attached
CA Notarial Certificate
for Notarization
(Seal)
Muthiah Nachiappan
Notary Pubic
By: /V(
Name: MARK D. IATAROLA
Title: ATTORNEY -FACT
Address:3111 CAMINO DEL RIO NORTH, SUITE 900
SAN DIEGO, CA 92108 (619) 400-4100
PRINCIPAL
B
Name: BENJAMIN SHLOMI
Title: MANAGER
By:
Name:
Title:
Address: 1059 TIERRA DEL REY, SUITE L
CHULA VISTA, CA 91910
ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
On
SAN DIEGO
1/31/2024
Date
personally appeared
}
before me,
TRACY RODRIGUEZ, NOTARY PUBLIC
Here Insert Name and Title of the Officer
MARK D. IATAROLA
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ e-subscribed to the within instrument and acknowledged to me that he/ahc/they executed the same in his/iier/their authorized capacity(fes), and that by his/herit+heir signature(e) on the instrument the person(€), or the entity upon behalf of which the person(s) acted, executed the instrument.
TRACY RODRIGUEZ
Notary Public • California
San Diego County
Commission # 2476520
My Comm. Expires Jan 11. 2028
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
at2VIE Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: MARK D. IATAROLA
❑ Corporate Officer — Title(s):
❑ Partner — 0 Limited 0 General
❑ Individual 131 Attorney in Fact
❑ Trustee ❑ Guardian of Conservator
❑ Other:
Signer is Representing:
©2017 National Notary Association
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — 0 Limited 0 General
❑ Individual 0 Attorney in Fact
❑ Trustee 0 Guardian of Conservator
❑ Other:
Signer is Representing:
POA #: 510021
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint
Helen Maloney, Mark D. Iatarola, John G. Maloney, Sandra Figueroa its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 00/100 Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board. of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20" of April, 1999.)
In Witness Whereof SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this zath day of March , A.D. 2023 ry�yFt....
it) 4 'iO4' By:
a w n Michael C. Keimig, Presiden
State of Texas ss:
County of Harris
SURETEC INSURANCE COMPANY
On this tam day of March , A.D. 2023 before me personally came Michael C. Keimig, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order.
TANYA SNEED
Notary Public State of Texas
/ Commission # 128571231
' . ` `�'' Commission Expires 03/30/2027
Tanya Sneed, Nota ublic
My commission expires March 30, 2027
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this 31ST a of J' UA / 2024 , A.D.
IB nt Bea _ , . ssistant ' •cretary
Any instrument issued in excess of the penalty stated above is totally void and without any validity. 510021 For verification of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and 5:00 pm CST.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On 2-20-2024 before me, Muthiah Nachiappan, Notary Public, personally appeared Benjamin Shlomi , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct.
MUTHIAH NACHIAPPAN
COMM.# 2340360
NOTARY PUBLIC•CALIFORNIA VI
COUNTY OF LOS ANGELES
MY Comm. EXP. JAN. 13, 2025 E
WITNESS my hand and o
Signature
OPTIONAL
pan, Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Performance Bond
Date Document Signed: 2-20-24
Signer(s) Other Than Named Above: Suretec Insurance Comcan; Capacity(ies) Claimed by Signer
Signer's Name: Benjamin Shlomi
o❑❑❑❑❑❑
Individual
Corporate Officer — Title(s):
Partner — Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Principal
Number of Pages: 2
Signer Is Representing: Beaumont Sundance, LLC
RIGHT
THUMBPRINT OF
Al Live Scan & Notary Services • 631 South Olive Street, Suite 200, Los Angeles, CA 90014 Tel: 213-489-4559 • Fax: 213-489-4840 • E -Mail: al [email protected] • Website: www.allivescan.com
THE TERM OF THIS BOND IS TWO (2) YEARS.
* EIGHT THOUSAND FIVE HUNDRED AND 00/100
PAYMENT BOND
BOND NO. 4462622
PREMIUM INCLUDED IN PERFORMANCE BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and BEAUMONT SUNDANCE, LLC (hereafter designated as "the Principal") have entered into Agreement To Provide Security For Improvements For Tract Map Or Parcel Map Or Plot Plan, dated 2120) % 20 0, whereby Principal agrees to install and complete certain designated public im rovemen Which is h reby incorporated herein and made a part hereof; and WHEREAS, under the terms of the said agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont to secure the claims to which reference is made in Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code of the State of California.
NOW, THEREFORE, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to at Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code in the sum of * dollars ($ 8.500.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
[signatures on following page]
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 31ST of JANUARY, 20 24
(Seal)
SURETY
SURETEC INSURANCE COMPANY BEAUMONT SUNDANCE, LLC
By: By:1
Please see attached
CA Notarial Certificate
(Seal) for Notarization
Muthtah Nachiappan
PRINCIPAL Notary Public
Name: MARK D. IATAROLA Name: BENJAMIN SHLOMI
Title: ATTORNEY -IN -FACT Title: MANAGER
Address: 3111 CAMINO DEL RIO NORTH, SUITE 90Q
SAN DIEGO, CA 92108 (619) 400-4100
By:
Name:
Title:
Address: 1059 TIERRA DEL REY, SUITE L
CHULA VISTA, CA 91910
ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of SAN DIEGO
On
1/31/2024
Date
personally appeared
before me,
}
TRACY RODRIGUEZ, NOTARY PUBLIC
Here Insert Name and Title of the Officer
MARK D. IATAROLA
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(si is/are-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/iter/theif authorized capacity(ies), and that by his/hcr/thcir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(a) acted, executed the instrument.
TRACY RODRIGUEZ
Notary Public • California
San Diego County
Commission # 2476520
My Comm. Expires Jan 11. 2028
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. f(A�
Sig
ture No ublic
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: MARK D. IATAROLA
❑ Corporate Officer — Title(s):
❑ Partner — 0 Limited 0 General
❑ Individual In Attorney in Fact
❑ Trustee 0 Guardian of Conservator
❑ Other:
Signer is Representing:
V
©2017 National Notary Association
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — 0 Limited ❑ General
❑ Individual 0 Attorney in Fact
❑ Trustee 0 Guardian of Conservator
O Other:
Signer is Representing:
POA to: 510021
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint
Helen Maloney, Mark D. latarola, John G. Maloney, Sandra Figueroa its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 00/100 Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached, (Adopted at a meeting held on 20'" of April, 1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 28th day of March , A.D. 2023
SURETEC INSURANCE COMPANY
By:
State of Texas ss:
County of Harris
Michael C. Keimig, Presiden
On this 28th day of March , A.D. 2023 before me personally came Michael C. Keimig, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. .;a..„, _ TANYA SNEED
;'1 Notary Public State of Texas
}4: Commission # 128571231 ,
`' Commission Expires 03/30/2027
Tanya Sneed, Nota ublic
My commission expires March 30, 2027
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this 31 ST a of J UA nt Bea " , ssistant
2024 , A.D.
cretary
Any instrument issued in excess of the penalty stated above is totally void and without any validity. 510021 For verification of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and 5:00 pm CST
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On 2-20-2024 before me, Muthiah Nachiappan, Notary Public, personally appeared Benjamin Shlomi , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct.
WITNESS my h. • . • : ' cial seal.
/0"144., MUTHIAH NACHIAPPAN
COMM. # 2340360 In
$; NOTARY PUBLIC•CALIFORNIA vi
COUNTY OF Los ANGELES -•
MY COMM. EXP. JAN. 13, 2025 E
Signature
OPTIONAL
Nachiappan, Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Date Document Signed: 2-20-24
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
p❑❑❑❑❑❑
Individual
Corporate Officer — Title(s):
Partner — Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Palment Bond
Suretec Insurance Com;:•an;
Benjamin Shlomi
Principal
Signer Is Representing: Beaumont Sundance. LLC
Number of Pages: 2
RIGHT
THUMBPRINT OF
Al Live Scan & Notary Services • 631 South Olive Street, Suite 200, Los Angeles, CA 90014 Tel: 213-489-4559 • Fax: 213-489-4840 • E -Mail: al [email protected] • Website: www.allivescan.com
Michael Baker
INTERNATIONAL
January 10, 2024 JN 154876
City of Beaumont
Public Works Department
550 E 6th Street
Beaumont, CA 92223
Subject: Sundance Corporate Center — Parcel Map No. 38519 Monumentation Estimate
PW2022-0954
To whom it may concern:
The estimated cost for material and labor to install the survey monuments as shown on Parcel Map No. 38519 is $8,500.
Please contact me at 760-346-7481 should any questions arise regarding this cost estimate.
Christopher Alberts, PLS 8508
Vice President
75-410 Gerald Ford Drive, Suite 100
Palm Desert, CA 92211
Office: 760.346.7481
10/16/23, 4:04 PM Mail - Richard Godsey - Outlook
RE: PW2022-0954 - FPM 38519 Lot 4 Sundance Corporate Center - Dept Approval Sara Retmier
Fri 10/13/2023 10:13 AM
To: Richard Godsey
Cc: Emma Johnson
No comments.
SARA RETMIER
Chief Building Official
City of Beaumont
550 E. 6th Street, Beaumont, Ca 92223
Desk (951) 769-8517
BeaumontCa.gov
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BEAUMONT
C AI IF ORNIA
#ACITYELEVATED
From: Richard Godsey
Sent: Wednesday, October 11, 2023 3:44 PM
To: Sara Retmier ; Doug Story ; Kylie Tillema
; Carole Kendrick
Cc: Emma Johnson
Subject: PW2022-0954 - FPM 38519 Lot 4 Sundance Corporate Center - Dept Approval Good afternoon all,
Please see the attached map and provide response indicating your department's approval/rejection. Our consultants have designated this map as "technically correct" and require your approvals in order to proceed with the process.
Let me know if you have any questions.
Thank you,
Richard Godsey, E.I.T.
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10/16/23, 4:03 PM Mail - Richard Godsey - Outlook
Re: PW2022-0954 - FPM 38519 Lot 4 Sundance Corporate Center - Dept Approval Doug Story
Wed 10/11/2023 4:13 PM
To: Richard Godsey ;Sara Retmier ;Kylie Tillema
;Carole Kendrick
Cc: Emma Johnson
No comments
DOUG STORY
Community Services Director
City of Beaumont
550 E. 6th Street, Beaumont, Ca 92223
Desk (951) 572-3235 1 Cell (951) 390-0062
BeaumontCa.gov
From: Richard Godsey
Sent: Wednesday, October 11, 2023 3:43:53 PM
To: Sara Retmier ; Doug Story ; Kylie Tillema
; Carole Kendrick
Cc: Emma Johnson
Subject: PW2022-0954 - FPM 38519 Lot 4 Sundance Corporate Center - Dept Approval Good afternoon all,
Please see the attached map and provide response indicating your department's approval/rejection. Our consultants have designated this map as "technically correct" and require your approvals in order to proceed with the process.
Let me know if you have any questions.
Thank you,
Richard Godsey, E.I.T.
Public Works Engineering Development Technician I
City of Beaumont
550 E. 6th Street, Beaumont, Ca 92223
Desk (951) 769-8520 ext. 344 1 Fax (951) 769-8526
BeaumontCa.gov
Facebook 1 Twitter 1 Instagram 1 YouTube
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10/16/23, 4:06 PM
Mail - Richard Godsey - Outlook
RE: PW2022-0954 - FPM 38519 Lot 4 Sundance Corporate Center - Dept Approval Kylie Tillema
Mon 10/16/2023 1:34 PM
To: Richard Godsey
Approved.
Thank you,
Kylie Tillema
Deputy Fire Marshal/Office of the Fire Marshal
CAL FIRE/Riverside County Fire Department
Desk: 951-955-7828 1 Cell: 951-238-9684
4080 Lemon Street, 10th Floor
Riverside, CA 92501
[email protected]
From: Richard Godsey
Sent: Monday, October 16, 2023 9:17 AM
To: Kylie Tillema
Subject: Re: PW2022-0954 - FPM 38519 Lot 4 Sundance Corporate Center - Dept Approval Good morning Kylie,
I wanted to follow up on my previous email. Would you be able to express approval/no comment for this map?
Thank you,
Richard Godsey, E.I.T.
Public Works Engineering Development Technician I
City of Beaumont
550 E. 6th Street, Beaumont, Ca 92223
Desk (951) 769-8520 ext. 344 1 Fax (951) 769-8526
BeaumontCa.gov
Facebook I Twitter I Instagram I YouTube
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10/16/23, 4:07 PM Mail - Richard Godsey - Outlook
RE: PW2022-0954 - FPM 38519 Lot 4 Sundance Corporate Center - Dept Approval Chris Ramos
Mon 10/16/2023 3:55 PM
To: Richard Godsey
Cc: Emma Johnson
No comments or conditions from PD.
From: Richard Godsey
Sent: Monday, October 16, 2023 3:49 PM
To: Chris Ramos
Cc: Emma Johnson
Subject: Fw: PW2022-0954 - FPM 38519 Lot 4 Sundance Corporate Center - Dept Approval Good afternoon Lieutenant,
I meant to send this to you as well, however, please see the attached Final Parcel Map and express approval or comment if appropriate.
Thank you,
Richard Godsey, E.I.T.
Public Works Engineering Development Technician I
City of Beaumont
550 E. 6th Street, Beaumont, Ca 92223
Desk (951) 769-8520 ext. 344 1 Fax (951) 769-8526
BeaumontCa.gov
Facebook 1 Twitter 1 Instagram 1 YouTube
BEAUMONT
CAL IFORNIA
#ACITYELEVATED
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10/16/23, 4:03 PM Mail - Richard Godsey - Outlook
RE: PW2022-0954 - FPM 38519 Lot 4 Sundance Corporate Center - Dept Approval Jillian Fountain
Thu 10/12/2023 2:32 PM
To: Richard Godsey ;Emma Johnson
Planning has no comments. Do you need a stamp or a comment letter? Thank you!
From: Carole Kendrick
Sent: Wednesday, October 11, 2023 3:46 PM
To: Jillian Fountain
Subject: FW: PW2022-0954 - FPM 38519 Lot 4 Sundance Corporate Center - Dept Approval Hi Jill,
Can you check this against the TPM and COA's?
Thanks,
Carole
From: Richard Godsey
Sent: Wednesday, October 11, 2023 3:44 PM
To: Sara Retmier ; Doug Story ; Kylie Tillema
; Carole Kendrick
Cc: Emma Johnson
Subject: PW2022-0954 - FPM 38519 Lot 4 Sundance Corporate Center - Dept Approval Good afternoon all,
Please see the attached map and provide response indicating your department's approval/rejection. Our consultants have designated this map as "technically correct" and require your approvals in order to proceed with the process.
Let me know if you have any questions.
Thank you,
Richard Godsey, E.I.T.
Public Works Engineering Development Technician I
City of Beaumont
550 E. 6th Street, Beaumont, Ca 92223
Desk (951) 769-8520 ext. 344 1 Fax (951) 769-8526
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BEAUMONT
- C !� 1 1 0 R N A
Staff Report
TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE March 19, 2024
SUBJECT: Public Hearing and Consideration of the Beaumont Pointe Specific Plan and a Purchase with a Fifty -Five (55) Year Lease Back
Description A request to annex 541.2 acres of unincorporated Riverside County properties within the Sphere of Influence of the City of Beaumont into the City accompanied by a Plan of Services; a pre -zone to establish a specific plan zone; amend the General Plan land use designation from Rural Residential (1 acre lots) to Industrial (I), General Commercial (GC), and Open Space (OS); a Specific Plan to allow up to 4,995,000 square feet of industrial uses within five (5) buildings plus a 35,000 square foot self -storage building, up to 246,000 square feet of general commercial uses, a 125 room hotel (approximately 90,000 square feet), for a total of approximately 5,331,000 square feet, 124.7 acres of open space and 152.4 acres of open space conservation; a development agreement between the City of Beaumont and Beaumont Pointe Partners, LLC; a purchase fifty-five (55) year lease back and a Vesting Tentative Parcel Map to subdivide the property as follows: 622.50 gross acres into 13 numbered lots with a range of 1.66 to 70.43 acres, 10 lettered lots with a range of 0.03 to 54.50 acres and one (1) 81.30 acre remainder parcel; a comprehensive sign program and the consideration of the Final Environmental Impact Report (FEIR) including the Draft Environmental Impact Report (DEIR) and Statement of Overriding Considerations for 539.9 acres located on the south side of the 60 Freeway, west of Jack Rabbit Trail and north of the proposed extension of Fourth Street (APNs: 422-060-002, -005, -009, -010, -016 thru -018, -021, -022, 422-170-005, -007 thru -011).
Background and Analysis:
The applicant is requesting adoption/approval of several applications that have been submitted over a period of four (4) years. The individual requests are broken down below:
Annexation (PLAN2023-0931) was entered into the system on March 7, 2023. The project proposes to annex approximately 540 acres of land from unincorporated Riverside County, within the City of Beaumont Sphere of Influence, into the Beaumont
City limits. A Sphere of Influence is a planning tool adopted and used by the Local Agency Formation Commission (LAFCO) to designate future boundary and service area for a City or special district. The proposal also includes a request to annex into the Beaumont Cherry Valley Water District (BCVWD). Prior to LAFCO consideration of an annexation, the City will have to certify the Environmental Impact Report (EIR) for the proposed project in addition to the pre -zoning.
Plan of Service (PLAN 2023-0932) provides the City, LAFCO, affected property owners, and other interested persons with information regarding existing and proposed local government services for the project services. The Plan of Service (POS) is a requirement for the annexation request and is provided in Attachment L.
General Plan Amendment (PLAN2019-0284) was submitted on April 11, 2019, and is required by the Beaumont Municipal Code per Section 17.02.090 and California Government Code Section 65358 to allow for the amendment of the City of Beaumont General Plan. The project is proposing to amend the 2040 Beaumont General Plan land use designation from Rural Residential — 1 Acre Minimum on 539.9 acres to Industrial on 226.3 acres, General Commercial on 28.8 acres, 269.4 acres to Open Space, and 15.4 acres of public roads. The existing General Plan Land Use Designation Map is provided as Attachment A to this staff and the proposed amendment is provided as Attachment B. The County of Riverside General Plan land use designations for the subject properties include Open Space/Rural and Rural Mountainous.
Pre -Zone (PLAN2019-0283) was submitted on April 11, 2019, and is required per Beaumont Municipal Code, Section 17.02.080.A any person who is able to demonstrate a legal vested interest in the proposed application may initiate applications for a change of zone or zoning ordinance text amendment. The proposed application is requesting to pre -zone the subject properties to Specific Plan (Beaumont Pointe). The subject properties are currently zoned W-2-20 (Controlled Development Areas) by the County of Riverside. Riverside County Ordinance 348.4997, Article XV, Section 15.1 establishes planning and zoning regulations for the W-2 zone and allows for one -family dwellings, farming operations and animal keeping.
Specific Plan (SP2019-0003) was submitted on April 11, 2019. A specific plan is defined as a planning document that contains detailed development standards and implementation measures to which future projects located within a geographic area must adhere. Government Code 65453(a) states that a "specific plan shall be prepared, adopted, and amended in the same manner as a general plan, except that a specific plan may be adopted by resolution or by ordinance and may be amended as often as deemed necessary by the legislative body.
The proposed project is requesting a specific plan on 539.9 -acres to include four (4) land uses as shown in the table below:
Land Use Designation
Acreage
Maximum Building Sq. Ft.
General Commercial
30.2 246,0001
Industrial
232.6
4,995,000
Open Space
124.7
N/A
Open Space — Conservation
152.4
N/A
Note 1: The General Commercial area (PA 1 & 2 is anticipated to include a 125 -room limited -service hotel at approximately 90,000 square feet. The hotel square footage is not counted as part of the General Commercial's square footage.
The draft Beaumont Pointe Specific Plan is provided as Attachment M to this staff report and covers the project introduction, development plan, development standards, design guidelines, and the implementation plan.
Vesting Tentative Parcel Map No. 38161 (PM2022-0012) is required by the Beaumont Municipal Code per Section 16.04.010 that all land divisions in the incorporated area of the City, as defined in this title, are subject to all of the applicable provisions of the Subdivision Map Act and the Beaumont Municipal Code. The tentative parcel map proposes to subdivide the property as follows: 622.50 gross acres into 13 numbered lots with a range of 1.66 to 70.43 acres, 10 lettered lots with a range of 0.03 to 54.50 acres and one (1) 81.30 -acre remainder parcel (APNs: 422-060-002, -005, -009, -010, -016 thru -018, -021, -022, 422-170-005, -007 thru -011 (see Attachment N)).
Development Agreement (PLAN2023-0932) Government Code, Section 65864- 65869.5 authorizes cities to enter into binding development agreements with the person having legal or equitable interests in real property for the development of such property.
The City of Beaumont Resolution No. 1987-34 establishes procedures for consideration of applications for such agreements.
Article 3, Section 301 of Resolution No. 1987-34 states that after the hearing by the Planning Commission, the Planning Commission shall make its recommendation in writing to the City Council. The recommendation shall include the Planning Commission's determination whether or not the development agreement is consistent with the required findings.
A development agreement is proposed for this project (see Attachment K). The development agreement lays out certain parameters and assurances for both the City and the developer. Key points of the proposed development agreement include an initial
ten (10) year term with one five (5) year extension available and no fees are waived or locked in; a community benefit contribution in the amount of one (1) dollar per square foot of industrial to be paid per building prior to issuance of Certificate of Occupancy; and a requirement that the developer must participate in formation of a Community Facilities District (CFD) or annex the project into an existing CFD to pay for the cost of infrastructure and services.
Letter of Intent (LOI) The LOI sets forth terms and conditions related to the sale, lease back and development of a commercial project on approximately eighteen (18) acres in the commercial planning area. The City would purchase the Property from Beaumont Pointe at the price of $1,000.00, subject to the lease of the Property by Beaumont Pointe or an affiliate entity managed by Beaumont Pointe. If Beaumont Pointe does not negotiate and execute a binding lease with a third -party tenant for space in the Project, prior to the tenth (10t") anniversary of the Lease Commencement Date, the Lease may be terminated at the City's option in which event, the City would retain the fee simple interest in the Property, after reimbursement to Beaumont Pointe for all of its Project Costs in an amount not to exceed $10,000,000, Carry Costs and Interest.
The term of the lease would be fifty-five (55) years. At the end of the Term, the City would convey the fee interest in the Property back to Beaumont Pointe in consideration of the payment by Beaumont Pointe to the City of the fair market value of the graded and improved pad at the Property, exclusive of the value of the vertical improvements constructed.
Prior to the completion of the Project and occupancy by third -party tenants, the Base Rent would be $100.00 per year. Once the Project is completed and occupied by one or more third -party tenants under subleases with Beaumont Pointe, Base Rent under the Ground Lease would equal fifty percent (50%) of all net rent and other income generated by the project actually received by Beaumont Pointe, after Beaumont Pointe is reimbursed in full for all of its project costs, carry costs and accrued interest on both, at the rate of eight percent (8%) per year and debt service on any mortgages for the vertical improvements at the property and capital contributed by Beaumont Pointe's equity partners.
Beaumont Pointe will build the infrastructure improvements for the project, including a rough -graded development pad on -site, and off -site all perimeter roads for the street surrounding the property, sidewalks, gutters, storm drains, paving as required in the Specific Plan, and all wet and dry utilities located in the streets surrounding the property and will pay for all related costs. The project costs are estimated to exceed $10,000,000, and would be reimbursed to Beaumont Pointe as a first priority payment
from rent, sale proceeds or other income generated by the project, together with carry costs and interest, in a maximum amount of $10,000,000.
Sign Program (PLAN2022-0856) The Municipal Code of the City of Beaumont Section
17.07.030.L allows sign programs for specific developments, as well as special sign districts or special sign overlay zones, or in specific plans of land uses, when approved as required by applicable law, may modify the rules stated as to sign size, height, illumination, spacing, orientation or other non -communicative aspects of signs, but may not override or modify any of the basic policies. The proposed sign program is provided as Attachment P to this staff report.
The Beaumont Pointe Specific Plan Sign Program proposes four (4) 50' freeway - oriented pylon sign; 10 secondary project and tenant monumentation with 55.25 square feet of identification panels, 120.75 square feet of mural area with total dimensions of 8' by 22'; and one primary monumentation sign with 90 square feet of identification area, 132 square feet of mural area with total dimensions of 6' by 27'.
Environmental Impact Report (ENV2019-0008) (SCH#2020099007) due to the scope of the project, the City of Beaumont has determined that an Environmental Impact Report (EIR) is for required for this project and no initial study is required pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15063(a).
Accordingly, and in conformance with CEQA Guidelines Section 15121(a), the purposes of this EIR are to:
1. Disclose information by informing public agency decision -makers and the public generally of the significant environmental effects associated with all phases of the project.
2. Identify possible ways to minimize or avoid those significant effects.
3. To describe a reasonable range of alternatives to the project that would feasibly attain most of the basic project objectives but would avoid or substantially lessen its significant environmental effects.
Please see the Environmental Documentation section in this staff report for more information or the following attachments:
• Attachment G — Draft Environmental Impact Report
• Attachment H — Final Environmental Impact
• Attachment I — Draft Findings of Facts of Overriding Considerations • Attachment J — Draft Mitigation Monitoring and Reporting Program
Project Setting:
The 539.9 -acre project site is currently vacant and is located on 15 parcels (APNs: 422- 060-002, -005, -009, -010, -016 through -018, -021, -022, 422-170-005, -007 through - 011). This site is largely unimproved with overhead power lines and Jack Rabbit Trail, that is in poor condition. The parcels to the west and south are vacant land with the exception of Hoy Ranch located south of the subject properties. To the east is the newly construct Amazon facility and the United Legwear facility that is currently under construction. Highway 60 is located to the north, and heading further north is open space land and the Olivewood Community (Heartland Specific Plan).
The project setting can also be seen in the following materials attached to this staff report:
• Existing General Plan Land Use Map (Attachment A)
• Zoning Map (Attachment C)
• County Zoning Map (Attachment D)
• Aerial Photograph (Attachment F)
The land uses, zoning, and General Plan land use designations of the project site and surrounding area are shown in the following Table.
LAND USE
GENERAL
PLAN
ZONING
PROJECT
SITE
Vacant Land
Rural
Residential — 1
AC/Minimum
County of Riverside
NORTH
Highway 60 and Open
Space adjacent to the
Olivewood Community
County of
Riverside W-2-
10 Specific Plan
(Heartland referred
to as Olivewood)
SOUTH
Vacant Land and Hoy
Ranch
County of
Riverside
County of Riverside
EAST
Amazon and United
Legwear Facilities
Industrial
Specific Plan
(Hidden Canyon)
WEST
Vacant Land
County of
County of Riverside
Riverside
Specific Plan:
The Specific Plan is broken down into five (5) chapters that include the introduction, development plan, development standards, design guidelines and the implementation plan (see Attachment M). The Specific Plan also includes 34 figures and 8 tables to illustrate the project as it stands today and as it proposed.
Chapter 1 — Introduction
This chapter establishes the goals and purposes of the Specific Plan, its physical context, its relationship to other regulations and planning documents, and its development goals. The sections included in this chapter include:
1.1 Project Vision
1.2 Project Summary
1.3 Project Location
1.4 Surrounding Land Uses & Development
1.5 Document Purpose
1.6 Specific Plan Format
1.7 Planning Approach
1.8 Specific Plan Goals
1.9 Discretionary Actions and Approvals
Chapter 2 — Development Plan
Chapter two (2) provides descriptions of the Beaumont Pointe Land Use Plan, the circulation system, and the plans for infrastructure including, but not limited to potable water, reclaimed water, sewer, drainage, grading, and fire protection. The Beaumont Pointe Specific Plan establishes a mixture of Industrial, General Commercial, Open Space, and Open Space - Conservation Land Uses on 539.9 acres, providing approximately 5,331,000 -square feet of industrial and light manufacturing, as well as hospitality, restaurants, retail, office and recreation uses, and other employment opportunities.
The Industrial Land Use Designation encompasses a total of 232.6 acres of the Specific Plan, with a total maximum of up to 4,995,000 -square feet of industrial and light manufacturing space permitted across six Planning Areas. Buildings in Planning Areas 3-8 are envisioned to range in size from approximately 35,000 -square feet up to approximately 1,379,000 -square feet and accommodate users such as industrial incubators, light manufacturing, parcel hub, warehouse/storage, fulfillment center, high cube warehouse, cold storage warehouse, and e -commerce operations.
The Specific Plan also establishes the 30.2 -acre General Commercial designated area in Planning Areas 1 and 2, named "The Experience at Beaumont Pointe". Envisioned as a premier, state -of the -art recreation, restaurant, and hospitality destination within the City of Beaumont.
The project provides for 277.1 acres of open space, which is comprised of 124.7 acres designated "Open Space" to accommodate manufactured slopes and fuel modification areas which buffer the development area from the approximately 152.4 acres of the site designated "Open Space - Conservation". This area will be conveyed to the Western Riverside County Regional Conservation Authority (RCA), to contribute to the Multiple Species Habitat Conservation Plan (MSHCP) preserve within the Badlands.
Table 2-1 of the Beaumont Pointe Specific Plan (see Attachment M), Land Use Plan Statistical Summary, lists each Planning Area and its respective General Plan Land Use Designation, acreage, and overall development intensity (Maximum Building Square Footage) by General Plan Land Use Designations. The Specific Plan General Development Criteria, Development Standards, and Planning Area Standards provided in Chapter 3 are applicable to each Planning Area. The physical arrangement of General Plan Land Uses, acreages, Planning Areas, and the major roadways within and abutting the Beaumont Pointe Specific Plan are depicted by Figure 2-1, Conceptual Land Use Plan.
PA
LAND USE DESIGNATION
ACRES
BUILDING SQUARE FOOTAGE (GROSS
FLOOR AREA OF A BUILDING)
1 General Commercial
26.0 246,0001
2 General Commercial
4.2 General Commercial Subtotal
30.2 246,000
3 Industrial
1.8 35,000
4 Industrial
67.3 1,379,000
5 Industrial
52.2 981,000
6 Industrial
33.6 700,000
7 Industrial
30.2 600,000
8 Industrial
47.5 1,300,00
Industrial Subtotal
232.6 4,995,000
9 O.en Space
124.7 N/A
10 Open Space - Conservation
152.4 N/A
Open Space Subtotal
277.1 N/A
--
Project Total
539.9 5,241,0001
Note:
1 Planning Area 2 is anticipated to also include a 125 -room limited -service hotel (approximately 90,000 square feet), The approximately 90,000 square feet of hotel use is not counted as part of the General Commercial's 246,000 Maximum Building Square Footage because the project's traffic analysis for the commercial site estimates General Commercial traffic based on square footage, while the hotels are analyzed based on the number of rooms. This 90,000 sf is counted towards the project total square footage of 5,331,000.
Circulation
Vehicular circulation is comprised of external (public) roadways and internal circulation.
The intent of the circulation plan is to ensure safe and efficient movement throughout the project, within the site to individual tenant areas, as well as to public places within the site. The site is approximately 2.5 miles west of the junction of CA -60 Freeway and Interstate 10, 3 miles from the westbound on -ramp of the Interstate 10 Freeway at Oak Valley Parkway, and 14 miles east of Interstate 215.
Primary access to the project site will be provided from the future extension of Fourth Street. Fourth Street was recently extended (as an industrial collector with a 78 -foot right-of-way and 56 -foot curb -to -curb) from Potrero Boulevard (just show of the Potrero/SR 60 interchange) through the Hidden Canyon Industrial Park which now terminates just east of the project site.
Fourth Street will be extended as part of this project as a 2 -lane modified secondary street with a 78' right-of-way and 56' curb -to -curb. All traffic including commercial, industrial and truck traffic will access the site via the Fourth Street extension.
Jack Rabbit Trail is an existing unmaintained road. Half -width realignment and improvements will be provided as part of the project and will be required in the Vesting Tentative Parcel Map conditions of approval, see Attachment O. Jack Rabbit Trail is identified as a 2 -lane Modified Industrial Collector with a 78' right-of-way, 56' of paving,
11' wide parkway on the easterly side, and 6' wide curb adjacent sidewalk and 5' of landscaping along the west side.
At the intersection with Entertainment Way, Jack Rabbit Trail will transition to its ultimate full -width as a Modified Industrial Collector (78 -foot right-of-way) and continue south until it connects with the extension of Fourth Street; this section of Jack Rabbit Trail (between Entertainment Way and Fourth Street) will be open to the public and will provide general Project circulation and direct access to PA 1 and PA 2. Jack Rabbit Trail also connects Entertainment Way to Fourth Street.
Jack Rabbit Trail is designed as a Modified Industrial Collector because there is no median and the sidewalk is only on one side of the street due to the industrial nature of the site.
Jack Rabbit Trail will be realigned within the project boundary from the Caltrans right of way to 4th Street; a new 20' wide graded dirt road connection will be constructed through Planning Area 9 to connect to the existing right of way and dirt road south of Planning Area 9. To the south of Planning Area 9, Jack Rabbit Trail remains an unmaintained Riverside County roadway.
Entertainment Way connects Jack Rabbit Trail and Fourth Street and separates the industrial uses of Planning Areas 3-9 from the recreation, leisure and entertainment uses. Entertainment Way is designated as a 2 -lane private road, with 50' of paving and 6' sidewalk along the south side and 6' of landscaped parkway on the north side of the street, outside of the right-of-way.
Industrial Way creates a looped connection from Entertainment Way at the project's eastern boundary, to Fourth Street at Planning Area 8. This private road is intended to provide secondary access to each Planning Area. Industrial Way will have a 40' right- of-way and will include 40' of paving.
Interim Fire Access Loop. secondary access to each phase of development will provided by 40' wide "Interim Fire Access Loop Connection" roads connecting Industrial Way and Fourth Street. Each "Interim Fire Access Loop Connection" will be incorporated into the parking design for each subsequent phase as a dedicated drive aisle. For Phase 1, an Interim Fire Access Loop Connection will be constructed between Planning Areas 4 and 5 and will be incorporated into the Parking for Planning Area 5 during development of Phase 2. For Phase 2, an Interim Fire Access Loop Connection will be constructed between Planning Areas 6 and 7 and will be incorporated into the parking for Planning Area 7, during development of Phase 3. For Phase 3, Fourth Street
and Industrial Way shall be connected at Planning Area 8 to create a system of permanent fire and emergency access circulation loops.
Water, Sewer and Drainage
The Beaumont - Cherry Valley District (BCVWD) provides potable water service to the project. At the time this Specific Plan was prepared (2021), an Annexation application to the Local Agency Formation Commission (LAFCO) is required for the Specific Plan area to be annexed into the Beaumont -Cherry Valley Water District's boundary.
The project will consist of general commercial/retail land uses and five (5) large industrial warehouse buildings totaling approximately 5.0 million square feet of floor space. The Project's potable water and fire flow demands are proposed to be serviced by the BCVWD's 2650 pressure zone, which currently serves the westerly part of the BCVWD service area. As part of on -going water conservation efforts and the Project's plan of service with the BCVWD, all outdoor irrigation demands will utilize non -potable water distributed by the BCVWD.
The project utilizes gravity lines for wastewater collection, along with a force main and lift station to convey wastewater from within the Specific Plan to the City of Beaumont's existing sanitary sewer system located off -site, as described below. Due to the grading limitations and topography of the Specific Plan site, the project's sewer system utilizes 8" gravity sewer main lines, located within Industrial Way, to move wastewater flows from the project's high points (at PA 8 and PA 1), to the lift station constructed at the low point between PA 5 and 6. Flows from the lift station are then conveyed in dual 6" force main lines located within Industrial Way, Entertainment Way, Jack Rabbit Trail, and Fourth Street, to the point of connection at the existing 12" gravity main line at the manhole located at the eastern boundary of the site. The on -site lift station shall be designed to ultimate capacity with no interim condition except potential pump quantity.
The watershed from the developed areas of the property flows generally to the north, offsite into 16 culverts under the CA -60 freeway. The topography of the site features steep, eroded hillside grades and natural depressed grasslands at the entrances of the culverts, which provide natural detention and mitigation areas for the culverts before the runoff confluences with San Timoteo Creek on the northern side of the CA -60 Freeway.
The project maintains the 16 existing culverts under the CA -60 Freeway as the ultimate discharge locations for the property but the runoff from the proposed buildings, parking lots, and road improvements will be collected by a proposed drainage system. The most northwestern culvert is an existing 54" CMP and the most southeastern culvert is a double 48" CMP, adjacent to the CA -60 Freeway at Jack Rabbit Tail. The proposed
drainage system will consist of catch basins, grated inlets, storm drainpipes with sizes varying from 18" to 48", and four (4) detention basins. The drainage system routes the runoff from the proposed impervious surfaces to four (4) proposed stormwater treatment and mitigation basins. Each basin provides stormwater treatment and peak flow mitigation for each of their respective tributaries to prevent the post development flows from exceeding the pre -development flows. Basins will be maintained by the Master Property Owners' Association, through access and maintenance easements with owners of each property where basins are located.
Grading
The project is located west of Jack Rabbit Trail, which forms the eastern Project site boundary. Topographically, the post development of the site generally slopes from southwest to northeast, with post grading elevations within Planning Areas 1-9 ranging from a low point at approximately 2,271 feet above mean sea level (msl) the northeastern portion of the site in Planning Area 2, to a high point of approximately 2,480 feet above msl in the southern portion of the site in Planning Area 9. Planning Area 9 located in the southwestern portion of the Specific Plan is designated Open Space, which consists of manufactured slopes, fuel modification zones and natural open space to buffer Open Space - Conservation in Planning Area 10 from development impacts. The Limits of Disturbance Line forms the boundary between Planning Areas 9 and 10, and no grading or disturbance is permitted in Planning Area
10. The conceptual grading design provides for an overall balanced earthwork condition. Site grading will be done in conformance with the recommendations of a Geotechnical Engineer and the City of Beaumont.
Fire Protection Plan
The southern half of the project is located within the "Very High" Fire Hazard Severity Zone, with the northern half located within the "High" Fire Hazard Severity Zone. CAL FIRE has released an updated version of their fire hazard severity zone maps that, if adopted, would revise the fire hazard designation of the project site and its surroundings to all Very High rather than the current combination of Very High and High. Because of these designations, a Fire Protection Plan (FPP) has been prepared (Beaumont Pointe Specific Plan Fire Protection Plan, Dudek, May 2023) to ensure the protection of all development within the project site from fire hazards.
The project FPP provides this protection while at the same time creating a smooth visual transition from the natural vegetation which may be located to a building's front, side, and/or rear landscapes, to the modified fuel zones beyond. Adoption of CAL FIRE's new fire hazard zone maps would not change the findings in the FPP, which was planned and prepared for Beaumont Pointe as if it was entirely within the Very High Fire Hazard Severity Zone. After being annexed into the City of Beaumont, it is possible that the project site could be re -designated as Local Responsibility Area (LRA) in a future update of CAL FIRE's hazard severity zone maps, which would mean the City of Beaumont would have the primary responsibility for the prevention and suppression of wildland fires at the project site.
Fuel modification zones within the project site are provided adjacent to open space areas where these abut development areas. Fuel modification planting shall be in accordance with the Riverside County Fire Department (RCFD) standards and requirements and utilize appropriate plant materials and irrigation treatments. Lots within Planning Areas adjacent to open space will be developed in accordance with the FPP to provide adequate buffering and fuel modification zones consistent with RCFD standards. No Fuel Modification Zones shall be established within Planning Area 10.
Fuel modification zones will be provided where the conditions outlined below exist, as per the RCFD standards.
The project Conceptual Circulation Plan (Figure 2-2 of the Specific Plan, shown in Attachment M) identifies a looped perimeter road system (Fourth Street & Industrial Way) along with a phased series of 40' wide Interim Fire Access Loop Connections, to ensure adequate fire -fighting and emergency access, during construction and operation of the site. During each phase of development, an Interim Fire Access Loop Connection will be constructed; for Phase 1, between Planning Areas 4 and 5; for Phase 2, between Planning Areas 6 and 7; for Phase 3, the permanent looped access will be completed with construction of the connection of Industrial Way with 4th Street at Planning Area 8. Upon development of each Planning Area, the Interim Access Loop connections shall be incorporated into the parking lot design as dedicated drive aisles to allow access from Fourth Street to Industrial Way.
For projects located within areas of "Very High" and "High" wildfire risk, measures designed to manage areas of "urban-wildland interface" are critical. In order to adequately protect structures adjacent to onsite and off -site open space areas, there must be sufficient "defensible space" between the structure and the fuel associated with the open land. A total of one -hundred feet of fuel modification treatment shall be required on all lots abutting native vegetation. In those areas where 100 feet of fuel modification zones cannot be achieved due to open space protection issues or property boundary limitation, special fire protection measures (discussed below in Section 2.9.2
(3) will be implemented to help protect the structures from wildfire, subject to the review and approval of the Riverside County Fire Department.
Fuel Modification Area (FMA) — Irrigated/Paved zone (Property Owners' Association Maintained) s a 100 -foot -wide irrigated zone surrounding the building pad and is measured from the edge of the developed pad and moving outward. FMA is applicable Specific Plan -wide for every perimeter structure. Most of the landscaped areas within Industrial and General Commercial Planning Areas meet FMA standards. All highly flammable native vegetation, as listed in Table 4-2, Prohibited Plant Species, shall be removed except for species approved by the Riverside County Fire Department. FMA is planted with drought -tolerant, less flammable plants, subject to Riverside County Fire Department approval. A permanent, automatic irrigation system shall be installed in FMA to maintain hydrated plants.
Fuel Maintenance Zone (FMZ) — (Property Owner's Association Maintained) reduces the fuel load of a wildland area adjacent to the FMA, and thereby, reduces heat and ember production from wildland fires, slows fire spread, and reduces fire intensity. FMZ consists of thinning treatment and removal of plants to ensure that areas in this zone are free of any dead and dying combustible vegetation and is measured from the end of FMA's limits extending outwards 20 feet. Some areas within this zone may have irrigated vegetation on manufactured slopes, others may have native vegetation.
Special Fire Protection Features may be required for a few buildings located within the Industrial and General Commercial Planning Areas because they do not meet the minimum 100' fuel treatment setback. These Special Fire Protection Features will be based on worst case scenarios (slope, wind, native vegetation, fuel moisture, humidity, etc.) and fire fuel modeling. Any building that is located less than 100' of the setback may, subject to review and approval by the RCFD as part of the Plot Plan review project process, include Special Fire Protection Features.
Chapter 3 — Development Standards
The purpose of this section is to establish the general development criteria, permitted, conditional, and ancillary uses, development standards, and planning area standard for the project.
Planning Areas 1 & 2 — General Commercial
Planning Areas 1 & 2 consist of 30.2 -acres and allow for development of a variety of commercial, recreation, and lodging uses. The permitted use table is provided in the Specific Plan, shown as Attachment M, as Table 3-1.
The development standards for the General Commercial area are provided in Table 3-2 of the Specific Plan. The table identifies that the project has no minimum lot area, width and a maximum floor area ratio (FAR) 0.75. The General Commercial Planning Area anticipates a 125 -room limited -service hotel and shall not exceeded regardless of the FAR achieved throughout the entire specific plan.
Minimum setbacks when abutting a public or private street are 25' for buildings under 35' or over 35' that apply to front, rear and side yards. Minimum setbacks at interior side yards are five (5) feet for buildings, drive aisles and passenger and truck parking.
The interior side yard setback for screened loading and storage yards is zero (0).
Planning Areas 3 through 8 — Industrial
The industrial areas of the specific plan include six (6) planning areas with buildings that range in size from 35,000 to 1,379,000 square feet, and lots size ranging from 1.8 to
67.3 -acres. The permitted uses in these planning areas include distribution, warehouses, general warehouses, and e -commerce fulfillment centers for chilled, cooled, or frozen goods. The complete list of permitted, conditional, and ancillary uses are provided in Table 3-1 of the specific plan, that is provided as Attachment M to this staff report.
The development standards for the Industrial area are provided in Table 3-3 of the Specific Plan. The table identifies that the project has no minimum lot area, width and a maximum floor area ratio (FAR) 0.75. The FAR shall be calculated for each Planning Area or Parcel. The overall maximum building square footage for industrial uses within the project area shall not exceed 4,995,000 square feet regardless of the FAR achieved throughout the entire specific plan.
Minimum front setbacks when abutting a public or private street are 25' with 10' of landscaping and are zero (0) for rear and side setbacks. Minimum setbacks at interior side yards are five (5) feet for buildings, drive aisles and passenger and truck parking.
The interior side yard setback for screened loading and storage yards is zero (0).
Planning Area 9 — Open Space
Planning Area 9 consists of 124.7 -acres of open space in the southern, western, and northern portions of the specific plan. This Planning Area is intended to contain a combination of landscaped manufactured slopes, fuel modifications areas, freeway - oriented pylon signs, wildlife fencing, natural open space, and an optional 1.2 -million - gallon water tank (and booster station).
Planning Area 10 — Open Space Conservation
Located along the southern and western boundary of the specific plan, Planning Area is designated as 152.4 -acres of Open Space Conservation. This area is intended to be conveyed to the Western Riverside County Regional Conservation Authority (RCA) contributing to the MSHCP preserve within the Badlands.
Chapter 4 — Design Guidelines
The design guidelines establish the concepts and features envisioned for the specific plan. The design guidelines are utilized in conjunction with the development standards when reviewing the development. The design guidelines are oriented around two main elements: landscape and architecture.
The Architectural Design Guidelines describe the intended architectural themes and styles for buildings permitted within the Specific Plan area and provide a basis for decisions regarding the aesthetic elements of the built environment. The Landscape Guidelines describe general landscaping requirements, including streetscape design, entry treatments, water quality features, walls and fencing, and lighting.
Development within the Specific Plan will be organized in a way that reduces conflicts between pedestrian and vehicular paths of travel utilizing appropriate wayfinding measures visible to pedestrians and all vehicles, including large truck traffic.
Design guidelines within the specific plan recognize buildings should be oriented so loading areas are screened from view from streets and public areas. Long, horizontal stretches of buildings or walls should be broken up through a change in materials or other elements to provide visual interest and deter vandalism. Materials and colors utilized throughout the development should be consistent.
Chapter 5 — Implementation Plan
The specific plan and related entitlements are administered and implemented by the City's Planning Department in conjunction with other City departments and external agencies. The Community Development Director or Deputy City Manager is the absence of a Community Development Director shall be responsible for administering, interpreting, and enforcing all development standards of the specific plan, including acceptance and processing of all land use permit applications.
The Community Development Director is also the approval authority for substantial conformance determinations, plot plans — administrative reviews, and amendments to the fire hazard severity zone designation or adoption into the Local Responsibility Area (LRA) to conform to approved changes to CAL Fire's fire hazard severity zones.
The Planning Commission is the approval authority for the following applications:
• Sign Programs
• Modification to Sign Programs
• Variances
• Plot Plan — Planning Commission public hearing required • Conditional Use Permit
A substantial conformance determination may be used to approve minor modifications to the specific plan text and graphics and shall be reviewed by and may be approved by the Community Development Director administratively and without a public hearing.
1. Modifications to the Specific Plan text and graphics which do not substantially change the character or intent of Specific Plan.
2. Expansion or reduction of the net acreage and/or development intensity (square footage) of Planning Area 1 through 8 of 15% provided that the overall maximum square footage for Industrial uses and for General Commercial uses within this Specific Plan is not exceeded.
3. The increase of building intensity/density or building square footage, provided that it does not exceed 0.75 FAR for any Planning Area (as the acreage of the PA may be modified consistent with the Specific Plan) and provided that the overall maximum square footage for Industrial uses and for General Commercial uses within this Specific Plan is not exceeded.
4. Construction of buildings across Planning Area boundaries with the same Land Use Designation, which cross over into abutting Planning Areas, subject to all of the applicable Implementation Regulations and Design Guidelines of this Specific Plan. Buildings constructed across Planning Area boundaries shall not, by themselves, trigger the requirement for a Specific Plan Amendment provided that the subject Planning Areas are under the same ownership prior to the issuance of a Certificate of Occupancy or Lot Line Adjustment.
5. Reductions of an approved Plot Plan or Conditional Use Permit's square footage by less than 25% of that stated within the approved Plot Plan or Conditional Use Permit.
6. Modifications to landscape coverage of less than 15% of that stated within the Specific Plan.
7. Decrease in parking requirements by a maximum of 10% with a parking study reviewed and approved by the Community Development Director.
8. Changes to the proposed land use for a Planning Area from that analyzed in the EIR to another land use permitted in Table 3-1; provided that each Planning Area shall comply with on -site and off -site street improvement recommendations and mitigation measures outlined in the Traffic Study (as modified by Section 5.2.8) and the MMRP.
9. Other minor changes, deviations or modifications of a similar nature to those listed above or which are deemed minor by the Community Development Director, including (i) minor changes, deviations or modifications to landscape materials, wall materials, wall alignment, wall height, entry design and streetscape design, and (ii) minor modifications to the Implementation Regulations (except for the Permitted, Conditionally Permitted, and Ancillary Uses) and Design Guidelines set forth in this Specific Plan provided such changes, deviations or modifications are consistent with the intent of the Implementation Regulations and Design Guidelines and with the character and
10. intent of the Specific Plan, and in conformance with the City of Beaumont General Plan.
The implementation chapter of the specific plan also outlines maintenance responsibilities for areas within the project. Maintenance of private parking area aisles, parking area circulation, and common landscape areas will be the responsibility of a commercial association to be formed within the Specific Plan area. The maintenance association(s) shall be responsible for private driveways, parking, open space areas, signage, landscaping, irrigation, common areas, on -site sewers, storm drains, Best Management Practices (BMPs), and other responsibilities as necessary. Generally, facilities dedicated to public agencies will be maintained by that agency, while private facilities will be maintained by property owners or a maintenance district.
Maintenance responsibilities are identified in Table 5-1 in the specific plan, as shown in Attachment M. Maintenance responsibilities are broken down as follows, with the Beaumont responsibilities specifically called out:
• Master Property Owners' Association
• Property Owner or Occupant
• City of Beaumont
o Public Roadways — Pavement and Curbs
o Sidewalks
o Traffic Signals
o Streetlights within the Public Right -of -Way
o Sanitary Sewer Mainlines Facilities/Infrastructure
• Beaumont Cherry Valley Water District
• Other Maintenance Entity
Multi -Species Habitat Conservation Plan (MSHCP):
The project is found to be consistent with the MSHCP per the Western Riverside County Regional Conservation Authority (RCA) Joint Project Review (JPR 23-03-15-01). On July 3, 2023, the RCA determined that the project is consistent with both the Criteria and other Plan requirements. The project's 539.87 acres include 152.41 acres of on - site conservation located in MSHCP Criteria Cells 933, 936, 1030, 1032 and 1125. The project is also proposing 78.40 acres of on and off -site conservation located in the County of Riverside's jurisdiction that required a Criteria Refinement.
Criteria is defined as descriptions provided for individual Cells or Cell Groups within the Criteria Area to guide assembly of the Additional Reserve Lands. Criteria Area is the area comprised of Cells depicted on Figure 3-1 of the MSHCP, Volume!.
Criteria Refinement is described in the MSHCP as the process through which changes to the Criteria may be made, where the refined Criteria result in the same or greater Conservation value and acreage to the MSHCP Conservation Area as determined through an equivalency analysis provided in support of the refinement.
Development Review Committee (DRC):
The Development Review Committee reviewed the project for design on April 22, 2021, September 9, 2021, December 9, 2021, May 26, 2022, December 15, 2022, and March 30, 2023. Staff from the various City departments provided written comments that have been incorporated into the proposed conditions of approval.
Consistency with Adopted Goals, Plans and Programs:
General Plan Consistency:
The subject site is currently located in the City of Beaumont's Sphere of Influence as identified in the 2040 Beaumont General Plan on the Land Use Map (Figure 3.5) with a current land use designation of Rural Residential — one (1) acre minimum (see Attachment A). The land use designation Table 3.3 describes Rural Residential - one (1) acre minimum as single-family detached homes on one (1) acre lots in a hillside setting.
Chapter 3 Land Use and Community Design in the 2040 General Plan identifies the subject area as the Jack Rabbit subarea as shown in Figure 3.3 of the General Plan.
This subarea includes the mountainous range known as the San Timoteo Badlands.
This area is undeveloped and contains the western extent of SR -60 in Beaumont. The area north of SR -60 is protected open space and part of the Western Riverside County MSHCP. San Timoteo Creek runs through this site. The area to the south of SR -60 is currently undeveloped and has topographical constraints. Access is limited to the eastern end of the subarea from Jack Rabbit Trail. This subarea is entirely in the Sphere of Influence, and thus, is governed by the County of Riverside General Plan.
The designation for the area north of SR -60 is Open Space and south of SR -60 is Rural Residential (1 acre lots).
The subarea strategies include preserving San Timoteo Creek and its 100 -year flood plain as an open space resource, and to work with property owners of the southern portion of the subarea to development plans compliant with the Western Riverside County MSHCP. A specific plan is encouraged.
The proposed use is in conformance with the General Plan for the City of Beaumont. The proposed development is consistent with the General Plan Policy 3.1.6 that preserves and protects natural open space areas in south and southwest Beaumont and its sphere of influence, as defined by the Land Use Element contained in the General Plan; Policy 3.4.7 to encourage the continued expansion of the City's industrial districts to accommodate economic development and growth; and Policy
3.11.8 to work with Riverside County and adjacent cities, landowners, and conservation organizations to preserve, protect, and enhance open space and natural resources consistent with the MSHCP.
Zoning Consistency:
The subject properties are currently located in unincorporated Riverside County and have no zoning designation in the City. As part of the project proposal, the applicant is requesting that the property be pre -zoned to specific plan that is accompanied by the Beaumont Pointe Specific Plan (Attachment M).
The Beaumont Pointe Specific Plan will function as the zoning document for the project area and establishes the land use plan, planning areas, permitted, conditional and ancillary uses, development standards, design guidelines and implementation requirements that guide the future development of the site.
SB330 No Net Loss
On October 9, 2019, the California Legislature adopted Senate Bill 330 (SB330) which, among other things, adopted Government Code Section 66300, declared a housing crisis in the State of California and imposed certain requirements designed to streamline the construction of new housing, and prevent the loss of existing housing and land available for future residential use, unless replaced in other areas of the affected jurisdiction to ensure no net loss in residential capacity. SB330 became effective on January 1, 2020.
In an effort to comply with SB330 the City established a No Net Loss Program in August of 2021. This program provides, concurrent with the approval of any change in zone from a residential use to a less intensive or non-residential use, a density bonus will become available to project applicants seeking to develop property for residential use within the City. In doing so, the Program will ensure that there is no net loss of residential capacity within the City as required by SB330.
The proposed project is requesting a change in land use designation from Rural Residential (1 acre min.) to Industrial, General Commercial and Open Space. The current County of Riverside zoning is W-2 (Controlled Development) with a one (1) acre minimum lot size to a non-residential specific plan. However, the proposed change is not subject to SB330 and is not required to comply with the program. Government Code Section 66300(f)(4) provides that no net loss provisions do not apply in Very High Fire Hazard Severity Zones (VHFHSZ). More than half of the proposed project is located within the VHFHSZ.
Environmental Impact Report (EIR)
A Draft Environmental Impact Report (DEIR) (see Attachment A) has been prepared to examine the potential environmental effects of the proposed projects and its alternatives. The proposed Annexation, General Plan Amendment, Pre -Zone, Specific Plan, Tentative Parcel Map and FEIR have now been completed and the formal public review and hearing process has commenced. The DEIR was circulated for a 45 -day public review and comment period on December 22, 2022. The conclusion of the review period occurred on February 8, 2022.
The environmental consultant prepared responses to any comments made during the public review of the DEIR. The responses to the comments and any associated changes or additions to the DEIR will then be compiled into a final EIR (see Attachment B) for the City Council's consideration along with the Mitigation Monitoring Plan,
Findings of Fact (see Attachment J), and Statement of Overriding Considerations (see Attachment I).
The DEIR addresses several potential issues associated with the project, including aesthetics, agricultural resources, air quality, greenhouse gas emissions, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, land use, noise, public service, traffic and utilities.
Mitigation measures proposed for many of the impacts are summarized in Section 1 (Executive Summary) of the DEIR (see Attachment G). All impacts of the Project can be mitigated to less than significant levels with the exception of air quality, greenhouse gas emissions, noise, and transportation.
Prior to the preparation of the DEIR, the City circulated a Notice of Preparation (NOP) from September 7, 2022, to October 6, 2022, and a public scoping meeting was held during the 30 -day public review period, on September 17, 2022, at 6:00 PM at the Beaumont Civic Center.
In addition to the proposed project, the DEIR analyzed five (5) project alternatives:
Section 6.2.1 No Project/No Development, Section 6.2.2 Existing City General Plan Alternative, Section 6.2.3 Reduced Development Area and Intensity Alternative, Section
6.2.4 Reduced Intensity Alternative, and Section 6.2.5 Truck Storage Yard Alternative.
Each of these alternatives are discussed in detail in Section 6 of the DEIR (see Attachment G).
Despite a number of project design features and mitigation measures that serve to reduce the environmental impact of the project to less than significant, the DEIR has found that there will be impacts to the environment concerning air quality, greenhouse gas, noise and transportation that cannot be mitigated to a level of less than significant.
Air Quality
The project would conflict with or obstruct implementation of the applicable air quality plan and has been found to be inconsistent with:
• Threshold A - Consistency Criterion No.1 identifies that the project's regional construction -source emissions would exceed the applicable regional threshold for emissions of VOC's and NOx.
• Threshold A - Consistency Criterion No. 2 states that the 2016 Air Quality Management Plan (AQMP) does not reflect the proposed land use designation and there is a potential for the project to exceed air quality impact assumptions in the AQMP or increments based on the years of project build -out phase.
Mitigation Measures would be required and are identified as MM 4.3-1 through MM 4.3-17, as shown in Attachment J.
• Threshold B — The project would result in a cumulatively considerable net increase of any criteria pollutant for which the region is non -attainment under an applicable federal or state ambient air quality standard. • The project would result in cumulatively considerable air quality impacts for construction (NOx) and operational regional emissions for VOC, NOx, CO, PM10 and PM2.5.
Greenhouse Gas (GHG) Emissions
Threshold A of the Green House Emissions section of the Findings of Fact and Statement of Overriding Considerations states that the project would generate GHG emissions, either directly or indirectly, that would have a significant impact on the environment (see Attachment I).
• Project GHG emissions will result in a total of approximately 63,911.07 MT CO2e per year, which would exceed the 3,000 MTCO2e per year threshold. • The Project applicant proposes the Project Design Features (PDFs) 8-1 through PDF 8-5 and Mitigation Measures MM 4.3-3 through MM 4.3-17 and MM 4.8-1 (see Attachment J) that would reduce the emissions to 60,638.09 MT CO2e per year.
Threshold B states that the project would conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. • The project's long-term operational GHG emissions would exceed the City's significance threshold of 3,000 MTCO2e per year. A significant GHG impact would occur as a result of the proposed Project. The Project is required to comply with Mitigation Measures MM 4.3-3 through 4.3-17 and MM 4.8-1, which would reduce impacts to the extent feasible, however, impacts would remain significant and unavoidable (see Attachment J).
Cumulative impacts would result in a cumulatively considerable impact related to GHG emissions.
Noise
Threshold A of the Noise section of the Findings of Fact and Statement of Overriding Considerations state that the project would generate a substantial permanent increase in ambient noise levels from off -site traffic -related noise in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies.
The Project would result in a significant impact from off -site traffic -related noise at four roadway segments (#1, #4, #5, and #6) due to the added Project traffic. Therefore, the
project -related off -site traffic noise level increases at adjacent noise -sensitive land uses are considered a significant impact.
The project's contribution to off -site traffic noise would result in a substantial permanent increase in ambient noise levels and Project -related impacts on the following road segments would be significant:
• Potrero Boulevard south of Oak Valley Parkway (Segment #1). o Project Increment Increase of 1.6 dBA, which is over the threshold of 1.0 dBA.
• 4th Street east of Potrero Boulevard. (Segment #4).
o Project Increment of 5.8 dBA, which is over the threshold of 1.0 dBA • 4th Street east of Veile Avenue (Segment #5).
o Project Increment of 6.5 dBA, which is over the threshold of 1.0 dBA • 4th Street west of Potrero Boulevard. (Segment #6).
o Project Increment of 21.2 dBA, which is over the threshold of 0.0 dBA (DEIR pp. 4.13-29 to 4.13-34)
The project would generate a substantial permanent increase in ambient noise levels from off -site traffic -related noise in the vicinity of the Project in excess of standards under cumulative conditions. No feasible mitigation measures exist to reduce or eliminate Project traffic noise impact and impacts would remain significant and unavoidable.
Transportation
Threshold B indicates that the project would conflict with CEQA Guidelines Section 15064.3, subdivision (b). The Project would result in a significant VMT impact. The Project is required to comply with Mitigation Measure MM 4.17-1, which would reduce impacts to the extent feasible; however, impacts would remain significant and unavoidable.
The Project would result in a significant project generated VMT impact if the following condition is met:
• Baseline project generated VMT per service population (SP) exceeds 3% below the City of Beaumont current average VMT per service population. The City's current average VMT per service population is 27.87.
The project would result in a cumulative VMT impact since the Project was found to have a significant and unavoidable impact at the project level. The Project's baseline
VMT per SP is 39.19, which would exceed the City's current VMT per service population by 45%.
The Project would be required to implement Mitigation Measure MM 4.17-1 to reduce VMT, including car/vanpool program with preferred parking; bike lockers and secure bike racks; preferential parking spaces for car -share, carpool, and ultra -low or zero emission vehicles; and installation of electric vehicle charging stations. However, for the reasons set for in Section 5.4.1, even with implementation of all feasible mitigation measures, impacts would not be substantially lessened and would remain significant and unavoidable.
With the adoption of Senate Bill (SB) 743, the State of California changed the method of traffic analysis required through the California Environmental Quality Act (CEQA) for publicly and privately initiated projects. The law changed the way local jurisdictions analyze transportation impacts from development projects and identify mitigation measures to reduce those impacts. SB 743 became effective on July 1, 2020. The previous practice of evaluating traffic transportation impacts used road congestion and delay or level of service (LOS) to determine mitigation measures. SB 743 requires the amount of driving and length of trips — as measured by "vehicle miles traveled" or VMT — be used to assess transportation impacts on the environment for CEQA review. These impacts will be reduced or "mitigated" by options such as Transportation Demand Management (TDM), increasing transit options, or providing for active transportation such as walking and biking. Due to the changes in analysis required by SB743, there are no mitigation measures required through the CEQA process.
The City of Beaumont realized the change to VMT analysis as part of CEQA would greatly reduce the City's ability to require mitigation for traffic impacts. So, as part of the General Plan Update, the City retained the right to analyze Level of Service (LOS) in addition to VMT, and to require mitigation accordingly.
The project will also be responsible for paying its fair share for other necessary area - wide traffic improvements by paying the City's Development Impact Fees (DIF) and the Riverside County Transportation Uniform Mitigation Fees (TUMF).
The complete list of mitigation measures for Air Quality, Greenhouse Gas, Noise and Transportation along with the other sections analyzed in the DEIR can be found in the Mitigation Monitoring Reporting Program as an Attachment J.
The City will need to adopt a Statement of Overriding Considerations on these specific air quality, greenhouse gas, noise and transportation impacts identified in the DEIR in order to certify the final EIR. Responses to the public comments on the DEIR are provided in the Final EIR (see Attachment H).
During the DEIR 45 -day public review and comment period beginning December 22, 2022, and ending February 8, 2023, the City received numerous comments from area residents, public agencies and private firms for a total of 13 letters. Copies of all correspondence and responses related to the 45 -day public review have been provided to the Planning Commission in the Final Environmental Impact Report, shown as Attachment H to this staff report.
In conclusion, the requests before the Commission are discretionary in nature and include the following: Annexation (PLAN2023-0931), Plan of Service (PLAN2023-0932), Pre -Zone (PLAN2019-0283), Specific Plan (SP2019-0003), General Plan Amendment (PLAN2019-0284), Vesting Tentative Parcel Map No. 38161 (PM2022-0012), Development Agreement (PLAN2023-0932), Sign Program (PLAN2022-0856) and Environmental Impact Report (ENV2019-0008). The DEIR analyzed the proposed project and proposed mitigation where feasible. A Statement of Overriding Considerations must be adopted in conjunction with certification of the final EIR. The final EIR has been prepared (see Attachment H) and will comprise the DEIR, Responses to Comments, the Mitigation Monitoring and Reporting Plan, Findings of Fact, and Statement of Overriding Considerations. The final EIR will be presented to the City Council for their review and proposed certification of the adequacy of the documents at a future noticed public hearing concerning the project applications.
Public Communications Received:
Property owners located within a 300 -foot radius of the project site were notified of the intended public hearing on November 17, 2023, with a 10 -day hearing notice in addition to a public notice in the Press Enterprise. The CEQA and public hearing notice identified the Planning Commission date as November 29, 2023. Proof of the publication for CEQA and the public hearing proof of publication is included as Attachment Q to this staff report.
Staff received 13 comments that were received during the CEQA 45 -day public review period. The Planning Department has received four (4) emails from the public in opposition to the project and is provided as Attachment R to this staff report. Any additional comments received prior to the time of the scheduled Planning Commission meeting will be provided to the Commission at the time of the public hearing.
Findings:
General Plan Amendment
Beaumont Municipal Code, Section 17.02.090.1 requires that prior to approving a General Plan amendment, the City Council shall make the following findings:
1. The proposed amendment is in the public interest, and there will be a community benefit resulting from the amendment.
2. The proposed amendment is consistent with the other goals, policies, and objectives of the General Plan.
3. That the proposed amendment will not conflict with provisions of the zoning ordinance or subdivision regulations.
4. In the event that the proposed amendment is a change to the land use policy map, the amendment will not adversely affect surrounding properties.
Zone Change (Specific Plan)
Beaumont Municipal Code, Section 17.02.080.1 requires the City Council to make the following findings of fact before approving a change of zone or zoning ordinance amendment.
1. That the proposed change of zone or zoning ordinance text amendment is consistent with the goals, policies, and objectives of the General Plan.
2. That the proposed change of zone or zoning ordinance text amendment will not adversely affect surrounding properties.
3. That the proposed change of zone or zoning ordinance text amendment promotes public health, safety, and general welfare and serves the goals and purposes of this Zoning Ordinance.
Development Agreement
1. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan.
2. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located.
3. Is in conformity with public convenience, general welfare and good land use practice.
4. Will not be detrimental to the health, safety and general welfare.
5. Will not adversely affect the orderly development of property or the preservation of property values.
Fiscal Impact:
The cost to prepare this staff report and related materials is approximately $2,000. The cost to review and process the application was covered through required applications deposits. The long term fiscal impact to the City results in a General Fund Surplus of approximately $2.5M annually at buildout and the 20 -year projection at buildout is an accumulated net revenue to the City of $24M.
Recommended Action:
Certify the Environmental Impact Report (PLAN2019-0008); Adopt a Statement of Overriding Considerations and Mitigation Monitoring Reporting Plan; Annexation (PLAN2023-0931), Plan of Services (PLAN2032-0932), Adopt General Plan Amendment (PLAN2019-0284); Adopt Pre -Zone (PLAN2019-0283), Adopt Specific Plan (SP2019-0003); Approve Vesting Tentative Parcel Map 38161 (PM2022-0012); Approve Development Agreement (PLAN2023-0932), and Approve Sign Program (PLAN2022-0856)
Attachments:
A. Existing General Plan Land Use Designation Map
B. Amended General Plan Land Use Map
C. County of Riverside Zoning Map
D. Beaumont Pointe Land Use Map
E. Aerial Photograph
F. Draft Environmental Impact Report (without appendices) G. Final Environmental Impact Report
a. Supplemental CEQA Memo
H. Draft Findings of Fact of Overriding Considerations
I. Draft Mitigation Monitoring and Reporting Program (MMRP) J. Development Agreement
a. Letter of Intent
K. Plan of Services
a. Beaumont Cherry Valley Water District Plan of Service b. City Fiscal Impact Analysis
c. County Fiscal Impact Analysis
L. Draft Beaumont Pointe Specific Plan
M. Vesting Tentative Parcel Map No. 38161 (PM2022-0012) N. Draft Conditions of Approval — TPM 38161
O. Beaumont Pointe Sign Program
P. Proof of Publication
Q. Comment Letters/Emails following the Public Hearing Notice for Planning Commission
R. Resolution of Adoption
S. Ordinance Development Agreement
Incorporated herein by Reference:
City of Beaumont 2040 General Plan
City of Beaumont Zoning Ordinance
Project Site's Riverside Conservation Authority Multi -Species Habitat Conservation Plan Informational Map
Western Riverside County Regional Conservation Authority JPR23-03-15-01 Contents of City of Beaumont Planning Department Project File Annexation PLAN2023- 0931, Plan of Service (PLAN2023-0932), Pre -Zone (PLAN2019-0283), Specific Plan (SP2019-0003), General Plan Amendment (PLAN2019-0284), Tentative Parcel Map 38161 (PM2022-0012), Development Agreement (PLAN2023-0932), AND Sign Program (PLAN2022-0856)
Resolution 1987-34
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GENERAL PLAN
Downtown Mixed Use
Employment District
General Commercial
High Density Residential
L
Industrial
Neighborhood Commercial
Open Space
Public Facilities
1 Rural Residential 1
Pl y Vs1d9At gt9
Rural Residential 40
Single Family Residential
1 Traditional Neighborhood
Urban Village
Parcels Beamont Pointe
Legend
Project Boundary (539.9 AC.)
Proposed Amended
General Plan Land Use Designations
I —I General Commercial (28.8 AC.)
I-1 Industrial (226.3 AC.)
Q Open Space (269.4 AC.)
Public Road (15.4 AC.)
JOB NUMBER: 1095-003
DATE: 11-14-2023
Source(s): Esri, Nearmap Imagery (Jan 2023), RCIT (2023)
BEAUMONT POINTE SPECIFIC PLAN
0 225 450 900
Feet
Proposed Amended GPLU Map - For City
Beaumont Pointe
County Zoning Map 1 of 3
-2
W-2-20
90 101/
4')
City of
Beaumont
ate.
••4•-�4
-44
0 0 1 3,079 Feet
*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.
REPORT PRINTED ON...11/8/2 3 2:53:0
Paae 113 of 2269
© Riverside County GIS
Legend
Zoning
7 OTHER ZONING
• A-1
■ A-1-1
. A-1-1 1/2
. A-1-1/2
. A-1-10
. A-1-15
■ A-1-2
■ A-1-2 1/2
■ A-1-2 1/4
■ A-1-20
. A-1-30000
. A-1-4
. A-1-40
■ A-1-5
• A-2
. A-2-1
▪ A-2-10
. A-2-2
. A-2-2 1/2
. A-2-20
• A-2-5
A -D
A -P
▪ A -P-10
▪ A -P-2 1/2
Notes
Beaumont Pointe
County Zoning Map 2 of 3
0 0 1 3,079 Feet
*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.
REPORT PRINTED ON...11/8/2 3 2:54:1
Pa 17M
' of 2269
© Riverside County GIS
Legend
Zoning
• OTHER ZONING
. A-1
. A-1-1
71 A-1-1 1/2
❑ A-1-1/2
❑ A-1-10
121 A-1-15
❑ A-1-2
❑ A-1-2 1/2
❑ A-1-2 1/4
❑ A-1-20
Q A-1-30000
. A-1-4
• A-1-40
. A-1-5
• A-2
• A-2-1
. A-2-10
• A-2-2
• A-2-2 1/2
• A-2-20
• A-2-5
A -D
❑ A -P
• A -P-10
• A -P-2 1/2
Notes
Beaumont Pointe
County Zoning Map 3 of 3
V.-1-2
M -H
oy
6. ,.Q •"
r
• i
sr�
City of
Beaumont
R. -R
M-tv1
0 0 1 3,079 Feet
*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.
REPORT PRINTED ON...11/8/2 3 2:55:0
Paae 175 of 2269
© Riverside County GIS
Legend
Zoning
OTHER ZONING
• A-1
■ A-1-1
. A-1-1 1/2
. A-1-1/2
. A-1-10
. A-1-15
■ A-1-2
■ A-1-2 1/2
■ A-1-2 1/4
■ A-1-20
. A-1-30000
. A-1-4
. A-1-40
■ A-1-5
• A-2
. A-2-1
▪ A-2-10
. A-2-2
. A-2-2 1/2
. A-2-20
• A-2-5
A -D
A -P
▪ A -P-10
▪ A -P-2 1/2
Notes
INDUSTRIAL
P.A. 9
RECREATION AND
CONSERVATION
152.7 AC
Limits of
Disturbance
P.A. 10
RECREATION AND
CONSERVATION
19.4AC
Source(s): Nearmap (2020)
Composite: Proactive Engineering Consultants (09-22-2020) Limits of Disturbance
[ 1
GENERAL COMMERCIAL
26.0 AC
PRIVATE ACCESS TO
EXISTING RESIDENCE
BEAUMONT POINTE SPECIFIC PLAN
I ! 0 550 1.100
Feet
arti
152.7 AC
Limits of Disturbance
overlaps with
Property Boundary
Limits of Disturbance
overlaps with
Property Boundary
Limits of Disturbance
Connection to Existing
Jack Rabtiit Trail
ti
STATISTICAL SUMMARY
PA
LAND USE DESIGNATION
ACRES
1 GENERAL COMMERCIAL
26.0 2
GENERAL COMMERCIAL
4.2 GENERAL COMMERCIAL SUBTOTAL
30.2 3
INDUSTRIAL
1.8 4
INDUSTRIAL
67.3 5
52.2 INDUSTRIAL
6 INDUSTRIAL
33.6 7
INDUSTRIAL
30.2 8
INDUSTRIAL
61.1 INDUSTRIAL SUBTOTAL
246.1
9 RECREATION AND CONSERVATION
152.7
10 CONSERVATION
193.4
PROJECT TOTAL 622.5
Note* Industrial Wov (40) and Entertainment Way 1501 are private ICod P.A.1
26.0 AC
Legend
WQMP BASIN
LIFT STATION
WATER TANK
PRIVATE ACCESS TO
EXISTING RESIDENCE
JOB NUMBER 1095-003
DATE: 09-24-2020
LAND USE PLAN
Beaumont Pointe
Aerial Photograph 1 of 3
ALIT
0 0 1 3,079 Feet
*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.
REPORT PRINTED ON...11/8/2 3 2:47:2
© Riverside County GIS
Legend
Blueline Streams
City Areas
World Street Map
Notes
Beaumont Pointe
Aerial Photograph 2 of 3
O
0 1 3,079 Feet
*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.
REPORT PRINTED ON... 11/8/23 2:46:4
aae 178 of 2269
© Riverside County GIS
Legend
Blueline Streams
City Areas
World Street Map
Notes
Beaumont Pointe
Aerial Photograph 3 of 3
RCIT
O
0 1 3,079 Feet
*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.
REPORT PRINTED ON... 11/8/23 2:44:5
aae 179 of 2269
© Riverside County GIS
Legend
Blueline Streams
City Areas
World Street Map
Notes
BEAUMONT POINTE SPECIFIC PLAN
A_
DRAFT ENVIRONMENTAL IMPACT REPORT
S C H NO. 2020099007
i
CITY OF BEAUMONT
PUBLIC REVIEW DRAFT
DECEMBER 2022
Draft Environmental Impact Report
SCH No. 2020099007
Beaumont Pointe Specific Plan
City of Beaumont, California
Lead Agency
City of Beaumont
550 East 6th Street
Beaumont, CA 92223
CEQA Consultant
T&B Planning, Inc.
3200 El Camino Real, Suite 100
Irvine, CA 92602
Project Applicant
JRT BP1, LLC
18032 Lemon Drive, Suite 367
Yorba Linda, CA 9288
Lead Agency Discretionary Permits
General Plan Amendment PLAN2019-0284
Pre -Zone PLAN2019-0283
Adoption of the Beaumont Pointe Specific Plan SP2019-0003 Sign Program
Tentative Parcel Map No. 82551
Development Agreement No. 01-2017
December 2022
■ ■ Beaumont Pointe Specific Plan
Environmental Impact Report Table of Contents
•
TABLE OF CONTENTS
Section Name and Number
Page
1.0 Executive Summary 1-1
1.1 Introduction 1-1
1.2 Proposed Project 1-2
1.2.1 Location and Regional Setting 1-2
1.2.2 Project Objectives 1-2
1.2.3 Project Description Summary 1-4
1.3 Areas of Controversy and Issues to be Resolved 1-4
1.3.1 Public Scoping Meeting 1-5
1.4 Alternatives to the Proposed Project 1-5
1.4.1 No Project/No Development Alternative 1-5
1.4.2 Existing City General Plan Alternative 1-5
1.4.3 Reduced Development Area and Intensity Alternative 1-5
1.4.4 Reduced Intensity Alternative 1-6
1.4.5 Truck Storage Yard Alternative 1-6
1.5 Summary of Impact, Mitigation, and Levels of Impact 1-6
1.6 Mitigation Monitoring 1-6
2.0 Introduction and Purpose 2-1
2.1 Document Format 2-1
2.2 Purpose of CEQA and this EIR 2-5
2.3 Regionally Significant Project 2-6
2.4 Incorporated Documents 2-6
2.5 Technical Reports 2-7
2.6 Responsible and Trustee Agencies 2-8
2.6.1 Responsible Agencies 2-8
2.6.2 Trustee Agencies 2-9
2.7 Public Review of the Draft Environmental Impact Report 2-9
2.8 Notice of Preparation and Public Scoping Meeting 2-10
2.9 Potential Impacts of the Project Discussed in the EIR 2-16
2.10 Mitigation Monitoring 2-17
3.0 Project Description 3-1
3.1 Summary of the Proposed Project 3-1
3.2 Project Location and Access 3-2
3.2.1 Regional 3-2
3.2.2 Local 3-3
3.3 Environmental Setting 3-3
3.3.1 Project Setting and Land Uses 3-3
3.3.2 Surrounding Land Uses 3-4
Lead Agency: City of Beaumont SCH No. 2020099007
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Environmental Impact Report Table of Contents
•
3.4 Existing General Plan Designations and Zoning Classifications 3-4
3.5 Statement of Objectives 3-6
3.6 Project Components 3-7
3.6.1 General Plan Amendment (PLAN2019-0284) 3-8
3.6.2 Pre -Zone (PLAN2019-0283) 3-8
3.6.3 Specific Plan (SP2019-0003) 3-8
3.6.4 Sign Program 3-20
3.6.5 Tentative Parcel Map No. 82551 3-20
3.6.6 Development Agreement (DA No. 01-2017) 3-21
3.6.7 Plot Plans and Conditional Use Permits 3-21
3.7 Construction and Operational Characteristics of the Project 3-22
3. 7.1 Construction Characteristics 3-22
3.7.2 Operational Characteristics 3-27
3.8 Phasing 3-28
3.8.1 Development and Roadway Phasing 3-28
3.8.2 Water, Reclaimed Water, Sewer, and Drainage Phasing 3-29
3.9 Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Criteria Refinement 3-30
3.10 Summary of Requested Actions 3-31
4.0 Environmental Analysis 4-1
4.0.1 Summary of EIR Scope 4-1
4.0.2 Organization of Environmental Analysis 4-2
4.0.3 Terminology Used in This EIR 4-2
4.0.4 Project design Features and Regulatory Requirements 4-3
4.0.5 Project Projections 4-3
4.0.6 Scope of Cumulative Effects Analysis 4-4
4.0.7 Related Projects 4-7
4.1 Aesthetics 4.1-1
4.1.1 Existing Conditions 4.1-1
4.1.2 Notice of Preparation/Scoping Comments 4.1-5
4.1.3 Regulatory Framework 4.1-5
4.1.4 Basis for Determining Significance 4.1-7
4.1.5 Regulatory Requirements and Project Design Features 4.1-8
4.1.6 Impact Analysis 4.1-8
4.1.7 Cumulative Impact Analysis 4.1-25
4.1.8 Significance of Impacts Before Mitigation 4.1-27
4.1.9 Mitigation 4.1-27
4.1.10 Significance of Impacts after Mitigation 4.1-27
4.2 Agriculture and Forestry Resources 4.2-1
4.2.1 Existing Conditions 4.2-1
4.2.2 Notice of Preparation/Scoping Comments 4.2-2
4.2.3 Regulatory Framework 4.2-2
Lead Agency: City of Beaumont SCH No. 2020099007
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■ ■ Beaumont Pointe Specific Plan
Environmental Impact Report Table of Contents
•
4.2.4 Methodology 4.2-7
4.2.5 Basis for Determining Significance 4.2-8
4.2.6 Impact Analysis 4.2-8
4.2.7 Cumulative Impact Analysis 4.2-10
4.2.8 Significance oflmpacts Before Mitigation 4.2-10
4.2.9 Mitigation 4.2-11
4.2.10 Significance of Impacts After Mitigation 4.2-11
4.3 Air Quality 4.3-1
4.3.1 Existing Conditions 4.3-1
4.3.2 Notice of Preparation/Scoping Comments 4.3-19
4.3.3 Regulatory Framework 4.3-20
4.3.4 Methodology 4.3-24
4.3.5 Basis for Determining Significance 4.3-35
4.3.6 Impact Analysis 4.3-36
4.3.7 Cumulative Impact Analysis 4.3-49
4.3.8 Significance oflmpacts Before Mitigation 4.3-50
4.3.9 Mitigation 4.3-51
4.3.10 Significance of Impacts After Mitigation 4.3-54
4.4 Biological Resources 4.4-1
4.4.1 Existing Conditions 4.4-1
4.4.2 Notice Of Preparation/Scoping Comments 4.4-28
4.4.3 Regulatory Framework 4.4-29
4.4.4 Methodology 4.4-39
4.4.5 Basis for Determining Significance 4.4-42
4.4.6 Regulatory Requirements and Project Design Features 4.4-42
4.4.7 Impact Analysis 4.4-43
4.4.8 Cumulative Impact Analysis 4.4-61
4.4.9 Significance oflmpacts Before Mitigation 4.4-62
4.4.10 Mitigation 4.4-63
4.4.11 Significance oflmpacts After Mitigation 4.4-65
4.5 Cultural Resources 4.5-1
4.5.1 Existing Conditions 4.5-1
4.5.2 Notice of Preparation/Scoping Comments 4.5-7
4.5.3 Regulatory Framework 4.5-8
4.5.4 Basis for Determining Significance 4.5-13
4.5.5 Regulatory Requirements 4.5-13
4.5.6 Impact Analysis 4.5-14
4.5.7 Cumulative Impact Analysis 4.5-17
4.5.8 Significance oflmpacts Before Mitigation 4.5-17
4.5.9 Mitigation 4.5-18
4.5.10 Significance oflmpacts After Mitigation 4.5-20
4.6 Energy 4.6-1
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■ ■ Beaumont Pointe Specific Plan
Environmental Impact Report Table of Contents
•
4.6.1 Existing Conditions 4.6-1
4.6.2 Notice of Preparation/Scoping Comments 4.6-2
4.6.3 Regulatory Framework 4.6-3
4.6.4 Methodology 4.6-8
4.6.5 Basis for Determining Significance 4.6-8
4.6.6 Project Design Features 4.6-9
4.6.7 Impact Analysis 4.6-9
4.6.8 Cumulative Impact Analysis 4.6-38
4.6.9 Significance oflmpacts Before Mitigation 4.6-39
4.6.10 Mitigation 4.6-39
4.6.11 Significance of Impacts After Mitigation 4.6-39
4.7 Geology and Soils 4.7-1
4.7.1 Existing Conditions 4.7-1
4.7.2 Notice of Preparation/Scoping Comments 4.7-7
4.7.3 Regulatory Framework 4.7-8
4.7.4 Basis for Determining Significance 4.7-13
4.7.5 Regulatory Requirements 4.7-13
4.7.6 Impact Analysis 4.7-16
4.7.7 Cumulative Impact Analysis 4.7-23
4.7.8 Significance oflmpacts Before Mitigation 4.7-24
4.7.9 Mitigation 4.7-25
4.7.10 Significance of Impacts After Mitigation 4.7-26
4.8 Greenhouse Gas Emissions 4.8-1
4.8.1 Existing Conditions 4.8-1
4.8.2 Notice of Preparation/Scoping Comments 4.8-8
4.8.3 Regulatory Framework 4.8-8
4.8.4 Methodology 4.8-27
4.8.5 Basis for Determining Significance 4.8-31
4.8.6 Regulatory Requirements and Project Design Features 4.8-34
4.8.7 Impact Analysis 4.8-34
4.8.8 Cumulative Impact Analysis 4.8-59
4.8.9 Significance oflmpacts Before Mitigation 4.8-60
4.8.10 Mitigation 4.8-60
4.8.11 Significance of Impacts After Mitigation 4.8-60
4.9 Hazards and Hazardous Materials 4.9-1
4.9.1 Existing Conditions 4.9-2
4.9.2 Notice of Preparation/Scoping Comments 4.9-5
4.9.3 Regulatory Framework 4.9-5
4.9.4 Basis for Determining Significance 4.9-11
4.9.5 Impact Analysis 4.9-12
4.9.6 Cumulative Impact Analysis 4.9-21
4.9.7 Significance oflmpacts Before Mitigation 4.9-22
Lead Agency: City of Beaumont SCH No. 2020099007
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■ ■ Beaumont Pointe Specific Plan
Environmental Impact Report Table of Contents
•
4.9.8 Mitigation 4.9-23
4.9.9 Significance of Impacts After Mitigation 4.9-23
4.10 Hydrology and Water Quality 4.10-1
4.10.1 Existing Conditions 4.10-1
4.10.2 Notice of Preparation/Scoping Comments 4.10-4
4.10.3 Regulatory Framework 4.10-4
4.10.4 Basis for Determining Significance 4.10-11
4.10.5 Regulatory Requirements 4.10-12
4.10.6 Impact Analysis 4.10-14
4.10.7 Cumulative Impact Analysis 4.10-25
4.10.8 Significance oflmpacts Before Mitigation 4.10-27
4.10.9 Mitigation 4.10-28
4.10.10 Significance of Impacts After Mitigation 4.10-28
4.11 Land Use and Planning 4.11-1
4.11.1 Existing Conditions 4.11-1
4.11.2 Notice of Preparation/Scoping Comments 4.11-3
4.11.3 Regulatory Framework 4.11-3
4.11.4 Basis for Determining Significance 4.11-8
4.11.5 Impact Analysis 4.11-8
4.11.6 Cumulative Impact Analysis 4.11-44
4.11.7 Significance of Impacts Before Mitigation 4.11-44
4.11.8 Mitigation 4.11-44
4.11.9 Significance of Impacts After Mitigation 4.11-44
4.12 Mineral Resources 4.12-1
4.12.1 Existing Conditions 4.12-1
4.12.2 Notice of Preparation/Scoping Comments 4.12-1
4.12.3 Regulatory Framework 4.12-1
4.12.4 Methodology 4.12-3
4.12.5 Basis for Determining Significance 4.12-3
4.12.6 Impact Analysis 4.12-4
4.12.7 Cumulative Impact Analysis 4.12-4
4.12.8 Significance oflmpacts Before Mitigation 4.12-5
4.12.9 Mitigation 4.12-5
4.12.10 Significance of Impacts after Mitigation 4.12-5
4.13 Noise 4.13-1
4.13.1 Noise and Vibration Fundamentals 4.13-1
4.13.2 Existing Conditions 4.13-2
4.13.3 Notice of Preparation/Scoping Comments 4.13-4
4.13.4 Regulatory Framework 4.13-4
4.13.5 Methodology 4.13-9
4.13.6 Basis for Determining Significance 4.13-17
4.13.7 Impact Analysis 4.13-20
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Environmental Impact Report Table of Contents
•
4.13.8 Cumulative Impact Analysis 4.13-36
4.13.9 Significance oflmpacts Before Mitigation 4.13-39
4.13.10 Mitigation 4.13-39
4.13.11 Significance of Impacts After Mitigation 4.13-39
4.14 Population and Housing 4.14-1
4.14.1 Existing Conditions 4.14-1
4.14.2 Notice of Preparation/Scoping Comments 4.14-4
4.14.3 Regulatory Framework 4.14-4
4.14.4 Basis for Determining Significance 4.14-6
4.14.5 Impact Analysis 4.14-7
4.14.6 Cumulative Impact Analysis 4.14-11
4.14.7 Significance oflmpacts Before Mitigation 4.14-12
4.14.8 Mitigation 4.14-12
4.14.9 Significance of Impacts After Mitigation 4.14-12
4.15 Public Services 4.15-1
4.15.1 Existing Conditions 4.15-1
4.15.2 Notice of Preparation/Scoping Comments 4.15-5
4.15.3 Regulatory Framework 4.15-5
4.15.4 Basis for Determining Significance 4.15-10
4.15.5 Impact Analysis 4.15-11
4.15.6 Cumulative Impact Analysis 4.15-15
4.15.7 Significance oflmpacts Before Mitigation 4.15-17
4.15.8 Mitigation 4.15-17
4.15.9 Significance of Impacts After Mitigation 4.15-17
4.16 Recreation 4.16-1
4.16.1 Existing Conditions 4.16-1
4.16.2 Notice of Preparation/Scoping Comments 4.16-4
4.16.3 Regulatory Framework 4.16-4
4.16.4 Basis for Determining Significance 4.16-5
4.16.5 Impact Analysis 4.16-6
4.16.6 Cumulative Impact Analysis 4.16-7
4.16.7 Significance oflmpacts Before Mitigation 4.16-8
4.16.8 Mitigation 4.16-9
4.16.9 Significance of Impacts After Mitigation 4.16-9
4.17 Transportation 4.17-1
4.17.1 Notice Of Preparation/Scoping Comments 4.17-1
4.17.2 Existing Conditions 4.17-2
4.17.3 Regulatory Framework 4.17-5
4.17.4 Methodology 4.17-8
4.17.5 Basis for Determining Significance 4.17-9
4.17.6 Regulatory Requirements 4.17-10
4.17.7 Impact Analysis 4.17-10
Lead Agency: City of Beaumont SCH No. 2020099007
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■ ■ Beaumont Pointe Specific Plan
Environmental Impact Report Table of Contents
•
4.17.8 Cumulative Impact Analysis 4.17-20
4.17.9 Significance oflmpacts Before Mitigation 4.17-21
4.17.10 Mitigation Measures 4.17-22
4.17.11 Significance of Impacts After Mitigation 4.17-23
4.18 Tribal Cultural Resources 4.18-1
4.18.1 Existing Conditions 4.18-1
4.18.2 Notice of Preparation/Scoping Comments and Tribal Outreach 4.18-5
4.18.3 Regulatory Framework 4.18-5
4.18.4 Methodology 4.18-11
4.18.5 Basis for Determining Significance 4.18-11
4.18.6 Regulatory Requirements 4.18-12
4.18.7 Impact Analysis 4.18-13
4.18.8 Cumulative Impact Analysis 4.18-14
4.18.9 Significance oflmpacts Before Mitigation 4.18-15
4.18.10 Mitigation 4.18-15
4.18.11 Significance of Impacts After Mitigation 4.18-15
4.19 Utilities and Service Systems 4.19-1
4.19.1 Existing Conditions 4.19-1
4.19.2 Notice of Preparation/Scoping Comments 4.19-7
4.19.3 Regulatory Framework 4.19-8
4.19.4 Basis for Determining Significance 4.19-18
4.19.5 Impact Analysis 4.19-19
4.19.6 Cumulative Impact Analysis 4.19-27
4.19.7 Significance oflmpacts Before Mitigation 4.19-28
4.19.8 Mitigation 4.19-28
4.20 Wildfire 4.20-1
4.20.1 Existing Conditions 4.20-1
4.20.2 Notice of Preparation/Scoping Comments 4.20-4
4.20.3 Regulatory Framework 4.20-4
4.20.4 Basis for Determining Significance 4.20-7
4.20.5 Impact Analysis 4.20-7
4.20.6 Cumulative Impact Analysis 4.20-22
4.20.7 Significance oflmpacts Before Mitigation 4.20-23
4.20.8 Mitigation 4.20-24
4.20.9 Significant oflmpacts After Mitigation 4.20-24
5.0 Other CEQA Considerations 5-1
5.1 Significant Irreversible Environmental Effects Which Cannot Be Avoided if the Project is Implemented 5-1
5.2 Significant Irreversible Environmental Changes Which Would be Caused by the Project Should it be Implemented 5-3
5.3 Growth -Inducing Impacts of the Project 5-5
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6.0 Alternatives 6-1
6.1 Introduction 6-1
6.1.1 Project Objectives 6-1
6.1.2 Summary of the Proposed Project's Significant Impacts 6-2
6.2 Alternatives Under Consideration 6-3
6.2.1 No Project/No Development Alternative 6-4
6.2.2 Existing City General Plan Alternative 6-4
6.2.3 Reduced Development Area and Intensity Alternative 6-4
6.2.4 Reduced Intensity Alternative 6-4
6.2.5 Truck Storage Yard Alternative 6-5
6.3 Alternatives Considered and Rejected 6-5
6.3.1 Alternative Sites 6-5
6.3.2 All -Commercial Alternative 6-6
6.3.3 Rural Residential Alternative 6-8
6.4 Analysis of Alternatives 6-8
6.4.1 No Project/No Development Alternative 6-9
6.4.2 Existing City General Plan Alternative 6-15
6.4.3 Reduced Development Area and Intensity Alternative 6-22
6.4.4 Reduced Intensity Alternative 6-30
6.4.5 Truck Storage Yard Alternative 6-37
6.5 Environmentally Superior Alternative 6-44
7.0 References 7-1
7.1 Persons Contributing to EIR Preparation 7-1
7.1.1 City of Beaumont 7-1
7.1.2 T&B Planning, Inc 7-1
7.1.3 Technical Report Consultants 7-2
7.2 Documents Incorporated by Reference 7-3
7.3 Persons Consulted/Written or Verbal Communication 7-13
7.3.1 Public Service Correspondence 7-13
7.3.2 Tribal Consultation 7-13
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LIST OF FIGURES
Figure Number and Name
Page
Figure 3-1 Regional Map 3-34
Figure 3-2 Vicinity Map 3-35
Figure 3-3 USGS Topographic Map 3-36
Figure 3-4 Aerial Photograph 3-37
Figure 3-5 City of Beaumont Existing General Plan Land Use Designation 3-38 Figure 3-6 Riverside County Existing Zoning Classification 3-39 Figure 3-7 Conceptual Land Use Plan 3-40
Figure 3-8 Conceptual Circulation Plan 3-41
Figure 3-9 Conceptual Potable Water Plan 3-42
Figure 3-10 Conceptual Reclaimed Water Plan 3-43
Figure 3-11 Conceptual Sewer Plan 3-44
Figure 3-12 Conceptual Drainage and Water Quality Plan 3-45 Figure 3-13 Fuel Modification Plan 3-46
Figure 3-14 Master Landscape Plan 3-47
Figure 3-15 Conceptual Wall and Fence Plan 3-48
Figure 3-16 Conceptual Site Plan 3-49
Figure 3-17 Conceptual Grading Plan 3-50
Figure 3-18 Conceptual Potable Water Phasing Plan 3-51
Figure 3-19 Conceptual Reclaimed Water Phasing Plan 3-52 Figure 3-20 Conceptual Sewer Phasing Plan 3-53
Figure 3-21 Conceptual Drainage and Water Quality Phasing Plan 3-54 Figure 4.0-1 Cumulative Development Location Map 4-9
Figure 4.1-1 On -Site Visual Character 4.1-3
Figure 4.1-2 Existing and Proposed Ridgelines 4.1-11
Figure 4.1-3 Conceptual Grading Plan 4.1-14
Figure 4.2-1 FMMP Farmlands Map 4.2-6
Figure 4.3-1 Sensitive Receptor Locations 4.3-33
Figure 4.3-2 Modeled Emission Source 4.3-34
Figure 4.4-1 Vegetation Map 4.4-67
Figure 4.4-2 MSHCP Overlay Survey Area Map 4.4-68
Figure 4.4-3 MSHCP Overlay Map 4.4-69
Figure 4.4-4 Proposed Core 3 Map 4.4-70
Figure 4.4-5 Corps/RWQCB Jurisdictional Delineation Map 4.4-71 Figure 4.4-6 CDFW/MSHCP Jurisdictional Delineation Map 4.4-72 Figure 4.4-7 Vegetation Impacts Map 4.4-73
Figure 4.4-8 Corps/Regional Board Jurisdictional Delineation/Impact Map 4.4-74 Figure 4.4-9 CDFW/MSHCP Jurisdictional Delineation/Impact Map 4.4-75 Figure 4.4-10 Proposed SR -60 Wildlife Crossings Map 4.4-76 Lead Agency: City of Beaumont SCH No. 2020099007
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Figure 4.4-11 Proposed Fencing and SR -60 Crossings Map 4.4-77 Figure 4.9-1 Fire Hazard Severity Zones 4.9-6
Figure 4.10-1 Existing Hydrology Map 4.10-3
Figure 4.10-2 Proposed Hydrology Map and Water Quality Plan 4.10-19 Figure 4.13-1 Noise Measurement Locations 4.13-3
Figure 4.13-2 Noise Receiver Locations 4.13-11
Figure 4.13-3 Blasting Noise Source Locations 4.13-16
Figure 4.17-1 County of Riverside Trails and Bikeway System 4.17-3 Figure 4.17-2 Existing Pedestrian Facilities 4.17-4
Figure 4.20-1 Fire Hazard Severity Zones 4.20-3
Figure 4.20-2 Evacuation Routes 4.20-12
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LIST OF TABLES
Table Number and Name Page
Table 1-1 Summary of Impacts, Mitigation, and Levels of Impact 1-7 Table 2-1 Location of CEQA Required Topics in this EIR 2-2 Table 2-2 Summary of NOP and Scoping Meeting Comments 2-10 Table 3-1 Land Use Plan Statistical Summary 3-10
Table 3-2 Conceptual Industrial Site Plan Summary 3-21
Table 3-3 Construction Schedule 3-23
Table 3-4 Overlap of Construction -Related Activities 3-24 Table 3-5 Construction Equipment Fleet 3-25
Table 3-6 Development and Roadway Infrastructure Phasing 3-28 Table 3-7 Project -Related Approvals/Permits 3-31
Table 4.0-1 Cumulative Development Land Use Summary 4-7 Table 4.1-1 Common Outdoor Light Levels 4.1-4
Table 4.1-2 Riverside County Eligible and Designated Scenic Highways 4.1-6 Table 4.1-3 General Plan Applicability Analysis 4.1-17
Table 4.3-1 Ambient Air Quality Standards 4.3-6
Table 4.3-2 Attainment Status of Criteria Pollutants in the South Coast Air Basin 4.3-8 Table 4.3-3 Project Area Air Quality Monitoring Summary 2017-2019 4.3-19 Table 4.3-4 Construction Activities 4.3-25
Table 4.3-5 Maximum Daily Regional Emission Thresholds 4.3-35 Table 4.3-6 Maximum Daily Peak Construction Emission Summary 4.3-38 Table 4.3-7 Summary of Peak Operation Emissions 4.3-39
Table 4.3-8 Potential Overlap of Construction and Operational Activity 4.3-42 Table 4.3-9 Localized Significant Summary - Construction 4.3-43 Table 4.3-10 Localized Significant Summary - Operation 4.3-44 Table 4.3-11 Maximum Daily Peak Construction Emission Summary with Mitigation 4.3-55 Table 4.4-1 Summary of Existing Vegetation Communities/Land Cover Types 4.4-2 Table 4.4-2 Special -Status Plants Evaluated for the Project site 4.4-4 Table 4.4-3 Special -Status Animals Evaluated for the Project Site 4.4-12 Table 4.4-4 Summary of Corps/Regional Board Jurisdiction for the Project Site 4.4-26 Table 4.4-5 Summary of CDFW Jurisdiction for the Project Site 4.4-27 Table 4.4-6 Summary of Biological Surveys for the Project Site 4.4-39 Table 4.4-7 Summary of Construction Noise Levels 4.4-52 Table 4.4-8 Summary of Operational Noise Levels 4.4-53
Table 4.4-9 Summary of Vegetation Community/Land Cover Impacts 4.4-55 Table 4.4-10 Summary of Impacts to Potential Corps and Regional Board Jurisdiction 4.4-56 Table 4.4-11 Summary of CDFW Jurisdictional Impacts 4.4-56 Table 4.6-1 Natural Gas Consumption in SCG Service Area in 2018 4.6-2 Table 4.6-2 Construction Energy Usage 4.6-10
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Table 4.6-3 Construction Equipment Fuel Consumption Estimates 4.6-12 Table 4.6-4 Construction Worker Fuel Consumption Estimates LDA 4.6-15 Table 4.6-5 Construction Worker Fuel Consumption Estimates - LDT1 4.6-17 Table 4.6-6 Construction Worker Fuel Consumption Estimates - LDT2 4.6-19 Table 4.6-7 Construction Vendor Fuel Consumption Estimates MHDT 4.6-21 Table 4.6-8 Construction Vendor Fuel Consumption Estimates - HHDT 4.6-23 Table 4.6-9 Project Annual Operational Energy Demand Summary 4.6-27 Table 4.6-10 Project Generated Traffic Annual Fuel Consumption (All Vehicles) 4.6-28 Table 4.6-11 County of Riverside General Plan Applicability Analysis 4.6-35 Table 4.6-12 City of Beaumont General Plan Applicability Analysis 4.6-37 Table 4.7-1 Major Significant Faults in the Project Site Vicinity 4.7-4 Table 4.8-1 GWP and Atmospheric Lifetime of Select GHGs 4.8-2 Table 4.8-2 Top GHG-Producing Countries and the European Union 4.8-5 Table 4.8-3 Amortized Annual Construction Emissions 4.8-35 Table 4.8-4 2027 Project Buildout GHG Emissions 4.8-36
Table 4.8-5 Applicability of Sustainable Beaumont Goals 4.8-37 Table 4.8-6 CAP Screening Table for GHG Implementation Measures 4.8-39 Table 4.8-7 SCAG Connect SoCal Applicability Analysis 4.8-41 Table 4.8-8 County of Riverside General Plan Applicability Analysis 4.8-44 Table 4.8-9 City of Beaumont General Plan Applicability Analysis 4.8-53 Table 4.8-10 2027 Project Buildout GHG Emissions with Mitigation 4.8-61 Table 4.9-1 Evacuation Time Summary 4.9-18
Table 4.10-1 Existing 100 -Year Peak Flow Rates 4.10-2
Table 4.10-2 Receiving Waters Tributary to the Project Site 4.10-9 Table 4.10-3 Construction Activity Best Management Practices 4.10-16 Table 4.10-4 Permanent and Operational Source Control BMPs 4.10-18 Table 4.10-5 Developed 100 -Year Peak Flow Rates 4.10-23 Table 4.10-6 Detention Basin 100 -Year Peak Flow Capacity 4.10-24 Table 4.11-1 General Plan Applicability Analysis 4.11-9 Table 4.11-2 SCAG Connect SoCal Consistency Analysis 4.11-40 Table 4.13-1 Operational Noise Standards 4.13-8
Table 4.13-2 Construction Reference Noise Levels 4.13-9 Table 4.13-3 Operational Reference Noise Levels 4.13-13 Table 4.13-4 Roadway Parameters 4.13-14
Table 4.13-5 Vibration Source Levels for Construction Equipment 4.13-15 Table 4.13-6 Summary of Noise Significance Criteria 4.13-19 Table 4.13-7 Project Construction Noise Levels 4.13-21
Table 4.13-8 Project Blasting and Compliance Summary 4.13-22 Table 4.13-9 Nighttime Concrete Pour Noise Level Compliance 4.13-23 Table 4.13-10 Project Daytime Operational Noise - Stationary Noise 4.13-25 Table 4.13-1 1 Project Nighttime Operational Noise -Stationary Noise 4.13-26 Table 4.13-12 Project Operational Noise - Stationary Noise 4.13-26 Lead Agency: City of Beaumont SCH No. 2020099007
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Table 4.13-13 Project Operational Noise Level Contributions - Daytime 4.13-28 Table 4.13-14 Project Operational Noise Level Contributions - Nighttime 4.13-28 Table 4.13-15 Existing plus Project Phase 1 Traffic Noise Levels 4.13-30 Table 4.13-16 Existing plus Project Phase 1 + 2 Traffic Noise Levels 4.13-30 Table 4.13-17 Existing plus Project Buildout Traffic Noise Levels 4.13-31 Table 4.13-18 Opening Year (2023) Traffic Noise Levels 4.13-31 Table 4.13-19 Opening Year (2025) Traffic Noise Levels 4.13-32 Table 4.13-20 Opening Year (2027) Traffic Noise Levels 4.13-32 Table 4.13-21 Horizon Year (2045) Traffic Noise Levels 4.13-33 Table 4.13-22 Off -Site Traffic Incremental Noise Level Increase Summary 4.13-34 Table 4.13-23 Project Construction Vibration Levels 4.13-35 Table 4.13-24 Project Blasting Vibration and Compliance Summary 4.13-36 Table 4.14-1 SCAG Population, Households, and Employment Projections 4.14-1 Table 4.14-2 Jobs -Housing Ratio (SCAG Projections) 4.14-2 Table 4.14-3 City of Beaumont General Plan Population, Households and Employment Projections vs. SCAG 4.14-4
Table 4.14-4 Estimated Population and Housing Growth in Beaumont with Project 4.14-9 Table 4.14-5 Cumulative Projects Population, Housing, and Employment Growth Trends in Beaumont 4.14-11
Table 4.15-1 Riverside County Fire Department Stations 4.15-2 Table 4.15-2 2018-2020 Crime Statistics 4.15-3
Table 4.15-3 BUSD School Capacity and Enrollment (2020-2021) 4.15-4 Table 4.15-4 Project Estimated Call Volumes 4.15-12
Table 4.16-1 Existing Park and Recreational Facility Inventory in Beaumont 4.16-2 Table 4.17-1 General Plan Applicability Analysis 4.17-11 Table 4.17-2 Project VMT per SP Comparison 4.17-16
Table 4.17-3 Horizon Year (2045) Freeway Off -Ramp Queuing Analysis 4.17-19 Table 4.19-1 Existing 100 -Year Peak Flow Rate 4.19-4
Table 4.19-2 Natural Gas Consumption in SCG Service Area in 2018 4.19-7 Table 4.20-1 Evacuation Time Summary 4.20-11
Table 6-1 Estimated Population and Housing Growth in Beaumont with Existing City General Plan Alternative 6-20
Table 6-2 Comparison of Project VMT to the Existing City General Plan Alternative 6-21 Table 6-3 Estimated Population and Housing Growth in Beaumont with the Reduced Development Area and Intensity Alternative 6-27 Table 6-4 Comparison of Project VMT to the Reduced Development Area and Intensity Alternative 6-28
Table 6-5 Estimated Population and Housing Growth in Beaumont with the Reduced Intensity Alternative 6-34
Table 6-6 Comparison of Project VMT to the Reduced Intensity Alternative 6-35 Table 6-7 Estimated Population and Housing Growth in Beaumont with the Truck Storage Yard Alternative 6-41
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Table 6-8 Comparison of Project VMT to the Truck Storage Yard Alternative 6-42 Table 6-9 Comparison of Alternatives and Project -related Environmental Impacts 6-46 Table 6-10 Alternatives Attainment of Project Objectives 6-47 Lead Agency: City of Beaumont SCH No. 2020099007
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TECHNICAL APPENDICES (PROVIDED ON USB)
Appendix A Notice of Preparation (NOP) and Written Comments on the NOP Appendix B1 Air Quality Analysis
Appendix B2 Health Risk Assessment
Appendix C1 Biological Resources Assessment
Appendix C2 Criteria Cell Refinement Analysis
Appendix D Phase 1 and 11 Cultural Resources Assessment Appendix E Energy Analysis
Appendix F1 Preliminary Geotechnical Feasibility Investigation Appendix F2 Paleontological Resources Analysis
Appendix G Greenhouse Gas Analysis
Appendix H Phase 1 Environmental Site Assessment Report Appendix 11 Hydrology and Hydraulic Study
Appendix 12 Preliminary Water Quality Management Plan
Appendix J Noise Impact Analysis
Appendix K1 Traffic Impact Analysis
Appendix K2 Vehicle Miles Traveled Analysis
Appendix 11 Water Supply Assessment
Appendix L2 Amendment #1 Water Supply Assessment
Appendix M1 Fire Protection Plan
Appendix M2 Evacuation Study
Appendix N Conceptual Lighting Study
Appendix 0 Public Service Correspondence
Appendix P Emissions, Trip Generation, and VMT Analysis for Alternatives Lead Agency: City of Beaumont SCH No. 2020099007
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ACRONYMS AND ABBREVIATIONS
Acronym Definition
Section
> greater than
greater than or equal to
a.m. Ante Meridiem (between the hours of midnight and noon) AB Assembly Bill
AB 52 Native Americans: California Environmental Quality Act AB 1493 Pavley Fuel Efficiency Standards
AB 1327 California Solid Waste Reuse and Recycling Act
AB 939 California Solid Waste Integrated Management Act AB 1881 California Assembly Bill 1881, California Water Conservation Act of 2006 AC Acres
ACMs Asbestos Containing Materials
A.D. Anno Domini
ADP Area Drainage Plan
AERMOD Air Quality Dispersion Modeling
ADT Average Daily Traffic
AFY Acre Feet per Year
AHI Area of Historic Interest
A -P Act Alquist-Priolo Earthquake Fault Zoning Act
APN Assessor Parcel Number
AQMP Air Quality Management Plan
AMTP Archeological Monitoring and Treatment Plan
ASTM American Society of Testing and Materials
ASTs Above ground storage tanks
Av. Avenue
BACM Best Available Control Measure
BAU Business as Usual
B.C. Before Christ
BC black carbon
BCVWD Beaumont -Cherry Valley Water District
bgs Below ground surface
Blvd. Boulevard
BMPs Best Management Practices
BLM Bureau of Land Management
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BSA
BUSD
Table of Contents
C2F6
C2H6
CA
CAA
CAAQS
CAFE
Ca1EEModTM
Ca1EPA
CALGreen Code
Biological Study Area
Beaumont Unified School District
Hexafluoroethane
Ethane
California
Federal Clean Air Act
California Ambient Air Quality Standards
Corporate Average Fuel Economy
California Emissions Estimator Model
California Environmental Protection Agency
California Green Building Standards Code
Cal Pub Res. Code §42911 California Solid Waste Reuse and Recycling Act of 1991 Caltrans
CAP
CAPCOA
CAPSSA
CARB
CASSA
CAW
CBC
CBD
CBSC
CCR
CCAA
CDC
CDD
CDE
CDFW
CEC
CEPA
CEQA
CERCLA
CESA
CFC
CFCs
CF4
CF3CH2F
CFR
CFS
California Departilient of Transportation
Climate Action Plan
California Air Pollution Control Officers Association
Criteria Area Plant Species Survey Area
California Air Resources Board
Criteria Area Species Survey Area
California American Water
California Building Code
Center for Biological Diversity
California Building Standards Code
California Code of Regulations
California Clear Air Act
California Department of Conservation
Community Development Director
California Depattinent of Education
California Department of Fish and Wildlife
California Energy Commission
California Environmental Protection Agency
California Environmental Quality Act
Comprehensive Environmental Response, Compensation, and Liability Act California Endangered Species Act
California Fire Code
Chlorofluorocarbons
Tetraflouromethane
HFC-134a
Code of Federal Regulations
Cubic Feet per Second
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CGS California Geologic Survey
CH Conservation Habitat
CH4 Methane
CH3CHF2 HFC-152a
CHF3 HFC-23
CHHSL California Human Health Screening Level
CHP combined heat and power
CHRIS California Historic Resources Information System
CIWMB California Integrated Waste Management Board
CLCA California Land Conservation Act
CLUP Comprehensive Land Use Plan
CMP Congestion Management Program
CNDDB California Natural Diversity Database
CNEL Community Noise Equivalent Level
CNPS California Native Plant Society
CO Carbon Monoxide
COG Council of Governments
CO2 Carbon Dioxide
CO2e Carbon Dioxide Equivalent
COHb carboxyhemoglobin
CPUC California Public Utilities Commission
CREED Citizens for Responsible Equitable Environmental Development CRMP Cultural Resource Management Plan
CTC California Transportation Commission
CTP Clean Truck Program
CTR Commute Trip Reduction
CUP Conditional Use Permit
CWA Clean Water Act
CWC California Water Code
CY Cubic Yards
DA Development Agreement
dB Decibel
dBA A -weighted Decibels
DBESP Determination of Biologically Equivalent or Superior Preservation DDRP Diesel Risk Reduction Plan
DEH Department of Environmental Health
DIF Development Impact Fee
DOF California Department of Finance
DOSH Division of Occupational Safety and Health
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DPM Diesel Particulate Matter
DRC Design Review Committee
DTSC Department of Toxic Substances Control
DU Dwelling Unit
DU/AC Dwelling units per acre
DWR Department of Water Resources
e/o East of
E+A+P Existing plus Ambient Growth plus Project Conditions E+A+P+C Existing plus Ambient Growth plus Project Conditions plus Cumulative Conditions
E+P Existing plus Project Conditions
EDR EDR Sanborn
EIR Environmental Impact Report
EMFAC Emission Factor Model
EMWD Eastern Municipal Water District
EO Executive Order
EPA Environmental Protection Agency
EPCRA Emergency Planning and Community Right -To -Know Act EPS Emission Performance Standard
ESA Environmental Site Assessment
et seq. et sequentia, meaning "and the following"
EV Electric Vehicle
F Fahrenheit
FAA Federal Aviation Administration
FAR floor area ratio
FEIR Final Environmental Impact Report
FEMA Federal Emergency Management Agency
FESA Federal Endangered Species Act
FFA Future Farmers of America
FHSZ Fire Hazard Severity Zone
FIRM Flood Insurance Rate Map
FHA Federal Housing Administration
FHWA Federal Highway Administration
FIA Fiscal Impact Analysis
FICON Federal Interagency Committee on Noise
FMMP Farmland Mapping and Monitoring Program
FPP Fire Protection Plan
FTA Federal Transit Association
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FY Fiscal Year
FYI For Your Information
GC General Commerical
GCC Global Climate Change
Gg Gigagrams
GHG Greenhouse Gas
GIS Geographic Information System
GgCO2e Gigagrams of carbon dioxide equivalent
GLO General Land Office
GP General Plan
GPA General Plan Amendment
gpd Gallons per Day
gpm Gallons per minute
GPS Global Positioning System
GSA Groundwater Sustainability Agencies
GVWR Gross Vehicle Weight Rating
GWP Global Warming Potential
H2O Water Vapor
HANS Habitat Evaluation & Acquisition Negotiation Strategy HCM Highway Capacity Manual
HCP Habitat Conservation Plan
HCS+ Highway Capacity Software Plus
HDV Heavy-duty vehicles
HFCs Hydrofluorocarbons
HI Hazard Index
HMBEP Hazardous Materials Business Emergency Plan
HMMD Hazardous Materials Management Division
HMMP Hazardous Materials Management Plan
HMTA Hazardous Materials Transportation Act
HMTAUSA Hazardous Materials Transportation Uniform Safety Act Hp horsepower
HRI Historical Resource Inventory
HSC Health and Safety Code
HUC Hydrologic Unit Code
HVAC Heating, Ventilation, and Air Conditioning
I Interstate
I Industrial
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i.e. that is
IA Implementing Agreement
IBC International Building Code
ICU Intersection Capacity utilization
ID Identification
IEPR Integrated Energy Policy Report
INCE Institute of Noise Control Engineering
IPCC Intergovernmental Panel on Climate Change
IS Initial Study
ITE Institute of Transportation Engineers
ITP Incidental Take Permit
JD Jurisdictional Delineation
JPA Joint Powers Authority
JPR Joint Project Review
kg kilogram
kBTU kilo -British thermal units
kWh kilowatt-hour
LAFCO Local Agency Formation Commission
LBP Lead based paint
lbs pounds
LBVI least Bell's vireo
LCA Life -cycle analysis
LCFS low carbon fuel standard
LDA Light duty autos
LDV Light duty vehicles
LED light -emitting diode
Leq equivalent continuous sound level
LHD light -heavy duty trucks
LID low impact development
LIM Land Inventory and Monitoring
Lmax Maximum level measured over the time interval
Lmin Maximum level measures over the time interval
LOS Level of Service
LSAA Lake and Streambed Alteration Agreement
LSTs Localized Significance Thresholds
LUST Leaking Underground Storage Tank
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M3 Cubic Meter
MACT Maximum achievable control technology
MATES Multiple Air Toxics Exposure Study
MBTA Migratory Bird Treaty Act
MC Municipal Code
MCY Motorcycles
MDP Master Drainage Plan
MDV Medium Duty Vehicles
MEISC maximally exposed individual school child
MEIR maximally exposed individual receptor
MEIW maximally exposed individual worker
mg milligrams
MGD million gallons per day
MH medium -heavy duty truck
MICR Maximum Individual Cancer Risk
MM Mitigation Measure
MMRP Mitigation Monitoring and Reporting Program
MMTs million metric tons
MMTCO2e million metric tons of carbon dioxide equivalent MND Mitigated Negative Declaration
Mph Miles per hour
MPO Metropolitan Planning Organization
MRZ-3 Mineral Resource Zone 3
MRF Material Recovery Facility
MS4 Municipal Separate Storm Sewer System
MSHCP Multiple Species Habitat Conservation Plan
msl mean sea level
MT metric ton
MTCO2e Metric Tons of Carbon Dioxide Equivalent
MUTCD Manual on Uniform Traffic Control Devices
MWD Metropolitan Water District
N/A Not Applicable
n/o North of
N2 Nitrogen
N2O Nitrous Oxide
n.d. no date
NAHC Native American Heritage Commission
NAAQS National Ambient Air Quality Standards
NAIOP Commercial Real Estate Association
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NATA National Air Toxic Assessment
NB Northbound
ND Negative Declaration
NDC nationally determined contributions
NDIR Non -Dispersive Infrared Photometry
NEPSSA Narrow Endemic Plant Species Survey Area
NESHAP National Emission Standards for Hazardous Air Pollutants NFIP National Flood Insurance Program
NHP National Register of Historic Places
NHPA National Historic Preservation Act
NIOSH National Institute for Occupational Safety and Health No. Number
NO Nitric Oxide
NO2 Nitrogen Dioxide
NOx Nitrogen Oxides
NOA Notice of Availability
NOC Notice of Completion
NOP Notice of Preparation
n.p. No page
NPC National Park Service
NPDES National Pollutant Discharge Elimination System
NPL National Priorities List
NRCS Natural Resources Conservation Service
NZE Near Zero Emissions
02 Oxygen
03 Ozone
OD Officially Designated
OEHHA Office of Environmental Health Hazard Assessment
OHWM Ordinary High -Water Mark
OPR Office of Planning and Research
OS Open Space
OS -C Open Space - Conservation
OSHA Occupational Safety and Health Assessment
Ord. Ordinance
PA Planning Areas
Pb Lead
PCBs Polychlorinated biphenyls
PCEs Passenger Car Equivalents
Table of Contents
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PDF
PFCs
PHF
PHI
P -I
p.m.
PM
PM2.5
PM10
Porter -Cologne
ppb
ppm
pp.
ppt
PPV
PRC
PRC
PSE
PQP
PV
PZ
RCA
RCDWR
RCFCWCD
RCFD
RCP
RCP
RCNM
RCRA
Rd.
REC
RECLAIM
REL
REMAP
REMEL
RIVTAM
RM
RME
RMP
Project Design Feature
Perfluorocarbons
peak hour factor
Points of Interest
Public Institutional land use designation
Post Meridiem (between the hours of noon and midnight)
Particulate Matter
Fine Particulate Matter (2.5 microns or smaller)
Fine Particulate Matter (10 microns or smaller)
Porter -Cologne Water Quality Control Act
parts per billion
parts per million
pages
parts per trillion
peak particle velocity
Professional Regulation Commission
Public Resources Code
Public Safety Element
Public/Quasi-Public
photovoltaic
Pressure Zone
Regional Conservation Authority
Riverside County Department of Waste Resources
Riverside County Flood Control and Water Conservation District Riverside County Fire Department
Reinforced Concrete Pipe
Regional Comprehensive Plan
Roadway Construction Noise Model
Resource Conservation and Recovery Act
Road
Recognized Environmental Concerns
Regional Clean Air Incentives Market
Reference Exposure Level
Riverside Extended Mountain Area Plan
Reference Mean Emission Level
regional travel demand model
Rural Mountainous
resource management element
Resource Management Plan
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RMS root mean square
ROGs Reactive Organic Gasses
ROW Right of Way
RPS Renewable Portfolio Standards
RR Regulatory Requirements
RR1 Rural Residential 1
RTA Riverside Transit Authority
RTP Regional Transportation Plan
RTPA Regional Transportation Planning Agency
RTP/SCS Regional Transportation Plan/Sustainable Communities Strategy RWQCB Regional Water Quality Control Board
s/o south of
SF/s.f. square foot or square feet
SAA Streambed Alteration Agreement
SARA Superfund Amendments and Reauthorization Act
SB Southbound
SB Senate Bill
SB 375 California Senate Bill 375, Sustainable Communities and Climate Protection Act of 2008
SCAB South Coast Air Basin
SCAG Sothern California Association of Governments
SCCIC South Central Coastal Information Center
SCH California State Clearinghouse (Office of Planning and Research) SCS Sustainable Communities Strategy
SF6 Sulfur Hexafluoride
SLF Sacred Lands File
SGMA Sustainable groundwater management act
SHMA Seismic Hazards Mapping Act
SIP State Implementation Plan
SKR Stephens' Kangaroo Rat
SMARA Surface Mining Reclamation Act
SO2 Sulfur Dioxide
SO4 Sulfates
SOx Sulfur Oxides
SOI Sphere of Influence
South Coast South Coast Air Quality Management District AQMD
SP Specific Plan
SPA Specific Plan Amendment
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SPT Standard Penetration Test
SR State Route
SRA Source Receptor Area
St. Street
STC Sound Transmission Class
SUSMP Standard Urban Stormwater Management Plan
SWFF Southwestern willow flycatcher
SWH solar water heaters
SWPPP Storm Water Pollution Prevention Plan
SWRCB State Water Regional Control Board
TAC Toxic Air Contaminants
TBD To be determined
TDM Transportation Demand Management
TEA -21 Transportation Equality Act for 21st Century
THPO Tribal Historic Preservation Officer
TIA Traffic Impact Analysis
TPM Tentative Parcel Map
TRUs Transportation Refrigeration Units
TSCEA Toxic Substance Control Act
TSF Thousand Square Feet
TTM Tentative Tract Map
TUMF Transportation Uniform Mitigation Fee
µg microgram
UBC Uniform Building Code
UFP ultrafine particles
UNFCCC United Nations' Framework Convention on Climate Change U.S. United States
USACE United States Army Corps of Engineers
USCB United States Census Bureau
USEPA United States Environmental Protection Agency
USDA U.S. Department of Agriculture
USFWS United States Fish and Wildlife Service
USGS United Stated Geological Society
USTs Underground storage tanks
UWMP Urban Water Management Plan
V/C Volume to Capacity Ratio
VFP Vehicle Fueling Positions
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VHFHSZ Very High Fire Hazard Severity Zone
VMT Vehicle Miles Traveled
VOCs Volatile Organic Compounds
VPH Vehicles per Hour
WAIRE Warehouse Actions and Investments to Reduce Emissions w/o West of
WoUS Waters of the United States
WoS Waters of the State
WQMP Water Quality Management Plan
WRF Water Reclamation Facility
WRCOG Western Riverside Council of Governments
WRP Water Reclamation Plan
WRRA Water Reuse and Recycle Act
WSA Water Supply Assessment
YBP
Yr
ZE
Years before Present
year
Zero Emissions
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Beaumont Pointe Specific Plan
Environmental Impact Report 1.0 Executive Summary
1.0 EXECUTIVE SUMMARY
1.1 INTRODUCTION
As stated by California Environmental Quality Act (CEQA) Guidelines Section 15002, the basic purposes of CEQA are to:
• Inform governmental decision makers and the public about the potential, significant environmental effects of proposed activities involving discretionary government actions (including the approval of development projects);
• Identify the ways that environmental damage can be avoided or significantly reduced; • Prevent significant, avoidable damage to the environment by requiring changes in projects through the use of alternatives or mitigation measures when the governmental agency finds the changes to be feasible; and
• Disclose to the public the reasons why a governmental agency approved the project in the manner the agency chose if significant environmental effects are involved.
An Environmental Impact Report (EIR) is an informational document prepared in compliance with CEQA that informs government decision -makers and the public in general about potentially significant environmental impacts that could result from a project. This EIR represents the independent judgment of the City of Beaumont (as the CEQA Lead Agency) and presents an objective evaluation of the physical environmental effects that could result from constructing and operating the proposed Beaumont Pointe Specific Plan project (the "Project").
Hereafter when the term "Project" is used in this EIR with the initial letter capitalized, the term shall mean all aspects of the Beaumont Pointe Specific Plan's planning, construction, and operation; and all associated legislative, discretionary, and administrative approvals and permits required by law of public agencies. When the term "Project Applicant" is used with the initial letters capitalized, the term shall mean JRT BP 1, LLC, which is the entity that submitted applications to the City of Beaumont to entitle the Project site as proposed and as evaluated in this EIR.
Governmental approvals requested from the City of Beaumont by the Project Applicant to implement the Project include a General Plan Amendment (GPA; PLAN2019-0284); Pre -zoning (PLAN2019- 0283); Adoption of the Beaumont Pointe Specific Plan; Sign Program; Tentative Parcel Map No. 82551; Pre -Annexation and Development Agreement (DA; No. 01-2017); approval by the City and LAFCO of annexation to the City of Beaumont and approval by BCVWD and LAFCO of annexation to the Beaumont -Cherry Valley Water District; and Minor Amendment to the MSHCP. All other related discretionary and administrative actions that are required of the City of Beaumont and other public agencies and entities to construct and operate the Project described in this EIR also are Lead Agency: City of Beaumont SCH No. 2020099007
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considered part of the Project evaluated herein. Approvals and permits required of other agencies that are currently known to be needed in order to implement the Project are listed in Section 3.0, Project Description.
The City of Beaumont has determined that an EIR is required for this Project. Pursuant to CEQA Guidelines Section 15063(a), when a lead agency can determine that an EIR will be required for a project, an Initial Study is not required. An Initial Study was not prepared for this Project, however, the City of Beaumont has determined that implementation of the Project has the potential to result in significant environmental effects, and a Project EIR, as defined by CEQA Guidelines Section 15161, is required. As stated in CEQA Guidelines Section 15161, a Project EIR should "...focus primarily on the changes in the environment that would result from the development project," and "...examine all phases of the project including planning, construction, and operation." Accordingly, and in conformance with CEQA Guidelines Section 15121(a), the purposes of this EIR are to: (1) disclose information by informing public agency decision makers and the public generally of the significant environmental effects associated with all phases of the Project, (2) identify possible ways to minimize or avoid those significant effects, and (3) to describe a reasonable range of alternatives to the Project that would feasibly attain most of the basic Project objectives but would avoid or substantially lessen its significant environmental effects.
1.2 PROPOSED PROJECT
1.2.1 LOCATION AND REGIONAL SETTING
The 539.9 -acre Project site is located in unincorporated Riverside County at the western edge of the City and in the City's SOI. The City is located east of the City of Moreno Valley and unincorporated Riverside County, west of the City of Banning and unincorporated Riverside County, north of the City of San Jacinto and unincorporated Riverside County, and south of the City of Calimesa and unincorporated Riverside County. The Project site is situated astride the regional transportation network which connects the Ports of Long Beach and Los Angeles, both major gateways for international trade, to the Inland Empire and the Western United States. State Highway (SR -60) Freeway abuts the Project site to the north, Interstate 10 (I-10) is located approximately 1.5 miles to the north of the site, and Interstate 79 (I-79) is located approximately 1.5 miles to the east of the site.
The Project site is located west of Jack Rabbit Trail and south of SR -60, as illustrated on Figure 3-2, Vicinity Map.
Refer to EIR Section 3.0, Project Description, for more information related to the regional and local setting of the Project site.
1.2.2 PROJECT OBJECTIVES
The fundamental purpose and goal of the Beaumont Pointe Specific Plan is to accomplish the orderly development of General Commercial, Industrial, Open Space, and Open Space -Conservation land uses Lead Agency: City of Beaumont SCH No. 2020099007
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over the approximately 539.9 -acre Project site. The Project would achieve this goal through the following Project Objectives:
A: Develop large land areas in the City and particularly south of SR -60 and adjacent to existing industrial uses, infrastructure, and truck routes to meet the growing demand for large scale industrial and warehouse development in the City while minimizing impacts of industrial development on residential and other sensitive receptors in the City, which are primarily located north of SR -60.
B: Providing for conservation of open space habitat within MSHCP criteria cells in a manner consistent with the MSHCP requirements and providing access for wildlife movement to Caltrans constructed and proposed wildlife under -crossings along the SR -60 Freeway that abut the northern Project boundary to accommodate wildlife movement.
C: Maximizing opportunities to develop land in the City's sphere of influence to provide job opportunities and economic benefit to the City and its residents, including new sales and property tax revenues that can be used for City services and providing sufficient fiscal benefit to permit annexation of the Project site into the City.
D: Creating new job opportunities within the City of Beaumont which improves the jobs to housing balance within the City and reduces the need for members of the existing local workforce to commute long distances.
E: Fulfilling a need in the City and region wellness -based retail, including entertainment, recreation, hospitality, and restaurants.
F: Developing a center that will accommodate a variety of future tenants, including light manufacturing, warehouse, distribution tenants and other businesses that rely on transportation efficiency within an industrial corridor in a location with superior access to the local and regional transportation network, thereby minimizing truck traffic on local streets and reducing vehicle miles traveled in the region.
G: Developing a project that utilizes existing investment in capital improvements for water, reclaimed water, sewer, storm drain and circulation facilities to further the planned development of land in the City and in its sphere of influence.
H: Developing a range of warehouse facility options, such as varying structure sizes and building configurations within the City with high quality businesses to facilitate local and regional distribution of goods while minimizing vehicle miles traveled, air quality and greenhouse gas impacts.
I: Minimizing the demand for water resources by creating a development -wide landscape concept that features drought -tolerant plant materials to provide for an aesthetically pleasing outdoor environment and developing a project where recycled water is planned to be available.
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1.2.3 PROJECT DESCRIPTION SUMMARY
The Project Applicant, JRT BP 1 LLC, proposes to entitle and develop the Beaumont Pointe Specific Plan Project described below (Project) on a 539.9 -acre undeveloped site (Project site or site) located in unincorporated Riverside County, California (County) in the Sphere of Influence (SOI) of the City of Beaumont (City). The Project would allow for the development on the Project site of a maximum of 246,000 square feet (sf) of general commercial uses in addition to a 125 -room hotel (90,000 sf) and a maximum of 4,995,000 sf of industrial uses. The Project would provide 124.7 acres of open space to accommodate landscaped manufactured slopes, fuel modification areas, and natural open space as a buffer to adjacent conservation area and 152.4 acres of open space — conservation. The Project would conserve a total of 230.82 acres of lands that would support the function of Proposed Core 3 consistent with the MSHCP goals of providing live-in habitat and facilitating movement, including 152.42 acres on -site and 78.40 acres off -site. Associated improvements to the Project site would include, but are not limited to, paved roads, paved parking areas, drive aisles, truck courts, utility infrastructure, landscaping, water quality basins, signage, lighting, property walls, gates, and fencing, including perimeter fencing for the Project site.
The Project is primarily defined by the Beaumont Pointe Specific Plan. The Specific Plan is also available for review at the City of Beaumont Planning Division at the address above. The Specific Plan identifies ten (10) Planning Areas (PAs), of which two (2) are identified and zoned for General Commercial uses (PAs 1 and 2), six (6) are identified and zoned for Industrial uses (PAs 3 through 8), and the remaining two PAs are identified and zoned for Open Space (PA 9) and Open Space — Conservation (PA 10). Refer to EIR Section 3.0, Project Description, for a detailed description of the Project.
1.3 AREAS OF CONTROVERSY AND ISSUES TO BE RESOLVED
CEQA Guidelines Section 15123(b)(2) requires that areas of controversy known to the Lead Agency (City of Beaumont) be identified in the Executive Summary. The City has not identified any areas of controversy associated with the Project after considering all comments received in response to the NOP.
Regarding issues to be resolved, this EIR addresses the environmental issues associated with the Project that are known by the City, that are identified in the comment letters that the City of Beaumont received on this EIR's NOP which was circulated for a 30 -day public review period from September 7, 2020 to October 6, 2020 (refer to Technical Appendix A). Environmental topics raised in written comments to the NOP are summarized in Section 2.0, Introduction and Purpose, Table 2-2, Summary of NOP and Scoping Meeting Comments, and include but are not limited to the topics of Air Quality, Biological Resources, Cultural Resources, Transportation, and Tribal Cultural Resources.
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1.3.1 PUBLIC SCOPING MEETING
A NOP for the Project was released for public review on September 7, 2020, and an EIR Scoping Meeting was held on September 17, 2020 at the Beaumont City Hall. Refer to Table 2-2, Summary of NOP and Scoping Meeting Comments, for comments received during the NOP review period.
1.4 ALTERNATIVES TO THE PROPOSED PROJECT
In compliance with CEQA Guidelines Section 15126.6, an EIR must describe a range of reasonable alternatives to the Project or to the location of the Project. Each alternative must be able to feasibly attain most of the Project's objectives and avoid or substantially lessen the Project's significant effects on the environment. A detailed description of each alternative evaluated in this EIR, as well as an analysis of the potential environmental impacts associated with each alternative, is provided in EIR Section 6.0, Alternatives. Also described in Section 6.0 is a list of alternatives that were considered but rejected from further analysis. The alternatives considered by this EIR include those listed below.
1.4.1 No PROJECT/NO DEVELOPMENT ALTERNATIVE
The No Project/No Development Alternative assumes that no development or improvements would occur on the Project site and the entire 539.9 -acre site would remain vacant and undeveloped. This alternative was selected by the City as required by CEQA Guidelines Section 15126.6(e)(3)(B) to compare the environmental effects of the Project with an alternative that would leave the Project site in its existing condition (as described in EIR Section 3.0).
1.4.2 EXISTING CITY GENERAL PLAN ALTERNATIVE
In accordance with CEQA Guidelines Section 15126.6(e)(3)(A), the No Project - Existing General Plan Alternative considers development of the Project site with land uses that are consistent with the existing City of Beaumont General Plan land use designation. The City of Beaumont General Plan designates the Project site as Rural Residential 1 which permits one single-family dwelling per one acre lot. The General Plan further anticipates that buildout of the Rural Residential 1 land use in the City's Sphere of Influence (SOI) would consist of up to 383 dwelling units. Accordingly, the Existing City General Plan Alternative considers a residential development of up to 383 single family units on the Project site. Under this alternative, the Project site would be graded within approximately the same boundaries as the limit of grading for the Project in order to create residential one acre lots.
1.4.3 REDUCED DEVELOPMENT AREA AND INTENSITY ALTERNATIVE The Reduced Development Area and Intensity Alternative was selected to reduce impacts associated with air quality, GHG emissions, noise, and transportation. The Reduced Development Area and Intensity Alternative would result in an overall 50% reduction of non -hotel, commercial development within Planning Areas 1 and 2 and an overall reduction of 995,000 sf of industrial development. The reduction in industrial development would occur by eliminating 995,000 sf in Planning Area 8 and expanding Planning Area 7 to allow an additional 305,000 sf (update to 905,000 sf) of industrial development. Overall, the Reduced Development Area and Intensity Alternative would allow for up Lead Agency: City of Beaumont SCH No. 2020099007
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to 123,000 sf of commercial development, a 125 -room hotel, and 4,000,000 sf of industrial development. Additionally, the Reduced Development Area and Intensity Alternative would result in a considerable reduction in grading activities (eliminating approximately 3 million cubic yards of cut and fill)
1.4.4 REDUCED INTENSITY ALTERNATIVE
The Reduced Intensity Alternative was selected to reduce impacts associated with air quality, GHG emissions, noise, and transportation. The Reduced Intensity Alternative would consider development of the Project site with a 10% reduction in industrial and commercial development. Under this alternative, the Project would allow for 4,495,500 sf of industrial development, 221,400 sf of commercial development, and a 125 -room hotel. The development impact area would generally remain the same as the Project. Access to the site would be the same with a proportional reduction in the number of parking spaces.
1.4.5 TRUCK STORAGE YARD ALTERNATIVE
The Truck Storage Yard Alternative was selected to reduce impacts associated with air quality, GHG emissions, noise, and transportation. The Truck Storage Yard Alternative would be the same as the Project except that it would replace the warehouse building in Planning Area 8 (approximately 1,000,000 sf) with a truck storage and lay down yard. Overall, the Project would allow for up to 246,000 sf of commercial development, a 125 -room hotel, 4,000,000 sf of industrial development, and a truck storage yard. The grading quantities and phases would be the same as the Project.
1.5 SUMMARY OF IMPACT, MITIGATION, AND LEVELS OF IMPACT Table 1-1, Summary of Impacts, Mitigation, and Levels of Impact, presents a summary of the environmental impacts resulting from the Project. The potential direct, indirect impacts, and cumulative impacts for all environmental topical areas are addressed in Sections 4.1 through 4.20 of this EIR. Growth -inducing impacts and significant irreversible environmental changes are addressed in Section 5.0, Other CEQA Considerations.
1.6 MITIGATION MONITORING
State law requires the preparation of a mitigation monitoring and reporting program (MMRP) to ensure that measures that would avoid or lessen significant environmental effects of the project are adopted as conditions of approval for the project. The mitigation measures identified in this EIR have been described in sufficient detail to provide the necessary information to identify the party or parties responsible for carrying out the mitigation, when the mitigation will be implemented, and why the mitigation has been required. An MMRP would be adopted by the City at the time of Project approval.
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Table 1-1 Summary of Impacts, Mitigation, and Levels of Impact Potential Impacts
Level of Significance
Before Mitigation
Mitigation Measures (MMs)
Level of
Significance After
Mitigation
4.1 AESTHETICS
Threshold a: Would the Project have a substantial
adverse effect on a scenic vista?
Less than Significant
Impact
No mitigation is required.
Less than Significant
Impact
Threshold b: Would the Project substantially damage
scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
Less than Significant
Impact
No mitigation is required.
Less than Significant
Impact
Threshold c: Would the Project in non -urbanized areas, substantially degrade the existing visual character or
quality of public views of the site and its surroundings? (Public views are those that are experienced from
publicly accessible vantage points.) If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
Less than Significant
Impact
p
No mitigation is required.
Less than Significant
Impact
p
Threshold d: Would the Project create a new source of
substantial light or glare that would adversely affect
daytime or nighttime views in the area?
Less than Significant
Impact
p
No mitigation is required.
Less than Significant
Impact
p
4.2 Agriculture and Forestry Resources
Threshold a: Would the Project convert Prime
Farmland, Unique Farmland, or Farmland of Statewide
Importance as shown on the maps prepared pursuant to
the Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural use?
Less than Significant
Impact
p
No mitigation is required.
Less than Significant
Imp act
p
Threshold b: Would the Project conflict with existing
zoning for agricultural use, or a Williamson Act contract? Less than Significant
Impact
No mitigation is required.
Less than Significant
Impact
Threshold c: Would the Project conflict with existing
zoning for, or cause rezoning of, forest land as defined in Public Resources Code Section 12220 timberland (as
(g)),
defined by Public Resources Code Section 4526), or
No Impact
No mitigation is required.
No Impact
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Potential Impacts
Level of Significance
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Mitigation
timberland zoned Timberland Production (as defined by
Government Code Section 51104(g))?
Threshold d: Would the Project result in the loss of
forest land or conversion of forest land to non -forest use? No Impact
No mitigation is required.
No Impact
Threshold e: Would the Project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use or conversion of forest land to non -forest use?
No Impact
No mitigation is required.
No Impact
4.3 AIR QUALITY
Threshold a: Would the Project conflict with or obstruct implementation of the applicable air quality plan?
Potentially Significant
Impact
MM 4.3-1 The Project shall utilize "Super -Compliant" low VOC paints for nonresidential interior and
exterior surfaces and low VOC paint for parking
lot surfaces. Super -Compliant low VOC paints
have been reformulated to be more stringent than
the regulatory VOC limits put forth by South
Coast AQMD's Rule 1113. Super- Compliant low
VOC paints shall be no more than 10g/L of VOC.
Alternatively, the applicant may utilize tilt -up
concrete buildings that do not require the use of
architectural coatings.
MM 4.3-2 Prior to the start of construction activities, the project applicant, or its designee, shall ensure that
all 50 -horsepower or greater diesel -powered
equipment is powered with California Air
Resources Board (CARB)-certified Tier 4 Final
engines, except where the project applicant
establishes to the satisfaction of the City of
Beaumont (City) that Tier 4 Final equipment is
not available. An exemption from these
Significant and
Unavoidable Impact
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requirements may be granted by the City if the
City documents that equipment with the required
tier is not reasonably available and corresponding
reductions in criteria air pollutant emissions are
achieved from other construction equipment to
the extent feasible. Before an exemption may be
considered by the City, the applicant shall be
required to demonstrate that two construction
fleet owners/operators in Riverside County were
contacted and that those owners/operators
confirmed Tier 4 Final equipment could not be
located within Riverside County. In order to meet
this requirement to demonstrate that such
equipment is not available, the Project Applicant
must seek bids/proposals from contractors of
large fleets, defined by the California Air
Resources Board as, "A fleet with a total max hp
(as defined below) greater than 5,000 hp." In
addition, this should not be limited to Riverside
County but statewide. In the event that Tier 4
Final equipment is not feasible, then Tier 4
interim equipment shall be required. In the event
that Tier 4 Interim equipment is not available, Tier
3 equipment shall be used. All construction
equipment shall be tuned and maintained in
accordance with the manufacturer' s
specifications.
MM 4.3-3
All on -site outdoor cargo -handling equipment
(including yard trucks, hostlers, yard goats, pallet
jacks, forklifts, and other on -site equipment) shall
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be electric or non -diesel fueled. All on -site indoor
forklifts shall be powered by electricity.
MM 4.3-4
Legible, durable, weather-proof signs shall be
placed at truck access gates, loading docks, and
truck parking areas that identify applicable CARB
anti -idling regulations. At a minimum, each sign
shall include: 1) instructions for truck drivers to
shut off engines when not in use; 2) instructions
for drivers of diesel trucks to restrict idling to no
more than five (5) minutes once the vehicle is
stopped, the transmission is set to "neutral" or
"park," and the parking brake is engaged; and 3)
telephone numbers of the building facilities
manager and the CARB to report violations. Prior
to the issuance of an occupancy permit, the City
shall conduct a site inspection to ensure that the
signs are in place.
MM 4.3-5
Prior to tenant occupancy, the Project Applicant
or successor in interest shall provide
documentation to the City demonstrating that
occupants/tenants of the Project site have been
provided documentation on funding
opportunities, such as the Carl Moyer Program,
that provide incentives for using cleaner -than -
required engines and equipment.
MM 4.3-6
Prior to issuance of occupancy permits for the
industrial/warehouse buildings, the Project
operator shall prepare and submit a
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Potential Impacts
Level of Significance
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Mitigation Measures (MMs)
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Significance After
Mitigation
Transportation Demand Management (TDM)
program detailing strategies that would reduce the
use of single occupant vehicles by employees by
increasing the number of trips by walking,
bicycle, carpool, vanpool and transit. The TDM
shall include, but is not limited to the following:
• Provide a transportation information center
and on -site TDM coordinator to educate
employers, employees, and visitors of
surrounding transportation options.
• Promote bicycling and walking through design
features such as showers for employees, self-
service bicycle repair area, etc. around the
project site.
• Provide secure bicycle storage space
equivalent to 2% of the automobile parking
spaces provided.
• Provide on -site car share amenities for
employees who make only occasional use of a
vehicle, as well as others who would like
occasional access to a vehicle of a different
type than they use day-to-day.
• Promote and support
carpool/vanpool/rideshare use through
parking incentives and administrative support,
such as ride -matching service.
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MM 4.3-7
• Incorporate incentives for using alternative
travel modes, such as preferential load/unload
areas or convenient designated parking spaces
for carpool/vanpool users.
• Provide meal options on -site or shuttles
between the facility and nearby meal
destinations.
• Each building shall provide preferred parking
for electric, low -emitting and fuel - efficient
vehicles equivalent to at least 8% of the
required number of parking spaces.
For the warehouse/industrial portion of the
Project, the buildings' electrical room shall be
sufficiently sized to hold additional panels that
may be needed to supply power for the future
installation of electric vehicle (EV) truck charging
stations on the site. Conduit should be installed
from the electrical room to tractor trailer parking
spaces in logical location(s) on the site determined
by the Project Applicant during construction
document plan check, for the purpose of
accommodating the future installation of EV truck
charging stations at such time this technology
becomes commercially available and the
buildings are being served by trucks with electric -
powered engines.
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Potential Impacts
Level of Significance
Before Mitigation
Mitigation Measures (MMs)
Level of
Significance After
Mitigation
The buildings' electrical room shall be
sufficiently sized to hold additional panels that
may be needed in the future to supply power to
trailers with transport refrigeration units (TRUs)
during the loading/unloading of refrigerated
goods. Conduit should be installed from the
electrical room to the loading docks determined
by the Project Applicant during construction
document plan check as the logical location(s) to
receive trailers with TRUs.
MM 4.3-8
Final Project designs shall provide for installation
of conduit in tractor trailer parking areas for the
purpose of accommodating potential installation
of EV truck charging stations.
MM 4.3-9
All truck/dock bays that serve cold storage
facilities within the proposed buildings shall be
electrified to facilitate plug-in capabilities and
support use of electric standby and/or hybrid
electric transport refrigeration units (TRUs). All
site and architectural plans submitted to the City
Planning Department shall note all the truck/dock
bays designated for electrification. Prior to the
issuance of a Certificate of Occupancy, the City
Building Derailment shall verify electrification of
the designated truck/dock bays.
MM 4.3-10
All landscaping equipment (e.g., leaf blower)
used for property management shall be electric
powered only. The property manager/facility
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owner shall provide documentation (e.g.,
purchase, rental, and/or services agreement) to the
Planning Depaitalent to verify, to the City's
satisfaction, that all landscaping equipment
utilized will be electric powered.
MM 4.3-11
If the Project constructs a go-kart facility in the
commercial area, all go-karts would be required
to be electric or zero emissions.
MM 4.3-12
Prior to the issuance of occupancy permits for any
of the industrial/warehouse buildings, the
Planning Depaitinent shall confirm that tenant
lease agreements require the Project Applicant to
provide $1.00 per square foot in funding for fleet
upgrade financing to be used over the term of their
lease on Zero Emissions (ZE) and Near Zero
Emissions (NZE) delivery vans or trucks. This
requirement shall apply to new leases only (not
renewals) and for the first 10 years of the Project's
life. The funding shall be provided in the form of
lease allowance/concession. The allowance shall
be a reimbursement once ZE or NZE
medium/heavy duty vehicles are purchased and
can be used at any time during the lease term (i.e.,
the landlord shall reimburse the tenant once the
tenant provides receipt of paid invoice for the
order). If a tenant leases their fleet, this allowance
shall also cover the cost to lease ZE or NZE
trucks. This measure would also facilitate
compliance with South Coast AQMD Rule 2305.
Lead Agency: City of Beaumont
SCH No. 2020099007
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Mitigation Measures (MMs)
Level of
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Threshold b: Would the Project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an
applicable federal or state ambient air quality standard? Potentially Significant
Impact
MMs 4.3-1 through 4.3-12 would apply.
Significant and
Unavoidable Impact
Threshold c: Would the Project expose sensitive
receptors to substantial pollutant concentrations?
Less than Significant
Impact
No mitigation is required.
Less than Significant
Impact
Threshold d: Would the Project result in other emissions (such as those leading to odors adversely affecting a
substantial number of people?
Less than Significant
Impact
p
No mitigation is required.
Less than Significant
Impact
p
4.4 BIOLOGICAL RESOURCES
Threshold a: Would the Project have a substantial
adverse effect, either directly or through habitat
modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California
Depaitinent of Fish and Game or U.S. Fish and Wildlife
Service?
Potentially Significant
Impact
MM 4.4-1 Prior to initial ground -disturbing activities (including vegetation clearing, clearing and
grubbing, tree removal, site watering, equipment
staging, grading, etc.), a qualified biologist will
conduct a pre -construction presence/absence
survey for crotch bumble bee prior to site
disturbance. If the bumble bee were to be detected
(or assumed present) within the development
footprint, then the Project proponent shall
coordinate with CDFW to address the extent of
impacts and determine whether an Incidental
Take Permit (ITP) would be required. If an ITP
were required, then mitigation may be required by
CDFW as part of the ITP process, and the
conservation of the comparable open space
habitat within PA 10 would be presented to
support the ITP.
MM 4.4-2 Prior to initial ground -disturbing activities (including vegetation clearing, clearing and
grubbing, tree removal, site watering, equipment
Less than Significant
Impact
Lead Agency: City of Beaumont
SCH No. 2020099007
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staging, grading, etc.), a qualified biologist will
conduct a pre -construction presence/absence
survey for burrowing owls within 30 days to
ensure that no owls have colonized the site in the
days or weeks preceding the ground -disturbing
activities. If burrowing owls have colonized the
project site prior to the initiation of ground -
disturbing activities, the project proponent will
immediately inform and coordinate with the RCA
and the Wildlife Agencies (CDFW, USFWS) to
prepare a Burrowing Owl Protection and
Relocation Plan (if required), prior to initiating
ground disturbance. If ground -disturbing
activities occur, but the site is left undisturbed for
more than 30 days, a pre -construction survey will
again be necessary to ensure burrowing owl has
not colonized the site since it was last disturbed.
If burrowing owl is found, the same coordination
described above will be necessary. The
Burrowing Owl Protection and Relocation Plan, if
necessary, will describe methods to safely
relocate burrowing owls from the Project site (if
avoidance were infeasible) and to monitor
burrowing owls with an adequate setback buffer if
construction would proceed at the site until the
owls could be relocated.
MM 4.4-3
Prior to the issuance of grading permits or other
permits allowing for ground -disturbing activities
or the removal of vegetation on -site, the City of
Beaumont Depaitinent of Public Works shall
Lead Agency: City of Beaumont
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ensure that the following note is included on the
grading plans. Project contractors shall be
required to ensure compliance with this note and
permit periodic inspection of the construction site
by City of Beaumont staff or its designee to
confirm compliance. This note also shall be
specified in bid documents issued to prospective
construction contractors.
Ground -disturbing activities (including
vegetation removal) within the Criteria Area
(Criteria Cells) shall be conducted outside of the
coastal California gnatcatcher breeding season
(between March 1 and August 15) if occupied by
coastal California gnatcatcher. If ground -
disturbing activities (including vegetation
removal) cannot be limited to outside the coastal
California gnatcatcher breeding season, a
qualified biologist shall conduct a pre -
construction presence/absence survey for coastal
California gnatcatcher within 14 days prior to site
disturbance. If the species is found, the Project
proponent shall immediately inform the Wildlife
Agencies (CDFW, USFWS) and ground
disturbing activities within these areas will be
postponed to outside of the coastal California
gnatcatcher breeding season. If the species is not
found, no further action is needed.
Threshold b: Would the Project have a substantial
Potentially Significant
MM 4.4-4
Prior to issuance of grading permits or other
Less than Significant
adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, Impact
p
permits authorizing ground disturbance (e.g.,
vegetation clearing, clearing and grubbing, tree
Impact
p
Lead Agency: City of Beaumont
SCH No. 2020099007
Beaumont Pointe Specific Plan
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policies, regulations or by the California Department of removal, site watering, equipment staging), the
Fish and Game or US Fish and Wildlife Service?
Project Applicant shall provide evidence to the
City of Beaumont that impacts to 0.31 acre of
Corps jurisdiction and Regional Board
jurisdiction, and 0.43 acre of CDFW jurisdiction
and MSHCP riparian/riverine resources
(including 0.03 acre of riparian habitat) have
been mitigated through either the purchase
wetland/riparian habitat establishment and/or
rehabilitation credits from an approved
mitigation bank/in-lieu fee program at a
minimum 1:1 ratio. Approved mitigation banks
and/or in -lieu fee programs include, but are not
limited to, the Riverpark Mitigation Bank, the
Inland Empire Resource Conservation District
In -Lieu Fee Program, and the Riverside -Corona
Resource Conservation District In -Lieu Fee
Program. In addition, and also prior to issuance
of grading permits, the Project Applicant shall
provide the City of Beaumont of a copy of the
Project's CWA Section 404 permit from the
Corps, Section 401 Water Quality Certification
from the Regional Board, Waste Discharge Order
from the Regional Board, and Fish and Game
Code Section 1602 Lake and Streambed
Alteration Agreement from CDFW, as
applicable.
Threshold c: Would the Project have substantial adverse Potentially Significant
Less than Significant
effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.)
Impact
MM 4.4-4 would apply.
Impact
Lead Agency: City of Beaumont
SCH No. 2020099007
Beaumont Pointe Specific Plan
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through direct removal, filling, hydrological interruption, or other means?
Threshold d: Would the Project interfere substantially
with the movement of any native resident or migratory
fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of
native wildlife nursery sites?
Potentially Significant
Impact
MM 4.4-5 Prior to the issuance of grading permits or other permits allowing for ground -disturbing activities
or the removal of vegetation on -site, the City of
Beaumont Depaitinent of Public Works shall
ensure that the following note is included on the
grading plans. Project contractors shall be
required to ensure compliance with this note and
permit periodic inspection of the construction site
by City of Beaumont staff or its designee to
confirm compliance. This note also shall be
specified in bid documents issued to prospective
construction contractors.
As feasible, vegetation clearing shall be
conducted outside of the nesting season, which is
generally identified as February 1 through
September 15. If avoidance of the nesting season
is not feasible, then a qualified biologist shall
conduct a nesting bird survey within three days
prior to any disturbance of the site, including
disking, demolition activities, and grading. If
active nests are identified, the biologist shall
establish suitable buffers around the nests, and
the buffer areas shall be avoided until the nests
are no longer occupied and the juvenile birds can
survive independently from the nests
Less than Significant
Impact
Threshold e: Would the Project conflict with any local
policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
No Impact
No mitigation is required.
No Impact
Lead Agency: City of Beaumont
SCH No. 2020099007
Beaumont Pointe Specific Plan
■I Environmental Impact Report
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Potential Impacts
Level of Significance
Before Mitigation
Mitigation Measures (MMs)
Level of
Significance After
Mitigation
Threshold f: Would the Project conflict with the
provisions of an adopted Habitat Conservation Plan,
Natural Community Conservation Plan, or other
approved local, regional, or state habitat conservation plan?
Potentially Significant
Impact
MM 4.4-2 would apply.
Less than Significant
Impact
4.5 CULTURAL RESOURCES
Threshold a: Would the Project cause a substantial
adverse change in the significance of a historical resource in pursuant to Section 15064.5?
No Impact
No mitigation is required.
No Impact
Threshold b: Would the Project cause a substantial
adverse change in the significance of an archaeological resource pursuant to Section 15064.5?
Potentially Significant
MM 4.5-1 Prior to issuance of a grading permit, the Project Applicant shall provide written verification in the
form of a letter from the archaeologist to the
City's Community Development Director stating
that a certified archaeologist that meets the U.S.
Secretary of Interior Standards has been retained
to implement the monitoring program. The
archaeologist shall be present during all ground -
disturbing activities to identify any known or
suspected archaeological and/or cultural
resources. The archaeologist will conduct a
Cultural Resource Sensitivity Training, in
conjunction with the consulting Native American
Tribe(s) Tribal Historic Preservation Officer
(THPO), and/or designated Tribal
Representative. The training session will focus
on the archaeological and tribal cultural
resources that may be encountered during
ground -disturbing activities as well as the
procedures to be followed in such an event. The
certified archaeologist and consulting tribe(s)
representative shall attend the pre -grading
Less than Significant
Impact
Lead Agency: City of Beaumont
SCH No. 2020099007
Beaumont Pointe Specific Plan
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meeting with the contractors to explain and
coordinate the requirements of the monitoring
program.
MM 4.5-2
Prior to any ground -disturbing activities the
project archaeologist shall develop a Cultural
Resource Management Plan (CRMP) and/or
Archaeological Monitoring and Treatment Plan
(AMTP) to address the details, timing, and
responsibilities of all archaeological and cultural
resource activities that occur on the project site.
This Plan should be written in consultation with
the consulting Tribe[s] and shall include the
following: approved mitigation measures,
conditions of approval, contact information for
all pertinent parties, parties' responsibilities,
procedures for each mitigation measure and
condition of approval, and an overview of the
project schedule. The monitoring program shall
include the following requirements for each
phase of ground disturbance:
a) During all ground -disturbing activities the
qualified archaeologist and the Native
American monitor shall be on -site full-time
The frequency of inspections will depend upon
the rate of excavation, the materials excavated,
and any discoveries of tribal cultural resources
as defined in Public Resources Code Section
21074. Archaeological and Native American
monitoring will be discontinued when the
Lead Agency: City of Beaumont
SCH No. 2020099007
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Level of
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depth of grading and the soil conditions no
longer retain the potential to contain cultural
deposits. The qualified archaeologist, in
consultation with the Native American
monitor, shall be responsible for determining
the duration and frequency of monitoring.
b) In the event that previously unidentified
cultural resources are discovered, the qualified
archaeologist and Native American monitor
shall have the authority to divert or
temporarily halt ground disturbance operation
in the area of discovery to allow for the
evaluation of potentially significant cultural
resources. Isolates and clearly non -significant
deposits will be minimally documented in the
field so the monitored ground disturbance
activities can proceed. If a potentially
significant cultural resource(s) is discovered,
work shall stop within a 60 -foot perimeter of
the discovery and an environmentally
sensitive area physical demarcation/barrier
constructed. The archaeologist shall contact
the City and consulting tribe(s) at the time of
discovery. The archaeologist, in consultation
with the City, the consulting tribe(s), and
Native American monitor, shall determine the
significance of the discovered resources.
c) A recommendation for the treatment and
disposition of the tribal cultural resource shall
Lead Agency: City of Beaumont
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be made by the qualified archaeologist in
consultation with the tribe(s) and the Native
American monitor and be submitted to the City
for review and approval. Treatment and
disposition may include full avoidance;
preservation in place; reburial in a permanent
conservation easement or deed restriction
away from future impact areas; or excavation
and curation in a facility that meets Federal
Curation Standards (CFR 79.1).
d) The City must concur with the evaluation
before ground disturbance activities will be
allowed to resume in the affected area. For
significant cultural resources meeting the
definition of a historical resource per CEQA
Section 15064.5(a) or a unique archaeological
resource per CEQA Section 21083.2(g), a
Research Design and Data Recovery Program
to mitigate impacts shall be prepared by the
consulting archaeologist and approved by the
City before being carried out using
professional archaeological methods.
e) Before ground disturbance activities are
allowed to resume in the affected area, the
artifacts shall be recovered and features
recorded using professional archaeological
methods. The archaeologist shall determine
the amount of material to be recovered for an
adequate artifact sample for analysis.
Lead Agency: City of Beaumont
SCH No. 2020099007
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Level of
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f) All cultural material collected during the
grading monitoring program shall be
processed and curated according to the current
professional repository standards. The
collections and associated records shall be
transferred, including title, to an appropriate
curation facility, to be accompanied by
payment of the fees necessary for permanent
curation.
g) A report documenting the field and analysis
results and interpreting the artifact and
research data within the research context shall
be completed and submitted to the City's
Community Development Director for
approval and subsequently submitted to the
Eastern Information Center, and consulting
tribe(s), prior to the issuance of a certificate of
occupancy for the first building in each phase
of ground disturbance.
Threshold c: Would the Project disturb any human
remains, including those interred outside of formal
cemeteries?
Less than Significant
Impact
p
No mitigation is required.
Less than Significant
Imp act
p
4.6 ENERGY
Threshold a: Would the Project result in potentially
significant environmental impact due to wasteful,
inefficient, or unnecessary consumption of energy
resources, during project construction or operation?
Less than Significant
Impact
No mitigation is required.
Less than Significant
Impact
Threshold b: Would the Project conflict with or obstruct a state or local plan for renewable energy or energy
efficiency?
Less than Significant
Impact
p
No mitigation is required.
Less than Significant
Impact
p
Lead Agency: City of Beaumont
SCH No. 2020099007
Beaumont Pointe Specific Plan
■I Environmental Impact Report
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Level of Significance
Before Mitigation
Mitigation Measures (MMs)
Level of
Significance After
Mitigation
4.7 GEOLOGY AND SOILS
Threshold a: Would the Project directly or indirectly
cause potential substantial adverse effects, including the risk of loss, injury, or death involving: rupture of a known earthquake fault, as delineated on the most recent
Alquist-Priolo Earthquake Fault Zoning Map issued by
the State Geologist for the area or based on other
substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42; strong
seismic ground shaking; seismic -related ground failure, including liquefaction; landslides?
Less than Significant
Impact
No mitigation is required.
Less than Significant
Impact
Threshold b: Would the Project result in substantial soil erosion or the loss of topsoil?
Less than Significant
Impact
No mitigation is required.
Less than Significant
Impact
Threshold c: Would the Project be located on a geologic unit or soil that is unstable, or that would become
unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction, or collapse?
Less than Significant
Impact
p
No mitigation is required.
Less than Significant
Imp act
p
Threshold d: Would the Project be located on expansive
soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property?
Less than Significant
Impact
No mitigation is required.
Less than Significant
Impact
Threshold e: Would the Project have soils incapable of
adequately supporting the use of septic tanks or
alternative waste water disposal systems where sewers
are not available for the disposal of waste water?
No Impact
No mitigation is required.
No Impact
Threshold f: Would the Project directly or indirectly
destroy a unique paleontological resource or site or
unique geologic feature?
Potentially Significant
Impact
MM 4.7-1 Prior to issuance of grading permits, the Project Applicant shall retain a qualified paleontologist.
Paleontological monitoring of the young alluvial
fan deposits is not warranted, since their potential
to yield fossils is low. However, if, during earth
Less than Significant
Impact
Lead Agency: City of Beaumont
SCH No. 2020099007
Beaumont Pointe Specific Plan
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Mitigation Measures (MMs)
Level of
Significance After
Mitigation
disturbance activities, the San Timoteo
Foundation or older Quaternary alluvial deposits
is exposed beneath the overlying young alluvial
fan deposits, monitoring should be initiated
during periods in which the San Timoteo
Formation or older Quaternary alluvial deposits
will be impacted. Monitoring shall be conducted
during any grading or excavation in undisturbed
sediments of the San Timoteo Foundation.
Complete grading plans for each phase shall be
made available to the City of Beaumont and to
the paleontologist/ paleontological monitor prior
to the start of any earth -moving activities for each
phase.
MM 4.7-2
Prior to initiation of any grading and/or
excavation activities, a preconstruction meeting
shall be held and attended by the paleontologist
of record, representatives of the grading
contractor and subcontractors, the project owner
or developer, and a representative of the lead
agency. The nature of potential paleontological
resources shall be discussed, as well as the
protocol that is to be implemented following
discovery of any fossiliferous materials.
MM 4.7-3
Paleontological monitors shall be equipped to
salvage fossils as they are unearthed to avoid
construction delays. The monitor shall be
empowered to temporarily halt or divert
equipment to allow removal of abundant or large
Lead Agency: City of Beaumont
SCH No. 2020099007
Beaumont Pointe Specific Plan
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Mitigation Measures (MMs)
Level of
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specimens in a timely manner. Monitoring may
be reduced if the potentially fossiliferous units
are not present in the subsurface, or if present, are
determined upon exposure and examination by
qualified paleontological personnel to have low
potential to contain fossil resources. Fossil
discovery and salvage shall occur as follows:
a) Notification of fossil discoveries shall be
immediately reported by the paleontologist or
paleontological monitor to the City of
Beaumont, the Project owner or developer,
and the consulting company overseeing
development of the Project.
b) Paleontological salvage shall complete with
professional standard protocols, as detailed in
Section VII, Paleontological Resource Impact
Mitigation Program in Technical Appendix F2
of this Draft EIR.
c) In the laboratory, individual fossils shall be
cleaned of extraneous matrix, any breaks are
repaired, and the specimen, if needed, is
stabilized by soaking in an archivally
approved acrylic hardener (e.g., a solution of
acetone and Paraloid B-72).
d) The recovered specimens shall be prepared to
a point of identification and permanent
preservation (not display), including screen -
Lead Agency: City of Beaumont
SCH No. 2020099007
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washing of sediments to recover small
invertebrates and vertebrates.
e)
The prepared specimens, along with relevant
information, shall be curated into a
professional, accredited public museum
repository with a commitment to archival
conservation and permanent retrievable
storage (e.g., the Western Science Center in
Hemet, California). The paleontological
program should include a written repository
agreement prior to the initiation of mitigation
activities. The City of Beaumont may select
another repository if it so desires.
f)
A final monitoring and mitigation report of
findings and significance, including lists of all
fossils recovered and necessary maps and
graphics to accurately record their original
location, shall be prepared. The report, when
submitted to, and accepted by, the City of
Beaumont, shall signify satisfactory
completion of the project program to mitigate
impacts to any potential non-renewable
paleontological resources (i.e., fossils) that
might have been lost or otherwise adversely
affected without such a program in place.
Lead Agency: City of Beaumont
SCH No. 2020099007
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Level of
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4.8 GREENHOUSE GAS EMISSIONS
Threshold a: Would the Project generate greenhouse gas
emissions, either directly or indirectly, that may have a significant impact on the environment?
Less than Significant
Impact
MMs 4.3-3 through 4.3-13 would apply.
MM 4.8-1 Prior to issuance of building permits, the Project shall provide documentation to the City as part
of the plan check process, demonstrating that the
Project will implement the measures identified in
Table 4.8-6, which were obtained from the
Riverside County Greenhouse Gas Emissions
Screening Tables. The Project may also achieve
equivalent emission reductions from other
measures approved by the City. Implementing
these mitigation measures shall be verified by the
City prior to the issuance of final Certificate of
Occupancy.
Significant and
Unavoidable Impact
Threshold b: Would the Project conflict with an
applicable plan, policy or regulation adopted for the
purpose of reducing the emissions of greenhouse gases?
Less than Significant
Impact
MMs 4.3-3 through 4.3-13 and MM 4.8-1 would apply.
Significant and
Unavoidable Impact
4.9 HAZARDS AND HAZARDOUS MATERIALS r -
Threshold a: Would the Project create a significant
hazard to the public or the environment through the
routine transport, use, or disposal of hazardous materials? Less than Significant
Impact
p
No mitigation is required.
Less than Significant
Im act
p
Threshold b: Would the Project create a significant
hazard to the public or the environment through
reasonably foreseeable upset and accident conditions
involving the release of hazardous materials into the
environment?
Less than Significant
Impact
No mitigation is required.
Less than Significant
Impact
Threshold c: Would the Project emit hazardous
emissions or handle hazardous or acutely hazardous
materials, substances, or waste within one -quarter mile of an existing or proposed school?
Less than Significant
Impact
No mitigation is required.
No Impact
Lead Agency: City of Beaumont
SCH No. 2020099007
Beaumont Pointe Specific Plan
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Before Mitigation
Mitigation Measures (MMs)
Level of
Significance After
Mitigation
Threshold d: Would the Project be located on a site
which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5
and, as a result, would it create a significant hazard to the public or the environment?
No Impact
No mitigation is required.
No Impact
Threshold e: For a project located within an airport land use plan or, where such a plan has not been adopted,
within two miles of a public airport or public use airport, would the Project result in a safety hazard or excessive noise for people residing or working in the project area? No Impact
No mitigation is required.
No Impact
Threshold f: Would the Project impair implementation
of or physically interfere with an adopted emergency
response plan or emergency evacuation plan?
Less than Significant
Impact
p
No mitigation is required.
Less than Significant
Imp act
p
Threshold g: Would the Project expose people or
structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? Less than Significant
Impact
No mitigation is required.
Less than Significant
Impact
4.10 HYDROLOGY AND WATER QUALITY
Threshold a: Would the Project violate any water quality standards or waste discharge requirements or otherwise
substantially degrade surface or groundwater quality?
Less than Significant
Impact
No mitigation is required.
Less than Significant
Impact
Threshold b: Would the Project substantially decrease
groundwater supplies or interfere substantially with
groundwater recharge such that the project may impede
sustainable groundwater management of the basin?
Less than Significant
Impact
No mitigation is required.
Less than Significant
Impact
Threshold c: Would the Project substantially alter the
existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: result in substantial erosion or siltation on or off site; substantially increase the rate or amount of surface runoff in a manner which would result in flooding Less than Significant
Impact
No mitigation is required.
Less than Significant
Impact
Lead Agency: City of Beaumont
SCH No. 2020099007
Beaumont Pointe Specific Plan
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Potential Impacts
Level of Significance
Before Mitigation
Mitigation Measures (MMs)
Level of
Significance After
Mitigation
on or off site; create or contribute runoff water which would exceed the capacity of existing or planned
stormwater drainage systems or provide substantial
additional sources of polluted runoff; or impeded or
redirect flood flows?
Threshold d: Would the Project in flood hazard,
tsunami, or seiche zones, risk release of pollutants due to project inundation?
No Impact
No mitigation is required.
No Impact
Threshold e: Would the Project conflict with or obstruct implementation of a water quality control plan or
sustainable groundwater management plan?
No Impact
No mitigation is required.
No Impact
4.11 LAND USE AND PLANNING
Threshold a: Would the Project physically divide an
established community
Less than Significant
Impact
No mitigation is required.
Less than Significant
Impact
Threshold b: Would the Project cause a significant
environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of
avoiding or mitigating an environmental effect?
Less than Significant
Impact
No mitigation is required.
Less than Significant
Impact
4.12 MINERAL RESOURCES
Threshold a: Would the Project result in the loss of
availability of a known mineral resource that would be of value to the region or the residents of the State?
Less than Significant
Impact
p
No mitigation is required.
Less than Significant
Impact
p
Threshold b: Would the Project result in the loss of
availability of a locally -important mineral resource
recovery site delineated on a local general plan, specific plan or other land use plan?
Less than Significant
Impact
No mitigation is required.
Less than Significant
Impact
4.13 NOISE
Threshold a: Would the Project generate substantial
temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards
Potentially Significant
Impact
No feasible mitigation measures exist.
Significant and
Unavoidable Impact
Lead Agency: City of Beaumont
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established in the local general plan or noise ordinance, or applicable standards of other agencies?
Threshold b: Would the Project generate excessive
groundborne vibration or groundborne noise levels?
Less than Significant
Impact
No mitigation is required.
Less than Significant
Impact
Threshold c: For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Project expose people residing or working in the project area to
excessive noise levels?
No Impact
No mitigation is required.
No Impact
4.14 POPULATION AND HOUSING
Threshold a: Would the Project induce substantial
unplanned population growth in an area, either directly (for example, by proposing new homes and businesses)
or indirectly (for example, through extension of roads or other infrastructure?
Less than Significant
Impact
p
No mitigation is required.
Less than Significant
Impact
p
Threshold b: Would the Project displace substantial
numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
No Impact
No mitigation is required.
No Impact
4.15 PUBLIC SERVICES
Threshold a: Would the Project result in substantial
adverse physical impacts associated with the provision of new or physically altered government facilities or the
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:
i. Fire Protection Services;
ii. Police Protection Services;
iii. School Services;
Less than Significant
Impact
No mitigation is required.
Less than Significant
Impact
Lead Agency: City of Beaumont
SCH No. 2020099007
Beaumont Pointe Specific Plan
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iv. Parks; or
v. Other Public Facilities
4.16 RECREATION
Threshold a: Would the Project 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
p
No mitigation is required.
Less than Significant
Impact
p
Threshold b: Would the Project 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
No mitigation is required.
Less than Significant
Impact
4.17 TRANSPORTATION
L
Threshold a: Would the Project conflict with a program, plan, ordinance or policy addressing the circulation
system, including transit, roadway, bicycle and
pedestrian facilities?
Less than Significant
Impact
No mitigation is required.
Less than Significant
Impact
Threshold b: Would the Project conflict or be
inconsistent with CEQA Guidelines Section 15064.3,
subdivision (b)?
Potentially Significant
Impact
MM 4.17-1
Prior to the issuance of building permits, the
Project Applicant shall incorporate the TDM
measures identified below. Verification that the
TDM measures were completed shall be verified
by the City's Public Works Director.
a. Where applicable ensure design of key
intersections and roadways encourage the use
of walking, biking and, where applicable,
transit.
b. Collaborate with the Riverside Transit
Authority (RTA) to determine the feasibility
Significant and
Unavoidable Impact
Lead Agency: City of Beaumont
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of providing new or re-route existing transit
services to the site.
c. Commute trip reduction (CTR) programs
offered to encourage the use of biking.
d. Encourage CTR programs may also provide
for alternative work or compressed work
schedules to reduce the number of days an
employee commutes to work.
Threshold c: Would the Project substantially increase
hazards due to a geometric design feature (e.g., sharp
curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
Less than Significant
Impact
No mitigation is required.
Less than Significant
Impact
Threshold d: Would the Project result in inadequate
emergency access?
No Impact
No mitigation is required.
No Impact
4.18 TRIBAL CULTURAL RESOURCES
Threshold a: Would the project 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:
1) 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
2) A resource determined by the lead agency,
in its discretion and supported by
Potentially Significant
Impact
MMs 4.5-1 and 4.5-2 would apply.
Less than Significant
Impact
Lead Agency: City of Beaumont
SCH No. 2020099007
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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?
4.19 UTILITIES AND SERVICE SYSTEMS
Threshold a: Would the Project require or result in the relocation or construction of new or expanded water,
wastewater treatment or stormwater drainage, electric
power, natural gas, or telecommunications facilities, the construction or relocation of which could cause
significant environmental effects?
Less than Significant
Impact
No mitigation is required.
Less than Significant
Impact
Threshold b: Would the Project 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
No mitigation is required.
Less than Significant
Impact
Threshold c: Would the Project 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
No mitigation is required.
Less than Significant
Impact
Threshold d: Would the Project 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?
Less than Significant
Impact
No mitigation is required.
Less than Significant
Impact
Threshold e: Would the Project comply with federal,
state, and local management and reduction statutes and
regulations related to solid waste?
No Impact
No mitigation is required.
No Impact
Lead Agency: City of Beaumont
SCH No. 2020099007
Beaumont Pointe Specific Plan
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Level of Significance
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Mitigation Measures (MMs)
Level of
Significance After
Mitigation
4.20 WILDFIRE
Threshold a: Would the Project substantially impair an
adopted emergency response plan or emergency
evacuation plan?
Less than Significant
Impact
No mitigation is required.
No Impact
Threshold b: Would the Project, due to slope, prevailing winds, and other factors, exacerbate wildlife risks, and thereby expose Project occupants to pollutant
concentrations from a wildfire or the uncontrolled spread of a wildfire?
Less than Significant
Impact
p
No mitigation is required.
Less than Significant
Impact
p
Threshold c: Would the Project 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?
Less than Significant
Impact
No mitigation is required.
Less than Significant
Impact
Threshold d: Would the Project expose people or
structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post -fire instability or drainage change?
Less than Significant
Impact
No mitigation is required.
Less than Significant
Impact
Lead Agency: City of Beaumont
SCH No. 2020099007
■ ■ Beaumont Pointe Specific Plan
■ i Environmental Impact Report 2.0 Introduction and Purpose
2.0 INTRODUCTION AND PURPOSE
This EIR has been prepared in accordance with all criteria, standards, and procedures of CEQA (California Public Resource Code Section 21000 et seq.) and the CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15000 et seq.).
Pursuant to CEQA Section 21067 and CEQA Guidelines Article 4 and Section 15367, the City of Beaumont ("City") is the Lead Agency under whose authority this EIR has been prepared. "Lead Agency" refers to the public agency that has the principal responsibility for carrying out or approving a project. Serving as the Lead Agency and before taking action to approve the Project, the City has the obligations to: (1) ensure that this EIR has been completed in accordance with CEQA; (2) review and consider the information contained in this EIR as part of its decision making process; (3) make a statement that this EIR reflects the City's independent judgment pursuant to CEQA Section 21082.1; (4) find that all significant effects on the environment are avoided or substantially lessened where feasible; and, if necessary (5) make written findings for each unavoidable significant environmental effect stating the reasons why mitigation measures or project alternatives identified in this EIR are infeasible and citing the specific benefits of the proposed Project that outweigh its unavoidable adverse effects (CEQA Guidelines Sections 15090 through 15093).
Pursuant to CEQA Guidelines Section 15040 through Section 15043, and upon completion of the CEQA review process, the City has the legal authority to do any of the following:
• Approve the proposed Project;
• Require feasible changes in any or all activities involved in the Project in order to substantially lessen or avoid significant effects on the environment;
• Disapprove the Project, if necessary, in order to avoid one or more significant effects on the environment that would occur if the Project was approved as proposed; or • Approve the Project even though the Project would cause a significant effect on the environment if the City makes a fully informed and publicly disclosed decision that: 1) there is no feasible way to lessen the effect or avoid the significant effect; and 2) specifically identified expected benefits from the Project will outweigh significant environmental impacts of the Project.
This EIR fulfills the CEQA environmental review requirements for the Project and all other governmental discretionary and administrative actions related to the Project.
2.1 DOCUMENT FORMAT
This EIR contains all of the information required to be included in an EIR as specified by the CEQA Statutes and Guidelines (California Public Resources Code, Section 21000 et. seq. and California Code of Regulations, Title 14, Chapter 5). CEQA requires that an EIR contain, at a minimum, certain specified content. Table 2-1, Location of CEQA Required Topics in this EIR, provides a quick reference in locating the CEQA-required Lead Agency: City of Beaumont SCH No. 2020099007
■ ■ Beaumont Pointe Specific Plan
■ -- I Environmental Impact Report
2.0 Introduction and Purpose
content within this document. Following a 45 -day public review period of the Draft EIR, a Final EIR will be prepared which includes public comments and responses to the Draft EIR and Draft EIR revisions, as necessary.
Table 2-1 Location of CEQA Required Topics in this EIR
CEQA Required Topic
CEQA Guidelines
Reference
Location in this EIR
Table of Contents
Section 15122
Table of Contents
Summary
Section 15123
Section 1.0
Project Description
Section 15124
Section 3.0
Environmental Setting
Section 15125
Section 3.0; Sections 4.1
through 4.20
Consideration and Discussion of Environmental
Impacts
Section 15126;
15126.2(a)
Sections 4.1 through 4.20
and Section 5.0
Significant Environmental Effects Which Cannot be
Avoided if the Proposed Project is Implemented
Section 15126.2 (a), (b),
(c)
Sections 4.1 through 4.20
and Section 5.0
Significant Irreversible Environmental Changes
Which Would be Caused by the Proposed Project
Should it be Implemented
Section 15126.2(d)
Section 5.0
Growth -Inducing Impact of the Proposed Project
Section 15126.2(e)
Subsection 5.3
Analysis of the Project's Energy Conservation
Measures
Section 15126.4(a)(1)(C)
Section 4.5
Consideration and Discussion of Mitigation
Measures Proposed to Minimize Significant Effects
Section 15126.4
Sections 4.1 through 4.20
and Section 5.0
Consideration and Discussion of Alternatives to the
Proposed Project
Section 15126.6
Section 6.0
Effects Not Found to be Significant
Section 15128
Section 5.0
Organizations and Persons Consulted
Section 15129
Section 8.0
Discussion of Cumulative Impacts
Section 15130
Sections 4.1 through 4.20
and Section 5.0
In summary, the content and format of this EIR is as follows:
• Section 1.0, Executive Summary includes a Project introduction; a brief description of the Project; a summary of the areas of controversy/issues to be resolved; a description of the Project alternatives; and a summary of the Project's environmental impacts, mitigation measures, and significance of impacts following the application of mitigation measures, project design features, and mandatory compliance with applicable plans, policies, and programs pursuant to CEQA Guidelines Section 15123.
• Section 2.0, Introduction and Purpose, provides introductory information about the CEQA process and the responsibilities of the City, serving as the Lead Agency of this EIR. This section identifies the Project's potential environmental impacts and effects found not to be significant. This section also Lead Agency: City of Beaumont SCH No. 2020099007
■ ■ Beaumont Pointe Specific Plan
■ r- I Environmental Impact Report 2.0 Introduction and Purpose includes a description of the Notice of Preparation comments received, a description of the document format, as well as the purpose of CEQA and this EIR.
• Section 3.0, Project Description, serves as the EIR's Project Description for purposes of CEQA and contains a level of specificity commensurate with the level of detail proposed by the Project. This section also describes the environmental setting, including descriptions of the Project site's physical conditions and surrounding context used as the baseline for analysis in this EIR. • Section 4.0, Environmental Analysis, provides an analysis of potential direct, indirect, and cumulatively -considerable impacts that may occur with implementation of the Project. A conclusion concerning significance is reached for each discussion; mitigation measures are presented as warranted. The environmental changes identified in Section 4.0 and throughout this EIR are referred to as "effects" or "impacts" interchangeably. The CEQA Guidelines also identify the terms "effects" and "impacts" as being synonymous (CEQA Guidelines Section 15358). In the environmental analysis subsections of Section 4.0, the environmental setting and existing baseline conditions are disclosed that are pertinent to the subject area being analyzed, accompanied by a specific analysis of physical impacts that may be caused by implementation of the proposed Project. The analyses are based in part upon technical reports that are appended to this EIR. Information also is drawn from other sources of analytical materials that directly or indirectly relate to the proposed Project and are cited in Section
7.0, References. Where the analysis demonstrates that a physical adverse environmental effect may or would occur without undue speculation after compliance with mandatory federal, State, regional, and local laws and regulations, feasible mitigation measures are recommended to reduce or avoid the significant effect. In most cases, mandatory compliance with regulatory requirements and/or the implementation of the identified mitigation measures would reduce the Project's adverse environmental impacts to below a level of significance. If mitigation measures are not available or feasible to reduce an identified impact to below a level of significance, the environmental effect is identified as a significant and unavoidable adverse impact, for which a statement of overriding considerations would need to be adopted by the City pursuant to CEQA Guidelines Section 15093.
Section 4.0 is organized by 20 issue areas (Subsections 4.1 through 4.20) for each environmental issue area with each following the below framework:
o Environmental Setting. Describes the environmental setting, including descriptions of the Project site's physical conditions, surrounding context, and applicable plans and policies applicable to the environmental issue area. Pursuant to CEQA Guidelines Section 15125, the baseline environmental conditions for purposes of establishing the setting of an EIR is normally the environment as it existed at the time the EIR's Notice of Preparation (NOP) was circulated for public review. Therefore, the existing setting is defined as the condition of the Project site and surrounding area at the approximate date this EIR' s NOP was released for public review on September 4, 2020.
o Notice of Preparation/Scoping Comments. Includes public comments received based on this EIR's NOP and Scoping Meeting.
Lead Agency: City of Beaumont SCH No. 2020099007