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site uses during periods of fire weather extremes. The Project's educational component is not anticipated to result in temporary or ongoing impacts on the environment (Dudek, 2023).
Although the Project would result in the installation and maintenance of new infrastructure, the Project's proposed infrastructure would not exacerbate fire risk or result in temporary or ongoing impacts to the environment. Impacts would be less than significant. (DEIR, pp. 4.20-19 to 4.20-21)
3.1 8.4 THRESHOLD D
Impact Statement: The Project would not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post -fire instability, or drainage changes.
❑ Findings
Potential impacts of the Project related to Threshold d are discussed in detail in Section 4.20.5 of the DEIR. The City finds that the development of the proposed Project will not result in significant impacts related to Threshold d; therefore, no mitigation is required. ❑ Substantial Evidence
According to RCIT and FEMA, the Project site is within an area of minimal flooding (RCIT, 2021; FEMA, 2014). The Project would maintain a similar drainage pattern as compared to existing conditions. The overall development pad would be elevated by the proposed design grading to be situated above local drainage courses. As such, the risk of flooding is low (KCG, 2019). Additionally, the implementation of the Project would result in a 98 cfs reduction in peak flows discharging from the Project site. As such, impacts related to downslope/downstream flooding and drainage changes would be less than significant.
Portions of the Project site have a "low" to "moderate" susceptibility for landslides (KCG, 2019).
Regardless of the landslide susceptibility, the Project would be required by the CBC and Beaumont Building Code to comply with the recommendations identified in the Project's Preliminary Geotechnical Investigation, which would ensure that the Project is engineered and constructed to maximize stability and preclude safety hazards to on -site areas. The implementation of the Project is not anticipated to directly or indirectly cause potential substantial risks, including landslides, as a result of runoff, post -fire instability, or drainage change. Impacts would be less than significant.
Based on the foregoing analysis, the Project is not anticipated to expose people or structure to significant risks, including downslope or downstream flooding or landslides as a result of runoff, post - fire instability, or drainage change. Impacts would be less than significant. (DEIR pp. 4.20-21 to 4.20- 22)
3.1 8.5 CUMULATIVE IMPACTS
Impact Statement: The Project would not result in a cumulatively considerable impact related to wildfire.
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❑ Findings
Potential cumulative impacts of the Project related to wildfire are discussed in detail in Section 4.20.6 of the DEIR. The City finds that the development of the proposed Project would not result in significant cumulative impacts related to wildfire; therefore, no mitigation is required. ❑ Substantial Evidence
The cumulative impact analysis considers potential wildfire impacts of the Project in conjunction with other development projects in the vicinity of the Project site as well as other projects within the City.
The Project would be required to comply with the City's EOP during construction and operation. With respect to evacuation, the cumulative analysis considered the Project in conjunction with surrounding development that would utilize the same evacuation routes during a wildfire.
As described above under Threshold a, adding the maximum number of vehicles from the Project's site would increase evacuation times for surrounding development between 16 minutes and 26 minutes.
However, these scenarios are highly conservative as they assume that all parking spaces are fully occupied at both the proposed Project site and the Hidden Canyon Industrial Park site. Additionally, under all scenarios, the increase in evacuation time is associated with the proposed Project, and not the surrounding land uses, as the proposed Project is located on the furthest end of the study area, and vehicles from the surrounding land uses would reach the transportation network before vehicles from the proposed Project. The Project and surrounding development can be safely evacuated under the worst -case scenario (Scenario 14: Project with Hidden Canyon Industrial Park with SR -60 Only) and would not interfere or impede with an emergency evacuation route. Additionally, although the Project is not to be considered a shelter -in -place development, because the Project site would be highly ignition resistant in terms of its buildings and landscape/hardscape, it is anticipated that an additional option available to emergency managers in some wildfire and other emergency scenarios will be directing people to temporarily remain on site and seek refuge within the ignition resistant buildings or other safe areas on the site. When an evacuation is ordered, it will occur according to pre -established evacuation decision points or as soon as notice to evacuate is received, which may vary depending on many environmental and other factors. The implementation of the Project would not result in the substantial alteration of an existing roadway such that the Project would interfere directly or indirectly with the implementation of an adopted emergency response or emergency evacuation route. Thus, the Project would not result in a significant cumulative impact.
The Project would implement FMZs and FMAs that will reduce the potential to exacerbate wildfires at the Project site and surrounding area. Additionally, the Project's proposed buildings would incorporate internal sprinkler systems and the Project would install fire hydrants on site, which would further reduce the Project's potential to exacerbate wildfire risks. As such, the Project would reduce the potential for wildfires to spread to adjacent properties. Additionally, other development Projects in the area within a VHFHSZ would incorporate FMZs and/or other infrastructure to reduce the potential to spread wildfires. Implementation of the measures will reduce the risk of wildfire spreading from the Project site into surrounding areas and will improve the ability of firefighters to fight fires on the protect Beaumont Pointe Specific Plan Project
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property and neighboring properties and resources, irrespective of the cause or location of ignition. As such, under Threshold b, the Project would not result in a cumulative impact.
The Project would result in the Installation of infrastructure consisting of FMAs, FMZs and utilities; however, the construction and operation of the proposed infrastructure would comply with applicable State and local standards regulating fire risk. Other projects under construction would also be required to comply with the same State and local building and fire code requirements regarding construction and access. As such, under Threshold c, the implementation of the Project would not result in a cumulative impact from the installation or maintenance of associated infrastructure.
The potential hazards related to wildfire addressed under Threshold d are unique to the Project site and are inherently restricted to the specific property proposed for development. That is, issues including downslope or downstream flooding and landslides are specific to the Project site and the immediately surrounding area. Additionally, the Project site would not influence or exacerbate downslope or downstream flooding and landslides at other, off -site properties. Due to the site -specific nature of these potential hazards and the measures to address them, there would be no direct or indirect connection to similar potential issues or cumulative effect to or from other properties. The Project would not result in a cumulative impact. (DEIR, pp. 4.20-22 to 4.20-23)
Beaumont Pointe Specific Plan Project
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4.0 ENVIRONMENTAL IMPACTS MITIGATED TO A LEVEL OF LESS -THAN -
SIGNIFICANT
4.1 BIOLOGICAL RESOURCES
4.1.1 REGULATORY REQUIREMENTS AND PROJECT DESIGN FEATURES The Project includes the following RRs and PDFs that serve to reduce the Project's impacts. The RRs and PDFs will be included in the Project's Mitigation Monitoring and Reporting Program to ensure implementation.
RR 4-1 The Project Applicant is required to pay MSHCP development fees.
PDF 4-1 The Project would conserve 230.82 acres of open space, including 80.63 acres of native vegetation communities (1.20 acres of Southern Riparian Scrub, 1.28 acres of Chaparral and 78.15 acres of Riversidean Sage Scrub).
PDF 4-2
The Project would result in permanent impacts to vegetation communities described for conservation by the MSHCP associated with Cells 933, 936, 1030, 1032, and 1125 totaling 109.69 acres and would impact the following communities: chaparral (0.21 acre), Riversidean sage scrub (24.40 acres), non-native grassland (82.13 acres), and southern riparian scrub (0.03 acre). To offset these impacts, the Project will conserve 133.62 acres of replacement lands through the Criteria Refinement Process, including
0.32 acre of chaparral, 45.85 acres of Riversidean sage scrub, 86.03 acres of non-native grassland, and 0.22 acre of southern riparian scrub. These replacement lands are in areas that are not described for conservation by the Cell Criteria for Cells 933, 936, 1030, 1032, and 1125.
4.1.2 THRESHOLD A
Impact Statement: The Project could 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 Depaitiiient of Fish and Game or U.S. Fish and Wildlife Service.
❑ Findings
Potential impacts of the Project related to Threshold a are discussed in detail in DEIR Section 4.4.7.
No special -status plants were detected at the Project site during focused plant surveys; therefore, no impact to special -status plants would occur. The Project would result in potential impacts to crotch bumble bee, coastal California gnatcatcher and burrowing owl during construction activities.
Therefore, impacts to special -status animals would be potentially significant. The Project is required to comply with Mitigation Measures MM 4.4-1, MM 4.4-2, and MM 4.4-3 which would reduce impacts to less than significant. The City has determined that changes or alterations have been required in or Beaumont Pointe Specific Plan Project
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incorporated into the Project which avoid or substantially lessen the significant environmental effect as identified in the DEIR.
❑ Substantial Evidence
No special -status plants were detected at the Project site during focused plant surveys. Therefore, the Project would not result in an impact to special -status plants, and no impact would occur.
The Project site has the potential to support a number of animal species (raptors and bats), that might forage at the site, but would not otherwise use the site for live-in habitat, including for nesting (or roosting in the case of bats). As such, these impacts are not evaluated in the context of CEQA significance because special status for these species is in the context of breeding.
The following special -status species have the potential to use the site as live-in habitat, including Crotch bumble bee, California glossy snake, Southern grasshopper mouse, coast horned lizard, coastal whiptail, red -diamond rattlesnake, Bell's sage sparrow and Southern California rufous -crowned Sparrow, coastal California gnatcatcher, loggerhead shrike, American badger, bobcat, Dulzura pocket mouse, mountain lion, northwestern San Diego pocket mouse, southern grasshopper mouse, Stephens' Kangaroo Rat (SKR), San Diego black -tailed jackrabbit, and burrowing owl.
The Project is not required per the MSHCP to conduct presence/absence surveys for any of the above - referenced species, either because the species are fully covered and the MSHCP does not have any project -specific survey requirements for these species, or the species are not covered and survey requirements were not developed for the MSHCP. For the majority of these species, including the reptiles, loggerhead shrike, and small mammals, either there is no established survey protocol for the species or the extensive survey efforts to confirm the presence/absence of these species is not warranted. Since focused surveys were not performed for these species to confirm absence, or to determine the extent of site use by the one or more species if present, then the alternative is to acknowledge the possibility of occurrence based on the presence of suitable habitat. The likelihood is that certain species, if present, occupy a smaller portion of the site, and that although the loss of habitat might impact one or more species, impacts are not expected to be considered as "substantial adverse" impacts that would trigger a determination of significance. The coast horned lizard, coastal whiptail, red -diamond rattlesnake, coastal California gnatcatcher, loggerhead shrike, bobcat, mountain lion, northwestern San Diego pocket mouse, SKR and San Diego black -tailed jackrabbit are all MSHCP Covered Species. As such, through the participation in the MSHCP, including the payment of MSHCP development fees, impacts to these species would be less than significant. In addition, the species receive coverage under the MSHCP because lands have adequately been conserved throughout the Plan area to support coverage. Furthermore, given that adequate conservation is provided within western Riverside County for these species, the loss of habitat because of the Project would not be a substantial adverse effect to the species at the local level.
California glossy snake, American badger, Dulzura pocket mouse, and southern grasshopper mouse are not designated as Covered Species under the MSHCP as sufficient information was not available to make that determination when the MSHCP was approved. Crotch bumble bee is not a Covered Beaumont Pointe Specific Plan Project
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Species because at the time that the MSHCP was approved the bumble bee was not regarded with a level of sensitivity to warrant consideration. Regardless of whether these species have an official designation as a Covered Species, the lands collectively conserved as part of the MSHCP Reserve are certain to provide habitat for these species, and through participation of the Project in the MSHCP, including the proposed conservation of 230.82 acres of lands with potential habitat for these species, impacts to these species would be less than significant.
However, the Project would result in potential impacts to crotch bumble bee, coastal California gnatcatcher, and burrowing owl during construction activities. Therefore, impacts to special -status animals would be potentially significant and mitigation would be required.
In the context of biological resources, indirect edge effects are those effects associated with developing areas adjacent to native open space. The MSHCP acknowledges that in the absence of measures to address urban edge effects to open space, it is assumed that edge effects resulting from development or land use practices in proximity to conserved habitat areas include: 1) long-term presence of unshielded noise -generating land uses in proximity to the MSHCP Conservation Area; 2) unshielded night -lighting directed within the MSHCP Conservation Area; 3) use of exotic landscape plant materials that may invade native vegetation communities within the MSHCP Conservation Area; 4) discharge of uncontrolled or unfiltered urban runoff toward the MSHCP Conservation Area, including potential toxics; and 5) uncontrolled access, dumping or trespass within the MSHCP Conservation Area. In absence of measures to address these issues, edge effects would have the potential for significant indirect impacts to native biological resources. As such, projects located adjacent to the MSHCP Conservation Area are required to implement measures pursuant to the Urban/Wildland Interface Guidelines per Volume I, Section 6.1.4 of the MSHCP. With adherence to the guidelines, projects are expected to minimize potential edge effects such that a project will not have significant impacts to sensitive resources because of indirect edge effects. The Project would implement measures consistent with the MSHCP guidelines to address the following: drainage, toxics, lighting, noise, invasives, barriers, and grading/land development. (DEIR, pp. 4.4-43 to 4.4-54) The following mitigation measures have been incorporated into the Project:
MM 4.4-1
MM 4.4-2
Prior to initial site 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. 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.
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 burrowing owls Beaumont Pointe Specific Plan Project
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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 Department 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:
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.
Implementation of Mitigation Measure MM 4.4-1 would ensure that appropriate preconstruction surveys are conducted prior to ground -disturbing activities and/or vegetation removal for bumble bees and an ITP be obtained, as necessary. Implementation of Mitigation Measure MM 4.4-2 would ensure that appropriate preconstruction surveys are conducted prior to ground -disturbing activities and/or vegetation removal and would ensure that owls are relocated following the Burrowing Owl Protection and Relocation Plan, if necessary. Implementation of Mitigation Measure MM 4.4-3 would ensure that appropriate preconstruction surveys are conducted if ground -disturbing activities (including vegetation removal) occur within the coastal California gnatcatcher breeding season. Implementation of the required mitigation measures would reduce Project impacts to species identified as a candidate, Beaumont Pointe Specific Plan Project
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sensitive, or special status species, including the crotch bumble bee, coastal California gnatcatcher and burrowing owl, to less -than- significant levels. (DEIR, pp. 4.4-62 to 4.4-65)
4.1.3 THRESHOLD B
Impact Statement: The Project could have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service. ❑ Findings
Potential impacts of the Project related to Threshold b are discussed in detail in Section 4.4.7 of the DEIR. The Project would result in a permanent impact to 0.43 acre of MSHCP riparian/riverine areas, of which 0.03 acre supports riparian habitat. Therefore, impacts to riparian habitat would be potentially significant. The City has determined that changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the DEIR.
❑ Substantial Evidence
The Project would result in a permanent impact to approximately 58.76 acres of native vegetation communities (Chaparral, Riversidean Sage Scrub and Southern Riparian Scrub) and 328.71 acres of non-native habitats (non-native grassland) and disturbed/developed areas. Southern Riparian Scrub is considered to be a sensitive community in general as a "riparian" community. However, based on state rankings, the Riversidean sage scrub and chaparral communities are not sensitive. These vegetation communities could potentially support special -status animal species. These impacts are addressed through consistency with the MSHCP, which includes the payment of MSHCP development fees and the proposed conservation of 230.82 acres of open space, including 80.63 acres of native vegetation communities (1.20 acres of Southern Riparian Scrub, 1.28 acres of Chaparral and 78.15 acres of Riversidean Sage Scrub). Therefore, through the Project's participation in the MSHCP, impacts to vegetation communities would be less than significant.
The Project would result in a permanent impact to 0.43 acre of MSHCP riparian/riverine areas, of which 0.03 acre supports riparian habitat. Therefore, impacts to riparian habitat would be potentially significant. (DEIR pp 4.4-54 to 4.4-55)
The following mitigation measure has been incorporated into the Project:
MM 4.4-4
Prior to issuance of grading permits or other permits authorizing ground disturbance (e.g., vegetation clearing, clearing and grubbing, tree removal, site watering, equipment staging), the 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 Beaumont Pointe Specific Plan Project
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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.
Implementation of Mitigation Measure 4.4-4 would ensure that Project impacts to 0.43 acre of MSHCP riparian/riverine resources (including 0.03 acre of riparian habitat) are 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. Implementation of the required mitigation would reduce the Project's impacts to riparian habitat to less -than -significant levels. DEIR pp. 4.4-64 to 4.4-65)
4.1.4 THRESHOLD C
Impact Statement: The Project could have substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means.
❑ Findings
Potential impacts of the Project related to Threshold c are discussed in detail in Section 4.4.7 of the DEIR. The Project site does not contain any State- or federally -protected wetlands, and therefore the Project would not impact wetlands. However, the Project would result in impacts to potential Corps and Regional Board jurisdictional resources and resources within CDFW jurisdiction. Project impacts to waters considered jurisdictional by the Corps, Regional Board, and/or CDFW represent a significant impact of the proposed Project. The City has determined that changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the DEIR.
❑ Substantial Evidence
Approximately 0.02 acre of potential Corps and Regional Board jurisdictional wetlands are present within Drainage L within the Project site; however, this portion of Drainage L is located outside of the development footprint. Therefore, the Project would not result in the loss of state or federally protected wetlands, and no impact would occur. The Project would, however, result in impacts to drainages considered jurisdictional by the Corps, Regional Board, and/or CDFW.
DEIR Table 4.4-10, Summary of Impacts to Potential Corps and Regional Board Jurisdiction, summarizes impacts to potential resources within Corps and Regional Board jurisdiction. The Project would impact approximately 0.31 acre (5,506 linear feet) of potential Corps and Regional Board Beaumont Pointe Specific Plan Project
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jurisdictional resources but would not result in impacts to jurisdictional wetlands, as depicted. The Project site does not contain any State- or federally -protected wetlands, and therefore the Project would not impact wetlands. However, the Project would result in impacts to 0.31 acre (5,506 linear feet) of potential Corps and Regional Board jurisdictional resources and 0.43 acre (5,506 linear feet) of CDFW jurisdictional resources. Project impacts to waters considered jurisdictional by the Corps, Regional Board, and/or CDFW represent a significant impact of the proposed Project. Project impacts to Corps jurisdiction would require a permit pursuant to Section 404 of the CWA and water quality certification pursuant to Section 401 of the CWA from the Regional Board. Impacts to Regional Board jurisdiction Waters of the U.S. would require water quality certification pursuant to Section 401 of the CWA from the Regional Board and impacts to Regional Board jurisdictional Waters of the State would require a Waste Discharge Order from the Regional Board. Therefore, impacts to Corps and Regional Board jurisdiction would be potentially significant.
DEIR Table 4.4-11, Summary of CDFW Jurisdictional Impacts, summarizes impacts to potential resources within CDFW jurisdiction. The Project would result in impacts to 0.43 acre (5,506 linear feet) of CDFW jurisdiction, which includes 0.40 acre of non -riparian streambed and 0.03 acre of jurisdictional riparian habitat. Impacts to CDFW jurisdiction would require a Lake and Streambed Alteration Agreement pursuant to CFGC Section 1602. Therefore, impacts to CDFW jurisdiction would be potentially significant. (DEIR pp. 4.4-55, 4.4-56) Refer to Mitigation Measure MM 4.4-4, above. Implementation of Mitigation Measure 4.4-4 would ensure that Project impacts to 0.31 acre of Corps jurisdiction and Regional Board jurisdiction, and 0.43 acre of CDFW jurisdiction are 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. The required mitigation also would ensure that the Project Applicant obtains appropriate permits from the Corps, Regional Board, and/or CDFW. Implementation of the required mitigation would reduce the Project's impacts to jurisdictional waters to less -than -significant levels. (DEIR pp. 4.4-64 to 4.4-66)
4.1.5 THRESHOLD D
Impact Statement: The Project has the potential to interfere with the movement of migratory nesting birds.
❑ Findings
Potential impacts of the Project related to Threshold d are discussed in detail in Section 4.4.7 of the DEIR. Although the Project would result in impacts to lands that support the local movement of wildlife, the Project is designed to support the MSHCP goals for Proposed Core 3 through its proposed conservation lands, wildlife fencing, and management of edge effects. Through compliance with MSHCP goals for Proposed Core 3, impacts to wildlife movement would be less than significant.
However, the Project has the potential to impact nesting migratory birds protected by the MBTA and CFGC, should habitat removal occur during the nesting season and should nesting birds be present.
Therefore, impacts to nesting birds would be potentially significant. The City has determined that Beaumont Pointe Specific Plan Project
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changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect as identified in the DEIR. ❑ Substantial Evidence
Wildlife Corridor
The Project site provides for the local movement of wildlife, including mountain lion, mule deer, bobcat, coyote, gray fox, and other smaller mammals, as well as general habitat, including live-in habitat for some species. As such, the Project would result in impacts to the local movement of wildlife through the Project site. However, the Project is designed to support the MSHCP goals pertaining to movement, specifically as it relates to supporting the goals of Proposed Core 3. The supporting design elements of the Project include 1) conserving the lands required by the MSHCP to support the assembly and function of Proposed Core 3; 2) installing and maintaining fencing that would separate the development footprint (including the Project's managed open space buffer) from Proposed Core 3 conservation lands; and 3) managing edge effects between the Project and the conserved lands, including lighting and noise.
The Project would conserve 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. As Proposed Core 3 extends from northwest to southeast, the Core is bisected by SR -60 to the west of the Project. As such, SR -60 provides a constraint to movement of wildlife through Proposed Core 3. MSHCP Volume I, Section 7.5.2 provides guidelines for the construction of wildlife crossings associated with roadway projects. The MSHCP notes undercrossing structures of varying sizes should be included in a long road alignment to accommodate small, medium, and large wildlife, with multiple undercrossings for each size group depending on the length of the roadway. Caltrans is currently constructing the SR -60 Truck Lanes Project which extends for approximately 4.75 miles from approximately Gilman Springs Road on the west to a point about one mile east of the western limits of the Project site. The Caltrans work is expected to be completed by the time that construction of the Project would begin. Therefore, Project components including proposed fencing would tie in consistently with SR -60 improvements.
As part of SR -60 improvements, Caltrans is constructing eight all-weather undercrossing structures specifically for wildlife, including two 20 -foot -tall by 20 -foot -wide box culverts to accommodate larger wildlife (mule deer, mountain lion, and bobcat) and six smaller undercrossings. The smaller structures consist of a combination of corrugated metal pipes (CMPs), reinforced concrete pipes (RCPs) and arch concrete pipes (ACPs). Three of the eight undercrossings are being constructed for the section of SR -60 improvements that abut the northern Project boundary, including one 60 -inch pipe at the western end of the Project site, one of the 20 -foot by 20 -foot culverts approximately 0.50 mile along the Project boundary east of the 60 -inch pipe, and one 36 -inch pipe another 0.50 mile to the east of the box culvert. Wildlife expected to occur at the Project site with the potential to use these three features include medium to large -sized mammals such as mule deer, mountain lion, bobcat and coyote, smaller mammals such as gray fox, raccoon and rodents, and other smaller wildlife such as reptiles and amphibians. The remaining five Caltrans undercrossings are being constructed west of the Project site, with the second 20 -foot by 20 -foot culvert located approximately one -mile west of the Project site.
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Conservation proposed by the Project includes the northwestern corner of Ce11 933, which, based on the existing Cell Criteria, is not currently described for conservation. The northwestern portion of Cell 933 is located adjacent to the Caltrans box culvert and based on the existing Cell Criteria, the box culvert might not be properly connected to the Proposed Core 3 open space. As such, one benefit of the Criteria Refinement is to place this portion of the Cell into conservation such that undercrossing is properly connected to the main portion of the Proposed Core 3 to the southwest, as requested by the RCA and Wildlife Agencies.
SR -60 improvements include a wildlife fence along both the northern and southern edges of SR -60 to minimize the likelihood that wildlife enter the roadway and direct wildlife to the areas north and south of the freeway. The eastern terminus of the SR -60 fence is being constructed just east of the proposed 36 -inch pipe culvert. The proposed Project would similarly construct a wildlife fence along the western and southern edges of the Project site to prevent wildlife from entering the site from the adjacent conserved lands. The fence would be constructed approximately along the boundary between the proposed conserved lands (PA 10) and the Project's PA 9, although the exact location would vary depending on the topography. The Project's fence would tie into the SR -60 fence at the easternmost proposed wildlife CMP and would extend west and then south/southeast around the Project to direct wildlife in the northwesterly/southeasterly direction. The wildlife fencing along the Project boundary would include one-way swing gates opening into the MSHCP conservation area for any wildlife that enter the Project site from the north and east trying to escape into the adjacent conserved lands. In addition to the wildlife fence, the Project would also include six-foot tubular steel security fencing along the northern boundary abutting the SR -60 right-of-way, beginning from the wildlife fence on the west and extending east to the Project's entry point. Wildlife that either cross over or under SR -60 east of the Caltrans wildlife fence terminus would be forced to the west or east along the security fence. A swing gate would be installed to the west along the section of lateral (north -south) wildlife fence connecting to the SR -60 fence, allowing wildlife to escape the freeway right-of-way towards the conserved lands.
The Project through its design would also address edge effects relative to adjacent conserved lands.
The Project's night lighting would be designed to prevent spillage into the MSHCP conserved lands along the western and southern development boundary. As such, consistent with the MSHCP Urban/Wildlife Interface Guidelines (MSHCP Volume I, Section 6.1.4), night lighting shall be directed away from the MSHCP Conservation Area to protect species within the MSHCP Conservation Area from direct night lighting to ensure ambient lighting in the MSHCP Conservation Area is not increased.
Regarding noise, the Project's Maintained Open Space (i.e., PA 9) would serve as a buffer between the main development footprint and the proposed conservation lands, such that wildlife within the adjacent conserved lands would not be subjected to noise that exceeds residential standards.
In conclusion, although the Project would result in impacts to lands that support the local movement of wildlife, the Project is designed to support the MSHCP goals for Proposed Core 3 through its proposed conservation lands, wildlife fencing, and management of edge effects. Through compliance with MSHCP goals for Proposed Core 3, impacts to wildlife movement would be less than significant.
Beaumont Pointe Specific Plan Project
Facts and Findings and Statement of Overriding Considerations
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Native Wildlife Nursery Sites
The Project site does not represent a nursery site. Therefore, the Project would not result in impacts to a native wildlife nursery site. However, the Project site contains vegetation with the potential to support native nesting birds. Impacts to nesting birds are prohibited by the MBTA and CFGC. Since the Project has the potential to impact active nests regulated by the MBTA and CFGC, Project impacts to nesting birds represent a significant impact of the Project for which mitigation in the form of pre -construction surveys and avoidance of active nests would be required. (DEIR pp. 4.4-57 to 4.4-59) The following mitigation measure has been incorporated into the Project:
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 Department 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.
Implementation of Mitigation Measure 4.4-5 would ensure that appropriate pre -construction surveys are conducted during the bird nesting season and would ensure that impacts to any active nests are avoided. Implementation of the required mitigation would reduce the Project's potential impacts to nesting birds to less -than -significant levels. (DEIR pp. 4.4-63, 4.4-64, 4.4-66)
4.1.6 THRESHOLD F
Impact Statement: The Project could conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan.
❑ Findings
Potential impacts of the Project related to Threshold f are discussed in detail in Section 4.4.7 of the DEIR. The Project would be consistent with the biological requirements of the MSHCP Reserve Assembly Requirements, Section 6.1.2 (Protection of Species Associated with Riparian/Riverine Areas and Vernal Pools), Section 6.1.3 (Protection of Narrow Endemic Plant Species), Section 6.1.4 (Guidelines Pertaining to the Urban/Wildlands Interface), and Section 6.3.2 (Additional Survey Needs Beaumont Pointe Specific Plan Project
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and Procedures). However, implementation of Mitigation Measure 4.4-2 would be required to ensure that the Project is consistent with Section 6.3.2 (Additional Survey Needs and Procedures) of the MSHCP Reserve Assembly Requirements for Burrowing Owl. Therefore, this impact is considered potentially significant. The City has determined that changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the DEIR.
❑ Substantial Evidence
The Project site is located in the MSHCP Criteria Area, within portions of independent Cells 933, 936, 1030, 1032, and 1125, as well as a portion of Cell Group A', divided between two Area Plans: The Pass Area Plan (Cells 933, 936, 1030, 1032, and 1125) and the Reche Canyon/Badlands Area Plan (Cell Group A'). The Project is subject to the Habitat Evaluation and Acquisition Negotiation Strategy (HANS) process in coordination with the City. The Project will be subject to Joint Project Review (JPR) by the RCA in order for the RCA to determine that the Project will be consistent with the MSHCP. The Project's compliance with MSHCP Reserve assembly requirements, Section 6.1.2 (Protection of Species Associated with Riparian/Riverine Areas and Vernal Pools), Section 6.1.3 (Protection of Narrow Endemic Plant Species), Section 6.1.4 (Guidelines Pertaining to the Urban/Wildlands Interface), and Section 6.3.2 (Additional Survey Needs and Procedures), is provided below.
• Protection of Species Associated with Riparian/Riverine Areas and Vernal Pools (Section 6.1.2): The Project site supports 1.18 acres of riparian habitat and 2.57 acre of riverine streambed. Although riparian habitat is present within the Project site in the form of Southern Riparian Scrub, this community does not have the potential to support least Bell's vireo, southwestern willow flycatcher, or western yellow -billed cuckoo. Within the Project site, this community is comprised of individual trees and shrubs with an herbaceous understory, and does not contain a stratified canopy or support the structural complexity required to support these species.
The Project site does not contain 140epresssions (natural or artificial) that would inundate long enough to support resources associated with vernal pools, including fairy shrimp. The soils mapped within the Project site are categorized as sandy loam soils, which are generally not associated with vernal pools, and direct observations of the soils within the Project site showed a lack of clay soil components. Road ruts are generally not allowed to develop or persist for durations long enough to support resources associated with pools due to regular maintenance of the access roads within the Project site. Regular maintenance keeps these roads free of ruts and washouts, in order to allow operations and maintenance of various utilities (i.e., Southern California Edison transmission towers and a SoCal Gas transmission pipeline), as well as access to commercial apiary operations. In addition, no plant species were observed within the Project site that are associated with vernal pools and similar habitats that experience prolonged inundation.
The Project would result in impacts to 0.03 acre of riparian habitat and 0.40 acre of riverine streambed. Therefore, a Demonstration of Biologically Equivalent or Superior Beaumont Pointe Specific Plan Project
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Preservation (DBESP) would be required for impacts to Riparian/Riverine resources. A DBESP would be completed as part of the Project. Therefore, the Project is consistent with Section 6.1.1 of the MSHCP.
• Protection of Narrow Endemic Plants (Section 6.1.3): Volume I, Section 6.1.3 of the MSHCP requires that within identified Narrow Endemic Plant Species Survey Areas (NEPSSA), site -specific focused surveys for Narrow Endemic Plants Species will be required for all public and private projects where appropriate soils and habitat are present.
No special -status plant species were observed within the Project site during focused plant surveys. The Project site occurs within NEPSSA 8; therefore, the following target species were evaluated: many -stemmed dudleya and Yucaipa onion. As discussed above, these species are not expected to occur due to a lack of suitable (clay) soils and were not detected during focused surveys. Therefore, these species were confirmed to be absent from the Project site and the Project would not result in impacts to NEPSSA species; therefore, the Project is consistent with Section 6.1.3 of the MSHCP.
• Guidelines Pertaining to the Urban/Wildlands Interface (Section 6.1.4): The MSHCP Urban/Wildland Interface Guidelines are intended to address indirect effects associated with locating development in proximity to the MSHCP Conservation Area. As the MSHCP Conservation Area is assembled, development is expected to occur adjacent to the Conservation Area. Future development in proximity to the MSHCP Conservation Area may result in edge effects with the potential to adversely affect biological resources within the Conservation Area. To minimize such edge effects, the guidelines shall be implemented in conjunction with review of individual public and private development projects in proximity to the MSHCP Conservation Area. As discussed in threshold a, the Project will implement applicable measures as it relates to temporary construction impacts to minimize adverse indirect impacts on special -status resources within Conserved Lands. Therefore, the Project is consistent with Section 6.1.4 of the MSHCP. • Additional Survey Needs and Procedures (Section 6.3.2): The Project site is not located within a CAPSSA, Mammal Survey Area, or Amphibian Survey Area, and does not support suitable habitat for riparian/riverine associated species (i.e. listed fairy shrimp, least Bell's vireo); therefore, surveys for these species were not required and impacts would not result from the Project.
The Project site is located within the Burrowing Owl Survey Area. Focused surveys were conducted during the 2019 burrowing owl breeding season, with negative results.
Regardless, at a minimum, a 30 -day preconstruction survey will be conducted immediately prior to the initiation of construction to ensure protection for this species and compliance with the conservation goals as outlined in the MSHCP. If burrowing owls are detected on - site during the 30 -day preconstruction survey, a burrowing owl relocation plan will be developed for the passive/active translocation of individuals as directed by the RCA and wildlife agencies. With incorporation of Mitigation Measure 4.4-2, the Project is consistent with Section 6.3.2 of the MSHCP.
Beaumont Pointe Specific Plan Project
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The Project would be consistent with the biological requirements of the MSHCP Reserve Assembly Requirements, Section 6.1.2 (Protection of Species Associated with Riparian/Riverine Areas and Vernal Pools), Section 6.1.3 (Protection of Narrow Endemic Plant Species), Section 6.1.4 (Guidelines Pertaining to the Urban/Wildlands Interface), and Section 6.3.2 (Additional Survey Needs and Procedures). However, implementation of Mitigation Measure 4.4-2 would be required to ensure that the Project is consistent with Section 6.3.2 (Additional Survey Needs and Procedures) of the MSHCP Reserve Assembly Requirements for Burrowing Owl. Therefore, this impact is considered potentially significant. (DEIR, pp. 4.4-59 to 4.4-61)
Refer to Mitigation Measure MM 4.4-2, above. Implementation of Mitigation Measure 4.4-2 would be required to ensure that the Project is consistent with Section 6.3.2 (Additional Survey Needs and Procedures) of the MSHCP Reserve Assembly Requirements for Burrowing Owl. Implementation of the required mitigation would ensure the Project's consistency with the MSHCP. (DEIR, pp. 4.4-63, 4-64, 4.4-66)
4.1.7 CUMULATIVE IMPACTS
Impact Statement: The Project could have significant cumulative biological impacts without implementation of mitigation measures.
❑ Findings
Potential cumulative impacts of the Project related to biological resources are discussed in detail in DEIR Section 4.4.8. No special -status plants were detected at the Project site during focused plant surveys; therefore, no impact to special -status plants would occur. The Project would result in potential impacts to crotch bumble bee, coastal California gnatcatcher and burrowing owl during construction activities. Therefore, impacts to special -status animals would be potentially significant. The Project is required to comply with Mitigation Measures MM 4.4-1, MM 4.4-2, and MM 4.4-3 which would reduce impacts to less than significant. The City has determined that changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the DEIR.
❑ Substantial Evidence
This cumulative impact analysis considers development of the Project in conjunction with other development projects and planned development in the vicinity of the Project site. The cumulative impact evaluation also takes into consideration the geographic area covered by the Western Riverside County MSHCP, which is the prevailing habitat conservation plan applicable to the Project site.
The temporary direct and/or indirect impacts of the Project would not result in significant cumulative impacts to environmental resources within the region of the Project site. Cumulative impacts refer to incremental effects of an individual project when assessed with the effects of past, current, and proposed projects. The MSHCP was developed to address the comprehensive regional planning effort and anticipated growth in the City. Projects in the area would be required to comply with the MSHCP Beaumont Pointe Specific Plan Project
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and to mitigate project impacts consistent with MSHCP requirements. The Project would result in permanent impacts to vegetation communities described for conservation by the MSHCP associated with Cells 933, 936, 1030, 1032, and 1125 totaling 109.69 acres and would impact the following communities: chaparral (0.21 acre), Riversidean sage scrub (24.40 acres), non-native grassland (82.13 acres), and southern riparian scrub (0.03 acre). To offset these impacts, the Project would conserve 133.62 acres of replacement lands, including 0.32 acre of chaparral, 45.85 acres of Riversidean sage scrub, 86.03 acres of non-native grassland, and 0.22 acre of southern riparian scrub consistent with the MSHCP. Additionally, the Project would potentially impact MSHCP covered species (coast horned lizard, coastal whiptail, red -diamond rattlesnake, coastal California gnatcatcher, loggerhead shrike, bobcat, mountain lion, northwestern San Diego pocket mouse, SKR and San Diego black -tailed jackrabbit). Impacts to covered species would be mitigated through a combination of general MSHCP compliance, pre -construction surveys, protection plans and avoidance, as required through implementation of Mitigation Measures MM 4.4-1, MM 4.4-2, MM 4.4-3, and MM 4.4-5. Non - covered sensitive floral species were not detected or expected to occur within or adjacent to the Project and therefore the development of the Project site would not result or contribute to a cumulative impact to non -covered species. A few non -covered sensitive faunal species have potential to occur within the Project site, and so the Project could contribute to a cumulative impact for these species. However, adequate lands would be conserved by the Project as part of the MSHCP conservation to address these species and reduce any impacts to below a level of significance. Furthermore, the Project has been designed and mitigated to remain in compliance with all MSHCP conservation goals and guidelines which other projects are required to do as well, and therefore would not result in an adverse cumulative impact.
The Project would also impact jurisdictional waters (0.31 acres of Corps and Regional Board jurisdiction, and 0.43 acres of CDFW jurisdiction and MSHCP riparian/riverine resources, of which
0.03 acre is vegetated riparian habitat). Through the implementation of Mitigation Measure MM 4.4- 4, the Project would be required to purchase wetland/riparian habitat establishment and/or rehabilitation credits from an approved mitigation bank/in-lieu fee program at a minimum 1:1 ratio. (DEIR, pp. 4.4-61 to 4.4-62) Because any other projects in the area that impact jurisdictional waters would be required to mitigate for those impacts, and the Project has mitigated for its impacts, there are no cumulative impacts to jurisdictional waters that result from the Project.
4.2 CULTURAL RESOURCES
4.2.1 THRESHOLD B
Impact Statement: The Project could cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5.
❑ Findings
Potential impacts of the Project related to Threshold b (historical resources) are discussed in detail in Section 4.5.6 of the DEIR. No known prehistoric archeological resources are present on the Project site. Nonetheless, the potential exists for Project -related ground -disturbing activities to result in a direct impact to significant subsurface prehistoric archaeological resources should such resources be discovered during Project -related ground -disturbing activities. The Project is required to comply with Beaumont Pointe Specific Plan Project
Facts and Findings and Statement of Overriding Considerations
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Mitigation Measures MM 4.5-1 and 4.5-2, which would reduce impacts to less than significant. The City has determined that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the DEIR. ❑ Substantial Evidence
Although the Beaumont Pointe Specific Plan Project will result in direct impacts to recorded cultural resources RIV-5060, RIV-5061, P-33-006229, P-33-009027, P-33-015672 and P-33-015673, based on the cultural resources inventory and records search, an intensive pedestrian survey, and Phase II significance testing, it was determined that there are no unique or significant archaeological resources on the Project site and site -specific mitigation measures with respect to these artifacts are not required.
Therefore, implementation of the Project would result in less than significant impacts associated with known archaeological resources. However, due to the presence of cultural resources documenting prehistoric and historic use of this property, and the poor ground visibility during the survey, there is a potential to impact buried prehistoric archaeological resources during ground disturbance activities (i.e., grading and excavation activities), which would result in a potentially significant impact. (DEIR p. 4.5-16)
The following mitigation measures have been incorporated into the Project:
MM 4.5-1
MM 4.5-2
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 meeting with the contractors to explain and coordinate the requirements of the monitoring program.
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 Beaumont Pointe Specific Plan Project
Facts and Findings and Statement of Overriding Considerations
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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 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 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).
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.
d) Before ground disturbance activities are allowed to resume in the affected area, the artifacts shall be recovered and features recorded using professional archaeological Beaumont Pointe Specific Plan Project
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methods. The archaeologist shall determine the amount of material to be recovered for an adequate artifact sample for analysis.
e) 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.
f) 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.
Implementation of Mitigation Measure MM 4.5-1 and 4.5-2 would ensure the proper identification and subsequent treatment of any significant archaeological resources that may be encountered during ground -disturbing activities associated with implementation of the Project. With implementation of the required mitigation, the Project's potential impacts to important archaeological resources would be reduced to less than significant. (DEIR pp. 4.5-16 to 4.5-18, 4.5-20)
4.2.2 CUMULATIVE IMPACTS
Impact Statement: The Project would not result significant cumulative cultural resources impacts. ❑ Findings
As discussed, under Threshold b, above, there are no significant archaeological resources located on the Project site. Impacts to previously undiscovered subsurface archeological resources are typically site specific from ground disturbing activities and generally do not combine to result in cumulative impacts, unless resources are identified immediately adjacent to the Project site. The nearest development to the Project is Hidden Canyon Industrial Park to the east, which has been graded and is currently under development. Further, site -specific archeological resource investigations would be required for other projects before the City would permit ground disturbances or demolition or substantial alteration of existing structures. Such investigations would include some degree of surface - level surveying and identify resources on the affected project sites that are or appear to be eligible for listing on the national or state registers for historic resources. Such investigations would also recommend mitigation measures to protect and preserve cultural resources. Therefore, cumulative impacts to archaeological resources would be less than significant.
4.3 GEOLOGY AND SOILS
4.3.1 THRESHOLD F
Impact Statement: The Project would have potential to directly or indirectly destroy a unique paleontological resource or site or unique geologic feature.
Beaumont Pointe Specific Plan Project
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❑ Findings
Potential impacts of the Project related to Threshold f are discussed in detail in Section 4.7.6 of the DEIR. The Project site is identified as within an area of "High" Paleontological Sensitivity; therefore, implementation of the Project would result in potentially significant impacts associated with paleontological resources. The Project could result in direct impacts to paleontological resources within the Project site should such resources be discovered during Project -related construction activities. The Project is required to comply with Mitigation Measures MM 4.7-1 to 4.7-3, which would reduce impacts to less than significant. The City has determined that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the DEIR.
❑ Substantial Evidence
Because the City does not have specific guidelines for the preservation of paleontological resources, the City elects to use Riverside County guidelines for rating the paleontological sensitivity of geologic formations. A paleontological sensitivity map generated by the Riverside County Land Information System in February 2021 ranks most of the Project area as having a High Paleontological Potential/Sensitivity (High A). The category "High A" indicates that fossils are likely to be encountered at the surface and may be impacted during excavation by construction activities.
The Project site has a high potential to contain paleontological resources due to the: 1) presence of the middle Pliocene to lower Pleistocene fossiliferous middle member of the San Timoteo Formation, 2) recovery of fossils from the formation within and nearby the Project site boundaries, and 3) "High" Paleontological Sensitivity assigned to the San Timoteo Formation for yielding paleontological resources. The San Timoteo Formation also extends below the cover of young alluvial fan deposits and would be exposed during grading activities. Areas having a low paleontological sensitivity are represented by Holocene (modern) young alluvial fan deposits lining the drainage valleys. Generally, these sedimentary deposits do not yield fossils, being too young.
A paleontological literature review and collections and records search was performed by the Los Angeles County Museum (LACM). The review did not find any documented paleontological localities (fossil sites) held by the LACM from within the Project site; however, six localities held by the LACM are just west of the southernmost portion of the Project site. Significant fossil vertebrate remains "may well" be encountered in any digging in the San Timoteo Formation, as well as in older Quaternary alluvial deposits that may underlie the younger alluvium mapped on the surface within the Project site.
However, based upon the topography and the distribution of the various Quaternary deposits in the Project vicinity, it is more likely that the San Timoteo Formation underlies the young alluvial fan deposits within the Project site.
Therefore, there is a high probably of encountering paleontological resources during grading activities that impact the San Timoteo Formation and Quaternary older alluvial fan sediments. Impacts to paleontological resources would be significant. (DEIR, pp. 4.7-22 to 4.7-23) Beaumont Pointe Specific Plan Project
Facts and Findings and Statement of Overriding Considerations
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The following mitigation measures have been incorporated into the Project:
MM 4.7-1
MM 4.7-2
MM 4.7-3
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 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.
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.
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 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:
g)
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.
h) Paleontological salvage shall complete with professional standard protocols, as detailed in Section VII, Paleontological Resource Impact Mitigation Program in Technical Appendix F2 of the DEIR.
i) In the laboratory, individual fossils shall be cleaned of extraneous matrix, any breaks repaired, and the specimen, if needed, stabilized by soaking in an archivally approved acrylic hardener (e.g., a solution of acetone and Paraloid B-72).
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j) The recovered specimens shall be prepared to a point of identification and permanent preservation (not display), including screen -washing of sediments to recover small invertebrates and vertebrates.
k) 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. 1) 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.
Implementation of Mitigation Measures MM 4.7-1 through 4.7-3 would ensure the proper identification and subsequent treatment of any significant paleontological resources that may be encountered during ground -disturbing activities associated with implementation of the proposed Project. With implementation of the required mitigation, the Project's potential impacts to important paleontological resources would be reduced to less than significant. The Project's contribution to cumulative impacts would likewise be reduced to less than significant. (DEIR, pp. 4.7-25 to 4.7-26)
4.3.2 CUMULATIVE IMPACT
Impact Statement: The Project would have potential to result in cumulative impacts to paleontological resources.
❑ Findings
Potential cumulative impacts of the Project related to paleontological resources are discussed in detail in Section 4.7.7 of the DEIR. The Project site is identified as within an area of "High" Paleontological Sensitivity; therefore, implementation of the Project could result in potentially significant impacts associated with paleontological resources. The Project could result in direct impacts to paleontological resources within the Project site should such resources be discovered during Project -related construction activities. The Project is required to comply with Mitigation Measures MM 4.7-1 to 4.7- 3, which would reduce impacts to less than significant. The City has determined that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the DEIR.
Beaumont Pointe Specific Plan Project
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❑ Substantial Evidence
The Project's potential to result in impacts to paleontological resources (Threshold f) is similar to that of other projects located in the region that are underlain by alluvial fan deposits. The Project -specific PRIMP, required as Mitigation Measures MM 4.7-1 through MM 4.7-3, would ensure Project -specific paleontological impacts are reduced to less than significant. Therefore, the Project's contribution to a cumulatively considerable impacts is less than significant. (DEIR, pp. 4.7-23 to 4.7-24)
4.4 TRIBAL CULTURAL RESOURCES
4.4.1 REGULATORY REQUIREMENTS
The following Regulatory Requirements (RRs) are applicable regardless of CEQA and would apply to any project under similar circumstances and, therefore, do not constitute mitigation measures.
However, they will nonetheless be included in the Project's Mitigation Monitoring and Reporting Program to ensure the implementation of the mandated RRs.
RR 18-1
Inadvertent Discovery of Human Remains. Should human remains and/or cremations be encountered on the surface or during any and all ground -disturbing activities (i.e., clearing, grubbing, tree and bush removal, grading, trenching, fence post placement and removal, construction excavation, excavation for all water supply, electrical, and irrigation lines, and landscaping phases of any kind), work in the immediate vicinity of the discovery shall immediately stop within a 100 -foot perimeter of the discovery. The area shall be protected; project personnel/observers will be restricted. The County Coroner is to be contacted within 24 hours of discovery. The County Coroner has 48 hours to make his/her determination pursuant to State and Safety Code Section 7050.5 and Public Resources Code Section 5097.98.
In the event that the human remains and/or cremations are identified as Native American, the Coroner shall notify the Native American Heritage Commission within 24 hours of determination pursuant to subdivision (c) of Health and Safety Code Section 7050.5.
The Native American Heritage Commission shall immediately notify the person or persons it believes to be the Most Likely Descendant (MLD). The MLD has 48 hours, upon being granted access to the Project site, to inspect the site of discovery and make his/her recommendation for final treatment and disposition, with appropriate dignity, of the remains and all associated grave goods pursuant to Public Resources Code Section 5097.98
Unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. Pursuant to the specific exemption set forth in California Government Code Section 6254(r), the Beaumont Pointe Specific Plan Project
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sheriff -coroner, parties, and lead agencies will be asked to withhold public disclosure information related to such reburial.
4.4.2 THRESHOLD A
Impact Statement: The Project has the potential to 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 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. ❑ Findings
Potential impacts of the Project related to Threshold a are discussed in detail in Section 4.18.7 of the DEIR. The NAHC SLF search did not indicate the presence of any sacred sites or locations of religious or ceremonial importance within the search radius. Additionally, all previously recorded cultural resources were evaluated as not significant and ineligible for listing on the CRHR. There are no significant historical resources pursuant to Section 15064.5 located within the Project site. Although no tribal cultural resources are known to occur within the Project's impact limits, implementation of the Project has the potential to cause a substantial adverse change in the significance of tribal cultural resources that may be buried beneath the site's surface or in on -site vegetation. The Project is required to comply with Mitigation Measures MM 4.5-1 and 4.5-2 set forth in Section 4.2, above, and which ensure the proper identification and subsequent treatment of any significant resources that may be encountered during ground -disturbing activities associated with implementation of the Project. These mitigation measures would reduce impacts to less than significant. The City has determined that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the DEIR. ❑ Substantial Evidence
As discussed in Phase I and Phase II Cultural Resources Assessment (DEIR Technical Appendix D), BFSA requested a review of the Sacred Lands Files (SLF) by the NAHC in March of 2019 to determine if any recorded Native American sacred sites or locations of religious or ceremonial importance are present within one mile of the project. The NAHC SLF search did not indicate the presence of any sacred sites or locations of religious or ceremonial importance within the search radius.
Additionally, all previously recorded cultural resources were evaluated as not significant and ineligible for listing on the CRHR and NRHP. There are no significant historical resources pursuant to Section 15064.5 located within the Project site. However, because multiple resources have been identified on Beaumont Pointe Specific Plan Project
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the Project site, and due to heavy vegetation during the survey, there remains the potential that previously unobserved resources may exist.
Native American Consultation
The City sent notification to the Native American tribes with traditional or cultural affiliation to the area that previously requested consultation pursuant to AB 52 and SB 18 requirements.
Of the 10 tribes that were sent notifications letters, three requested government -to -government consultation: Agua Caliente Band of Cahuilla Indians, Morongo Band of Mission Indians, and Soboba Band of Mission Indians. In a letter dated December 15, 2020, the Augustine Band of Cahuilla Mission Indians stated that they were unaware of specific cultural resources that may be affected by the Project but would like to be notified in the event cultural resources are discovered during development.
The City submitted the Phase I and Phase II Cultural Resources Assessment (Technical Appendix D) to three tribes that requested consultation and conducted telephone consultations with Agua Caliente Band of Cahuilla Indians on March 2, 2021 and Morongo Band of Mission Indians on February 2, 2021. The Agua Caliente Band of Cahuilla Indians and Morongo Band of Missions Indians requested revisions to the cultural resources assessment and mitigation, which were incorporated into Technical Appendix D. To date the Soboba Band of Mission Indians have not responded to schedule consultation.
Based on information provided in DEIR Section 4.5, Cultural Resources, and consultation with Native American tribes, there is potential that buried tribal cultural resources could be encountered during ground -disturbing activities. Accordingly, there is a potential for significant impacts to occur during grading. (DEIR, pp. 4.18-13 to 4.18-14)
Refer to Mitigation Measures MM 4.5-1 and MM 4.5-2, in Section 4.2, above which address archeological resources. Implementation of Mitigation Measures MM 4.5-1 and MM 4.5-2, would ensure that grading and other ground -disturbing activities during construction are monitored by a qualified archaeologist as well as Native American monitors. The mitigation measures further require the proper treatment of any resources that may be uncovered, and the avoidance of disturbance in areas where potential resources are uncovered. With implementation of the required mitigation measures, the Project would not 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 potential Project and cumulative impacts would be reduced to less than significant levels. (DEIR, p. 4.18-15)
4.4.3 CUMULATIVE IMPACT
Impact Statement: The Project has the potential to result in cumulative impacts to tribal cultural resources.
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❑ Finding
Potential cumulative impacts of the Project related to tribal cultural resources are discussed in detail in Section 4.18.8 of the DEIR. Although no tribal cultural resources are known to occur within the Project's impact limits, implementation of the Project has the potential cause a substantial adverse change in the significance of tribal cultural resources that may be buried beneath the site's surface or in on -site vegetation. The Project is required to comply with Mitigation Measures MM 4.5-1 and 4.5- 2, which would reduce impacts to less than significant. The City has determined that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the DEIR. ❑ Substantial Evidence
This cumulative impact analysis considers development of the Project in conjunction with other development projects and planned development projects in the vicinity of the Project site that are in the western area of Riverside County and the traditional use of the Agua Caliente Band of Cahuilla Indians, Morongo Band of Mission Indians, Torres -Martinez Desert Cahuilla Indians, Santa Rosa band of Cahuilla Indians, Ramona band of Cahuilla Indians, Cabazon Band of Mission Indians, Soboba Band of Mission Indians, Cahuilla Band of Indians, Los Coyotes Band of Cahuilla and Cupeno Indians, and Augustine Band of Cahuilla Mission Indians.
As noted previously, the City conducted Native American consultation with potentially culturally affiliated tribes, as required by AB 52 and SB 18. Although other development projects in the traditional use area for the above listed culturally affiliated tribes may impact significant tribal cultural resources, impacts are generally site -specific resulting from ground disturbing activities; however, discovery of resources could contribute knowledge regarding other resources farther away from the Project site. Therefore, cumulative impacts to tribal cultural resources have the potential to occur.
However, with implementation of Mitigation Measure 4.5-1, Project impacts to tribal cultural resources would be less than significant. Other projects will also be required to comply with all applicable existing statutes, regulations, procedures, and policies that address tribal cultural resources, including consultation under SB 18 and/or AB 52. Other development projects will also implement mitigation measures similar to Mitigation Measures MM 4.5-1 and MM 4.5-2 to ensure impacts to tribal cultural resources are fully mitigated to a less than significant level. With implementation of Mitigation Measures MM 4.5-1 and 4.5-2, the Project would not to contribute towards a significant cumulative impact associated with the significance of a tribal cultural resource or a collection of resources pursuant to CEQA Guidelines Section 15064.5. Therefore, with mitigation, the Project would not result in a significant cumulative impact related to tribal cultural resources. (DEIR, po. 4.18-14 to
4.18-15)
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5.0 ENVIRONMENTAL IMPACTS THAT REMAIN SIGNIFICANT AND UNAVOIDABLE
AFTER MITIGATION
The City finds the project would result in significant and unavoidable impacts in the following impact categories after implementation of all feasible mitigation measures: Air Quality, Greenhouse Gas Emissions, Noise, and Transportation. In accordance with CEQA Guidelines Section 15092(b)(2), The City cannot approve the project unless it first finds (1) under Public Resources Code Section 21081(a)(3), and CEQA Guidelines Section 15091(a)(3), that specific economic, legal, social technological, or other considerations, including provisions of employment opportunities to highly trained workers, make infeasible the mitigation measures or project alternatives identified in the EIR; and (2) under CEQA Guidelines Section 15092(b), that the remaining significant effects are acceptable under CEQA Guidelines Section 15093 because the economic, legal, social, technological or other benefits of the proposed project outweigh its unavoidable adverse environmental effects. Therefore, a statement of overriding considerations has been prepared (see Section 9.0, herein).
5.1 AIR QUALITY
5.1.1 THRESHOLD A
Impact Statement: The Project would conflict with or obstruct implementation of the applicable air quality plan.
❑ Findings
Potential impacts of the Project related to Threshold a are discussed in detail in Section 4.3.6 of the DEIR. The Project would be inconsistent with South Coast AQMD Air Quality Management Plan (AQMP) because 1) will would exceed regional significance thresholds, resulting in NAAQS and CAAQS violations; and 2) would exceed the assumptions in the AQMP based on the years of project buildout phase. Specifically, the Project would exceed regional thresholds of significance for NOx during construction and for NOx, CO, PM10, and PM2.5 during operation even after mitigation. The Project's regional exceedance for VOCs during construction would be mitigated to less than significant level with the implementation of Mitigation Measure MM 4.3-1. Further, The Project would require a General Plan Amendment and therefore is inconsistent with the land use assumptions on which the AQMP was based and is conservatively assumed to generate operational source emissions not accounted for in the AQMP. As such, the Project is considered to be inconsistent with the AQMP and significant impacts would occur.
The Project is required to comply with Mitigation Measures MM 4.3-1 through 4.3-17, which includes all feasible mitigation measures recommended in the FEIR and would reduce impacts related to NOx, CO, PM10, and PM2.5 emissions during both construction and operation to the extent feasible. The implementation of mitigation measures, the Project's emissions -reducing design features and operational programs, including but not limited to South Coast AQMD Rule 2305 (WAIRE) are consistent with and support overarching AQMP air pollution reduction strategies. Project support of these strategies would globally promote timely attainment of AQMP air quality standards and would bring the Project into conformance with the AQMP to the extent feasible. However, impacts would Beaumont Pointe Specific Plan Project
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remain significant and unavoidable. The City finds that the above mitigation measures are feasible, are adopted, and will reduce air quality impacts attributable to the proposed Project.
Several mitigation measures were recommended by commenters on the DEIR. These measures were evaluated in the FEIR and were: 1) already required through regulatory requirements, project design features, or mitigation; 2) added as mitigation and included, herein; or 3) determined to be infeasible.
For example, due to the reasons described under "Substantial Evidence below, the requirement that all heavy-duty vehicles must be zero emission was found to be economically and technologically infeasible because they are not commercially available for the foreseeable future. Additionally, regulations that control heavy-duty truck emissions are the responsibility of the State and outside of the responsibility and control of the City. Therefore, pursuant to Section 21081(a)(3) of the California Public Resources Code, control of tailpipe emissions are within the responsibility and jurisdiction of another public agency and have been adopted by that other agency. See FEIR, Response to Comments B-34 through B-63 and D-4 through D-29.
Pursuant to Section 21081(a)(3) of the California Public Resources Code, as described below, the City has determined that specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or alternatives identified in the EIR. ❑ Substantial Evidence
The South Coast AQMD's 2016 AQMP is the applicable air quality plan for the Project area, which estimates long-term air quality conditions for the SCAB. The 2016 AQMP continues to evaluate current integrated strategies and control measures to meet the NAAQS, as well as explore new and innovative methods to reach its goals. Some of these approaches include utilizing incentive programs, recognizing existing co -benefit programs from other sectors, and developing a strategy with fair -share reductions at the federal, state, and local levels. The 2016 AQMP incorporates scientific and technological information and planning assumptions, including the 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy (2016-2040 RTP/SCS), a planning document that supports the integration of land use and transportation to help the region meet the federal CAA requirements.
Criteria for determining consistency with the AQMP are defined in Chapter 12, Section 12.2 and Section 12.3 of the 1993 CEQA Handbook. These indicators are discussed below:
• Consistency Criterion No. 1: The proposed project will not result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations or delay the timely attainment of air quality standards or the interim emissions reductions specified in the AQMP.
Consistency Criterion No. 1 refers to violations of the CAAQS and NAAQS. CAAQS and NAAQS, or violations would occur if LSTs or regional significance thresholds are exceeded. The Project's localized construction -source emissions would not exceed applicable LST thresholds. However, the Project's regional construction -source emissions would exceed the applicable regional thresholds for Beaumont Pointe Specific Plan Project
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emissions of VOCs and NOx. As such, the the Project has the potential to result in a significant impact with respect to this criterion and the Project would have the potential to conflict with the AQMP according to this criterion, and could be potentially significant.
The Project would not exceed the LST thresholds for operational activity. However, the regional operational -source emissions are anticipated to exceed the regional thresholds of significance for NOx, VOC, CO, PM10, and PM2.5 emissions and would not be reduced to less than significant with imposition of mitigation measures. As such, the Project has the potential to result in a significant impact with respect to this criterion and the Project would have the potential to conflict with the AQMP according to this criterion.
Based on the preceding, the Project is determined to be inconsistent with the first criterion and impacts would be potentially significant.
• Consistency Criterion No. 2: The Project will not exceed the assumptions in the AQMP based on the years of project build -out phase.
The 2016AQMP demonstrates that the applicable ambient air quality standards can be achieved within the timeframes required under federal law. Growth projections from local general plans adopted by cities in the district are provided to the SCAG, which develops regional growth forecasts, which are then used to develop future air quality forecasts for the AQMP. Development consistent with the growth projections in City's General Plan is considered to be consistent with the AQMP.
Peak day emissions generated by construction activities are largely independent of land use assignments, but rather are a function of development scope and maximum area of disturbance.
Irrespective of the site's land use designation, development of the site to its maximum potential would likely occur, with disturbance of the entire site occurring during construction activities. As such, since the Project would exceed applicable NOx regional emissions thresholds during construction activity, a significant impact would result.
The Project is proposed to consist of a maximum of 246,000 sf of general commercial uses in addition to a 125 -room hotel 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 open space — conservation area would be preserved as natural habitat as required by the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). 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.
Implementation of the Project would require approval of a General Plan Amendment. The General Plan Amendment would re -designate approximately 539.9 acres from "Rural Residential" to "General Commercial" (30.2 -acres), "Industrial" (232.6 -acres), "Open Space" (124.7 -acres), and "Open Space — Conservation." (152.4 -acres). Permitted uses within the "General Commercial" land use will include Beaumont Pointe Specific Plan Project
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a wide range of recreation and entertainment, retail, restaurant, hotel, service -oriented land uses, and self -storage. Examples of recreation and entertainment uses may include indoor and/or outdoor go kart racing, rock climbing, trampoline park, bowling alley, and miniature golf. Allowable uses within the "Industrial" land use designation primarily include high -cube warehousing (warehouse/distribution center for the receipt, storage, cold storage and distribution of goods, products, supplies) and general light industrial. Other uses also permitted include but are not limited to manufacturing, distribution warehouses, e -commerce fulfillment, research services and laboratories, repair services, and various indoor recreational uses. Lastly, areas designated for "Open Space" uses would include landscaped, manufactured slopes, fuel modification areas, project signage, as well as the natural slopes which form a buffer between the Specific Plan's developed areas and the "Open Space — Conservation." Accordingly, the 2016 AQMP does not reflect the proposed land use designation for the Project site.
For this reason, there is the potential for the Project to exceed air quality impact assumptions in the AQMP or increments based on the years of Project build -out phase. Consequently, the development of the Project is conservatively assumed to generate operational -source emissions not reflected within the current 2016 AQMP regional emissions inventory for the SCAB (Urban Crossroads, 2022a, pp. 68- 69).
Based on the preceding, the Project is determined to be inconsistent with the second criterion and impacts would be potentially significant. (DEIR pp. 4.3-36 to 4.3-38) The Project would be required to implement the following mitigation measures, as provided in DEIR Section 4.3.9, Mitigation, and updated in DEIR Section 3.0, Clarifications and Revisions:
MM 4.3-1
MM 4.3-2
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.
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 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 Beaumont Pointe Specific Plan Project
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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
MM 4.3-4
MM 4.3-5
MM 4.3-6
All on -site outdoor cargo -handling equipment (including yard trucks, hostlers, yard goats, pallet jacks, forklifts, and other on -site equipment) shall be electric or non -diesel fueled. All on -site indoor forklifts shall be powered by electricity.
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 three (3) 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.
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 and other Programs promulgated by South Coast AQMD (which can be found at the SCAQMD Incentives & Programs landing page,
http://www.aqmd.gov/home/programs) that provide incentives for using cleaner -than - required engines and equipment.
Prior to issuance of occupancy permits for the industrial/warehouse buildings, the Project operator shall prepare and submit a 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.
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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.
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.
MM 4.3-7
MM 4.3-8
MM 4.3-9
MM 4.3-10
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.
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.
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.
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 Department shall verify electrification of the designated truck/dock bays.
All landscaping equipment (e.g., leaf blower) used for property management shall be electric powered only. The property manager/facility owner shall provide documentation (e.g., purchase, rental, and/or services agreement) to the Planning Beaumont Pointe Specific Plan Project
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Department 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 Department 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.
MM 4.3-13
MM 4.3-14
Plans submitted for grading permit issuance and building permit issuance shall specify a designated area of the construction site where electric or non -diesel vehicles, equipment, and tools can be fueled or charged. The provision of temporary electric infrastructure for such purpose shall be approved by the utility provider, Southern California Edison (SCE). If SCE will not approve the installation of temporary power for this purpose, the establishment of a temporary electric charging area will not be required. If electric equipment will not be used on the construction site because the construction contractor(s) does not have such equipment in its fleet (as specified in Mitigation Measure MM 4.3-14), the establishment of a temporary electric charging area also will not be required. If electric powered equipment is in the contractor(s) equipment fleet, and SCE approval is secured, the temporary charging location is required to be established upon issuance of grading permits and building permits.
If electric or non -diesel off -road trucks and construction support equipment, including but not limited to hand tools, forklifts, aerial lifts, materials lifts, hoists, pressure washers, plate compactors, and air compressors are available in the construction contractor's equipment fleet and can fulfill the Project's construction requirements during the building construction, paving, and architectural coating phases of Project construction, such equipment shall be used during Project construction. This requirement shall be noted on plans submitted for building permit issuance.
MM 4.3-15 Project construction contractors shall maintain records of all off -road diesel construction equipment associated with Project construction to document that each off - road diesel construction equipment used meets emission standards. Records shall be kept on -site for the duration of construction activities and shall be made available for periodic inspection by City of Beaumont staff or their designee.
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MM 4.3-16
MM 4.3-17
During construction activities, the City shall conduct periodic inspections to verify compliance with construction -related mitigation measures pursuant to the Mitigation Monitoring and Reporting Program.
Prior to building final, the Project Applicant or successor in interest shall install signs at each truck exit driveway that provides directional information to the City's truck route. Text on the sign shall read "To Truck Route" with a directional arrow.
As part of the FEIR, the City considered a recommendation to require that all heavy-duty vehicles engaged in drayage to or from the Project site to be zero emission beginning in 2030. However, at present, requiring zero -emission vehicles is economically and technologically infeasible; also, such vehicles are not available on a large enough scale to be relied upon. In a report titled "Transitioning to Zero -Emission Heavy -Duty Freight Vehicles," the International Council on Clean Transportation (ICCT) provides an overview of advancing technologies (ICCT, September 2017). The ICCT reports that although the technology is advancing and although at some point in the distant future non -diesel technology will likely be used in mass to power freight movement, "zero -emission vehicle technologies do present considerable challenges. They have a combination of near- and long-term barriers, issues, and questions that will have to be addressed before they can become widespread replacements for conventional trucks and tractor -trailers that are typically diesel fueled" (ICCT, p. 31). "Tesla's announced battery electric semi -tractor prototype is the only battery electric project we found in our [world-wide] assessment targeting long -haul heavy-duty applications" (ICCT, p. 31). Imposing extensive requirements on the proposed Project related to emerging technology, when the various types of technological advancements and their timeframes for common availability are not known with any certainty, is not a feasible mitigation measure.
Further, South Coast AQMD recently adopted a Warehouse Indirect Source Rule, Rule 2305, in May 2021. Rule 2305 applies to warehouse operators and owners of warehouses greater than or equal to 100,000 square feet of indoor floor space within a single building that may be used for warehousing activities. As discussed in Section 4.3, Air Quality, of the DEIR, the Project would be subject to compliance with Rule 2305 (refer to Pages 4.3-22 and 4.3-23). Because compliance will be implemented by lessees, the specific measures that will be implemented to comply with Rule 2305 are not known at this time, although they potentially would include use of electric of heavy duty trucks.
Mitigation Measure 4.3-12 requires the City's Planning Department to confirm that tenant lease agreements requiring 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. Compliance with Rule 2305 would reduce air quality effects associated with the warehouse industry, including the Project, throughout the air basin, although quantification of such reductions is not feasible at this time.
The Project would be inconsistent with AQMP Criterion No. 1 and 2, resulting in a potentially impact significant. The Project would implement development -specific air quality mitigation measures (Mitigation Measures MM 4.3-1 through 4.3-17), to reduce the Project's construction -source and operational -source air pollutant emissions. A detailed explanation of why Mitigation Measures MM
4.3-1 through 4.3-17 would not reduce Project emissions to less than significant is provided in Section
5.1.2, "Substantial Evidence," below (see also DEIR pp. 4.3-54 to 4.3-58). Additionally, incorporation Beaumont Pointe Specific Plan Project
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of contemporary energy -efficient technologies and operational programs, and compliance with South Coast AQMD emissions reductions and control requirements would reduce Project air pollutant emissions. The implementation of mitigation measures, Project's emissions -reducing design features, and operational programs are consistent with and support overarching AQMP air pollution reduction strategies. Project support of these strategies would globally promote timely attainment of AQMP air quality standards and would bring the Project into conformance with the AQMP to the extent feasible.
However, impacts would remain significant and unavoidable. (DEIR pp. 4.3-50 to 4.3-54)
5.1.2 THRESHOLD B
Impact Statement: The Project would 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.
❑ Findings
Air pollution by nature is largely a cumulative impact. The nonattainment status of regional pollutants is a result of past and present development, and the South Coast AQMD develops and implements plans for future attainment of ambient air quality standards. Based on these considerations, project - level thresholds of significance for criteria pollutants are used by the South Coast AQMD to determine whether a project's individual emissions would have a cumulatively significant impact on air quality.
The potential for the project to result in a cumulatively considerable impact, specifically a cumulatively considerable new increase of any criteria pollutant for which the project region is nonattainment under an applicable NAAQS and/or CAAQS is potentially significant. Potential impacts of the Project related to Threshold b are discussed in detail in Section 4.3.6 of the DEIR. The Project -specific evaluation of emissions demonstrates that Project construction -source and operation -source air pollutant emissions would result in exceedances of regional thresholds for criteria pollutants VOCs, NOx, CO, PM10, and PM2.5 for which the project region is in non -attainment for ozone and particulate matter. Therefore, Project impacts would be significant on a project -specific and cumulative basis for those emissions.
The Project is required to comply with Mitigation Measures MM 4.3-1 through 4.3-17, which would reduce impacts to the extent feasible. Even with the Project's compliance with applicable rules, and the imposition of all feasible mitigation measures, the Project's construction NOx and operational VOC, NOx, CO, PM10, and PM2.5 emissions would exceed South Coast AQMP regional thresholds of significance.
Several mitigation measures were recommended by commenters on the DEIR. These measures were evaluated in the FEIR and were: 1) already required through regulatory requirements, project design features, or mitigation; 2) added as mitigation and included, herein; or 3) determined to be infeasible.
For example, due to the reasons described under Section 5.1.1 "Substantial Evidence" above, the requirement that all heavy-duty vehicles must be zero emission was found to be economically and technologically infeasible because they are not commercially available for the foreseeable future.
Additionally, regulations that control heavy-duty truck emissions are the responsibility of the State and outside of the responsibility and control of the City. Therefore, pursuant to Section 21081(a)(3) of the California Public Resources Code, control of tailpipe emissions are within the responsibility and Beaumont Pointe Specific Plan Project
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jurisdiction of another public agency and have been adopted by that other agency. See FEIR, Response to Comments B-34 through B-63 and D-4 through D-29.
As such, Project impacts are considered significant and unavoidable. The City finds that the above mitigation measures are feasible, are adopted, and will reduce air quality impacts attributable to the proposed Project to the extent feasible. Pursuant to Section 21081(a)(3) of the California Public Resources Code, as described below, the City has determined that specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or alternatives identified in the EIR.
❑ Substantial Evidence
Construction
Construction is expected to occur over a 56 -month period. The Project consists of grading (including blasting) of the Project site, construction of the proposed buildings, and eventual operation of the completed proposed buildings. South Coast AQMD Rules that are currently applicable during construction activity for this Project include but are not limited to Rule 403 (Fugitive Dust) and Rule 1113 (Architectural Coatings).
DEIR Table 4.3-6, Maximum Daily Peak Construction Emission Summary, shows that estimated maximum daily construction emissions without mitigation resulting from Project construction will exceed criteria pollutant thresholds established by the South Coast AQMD for VOC and NOx during construction activity. Therefore, impacts would be potentially significant.
After application of regulatory controls such as Rule 403, the Project construction -source emissions would exceed South Coast AQMD regional thresholds for VOC and NOx emissions prior to mitigation.
With the implementation of Mitigation Measure MM 4.3-1 (see above), however, Project construction - source emissions of VOCs would be reduced to less than significant levels. Even after implementation of Mitigation Measure MM 4.3-2, NOx emissions would still exceed applicable South Coast AQMD thresholds.
With respect to NOx, based on discussions with contractors regarding availability of equipment in Riverside County, it is anticipated due to the size of the Project that there may be a lack of availability of sufficient Tier 4 equipment for construction of the Project. Accordingly, notwithstanding Mitigation Measure MM 4.3-2 which requires use of Tier 4 equipment to the extent feasible, to evaluate the effect of mitigation on NOx impacts from construction, it is conservatively assumed that 50% all off -road diesel construction equipment used for project construction would be available to comply with Environmental Protection Agency (EPA)/California Air Resources Board (CARB) Tier 4 off -road emissions standards or equivalent and the remaining 50% with Tier 3 off -road emissions standards.
Applying these assumptions, after implementation of Mitigation Measure MM 4.3-2, Project construction -source emissions with respect to NOx is considered significant and unavoidable. (DEIR pp. 4.3-38 to 4.3-39, 4.3-54)
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Operation
Operational activities for summer and winter scenarios are presented in DEIR Table 4.3-7, Summary of Peak Operation Emissions. During Phase 1, the Project would exceed the numerical thresholds of significance established by the South Coast AQMD for emissions of NOx. During Phase 2, the Project will exceed the thresholds of significance for emissions of VOC, NOx, PM10, and PM2.5. During Phase 3, the Project would exceed the numerical thresholds of significance for emissions of VOC, NOx, PM10, and PM2.5. Therefore, impacts would be potentially significant.
The Project would exceed regional thresholds of significance established by the South Coast AQMD for emissions of CO, VOC, NOx, PM10, and PM2.5. During Phase 1, the Project would exceed the numerical thresholds of significance established by the South Coast AQMD for emissions of NOx.
During Phase 2, the Project will exceed the thresholds of significance for emissions of VOC, NOx, PM10, and PM2.5. During Phase 3, the Project would exceed the numerical thresholds of significance for emissions of VOC, NOx, CO, PM10, and PM2.5. (DEIR pp. 4.3-39 to 4.3-41) Even with the Project's compliance with applicable rules, and the imposition of all feasible mitigation measures identified above (see MM 4.3-3 through MM 4.3-17), the Project's operational NOx, CO, PM10, and PM2.5 emissions would exceed the applicable regional thresholds of significance. As such, Project operational -source NOx, CO, PM10, and PM2.5 emissions are considered significant and unavoidable.
It should be noted that, approximately 91% of the Project's NOx emissions, 93% of the Project's CO emissions, 99% of the Project's PM10 emissions, and 97% of the Project's PM2.5 emissions are derived from vehicle usage which cannot be directly regulated by the City. Neither the Project Applicant nor the Lead Agency can substantively or materially affect reductions in project -related vehicular source emissions beyond the regulatory requirements, and mitigation measures identified herein. While there are no feasible mitigation measures that would reduce vehicular emissions, as discussed in the mitigation measures section above, the Project will install electric vehicle supply equipment in accordance with California Building Code which will allow charging stations to be supplied based on demand. Charging stations could lead to less use of gasoline -burning automobiles over time as more electric vehicles and trucks come into usage, and thus, would result in less air pollutant emissions.
Additionally, the Project would be required to implement on -site renewable energy to offset 20% of the expected energy demand for the commercial and industrial land uses as required by compliance with the County of Riverside's Climate Action Plan (CAP). Hence, overall, there are no additional feasible mitigations that would reduce emissions consistent with the 2015 Air Quality Attainment Plan, and this impact is considered significant and unavoidable.
The majority of the Project's NOx and PM10, and PM2.5 emissions are derived from are from the transportation sector, and vast majority of the project's emissions are associated with emissions generated by trucks. In general, the state strategy for the transportation sector for medium and heavy- duty trucks is focused on making trucks more efficient and expediting truck turnover and eventually utilizing electric trucks as they become available rather than reducing VMT from trucks. This is in contrast to the passenger vehicle component of the transportation sector where both per -capita VMT Beaumont Pointe Specific Plan Project
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reductions and an increase in vehicle efficiency and electric vehicle usage are forecasted to be needed to achieve the overall state emissions reductions goals. Regulating tailpipe emissions is beyond the scope of the Project Applicant or the City and no feasible mitigation measures exist that would reduce these emissions to levels that are less -than -significant.
The Project would also be required to be consistent with the provisions of interior and exterior bicycle storage as a sustainable design strategy consistent with CALGreen. Furthermore, the Project would install 60 electric vehicles (EV) charging stations and clean air/vanpool parking stalls at the Project site, which would contribute to and support the use of more EVs and ridesharing and consequently reduce air quality emissions associated with passenger vehicle travel.
Emissions associated with heavy duty trucks involved in goods movements are generally controlled on the technology side and through fleet turnover of older trucks and engines to newer and cleaner trucks and engines. The first battery -electric heavy -heavy duty trucks are being tested this year and South Coast AQMD is looking to integrate this new technology into large-scale truck operations. The following state strategies would reduce air quality emissions and GHG emissions from the medium and heavy-duty trucks when implemented:
• CARB's Mobile Source Strategy focuses on reducing emissions through the transition to zero and low emission vehicles and from medium -duty and heavy-duty trucks. • CARB's Sustainable Freight Action Plan establishes a goal to improve freight efficiency by 25% by 2030, deploy over 100,000 freight vehicles and equipment capable of zero emission operation and maximize both zero and near -zero emission freight vehicles and equipment powered by renewable energy by 2030.
• CARB's Emissions Reduction Plan for Ports and Goods Movement (Goods Movement Plan) in California focuses on reducing heavy-duty truck -related emissions focus on establishment of emissions standards for trucks, fleet turnover, truck retrofits, and restriction on truck idling.
While the focus of Goods Movement Plan is to reduce criteria air pollutant and air toxic emissions, the strategies to reduce these pollutants would also generally have a beneficial effect in reducing GHG emissions.
In addition, the US EPA, CARB, and South Coast AQMD are currently in the rule development processes for the following strategies:
• US EPA Cleaner Truck Initiative: In response to a petition from SCQMD, the US EPA has committed to updating its truck engine standard to reduce NOx emissions. • CARB's Transport Refrigeration Unit Regulation. Measure to reduce residual risk from TRUs by transitioning to zero -emission technologies.
• CARB's Advanced Clean Truck Rule: Requires truck manufacturers to sell an increasing percentage of zero -emission trucks by 2030 (up to 15% or 50%, depending on truck type).
Also, this proposed rule would require one-time fleet reporting for large businesses.
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• CARB's Zero -Emission Fleet Rule: Would require some fleets to transition to zero -emissions. • CARB's Heavy -Duty Low NOx Program: Would set new statewide engine standards, test cycles, and warranty and durability requirements to reduce NOx from trucks. • CARB's Heavy -Duty Inspection/Maintenance Program: Would set new inspection and maintenance requirements to ensure emissions controls are functioning properly. • South Coast AQMD's Warehouse Indirect Source Review (ISR): South Coast AQMD adopted an ISR rule for warehouse distribution centers 100,000 square feet and larger. The Warehouse ISR requires warehouse projects to implement facility -based measures or pay a fee that would reduce local air quality emissions.
These strategies would contribute to reducing heavy duty truck emissions associated with the Project over time. The Project would not conflict with these strategies. Trucks on site are required to comply with CARB's Heavy -Duty (Tractor -Trailer) GHG Regulation, currently in effect, which requires SmartWay tractor trailers that include idle -reduction technologies, aerodynamic technologies, and low - rolling resistant tires that would reduce fuel consumption and associated emissions.
Additionally, the Project applicant proposes the Project Design Features (PDFs) 8-1 through PDF 8-5 and Mitigation Measure MM 4.8-1 that would be incorporated into the Project design and constructed or implemented as part of the Project. PDFs are specific design and/or operational characteristics proposed by the Project Applicant that are incorporated into the Project. These measures are all designed to reduce GHG emissions attributable to the Project. Although not quantifiable, some of these measures will have a co -benefit of reducing air quality emissions. Therefore, the emissions summary shown in DEIR Table 4.3-7 is a conservative forecast of air quality emissions and the Project is likely to be less than the total shown in DEIR Table 4.3-7 above.
Despite the design features and mitigation measures provided by the Project and the anticipated regulations implemented by the US EPA and CARB to improve truck efficiency, the estimated long- term emissions generated under full buildout of the Project would exceed the South Coast AQMD's regional operational significance thresholds and would cumulatively contribute to the nonattainment designations in the SCAB. In addition, regarding VOC, it is important to note that the majority of on - site operational VOC emissions are derived from consumer products. For analytical purposes, consumer products include cleaning supplies, aerosols, and other consumer products. As such, the Project Applicant cannot meaningfully control the use of consumer products by future building users via mitigation. On this basis, it is concluded that Project operational -source VOC emissions cannot be definitively reduced below applicable South Coast AQMD thresholds and are considered significant and unavoidable. Therefore, the Project would result in a significant and unavoidable impact. (DEIR pp. 4.3-51 to 4.3-58)
5.1 .3 CUMULATIVE IMPACTS
Impact Statement: 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.
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❑ Finding
Potential cumulative impacts of the Project related to air quality are discussed in detail in Section 4.3.7 of the DEIR. The Project would result in and cause NAAQS or CAAQS violations due to exceedance of regional thresholds for which the regional is in nonattainment for ozone and particulate matter. The Project would require a General Plan Amendment. Furthermore, the Project would exceed applicable regional thresholds for VOC, NOx, CO, PM10, and PM2.5, on a project- and cumulative level, see section 5.1.2, above. As such, the Project is considered to be inconsistent with the AQMP and a significant impact would occur. The Project is required to comply with Mitigation Measures MM 4.3- 1 through 4.3-17, which would reduce impacts to the extent feasible. The implementation of mitigation measures, the Project's emissions -reducing design features and operational programs are consistent with and support overarching AQMP air pollution reduction strategies. Project support of these strategies would globally promote timely attainment of AQMP air quality standards and would bring the Project into conformance with the AQMP to the extent feasible. However, impacts would remain significant and unavoidable. The City finds that the above mitigation measures are feasible, are adopted, and will reduce air quality impacts attributable to the proposed Project.
Several mitigation measures were recommended by commenters on the DEIR. These measures were evaluated in the FEIR and were: 1) already required through regulatory requirements, project design features, or mitigation; 2) added as mitigation and included, herein; or 3) determined to be infeasible.
For example, due to the reasons described under Section 5.1.1 "Substantial Evidence" above, the requirement that all heavy-duty vehicles must be zero emission was found to be economically and technologically infeasible because they are not commercially available for the foreseeable future.
Additionally, regulations that control heavy-duty truck emissions are the responsibility of the State and outside of the responsibility and control of the City. Therefore, pursuant to Section 21081(a)(3) of the California Public Resources Code, control of tailpipe emissions are within the responsibility and jurisdiction of another public agency and have been adopted by that other agency. See FEIR, Response to Comments B-34 through B-63 and D-4 through D-29.
Pursuant to Section 21081(a)(3) of the California Public Resources Code, as described below, the City has determined that specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or alternatives identified in the EIR. ❑ Substantial Evidence
The cumulative study area for air quality includes the City and the SCAB. The SCAB is designated as a nonattainment area for State standards of 03, PM10, and PM2.5. The region is also designated as a nonattainment area for federal standards of 03 and PM2.5. Cumulative growth in population, vehicle use, and industrial activity could inhibit efforts to improve regional air quality and attain the ambient air quality standards. Thus, with exception of odors, the setting for this cumulative analysis consists of the SCAB and associated growth and development anticipated in the air basin. For the issue of odors, the cumulative study area includes the Project site and lands in close proximity to the Project site, as odors diminish rapidly with distance from the source.
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According to South Coast AQMD, projects that exceed the project -specific significance thresholds are considered by the South Coast AQMD to be cumulatively considerable. Conversely, projects that do not exceed the project -specific thresholds are generally not considered to be cumulatively significant.
The Project would exceed the Project -specific regional significance thresholds for VOC, NOx, CO, PM10, and PM2.5 emissions. Therefore, impacts with regard to those thresholds would be cumulatively considerable.
As shown in DEIR Table 4.3-6, Maximum Daily Peak Construction Emission Summary, construction activities associated with the Project would exceed the significance results established by the South Coast AQMD for VOC and NOx. However, as discussed above, with the implementation of Mitigation Measure MM 4.3-1, Project construction -source emissions of VOCs would be reduced to less than significant levels and NOx would remain significant and unavoidable. Accordingly, impacts associated with Project -related construction emissions for NOx would be significant and cumulatively considerable.
As shown in DEIR Table 4.3-7, Summary of Peak Operation Emissions, Project operation -source emissions would exceed the South Coast AQMD regional thresholds of significance for emissions of VOC, NOx, PM10, and PM2.5. Therefore, impacts associated with Project -related operational emissions would be significant and cumulatively considerable. (DEIR pp. 4.3-49 to 4.3-50) As discussed in Sections 5.1.1 and 5.1.2, the Project would implement development -specific air quality mitigation measures (Mitigation Measures MM 4.3-1 through 4.3-17), to reduce the Project's construction -source and operational -source air pollutant emissions. Additionally, incorporation of contemporary energy -efficient technologies and operational programs, and compliance with South Coast AQMD emissions reductions and control requirements would reduce Project air pollutant emissions. However, with implementation of all feasible mitigation measures, Project's emissions - reducing design features, and operational programs, impacts would remain significant and unavoidable. (DEIR pp. 4.3-50 to 4.3-54)
5.2 GREENHOUSE GAS EMISSIONS
5.2.1 PROJECT DESIGN FEATURES
The Project includes the following Project Design Features (PDFs) that serve to reduce the Project's Greenhouse Gas (GHG) impacts. The PDFs will be included in the Project's Mitigation Monitoring and Reporting Program to ensure implementation of the PDFs.
PDF 8-1
Office space within the warehouses shall be insulated with a minimum R-13 value in the walls and R-30 in the attic, and all windows will have a minimum 0.57 U -factor and 0.32 SHGC or greater.
PDF 8-2 All roofs within the Project shall be rated at 0.15 aged solar reflectance and 0.75 thermal emittance or greater.
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PDF 8-3
Occupant sensing lighting that dims to at least 50% when unoccupied shall be installed within the interior areas of warehouses. All interior lighting shall be LED lighting with 40 lumens/watt for 15 watt or less fixtures, 50 lumens/watt for 15-40 watt fixtures, and 60 lumens/watt for all fixtures exceeding 40 watts.
PDF 8-4 Office space heating within warehouses must utilize heat pumps with ducting insulation of R-4.2 or greater.
PDF 8-5 Tenant lease agreements for the Project shall include contractual language restricting trucks and support equipment from nonessential idling longer than 3 minutes while on site in compliance with the City of Beaumont Idling Ordinance.
5.2.2 THRESHOLD A
Impact Statement: The Project would generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment.
❑ Findings
Potential impacts of the Project related to Threshold a are discussed in detail in Section 4.8.7 of the DEIR. Project GHG emissions will result in a total of approximately 63,911.07 MTCO2e per year, which would exceed the 3,000 MTCO2e per year threshold. Therefore, impacts are significant. The Project applicant proposes the Project Design Features (PDFs) 8-1 through PDF 8-5 which are measures all designed to reduce GHG emissions attributable to the Project. Moreover, the Project is required to comply with Mitigation Measures MM 4.3-3 through MM 4.3-17 and MM 4.8-1, which would reduce GHG impacts to the extent feasible. However, even with the implementation of mitigation measures, the Project's GHG emissions are estimated to be approximately 60,638.09 MT CO2e per year and impacts would remain significant and unavoidable. The City finds that the above PDFs and mitigation measures are feasible, are adopted, and will reduce GHG impacts attributable to the proposed Project. There are no additional measures available that would further reduce emissions because the majority of the Project's emissions come from mobile sources which are regulated by the State and not the City of Beaumont.
Several mitigation measures were recommended by commenters on the DEIR. These measures were evaluated in the FEIR and were: 1) already be required through regulatory requirements, project design features, or mitigation; 2) added as mitigation and included, herein; or 3) determined to be infeasible.
For example, due to the reasons described under Section 5.1.1 "Substantial Evidence" above, the requirement that all heavy-duty vehicles must be zero emission was found to be economically and technologically infeasible because they are not commercially available for the foreseeable future.
Additionally, regulations that control heavy-duty truck emissions are the responsibility of the State and outside of the responsibility and control of the City. Therefore, pursuant to Section 21081(a)(3) of the California Public Resources Code, control of tailpipe emissions are within the responsibility and jurisdiction of another public agency and have been adopted by that other agency. See FEIR, Response to Comments B-34 through B-63 and D-4 through D-29.
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As shown in the DEIR, Section 4.8, Greenhouse Gas Emissions, the Project requires compliance with a variety of GHG reduction measures. Mitigation Measure MM 4.8-1 requires that the Project provide documentation during the plan check process demonstrating that the Project will implement measures identified in DEIR Table 4.8-6, which were obtained from the Riverside County Greenhouse Gas Emissions Screening Table or that the Project achieves equivalent emission reductions from other measures approved by the City. Implementing these mitigation measures is required to be verified by the City prior to the issuance of the final Certificate of Occupancy. The Project as described in the FEIR identified a minimum requirement of 581 points under the County of Riverside Climate Action Plan (CAP; DEIR p. 4.8-38). The FEIR and underlying technical GHG emissions quantification is conservative and did not take credit for emissions reductions that would occur associated with the Project Design Features (PDFs) and Mitigation Measures (MMs) specified in the FEIR, including, but not limited to:
• Installation of electric vehicle (EV) passenger vehicle charging stations (Table 4.8-6 & MM 4.8- 1)
• Installation of conduit in tractor trailer parking areas to accommodate installation of EV truck charging stations and to supply power to trailers with transport refrigeration units (TRUs) during the loading/unloading of refrigerated goods and a sufficiently sized electrical room for additional panels (MMs 4.3-7 and 4.3-8)
• On -site idling of no more than three minutes per idling event (MM 4.3-4 & PDF 8-3) • Electrification of truck bays serving refrigerated trucks (MM 4.3-9) • Funding for Zero Emission (ZE) and Near Zero Emission (NZE) vans or trucks by providing a $1 per square foot lease credit to industrial tenants who purchase ZE or NZE vehicles (MM 4.3-12) In addition, the Project Applicant added the following project design features and measures:
• The industrial portion of the Project will meet LEED-ready requirements. • Natural gas will be prohibited in the industrial buildings, • New recycling measures
• An increase in the number of EV charging stations for passenger cars from 60 to 175 as required by the updated CalGreen Building Code requirements.
At the time the DEIR was prepared, only four mitigation measures (MM 4.3-10, MM 4.8-1, MM 4.3- 6, and MM 4.8-1) were quantified to provide a conservative analysis of emissions reductions for Air Quality and Greenhouse Gas emissions. The Air Quality & Greenhouse Gas Evaluation (see Attachment A of the Supplemental CEQA Memorandum) provides additional quantification of emissions reductions from project design features and mitigation measures described in the EIR but not quantified and from quantification of the new measures, which together would further reduce GHG emissions by 7,233.29 metric tons annually. In total, the Project would reduce GHG emissions by 10,506.27 metric tons annually. However, the Project would result in a total of approximately 53,404.80 MTCO2e per year and continue to result in a significant and unavoidable impact. The new measures further reduce impacts and do not result in a new significant environmental impact or substantial increase in severity of an environmental impact. Therefore, this does not represent significant new information as defined in Section 15088.5(a) of the State CEQA Guidelines. The new Beaumont Pointe Specific Plan Project
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measures do not change the finding in the Final EIR that there are no additional feasible mitigation measures available that would further reduce emissions because the majority of the Project's emissions come from mobile sources which are regulated by the State and not the City of Beaumont.
To reflect the additional measures added in response to Planning Commission requested modifications, Mitigation Measure MM 4.8-1 has been revised and MM 4.8-2 is proposed to increase the number of points that would be implemented from the Riverside County Greenhouse Gas Emissions Screening Tables and to prohibit natural gas in the industrial and warehouse components of the Project, respectively.
MM 4.8-1
MM 4.8-2
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 measures identified in the Riverside County Greenhouse Gas Emissions Screening Tables, 2019 up to a minimum of 1,850 points. 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.
The Project shall prohibit the use of natural gas in the industrial and warehouse components of the Project within Planning Areas 4 through 8, which shall be verified during plan check.
The revisions quantify reductions from existing measures, add recently adopted regulatory requirements, or make other minor modifications to the EIR that lessen GHG impacts without causing any new environmental impacts. Therefore, criteria for recirculation set forth in Section 15088.5(a) and (b) of the State CEQA Guidelines are not met.
Pursuant to Section 21081(a)(3) of the California Public Resources Code, the City has determined that specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or alternatives identified in the EIR.
❑ Substantial Evidence
For construction phase Project emissions, GHGs are quantified and amortized over 30 years, the economic life of a development project. To amortize the emissions over the life of the Project, the South Coast AQMD recommends calculating the total GHG emissions for the construction activities, dividing it by a 30 -year project life then adding that number to the annual operational phase GHG emissions. As such, construction emissions were amortized over a 30 -year period and added to the annual operational phase GHG emissions (DEIR Table 4.8-3, Amortized Annual Construction Emissions).
The annual GHG emissions associated with the operations of the Project would result in direct and indirect emissions of CO2, CH4, and N20 and would not generate other GHGs of sufficient quantity to affect the analysis, and the focus is on these three GHG emissions. Direct Project -related GHG Beaumont Pointe Specific Plan Project
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emissions include emissions from construction activities, area sources, and mobile sources, while indirect sources include emissions from electricity consumption, water demand, and solid waste generation. Project -related GHG emissions were quantified with Ca1EEMod, which relies upon vehicle trip rates and Project -specific land use data to calculate emissions.
Operational emissions generated by the proposed Project at full buildout (i.e., 2027) are used to indicate the total amount of GHG emissions for on -going operational emissions. Emissions will be generated when Phase 1 and Phase 2 of the Project become operational. Prior to mitigation, Phase 1 GHG emissions will commence when Phase 1 becomes operational and are estimated to be 17,296.43 MT CO2e per year. Phase 1 and Phase 2 combined emissions are estimated to be 58,708.70 MT CO2e per year beginning in 2025 when Phase 2 is completed and becomes operational. The emissions sources from Phase 1 and Phase 2 are the same as for full buildout at Phase 3. The same project design features and individual mitigation measures will be implemented for Phase 1 and Phase 2 operations as each is built and occupied as shown for Phase 3. Because total emissions are lower in Phase 1 and Phase 2 than in total buildout in Phase 3 which becomes operational in 2027, reporting emissions from the Project at full buildout is more conservative since the Project at full buildout would result in more total emissions than either Phase 1 or Phase 2 alone or combined. As such, the analysis conservatively reports emissions totals associated with the Project.
Annual GHG emissions were calculated for operation of the Project under Project Buildout scenario (Year 2027) as shown in DEIR Table 4.8-4, 2027 Project Buildout GHG Emissions. The Project will result in a total of approximately 63,911.07 MTCO2e per year, without mitigation. The Project operational phase emissions are from operation of the proposed land use, off -road equipment used for daily operations, and from Project -related vehicle trips. The primary source of Project -related emissions would be from mobile -source emissions generated from the Project- related mobile source (79%). The next largest sources of emissions would be from energy usage (12%) followed by waste (5%). Project Buildout GHG emissions would exceed the 3,000 MTCO2e per year threshold; therefore, the Project would generate greenhouse gas emissions that may have a significant impact on the environment. Impacts related to GHG emissions are considered significant. (DEIR pp. 4.8-34 to 4.8- 36).
The Project would be required to implement Air Quality Mitigation Measures MM 4.3-3 through MM
4.3-17, listed above which also serve to reduce GHG emissions, and MM 4.8-1 and MM 4.8-2, as follows:
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 measures identified the Riverside County Greenhouse Gas Emissions Screening Tables, 2019 up to a minimum of 1,850 points. 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.
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MM 4.8-2
The Project shall prohibit the use of natural gas in the industrial and warehouse components of the Project within Planning Areas 4 through 8, which shall be verified during plan check.
Mitigation Measures MM 4.3-3 through 4.3-17, MM 4.8-1 and MM 4.8-2 reduce emissions attributable to the proposed project for both air quality and GHG emissions. However, most of the measures cannot be quantified due to some uncertainty of the exact level of use or details needed to provide substantial evidence of reductions. As an example, the Ca1EEMod model does not provide reductions for the 60 EV charging systems and the TDM Program does not have enough detail to quantify at this time.
Therefore, the Project GHG emissions with mitigation is a conservative forecast of GHG emissions.
As shown in DEIR Table 4.8-10, 2027 Project Buildout GHG Emissions with Mitigation, the annual GHG emissions associated with the Project under Project Buildout scenario (Year 2027) with the implementation of mitigation measures are estimated to be approximately 60,638.09 MT CO2e per year, which exceeds the 3,000 MT CO2e per year threshold. At the time the DEIR was prepared, only four mitigation measures (MM 4.3-10, MM 4.8-1, MM 4.3-6, and MM 4.8-1) were quantified to provide a conservative analysis of emissions reductions. With the additional quantification of emissions reductions from project design features and mitigation measures described in the DEIR but not quantified and from quantification of the new measures (industrial portion of the Project will meet LEED-ready requirements, new recycling measures, an increase in number of EV charging stations for passenger cars from 60 to 175 as required by the updated CalGreen Building Code requirements, and MM 4.8-2), the Project would result in a total of approximately 53,404.80 MTCO2e per year and continue to result in a significant and unavoidable impact (Attachment A of the Supplemental CEQA Memorandum).
No additional feasible mitigation measures are available that can reduce impacts to less than significant. The Project incorporates all feasible mitigation measures that could be implemented to further reduce the Project's GHG emissions below the 3,000 MTCO2e threshold. There are no additional measures available that would further reduce emissions because the majority of the Project's emissions come from mobile sources which are regulated by the State and not the City.
The reliance on carbon offsets to reduce either the Project's mobile or non -mobile emissions is also not feasible; there is no local program available at this time that would meet CEQA's criteria for this to be a valid mitigation measure. To reduce emissions, purchased offset credits must be genuine, quantifiable, additional, and verifiable. Even offset credits purchased from CARB-approved offset project registries have been determined to not adequately assure that purchased offset credits accurately and reliably represent actual emissions reductions or cannot guarantee that such reductions are additional to any reduction that would occur under business -as -usual operations and reductions required by law. Such offsets have been determined to not comply with CEQA's definition of a valid mitigation measure. See Golden Door Properties, LLC v. County of San Diego (2020) 50 Ca1.App.5th 467.
The City, as Lead Agency and the entity responsible for enforcing any mitigation measures incorporated into the Project and relied upon to reduce impacts to a less than significant level, has no Beaumont Pointe Specific Plan Project
Facts and Findings and Statement of Overriding Considerations
"ATTACHMENT 1"
enforcement authority over offset credits that fund carbon reduction projects outside of the City. Many offset credits "sell" reductions in emissions generated outside of California, which may not be verifiable. International offsets may also be difficult to verify and guarantee. Notably, CARB does not have enforcement authority over such reductions, let alone the City. Thus, the purchase of offset credits is not a feasible mitigation measure to reduce the emissions impact of the proposed Project and impacts would remain significant and unavoidable. (DEIR pp. 4.8-60 to 4.8-61)
5.2.3 THRESHOLD B
Impact Statement: The Project would conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. ❑ Findings
Potential impacts of the Project related to Threshold b are discussed in detail in Section 4.8.7 of the DEIR. The Project would not conflict with applicable plans, policies, and regulations adopted for the purpose of reducing the emissions of GHG emissions. However, despite plan consistency, the Project's long-term operational GHG emissions would exceed the City's significance threshold of 3,000 MTCO2e per year. As such, 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, MM 4.8-1 and MM 4.8-2, which would reduce impacts to the extent feasible, however, impacts would remain significant and unavoidable. Pursuant to Section 21081(a)(3) of the California Public Resources Code, as described below, the City has determined that specific economic, legal, social, technological, or other considerations make infeasible the alternatives identified in the EIR. ❑ Substantial Evidence
As previously stated, pursuant to 15064.4 of the CEQA Guidelines, a lead agency may rely on qualitative analysis or performance -based standards such as complying with an applicable plan to determine the significance of impacts from GHG emissions. Plans adopted for the purpose of reducing GHG emissions are the City's CAP (Sustainable Beaumont), County of Riverside CAP, SCAG's Connect SoCal, and City and County General Plan policies related to GHG emissions. A consistency analysis with the City's and County of Riverside CAP along with the SCAG's Connect SoCal, City and County General Plan is shown in DEIR Tables 4.8-5 through 4.8-9. As shown in these tables, the Project would not conflict with the City approved Sustainable Beaumont: The City's Roadmap to Greenhouse Gas Reductions in 2015 (which has not been updated), the County of Riverside Climate Action Plan (CAP) (which does not apply to the Project after annexation into the City), SCAG's 2020- 2045 RTP/SCS (Connect SoCal), the Riverside County General Plan policies related to the reduction of GHG emissions (which do not apply to the Project after annexation into the City), and the City's General Plan goals and policies related to reducing GHG emissions. (DEIR pp. 4.8-37 to 4.8-59) A consistency analysis with the City's and County of Riverside CAP along with the SCAG's Connect SoCal, City and County General Plan is also presented below.
City of Beaumont CAP Consistency
Beaumont Pointe Specific Plan Project
Facts and Findings and Statement of Overriding Considerations
"ATTACHMENT 1"
The City approved Sustainable Beaumont: The City's Roadmap to Greenhouse Gas Reductions in 2015, which serves as a long-term plan to achieve sustainability in the City by reducing GHG emissions from existing and future development. Although it has expired, nevertheless, as shown in Table 4.8-5, Applicability of Sustainable Beaumont Goals, the Project would not conflict with the plan's goals.
Accordingly, the Project would have a less than significant impact.
Table 4.8-5 Applicability of Sustainable Beaumont Goals Sustainable Beaumont Goal
Applicability
Goal 1: Increase energy
efficiency in existing residential
units.
Not Applicable. The Project does not include existing residential land uses therefore this goal does not apply.
Goal 2: Increase energy
efficiency in new residential
development.
Not Applicable. The Project does not propose new residential land uses therefore this goal does not apply.
Goal 3: Increase energy
efficiency in existing
commercial units.
Not Applicable. The Project does not include any existing commercial development; therefore, this goal does not apply.
Goal 4: Increase energy
efficiency in new commercial
development.
No Conflict. The Project would comply with applicable provisions of the California Building Energy Efficiency Standards and applicable mitigation measures that would improve energy efficiency.
Goal 5: Increase energy
efficiency through water
efficiency.
No Conflict. The Project will incorporate low flow water fixtures and implement water reducing features (see DEIR Tables 3-2 and 4.8-6).
Goal 6: Decrease energy demand
through reducing urban heat
island effect.
No Conflict. The Project will incorporate light-colored building materials that would reduce heat reflection in accordance with the Section 140.3(a) of the California Building Code.
Goal 7: Decrease GHG emissions
through reducing vehicle miles
traveled.
No Conflict. The Project will incorporate a TDM program to reduce vehicle miles traveled, as required by Mitigation Measure MM 4.3-6.
Goal 8: Decrease GHG emissions
through reducing solid waste
generation.
No Conflict. The Project will comply with AB 939 which requires diversion of a minimum of 50% of solid waste from landfills.
Beaumont Pointe Specific Plan Project
Facts and Findings and Statement of Overriding Considerations
"ATTACHMENT 1"
Sustainable Beaumont Goal
Applicability
Goal 9: Decrease GHG emissions
through increasing clean energy
use.
No Conflict. The Project will incorporate solar photovoltaic solar panels (see DEIR Table 4.8-6).
Goal 10: Decrease GHG
emissions from new development
through performance standards.
No Conflict. Although the City has not implemented a GHG screening table, the Project is consistent with and implements GHG screening tables that have been adopted by the County of Riverside.
Source: (Urban Crossroads, 2022d, Table 4-3)
County of Riverside CAP Consistency
The Project includes annexation into the City of Beaumont from the County of Riverside. Under the County of Riverside Climate Action Plan (CAP), projects that generate more than 3,000 MT CO2e, can be determined to be consistent with the County's CAP if the projects implement a minimum of 100 points based on the County's CAP Screening Tables. The Screening Tables establishes a points system that assigns values for each GHG emissions mitigation design element or operational program feature incorporated into a given development project. For informational purposes, the Project is also shown to be consistent with the Riverside County CAP. As shown in Table 4.8-6, CAP Screening Table for GHG Implementation Measures, the Project originally would achieve a minimum of 581 points, which is significantly more than the required minimum of 100 points to determine consistency with the County's CAP. Mitigation Measure 4.8-1 was revised to require a minimum of 1,850 points. As such, the project would be consistent with the goals and objectives of the County's CAP which aims to reduce GHG emissions through design and operational controls.
Table 4.8-6 CAP Screening Table for GHG Implementation Measures Description
Points
EE10.A.1
Insulation
Enhanced Insulation
(rigid wall insulation R-13, roof/attic R-38)
11 EE10.A.2
Windows
Greatly Enhanced Window Insulation
(0.28 or less U -factor, 0.22 or less SHGC)
7 EE10-A.3
Cool Roofs
Modest Cool Roof
(CRRC Rated 0.15 aged solar reflectance, 0.75 thermal emittance) 7 EE10.B.1
Heating/Cooling
Distribution System
Distribution loss reduction with inspection (HERS Verified Duct Leakage or Equivalent)
8 EE10.B.2
Space Heating/Cooling
Equipment
Improved Efficiency HVAC (EER 14/78% AFUE or 8 HSPF)
4 EE10B.4
Water Heaters
Improved Efficiency Water Heater (0.675 Energy Factor)
8 EE10.B.6
Artificial Lighting
Efficient Lights (25% of in -unit fixtures considered high efficiency. High efficiency is defined as 40 lumens/watt for 15 watt or less fixtures, 50 lumens/watt for 15-40 watt fixtures, 60 lumens/watt for fixtures >40 watt) 5 Beaumont Pointe Specific Plan Project
Facts and Findings and Statement of Overriding Considerations
"ATTACHMENT 1"
EE10.B.7
Appliances
Description
Energy Star Commercial Refrigerator and Commercial Dishwasher Points
4 E 1 B.1
Photovoltaic
Solar Photovoltaic panels or wind installed on buildings or in collective arrangements such that the total power provided augments: 20% of the power needs of the Project.
e.g., 30%= 8 points, 40% = 12 points, 50% = 16 points, 60% = 19 points 19 W2.D.1
Water Efficient
Landscaping
Only low water using plants
3 W2.D.2
Water Efficient
Irrigation Systems
Weather based irrigation control systems combined with drip irrigation (demonstrate 20% reduced water)
3 W2.E.1
Toilets
Water Efficient Showerheads (2.0 gpm)
2 W2.E.2
Toilets
Water Efficient Toilets/Urinals (1.5 gpm)
3 W2.E.3
Faucets
Water Efficient faucets (1.28 gpm)
2 W2.E.4
Faucets
Water Efficient dishwasher (20% water savings)
2 W2.F.1
Recycled Water
Graywater (purple pipe) irrigation system on site
(p p p) g y
5 Car/vanpool program with preferred parking
2 T3.A.3
Employee
Bicycle/Pedestrian
Programs
Bike lockers and secure racks
Showers and changing facilities
3 T1 .F.1
Parking
Provide reserved preferential parking spaces for car -share, carpool, and ultra -low or zero emission vehicles.
1 T4.B.1
Electric Vehicle (EV)
Recharging
Install EV charging stations in garages/parking areas
480a
S1.B.1
Recycling
Provide separated recycling bins within each building/floor and provide large external recycling collection bins at central location for collection trash pick-up.
2 Total Points
581
Minimum Target
100
Source: (Urban Crossroads, 2022d, Table 4-1)
a The Project is anticipated to include 60 EV charging stations. Per the Screening Tables, each station is 8 points.
SCAG's 2020-2045 RTC/SCS (Connect SoCal)
The 2020-2045 RTP/SCS, developed with input from local governments, including the City of Beaumont, establishes GHG emissions goals for automobiles and light -duty trucks for 2035, 2045 and establishes an overall GHG target for the region that is consistent with the statewide GHG-reduction targets for the post -2020 statewide GHG reduction goals. The 2020-2045 RTP/SCS links appropriate land use planning with the goal of improving the efficiency of the region's network to serve the mobility needs of goods and people. The RTP/SCS is supported by a combination of transportation and land use strategies that help the region achieve state GHG emission reduction goals and federal Beaumont Pointe Specific Plan Project
Facts and Findings and Statement of Overriding Considerations
"ATTACHMENT 1"
Clean Air Act requirements, support the vital goods movement industry, and use resources more efficiently.
Table 4.8-7, SCAG Connect SoCal Applicability Analysis, provides an evaluation of the of the Project consistency with the 2020-2045 RTP/SCS goals. Additionally, while VMT associated with heavy duty trucks involved in goods movement is generally outside the realm of the RTP/SCS, which primarily focuses on VMT associated with passenger vehicles, the 2020-2045 RTP/SCS includes the following goods -movement strategies that could benefit the Project from a regional and macro -scale level:
• Clean Freight Corridor System/East-West Freight Corridor. Establishing a freight corridor system to connect the San Pedro Ports and industrial cluster areas in Los Angeles and the Inland Empire.
• Truck Bottleneck Relief Strategy. Working to relieve the top 57 truck bottlenecks. Examples of bottleneck relief strategies include ramp metering, extension of merging lanes, ramp and interchange improvements, capacity improvements and auxiliary lane additions. • Truck Climbing Lanes. Installing dedicated truck climbing lanes along key corridors, such as Interstate 10 (I-10), I-15, State Route 60 (SR -60), to enable other vehicles to move at a faster pace, thereby reducing congestion.
Table 4.8-7 SCAG Connect SoCal Applicability Analysis
Connect SoCal
Goal Number
Goal Statement
Applicability
1 Encourage regional
economic prosperity and
global competitiveness.
No Conflict. This policy would be implemented by cities and the counties within the SCAG region as part of comprehensive local and regional planning efforts. The City of Beaumont is identified as one of the priority growth areas for job centers in the region under the Connect SoCal Plan. The Project Applicant proposes to develop the Project site with industrial and commercial buildings that are designed to meet contemporary industry standards and operational characteristics, that can accommodate a wide variety of users and are economically competitive with similar industrial buildings in the local area and region. The Project would assist the City to meet its economic goal for fiscal strength and stability through business investment and employment generation. New job opportunities generated by the Project would improve the jobs to housing balance within the City (see DEIR Section 4.14, Population and Housing). Accordingly, the Project would not impede the economic development in the City of Beaumont or the region.
2 Improve mobility,
accessibility, reliability,
and travel safety for
people and goods.
No Conflict. The Project site is located approximately 12.4 miles east of March Air Reserve Base/Inland Port (MARB/IP). As such, Beaumont Pointe Specific Plan Project
Facts and Findings and Statement of Overriding Considerations
"ATTACHMENT 1"
Connect SoCal
Goal Number
Goal Statement
Applicability
m
development of the site with the Project would efficiently facilitate the movement of goods.
Additionally, the Project is located at the western edge of the City of Beaumont and 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. The Project is along the south side of the SR -60 and access to the regional transportation system is provided from Potrero Boulevard and 4th Street.
SR -60 also provides access to Interstate 10 (I-10), which is located approximately 2.0 miles north of the Project site, and I-215, which is located approximately 14.6 miles west of the Project site. Due to the Project site's proximity to SR -60, trucks accessing the Project site would efficiently reach the State highway system to facilitate the movement of goods throughout the region. 3 Enhance the
preservation, security,
and resilience of the
regional transportation
system.
No Conflict. This policy would be implemented by cities and the counties within the SCAG region as part of the overall planning and maintenance of the regional transportation system.
Additionally, this policy provides guidance to City staff to monitor the transportation network and to continue to coordinate with other agencies as appropriate. The implementation of the Project would have no adverse effect on such planning or maintenance efforts.
4 Increase person and
goods movement and
travel choices within the
transportation system.
No Conflict. The Project involves the development of a
contemporary industrial park that abuts a developing industrial area along a regional transportation network (SR -60, I-10 and I- 79). The Project would generate approximately 5,456 permanent jobs. By providing job opportunities in a housing -rich area and industrial uses in close proximity to the regional transportation network; the Project increases person, goods movement, and travel choices within the transportation system.
5 Reduce greenhouse gas
emissions and improve
air quality.
No Conflict. An analysis of the Project's environmental impacts is provided throughout this EIR and mitigation measures are specified where warranted. Air quality impacts are addressed in DEIR Section 4.3, Air Quality. Impacts would be reduced to the maximum extent feasible through the implementation of
Mitigation Measures and Project Design Features, which limit truck idling, provide incentives for using clean engines and equipment, require installation of conduit for EV truck charging stations, electric indoor material handling equipment and off -road equipment, preferential parking for fuel -efficient and carpool/van vehicles, EV charging stations.
Beaumont Pointe Specific Plan Project
Facts and Findings and Statement of Overriding Considerations
"ATTACHMENT 1"
Connect SoCa1
Goal Number
Goal Statement
Applicability
Additionally, as discussed herein, the Project would incorporate measures related to building design, landscaping, and energy systems to promote the efficient use of energy. The Project would be consistent with the County of Riverside CAP requirement by achieving a minimum of 1,850 points, which is significantly more than the required minimum of 100 points to determine
consistency. Furthermore, as demonstrated in Table 4.8-5 of the Draft EIR, the Project would not conflict with the City's Sustainable Beaumont: The City's Roadmap to Greenhouse Gas Reductions, which serves as a long-term plan to achieve sustainability in the City by reducing GHG emissions from existing and future development. Although the Project would exceed the City's GHG significance threshold of 3,000 MTCO2e per year, all feasible mitigation measures have been included to reduce GHG impacts. Specifically, Mitigation Measures 4.3-3 through 4.3-13 relating to air quality would also reduce GHG impacts and Mitigation Measure 4.8-1 requires verification that the Project would achieve a minimum of 1,850 points from the County CAP Screening Table for GHG Implementation
Measures.
Moreover, the City of Beaumont is identified as one of the priority growth areas for job centers in the region under the Connect SoCal Plan. When growth is concentrated in Job Centers, the length of vehicle trips for residents can be reduced, thereby reducing greenhouse gas emissions and improving air quality.
7 Adapt to changing
climate and support an
integrated regional
development pattern and
transportation network.
No Conflict. Connect SoCal indicates that since the adoption of the 2016 RTP/SCS, there have been significant drivers of change in the goods movement industry including emerging and new technologies, more complex supply chain strategies, evolving consumer demands and shifts in trade policies. E -commerce continues to be one of the most influential factors shaping goods movement. As previously identified, the Project involves the development of a Project site, historically vacant and
undeveloped, with industrial and commercial buildings that would diversity the City's economy and bring employment opportunities closer to the local workforce. Co -locating jobs near housing improves the jobs to housing balance within the City and reduces greenhouse gas emissions caused by long commutes and
contributes to integrated development patterns. Further, the Project site is located adjacent to an area surrounded by industrial development in the City, which is in close proximity to key freeway infrastructure (e.g., I-215, SR -60, I-10, etc.), thereby reducing travel distances. Development of the Project in western Riverside County, also would shorten the distance that goods need to travel between a logistics facility to their final destinations ("last mile" transit times).
Beaumont Pointe Specific Plan Project
Facts and Findings and Statement of Overriding Considerations
"ATTACHMENT 1"
Connect SoCa1
Goal Number
Goal Statement
Applicability
8 Leverage new
transportation
technologies and data-
driven solutions that
result in more efficient
travel.
No Conflict. Connect SoCal indicates that the advancement of automation is expected to have considerable impacts throughout regional supply chains. Notably, warehouses, such as those proposed with the Project, are increasingly integrating automation to improve operational efficiencies in response to the surge in direct -to -consumer e -commerce. Additionally, continued developments and demonstrations of automated truck
technologies will alter the goods movement environment with far - reaching impacts ranging from employment to highway safety.
The Project would meet contemporary industry standards and operational characteristics relative to transportation technologies and data -driven solutions.
9 Encourage development
of diverse housing types
in areas that are
supported by multiple
transportation options.
No Conflict. The implementation of the Project would result in the development of the Project site with industrial, commercial, and open space/conservation uses. Implementation of the Project would not interfere with the City's ability to encourage the development of diverse housing types that are supported by multiple transportation options in other parts of the City, as appropriate.
10 Promote conservation of
natural and agricultural
lands and restoration of
habitats.
No Conflict. The Project site is in a rural yet developing area of the City of Beaumont. The Project site contains natural lands and contains suitable habitat for native wildlife or plant species. In general, the Project site's natural lands are in the northwestern and southeastern portions, while development would occur in the northeast portion of the site. The Project Applicant proposes to designate 263.5 acres as Open Space and Open Space -
Conservation (PAs 9 and 10), including the Project's
northwestern and southeastern portions. These areas would remain undeveloped. Additionally, the Project site does not support agricultural uses. Therefore, implementation of the Project would not interfere with the City's ability to promote the conservation of natural and agricultural lands and the restoration of habitats.
Implementing SCAG's RTP/SCS will help reduce the regional GHG emissions from transportation, thus helping to achieve statewide emission reduction targets. As shown, the Project would be consistent with and would not conflict with the stated goals of the RTP/SCS; therefore, the proposed Project would not interfere with SCAG's ability to achieve the region's year post -2020 mobile source GHG reduction targets outlined in the RTP/SCS.
Beaumont Pointe Specific Plan Project
Facts and Findings and Statement of Overriding Considerations
"ATTACHMENT 1"
County of Riverside General Plan
The Riverside County General Plan has many policies that help reduce GHG emissions. Policies that indirectly contribute to reducing GHG emissions include Land Use strategies for improving air quality by emphasizing alternative transportation options for communities, energy conservation, reduce automobile use, and more. GHG reduction programs and measures listed in the CAP also support and help most of these General Plan policies. Table 4.8-8, County of Riverside General Plan Applicability Analysis, provides an analysis of the Project's consistency with County of Riverside General Plan goals and policies related to reducing GHG emissions. As shown in Table 4.8-8, the Project would not result in any inconsistency with the applicable County General Plan goals and policies, even though they would not be applicable after annexation. Accordingly, the Project would have a less than significant impact.
Table 4.8-8 County of Riverside General Plan Applicability Analysis General Plan Policy
Applicability
Land Use
LU 2.1 Accommodate land use development in
accordance with the patterns and distribution of use and density depicted on the General Plan Land Use Map
(Figure LU-1) and the Area Plan Land Use Maps, in
accordance with the following:
a. Provide a land use mix at the countywide and area
plan levels based on projected need and supported by
evaluation of impacts to the environment, economy,
infrastructure, and services.
b. Accommodate a range of community types and
character, from agricultural and rural enclaves to urban and suburban communities.
c. Provide for a broad range of land uses, intensities, and densities, including a range of residential, commercial, business, industry, open space, recreation, and public
facilities uses.
d. Concentrate growth near community centers that
provide a mixture of commercial, employment,
entertainment, recreation, civic, and cultural uses to the greatest extent possible.
e. Concentrate growth near or within existing urban and suburban areas to maintain the rural and open space
character of Riverside County to the greatest extent
possible.
f. Site development to capitalize upon multi -modal
transportation opportunities and promote compatible
land use arrangements that reduce reliance on the
automobile.
No Conflict. The Project would require a General Plan
Amendment and therefore the Project would not be
consistent with the County's General Plan Land Use
Plan and Area Plan Land Use Maps. However, the
Project would provide a broad range of land uses and
accommodate land use development in accordance with
policies (a —g).
Specifically, the Project would provide a broad range of land uses on the Project site. 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 concentrate employment growth near
entertainment in a housing -rich community adjacent to
SR -60 and the City of Beaumont's Interstate
Employment Subarea. This subarea will be developed
with industrial and commercial land uses. Therefore, the Project would not conflict with General Plan Policy LU
2.1. Beaumont Pointe Specific Plan Project
Facts and Findings and Statement of Overriding Considerations
"ATTACHMENT 1"
General Plan Policy
Applicability
g. Prevent inappropriate development in areas that are
environmentally sensitive or subject to severe natural
hazards.
LU 4.1 Require that new developments be located and
designed to visually enhance, not degrade the character of the surrounding area through consideration of the
following concepts:
e. Pursue energy efficiency through street configuration building orientation, and landscaping to capitalize on
shading and facilitate solar energy, as provided for in Title 24 Part 6 and/or Part 11, of the California Code of Regulations (CCR).
f. Incorporate water conservation techniques, such as
groundwater recharge basins, use of porous pavement,
drought tolerant landscaping, and water recycling, as
appropriate.
j. Provide safe and convenient vehicular access and
reciprocal access between adjacent commercial uses.
p. Require that new development be designed to provide
adequate space for pedestrian connectivity and access,
recreational trails, vehicular access and parking,
supporting functions, open space, and other pertinent
elements.
r. Site buildings access points along sidewalks,
pedestrian areas, and bicycle routes, and include
amenities that encourage pedestrian activity.
No Conflict. The Beaumont Pointe Specific Plan
provides an industrial/commercial business park that
capitalizes on the property's location south of SR -60.
The Project would complement the existing and planned
land uses in this portion the City of Beaumont. The
Project site is within the northwestern portion of the
City's SOI and is bordered to the east by land designated for industrial and commercial uses.
The Project proposes conventional industrial uses
reflecting contemporary energy efficient/energy
conserving designs and operational programs. Uses
proposed by the Project are not inherently energy
intensive, and the Project energy demands in total would be comparable to, or less than, other industrial projects of similar scale and configuration.
As discussed in DEIR Section 4.19, Utilities and Service Systems, the Project would construct an on -site recycled water system. The Project would connect a proposed 14 - inch recycled water line that would connect to the
existing 14 -inch recycled water line within the adjacent Hidden Canyon development at 4th Street.
The Project also includes a detailed circulation plan,
which is organized to ensure efficient access to
individual tenant areas, as well as to public places.
Therefore, the Project would not conflict with General
Plan Policy LU 4.1.
LU 8.12 Improve the relationship and ratio between jobs and housing so that residents have an opportunity to live and work within the county.
No Conflict. The Project would generate a substantial
number of jobs that would be filled by residents of the City and surrounding communities in the County. The
Project would provide opportunities for positive
economic benefit to the City and County. The Project
would create 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.
Refer also to DEIR Section 4.14, Population and
Housing. Therefore, the Project would not conflict with General Plan Policy LU 8.12.
LU 11.1 Provide sufficient commercial and industrial
development opportunities in order to increase local
No Conflict. As discussed previously, the Project would allow for the development on the Project site of a
maximum of 246,000 square feet (sf) of general
Beaumont Pointe Specific Plan Project
Facts and Findings and Statement of Overriding Considerations
"ATTACHMENT 1"
General Plan Policy
Applicability
employment levels and thereby minimize long-distance
commuting.
commercial uses in addition to a 125 -room hotel (90,000 sf) and a maximum of 4,995,000 sf of industrial uses,
which would create a substantial number of jobs that
would be filled by residents of the City and surrounding communities in the County. The Project would
accommodate a wide variety of users, and would be
economically competitive with similar industrial
buildings in the local area and region. Therefore, the
Project would not conflict with General Plan Policy LU
11.1. LU 11.3 Accommodate the development of community
centers and concentrations of development to reduce
reliance on the automobile and help improve air quality.
No Conflict. The Project site is in proximity to SR -60 and the City of Beaumont's Interstate Employment
Subarea, which will be developed with industrial and
commercial land uses. Due to the Project site's
proximity to SR -60, trucks accessing the Project site
would efficiently reach the State highway system to
facilitate the movement of goods throughout the region.
Therefore, the Project would not conflict with General
Plan Policy LU 11.3.
LU 11.4 Provide options to the automobile in
communities, such as transit, bicycle and pedestrian
trails, to help improve air quality.
No Conflict. The Project includes installation of
sidewalks along the Project site's frontage with Jack
Rabbit Trail and 4th Street and along Industrial Way, a proposed private road located along the north side of the proposed industrial buildings. The Project Applicant
proposes curb adjacent sidewalks and pedestrian paths
to encourage and enhance pedestrian activity throughout the Project site. Additionally, the Project would include the installation of bicycle racks and lockers at each of the proposed light industrial buildings. Therefore, the Project would not conflict with General Plan Policy LU
11.4. LU 11.5 Ensure that all new developments reduce
Greenhouse Gas emissions as prescribed in the Air
Quality Element and Climate Action Plan.
No Conflict. As discussed in DEIR Table 4.8-6, the
Project would be consistent with the County's CAP
requirement to achieve at least 100 points and thus the Project is considered to have a less than significant
individual and cumulatively considerable impact on
GHG emissions. Therefore, the Project would not
conflict with General Plan Policy LU 11.5.
Circulation —
C 5.2 Encourage the use of drought -tolerant native
plants and the use of recycled water for roadway
landscaping.
No Conflict. As shown on DEIR Figure 3-14, Master
Landscape Plan, the Project provides a plant palette for three categories: Entrance Planting, Native California
Planting, and Industrial Screen Planting; and selected to complement and enhance the setting of the site, while
ensuring the conservation of the site's natural vegetation Beaumont Pointe Specific Plan Project
Facts and Findings and Statement of Overriding Considerations
"ATTACHMENT 1"
General Plan Policy
Applicability
and habitats. Alternative plant species may be used
provided that they are drought -tolerant and complement the Project's design theme. As disused in DEIR Section
4.19, Utilities and Service Systems, the Project would
construct an on -site recycled water system. The Project would connect a proposed 14 -inch recycled water line
that would connect to the existing 14 -inch recycled
water line within the adjacent Hidden Canyon
development at 4th Street. Therefore, the Project would not conflict with General Plan Policy C 5.2.
Multipurpose Open Space
OS 1.4 Promote the use of recycled water for landscape
irrigation.
No Conflict. As disused in DEIR Section 4.19, Utilities and Service Systems, the Project would construct an on - site recycled water system. The Project would connect a proposed 14 -inch recycled water line that would connect to the existing 14 -inch recycled water line within the adjacent Hidden Canyon development at 4th Street.
Therefore, the Project would not conflict with General
Plan Policy OS 1.4.
OS 16.1 Continue to implement Title 24 of the
California Code of Regulations (the "California
Building Standards Code") particularly Part 6 (the
California Energy Code) and Part 11 (the California
Green Building Standards Code), as amended and
adopted pursuant to County ordinance. Establish
mechanisms and incentives to encourage architects and
builders to exceed the energy efficiency standards of
within CCR Title 24.
No Conflict. Energy efficiency/energy conservation
attributes of the Project would be complemented by
increasingly stringent State and federal regulatory
actions addressing vehicle fuel economies and vehicle
emissions standards; and enhanced building/utilities
energy efficiencies mandated under California building
codes (e.g., Title 24, California Green Building
Standards Code). The Project would comply with Title
24 of the California Code of Regulations and proposes
conventional industrial uses reflecting contemporary
energy efficient/energy conserving designs and
operational programs. Uses proposed by the Project are
not inherently energy intensive, and the Project energy demands in total would be comparable to, or less than,
other industrial projects of similar scale and
configuration. Therefore, the Project would not conflict with General Plan Policy OS 16.1.
OS 16.2 Specify energy efficient materials and systems, including shade design technologies, for county
buildings
No Conflict. As discussed in DEIR Table 4.8-6, the
Project shall implement the County of Riverside's 2019
Climate Action Plan (CAP) Screening Table Measures
which include cool roofs, enhanced insulation, and
energy efficient heating/cooling equipment.
Additionally, as shown on DEIR Figure 3-14, Master
Landscape Plan, streetscape landscaping presents a
combination of evergreen and deciduous trees, low
shrubs, and masses of groundcovers. Therefore, the
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Project would not conflict with General Plan Policy OS
16.2. OS 16.8 Promote coordination of new public facilities with mass transit service and other alternative
transportation services, including bicycles, and design structures to enhance mass transit, bicycle, and
pedestrian use.
No Conflict. The Project includes installation of
sidewalks along the Project site's frontage with Jack
Rabbit Trail and 4th Street and along Industrial Way, a proposed private road located along the north side of the proposed industrial buildings. The Project Applicant
proposes curb adjacent sidewalks and pedestrian paths
to encourage and enhance pedestrian activity throughout the Project site. Additionally, the Project would include the installation of bicycle racks and lockers at each of the proposed light industrial buildings. Therefore, the Project would not conflict with General Plan Policy OS
16.8. OS 16.9 Encourage increased use of passive, solar design and day -lighting in existing and new structures.
No Conflict. As discussed in DEIR Table 4.8-6, the
Project shall implement the County of Riverside's 2019
Climate Action Plan (CAP) Screening Table Measures
which include cool roofs, enhanced insulation, and
energy efficient heating/cooling equipment.
Additionally, 20% of the Project's energy consumption
would be from solar consistent with the CAP
requirement. Furthermore, the Project's architecture
would include skylights and clerestory windows to
allow for increased use of passive solar design and day - lighted in new structures. Therefore, the Project would not conflict with General Plan Policy OS 16.9.
Air Quality
AQ 4.1 Require the use of all feasible building
materials/methods which reduce emissions.
No Conflict. During the Project's construction phase,
water would be sprayed throughout the site to abate dust particulate emissions. Air quality impacts are address in DEIR Section 4.3, Air Quality. Impacts would be
reduced to the maximum extent feasible through the
implementation of Mitigation Measures 4.3-2 through
4.3-9, which limit truck idling, provide incentives for using clean engines and equipment, require installation of conduit for EV truck charging stations, electric indoor material handling equipment and off -road equipment,
preferential parking for fuel -efficient and carpool/van vehicles, EV charging stations. Additionally, the Project is consistent with the CAP requirement that 20% of the
Project's energy consumption would be from solar. As
such, the Project would not conflict with General Plan
Policy AQ 4.1.
AQ 4.2 Require the use of all feasible efficient heating equipment and other appliances, such as water heaters,
No Conflict. As discussed in DEIR Table 4.8-6, the
Project would include the use of energy efficient
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Applicability
swimming pool heaters, cooking equipment,
refrigerators, furnaces and boiler units.
heating/cooling equipment, water heaters, and
appliances. As such, the Project would not conflict with General Plan Policy AQ 4.2.
AQ 4.6 Require stationary air pollution sources to
comply with applicable air district rules and control
measures.
No Conflict. As discussed in DEIR Section 4.3, Air
Quality, the Project would comply with applicable air
district rules and control measures to reduce operational air quality emissions. All feasible mitigation measure
has been incorporated to reduce air quality impacts to
the extent feasible. Therefore, the Project would not
conflict with General Plan Policy AQ 4.6.
AQ 5.1 Utilize source reduction, recycling and other
appropriate measures to reduce the amount of solid
waste disposed of in landfills.
No Conflict. The Project would be required to
coordinate with Waste Management, Inc. to develop a
collection program for recyclables, such as paper,
plastics, glass, and aluminum, in accordance with local and State programs, including AB 341, Mandatory
Commercial Recycling, and the California Solid Waste
Reuse and Recycling Act of 1991. Therefore, the Project would not conflict with General Plan Policy AQ 5.1.
AQ 5.4 Encourage the incorporation of energy -efficient design elements, including appropriate site orientation and the use of shade and windbreak trees to reduce fuel consumption for heating and cooling.
No Conflict. As discussed in DEIR Table 4.8-6, the
Project shall implement the County of Riverside's 2019
Climate Action Plan (CAP) Screening Table Measures
which include cool roofs, enhanced insulation, and
energy efficient heating/cooling equipment.
Additionally, as shown on Figure 3-14, Master
Landscape Plan, streetscape landscaping presents a
combination of evergreen and deciduous trees, low
shrubs, and masses of groundcovers. Therefore, the
Project would not conflict with General Plan Policy AQ
5.4. AQ 8.6 Encourage employment centers in close
proximity to residential uses.
No Conflict. The Project would generate a substantial
number of jobs that would be filled by residents of the City and surrounding communities in the County. The
land to the north of the Project site, on the opposite side of SR -60 is designated for residential uses. The Project would create 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.
Therefore, the Project would not conflict with General
Plan Policy AQ 8.6.
AQ 8.8 Promote land use patterns which reduce the
number and length of motor vehicle trips.
No Conflict. The Project site is situated in close
proximity to the regional transportation network which
connects the site to the Ports of Long Beach and Los
Angeles, both major gateways for international trade,
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the Inland Empire and the Western United States.
Located along the south side of the SR -60 Freeway,
access to the regional transportation system from the site is provided via 4th Street, and access to the SR -60
Freeway from 4th Street is provided at the Potrero
Boulevard interchange, approximately 1.25 miles to the
east. Due to the Project site's proximity to SR -60, trucks accessing the Project site would efficiently reach the
State highway system to facilitate the movement of
goods throughout the region. Therefore, the Project
would not conflict with General Plan Policy AQ 8.8.
AQ 8.9 Promote land use patterns that promote
alternative modes of travel.
No Conflict. The Project includes installation of
sidewalks along the Project site's frontage with Jack
Rabbit Trail and 4th Street and along Industrial Way, a proposed private road located along the north side of the proposed industrial buildings. The Project Applicant
proposes curb adjacent sidewalks and pedestrian paths
to encourage and enhance pedestrian activity throughout the Project site. Additionally, the Project would include the installation of bicycle racks and lockers at each of the proposed light industrial buildings. Therefore, the Project would not conflict with General Plan Policy AQ
8.9. AQ 20.3 Reduce VMT and GHG emissions by
improving circulation network efficiency.
No Conflict. As discussed in DEIR Section 4.17,
Transportation, Transportation demand management
(TDM) strategies have been evaluated for reducing
VMT impacts. The Project also includes a detailed
circulation plan, which is organized to ensure efficient access to individual tenant areas, as well as to public places. The Project would locate industrial uses adjacent to SR -60, a 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; thereby
improving goods movement circulation efficiency.
As demonstrated herein, impacts related to GHG
emissions are less than significant. Therefore, the
Project would not conflict with General Plan Policy AQ
20.3. AQ 20.6 Reduce emissions from commercial vehicles, through VMT, by requiring all new commercial
buildings, in excess of 162,000 square feet, to install circuits and provide capacity for electric vehicle
charging stations.
No Conflict. As shown in DEIR Table 4.8-6, the Project
would provide a total of 15 electric vehicle charging
stations and electric conduit for truck charging.
Therefore, the Project would not conflict with General
Plan Policy AQ 20.6.
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AQ 20.7 Reduce VMT through increased densities in
urban centers and encouraging emphasis on mixed use
to provide residential, commercial and employment
opportunities in closer proximity to each other. Such
measures will also support achieving the appropriate
jobs -housing balance within the communities.
No Conflict. The Project would provide employment
opportunities within close proximity to residential uses.
The Project would create 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. Therefore, the Project would not conflict with General Plan Policy AQ 20.7.
AQ 20.10 Reduce energy consumption of the new
developments (residential, commercial and industrial)
through efficient site design that takes into
consideration solar orientation and shading, as well as passive solar design.
No Conflict. As discussed in DEIR Table 4.8-6, the
Project shall implement the County of Riverside's 2019
Climate Action Plan (CAP) Screening Table Measures
which include cool roofs to reduce energy consumption.
Additionally, 20% of the Project's energy consumption
would be from solar consistent with the CAP
requirement. Additionally, as shown on Figure 3-14,
Master Landscape Plan, streetscape landscaping
presents a combination of evergreen and deciduous
trees, low shrubs, and masses of groundcovers to
provide adequate shading. Therefore, the Project would
not conflict with General Plan Policy AQ 20.10.
AQ 20.11 Increase energy efficiency of the new
developments through efficient use of utilities (water, electricity, natural gas) and infrastructure design. Also, increase energy efficiency through use of energy
efficient mechanical systems and equipment.
No Conflict. As discussed in DEIR Table 4.8-6, the
Project shall implement the County of Riverside's 2019
Climate Action Plan (CAP) Screening Table Measures
which include energy efficient heating/cooling system,
water heaters, appliances, water efficient irrigation
systems, and recycle water. Therefore, the Project
would not conflict with General Plan Policy AQ 20.11.
AQ 20.13 Reduce water use and wastewater generation
in both new and existing housing, commercial and
industrial uses. Encourage increased efficiency of water use for agricultural activities.
No Conflict. As disused in DEIR Section 4.19, Utilities and Service Systems, the Project would construct an on - site recycled water system. The Project would connect a proposed 14 -inch recycled water line that would connect to the existing 14 -inch recycled water line within the adjacent Hidden Canyon development at 4th Street.
Therefore, the Project would not conflict with General
Plan Policy AQ 20.13.
AQ 20.14 Reduce the amount of water used for
landscaping irrigation through implementation of
County Ordinance 859 and increase use of non -potable
water.
No Conflict. As shown in DEIR Table 4.8-6, the Project
would include water efficient landscaping.
Additionally, as disused in Section 4.19, Utilities and Service Systems, the Project would construct an on -site recycled water system. Therefore, the Project would not conflict with General Plan Policy AQ 20.14.
AQ 20.17 Protect vegetation from increased fire risks
associated with drought conditions to ensure biological No Conflict. As discussed in DEIR Section 4.20,
Wildfire, the Project would implement on -site
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Applicability 1
carbon remains sequestered in vegetation and not
released to the atmosphere through wildfires.
defensible space (FMA and fuel maintenance zone),
which would consist of asphalt roadways, parking stalls, loading zones, irrigated landscaping, and irrigated slope protecting landscaping to preclude wildfire impacts.
Therefore, the Project would not conflict with General
Plan Policy AQ 20.17.
City of Beaumont General Plan
Table 4.8-9, City of Beaumont General Plan Applicability Analysis, provides an analysis of the Project's consistency with the City's General Plan goals and policies related to reducing GHG emissions. As shown in Table 4.8-9, the Project would not result in any inconsistency with the applicable General Plan goals and policies. Impacts regarding the Project's consistency with applicable plans, policies, or regulations adopted for the purpose of reducing the emissions of GHG emissions and generation of GHG emissions were determined to be less than significant. However, despite plan consistency, the Project's long-term operational GHG emissions would exceed the City's significance threshold of 3,000 MTCO2e per year, even after implementation of all feasible mitigation measures. As such, the Project's GHG emission impacts would be significant.
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Table 4.8-9 City of Beaumont General Plan Applicability Analysis General Plan Policy
Applicability
Land Use and Community Design (Chapter 3)
Goal 3.1: A City structure that enhances the quality of life of residents, meets the community's vision for the future, and connects new growth areas together with established Beaumont neighborhoods.
Policy 3.1.12: Establish buffers between
open space areas and urban development by
encouraging less intensive rural
development within proximity to the open
space areas.
No Conflict. The Project site is bordered to the west and to the south by open space and conservation land uses. The Specific Plan designates PA 9 for Open Space, which accommodates landscaped, manufactured slopes, fuel modification areas, project signage, as well as the natural slopes which form a buffer between the Specific Plan's developed areas and the Open Space — Conservation in PA 10. These areas would not be developed with the Project's proposed structures. Some disturbance would occur within the areas designated as Open Space; however, the disturbance would be limited to grading and landscaping. Therefore, the Project would establish a buffer between open space areas and urban development and would not conflict with General Plan Policy 3.1.12.
Goal 3.7: A City with a high -quality pedestrian environment for people, fostering interaction, activity, and safety
Policy 3.7.2: Create pedestrian -oriented
streetscapes by establishing unified street
tree planting, sidewalk dimensions and
maintenance, pedestrian amenities, and
high -quality building frontages in all new
development.
No Conflict. Passive recreational opportunities are provided to employees and visitors of Project site through curb -adjacent sidewalks and pedestrian paths. These amenities encourage and enhance pedestrian activity throughout the Project. Provisions for sidewalks and pedestrian walkways, bicycle storage
facilities, and employee and visitor gathering areas interior to the planning areas are set forth in Chapter 4, Design Guidelines, of the Specific Plan.
The Project includes installation of sidewalks along the Project site's frontage with Jack Rabbit Trail and 4th Street and along Industrial Way. The Project provides a plant palette for three categories: Entrance Planting, Native California Planting, and Industrial Screen Planting. Landscaping is selected to
complement and enhance the setting of the site, while ensuring the conservation of the site's natural vegetation and habitats.
Therefore, the Project would create pedestrian -oriented streetscapes by establishing unified street tree planting, sidewalks, and high -quality building frontages. As such, the Project would not conflict with General Plan Policy 3.7.2.
Goal 3.8: A City that encourages a healthy lifestyle for people of all ages, income levels, and cultural backgrounds.
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Policy 3.8.3 Ensure the design of context-
specific streetscaping that promotes safe
travel for all users, including signs, curbs,
trees and landscaping to provide a more
pleasant environment for drivers, cyclists,
and pedestrians.
No Conflict. The Project Applicant proposes curb adjacent sidewalks and pedestrian paths to encourage and enhance pedestrian activity throughout the Project site. In addition, all driveways and intersections to and from the Project site would be stop -controlled to ensure safety for all transportation users.
Based on the Project's roadway improvements, the Project would not conflict with General Plan Policy 3.8.3.
Mobility (Chapter 4)
Goal 4.1: Promote smooth traffic flows and balance operational efficiency, technological, and economic feasibility.
Policy 4.1.5: Require residential and
commercial development standards that
strengthen connections to transit and
promote walking to neighborhood services.
No Conflict. The Project Applicant proposes curb adjacent sidewalks and pedestrian paths to encourage and enhance pedestrian activity throughout the Project site. Additionally, the Project would provide pedestrian and bicycle network
improvements within the development connecting to existing off -site facilities to the east along 4th Street. Therefore, the Project would not conflict with General Plan Policy 4.1.5.
Goal 4.3: A healthy transportation system that promotes and improves pedestrian, bicycle, and vehicle safety in Beaumont.
Policy 4.3.5: Integrate land use and
transportation infrastructure to support
higher -density development, a balanced
mix of residential and commercial uses, and
a connected system of sidewalks, bikeways,
greenways, and transit.
No Conflict. The Project involves a mixed development of 232.6 acres of light industrial use, 30.2 acres of commercial use (i.e., hotel, restaurants, recreation -based retail uses), 124.7 acres of open space, and 152.4 acres of open space -
conservation use. The Project also includes a detailed
circulation plan, which is organized to ensure efficient access to individual tenant areas, as well as to public places. Because the Project would integrate land use and transportation infrastructure to support a balanced mix of land uses, the Project would not conflict with Policy 4.3.5.
Goal 4.4: A balanced transportation system that provides adequate facilities for people in the City to bicycle, walk, or take transit to their destinations.
Policy 4.4.3: Improve safety for all active
transportation users.
No Conflict. The Project Applicant proposes curb adjacent sidewalks and pedestrian paths to encourage and enhance pedestrian activity throughout the Project site. In addition, all driveways and intersections to and from the Project site would be stop -controlled to ensure safety for all transportation users.
Based on the Project's roadway improvements, the Project would not conflict with General Plan Policy 4.4.3.
Health and Environmental Justice (Chapter 6)
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General Plan Policy
Applicability
Policy 6.7.2: Continue to work with State,
federal, regional, and local agencies to
eliminate and reduce concentrations of
regulated legacy pollutants.
No Conflict. There are no existing pollutants on site as the Project site is vacant and undeveloped. The Project would comply with State and federal Community -Right -to -Know laws, which allow the public to access information regarding the information about the amounts and types of chemicals that may be used by businesses on the Project site. Therefore, the Project would not conflict with General Plan Policy 6.7.2.
Policy 6.7.5: Reduce particulate emissions
from paved and unpaved roads,
construction activities, and agricultural
operations.
No Conflict. During the Project's construction phase, water would be sprayed throughout the site to abate dust particulate emissions. Additionally, Mitigation Measure MM 4.3-2 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 that Tier 4 Final equipment is not available.
Therefore, the Project would not conflict with General Plan Policy 6.7.5.
Community Facilities and Infrastructure (Chapter 7)
Goal 7.3: Buildings and landscapes promote water conservation, efficiency, and the increased use of recycled water.
Policy 7.3.6: Encourage innovative water
recycling techniques, such as rainwater
capture, use of cisterns, and installation of
greywater systems.
No Conflict. As disused in DEIR Section 4.19, Utilities and Service Systems, and Section 4.8, Greenhouse Gas Emissions, the Project would commit to using graywater (purple pipe) irrigation Recycled water will be utilized and used for construction dewatering, irrigation of manufactured and replanted slopes within PA 9, as well as for irrigation of parkway landscaping and irrigation of landscaping within the General Commercial and Industrial land uses (PAs 1-8). The Project would connect a proposed 14 -inch recycled water line that would connect to the existing 14 -inch recycled water line within the adjacent Hidden Canyon development at 4th Street (350 feet east of the Project site in the existing right of way).
As such, the Project would not conflict with General Plan Policy 7.3.6.
Goal 7.6: A zero -waste program that increases recycling and reduces waste sent to the landfill.
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Policy 7.6.1: Encourage new construction
and additions to avoid "Red List" materials
and chemicals.1°
No Conflict. Refer to General Plan Policy 6.7.1. As concluded in DEIR Section 4.9, Hazards and Hazardous Materials,
construction contractors would be required to comply with all applicable federal, State, and local laws and regulations regarding the transport, use, and storage of hazardous
construction -related materials, including but not limited requirements imposed by the EPA and DTSC. With mandatory compliance of applicable hazardous materials regulations, the Project would not create significant hazard to the public or the environment through routine transport, use, or disposal of hazardous materials during the construction phase. The Project Applicant proposes to develop the Project site with industrial and commercial uses. Based on the facilities and uses that would be allowed at the Project site, hazardous materials (e.g., diesel fuel, lubricants, solvents, corrosives, toxic substances hazardous materials, etc.) could be used during the course of daily operations at the Project site. As concluded in DEIR Section 4.9, with mandatory regulatory compliance, the Project would not pose a significant hazard to the public or the environment through the routine transport, use, storage, emission, or disposal of hazardous materials, nor would the Project increase the potential for accident conditions which could result in the release of hazardous materials into the environment. Therefore, the Project would not conflict with General Plan Policy 7.6.1.
Goal 7.7: Provide for a clean and healthy community through an effective solid waste collection and disposal system.
Policy 7.7.3: Require businesses (including
public entities) that generate four cubic
yards or more of commercial solid waste
per week, or a multifamily residential
dwelling of five units or more, to arrange
for recycling services.
No Conflict. The Project would be required to coordinate with Waste Management, Inc. to develop a collection program for recyclables, such as paper, plastics, glass, and aluminum, in accordance with local and State programs, including AB 341, Mandatory Commercial Recycling, and the California Solid Waste Reuse and Recycling Act of 1991. Therefore, the Project would not conflict with General Plan Policy 7.7.3.
Conservation and Open Space (Chapter 8)
Goal 8.1: A City with green buildings and developments that promote energy efficiency.
Policy 8.1.5: Encourage new development
to reduce building energy use by adopting
No Conflict. As discussed in DEIR Section 3.0, Project
Description, the Project shall implement the County of
10 The "Red List" includes the worst types of materials and chemicals used in the building industry that are harmful to humans and the environment. For a list of material included on the "Red List," see: https://living- future.org/declare/declare-about/red-list/
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passive solar techniques and heat island
reduction strategies:
• Maximizing interior daylighting
• Using cool exterior siding, cool
roofing, and paving materials with
relatively high solar reflectivity to
reduce solar heat gain
• Planting shade trees on south- and
west -facing sides of new buildings
to reduce energy load
• Installing water efficient
vegetative cover and planting,
substantial tree canopy coverage
Riverside's 2019 Climate Action Plan (CAP) Screening Table Measures which include 20% project energy generated from solar, cool roofs and water efficient landscaping. The Project would achieve a minimum of 201 Screening Table Points.
Additionally, the Project would include skylights and
clearstory windows to maximize day lighting. Therefore, the Project would not conflict with General Plan Policy 8.1.5.
Policy 8.1.7: Encourage new buildings and
buildings undergoing major retrofits to
exceed Title 24 energy efficiency
standards.
No Conflict. Energy efficiency/energy conservation attributes of the Project would be complemented by increasingly
stringent State and federal regulatory actions addressing vehicle fuel economies and vehicle emissions standards; and enhanced building/utilities energy efficiencies mandated under California building codes (e.g., Title 24, California Green Building Standards Code). The Project proposes conventional industrial and commercial uses reflecting contemporary energy efficient/energy conserving designs and operational programs.
Uses proposed by the Project are not inherently energy
intensive, and the Project energy demands in total would comply with current Title 24 energy efficiency standards and due to the continued upgrades to Title 24 standards new construction would be comparable to, or less than, other industrial projects of similar scale and configuration in terms of energy use. Compliance with the Riverside County CAP provides additional energy efficiencies that exceed Title 24.
Therefore, the Project would not conflict with General Plan Policy 8.1.7.
Safety (Chapter 9)
Goal 9.10: A City that is prepared for the potential impacts of climate change.
Policy 9.10.2: Encourage new development
and redesign of existing buildings to take
steps to reduce the impacts of extreme heat
events, including:
• Design buildings to use less
mechanical heating and cooling
through use of passive solar
techniques.
No Conflict. As discussed in DEIR Section 3.0, Project
Description, the Project shall implement the County of
Riverside's 2019 Climate Action Plan (CAP) Screening Table Measures which include cool roofs, enhanced insulation, and energy efficient heating/cooling equipment, and on -site solar to provide 20% of the Project's energy requirements.
Additionally, as shown on DEIR Figure 3-14, Master Landscape Plan, streetscape landscaping presents a combination of evergreen and deciduous trees, low shrubs, and masses of Beaumont Pointe Specific Plan Project
Facts and Findings and Statement of Overriding Considerations
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Applicability
• Support and incentivize, as
feasible, energy efficiency and
weatherization programs.
• Protect and expand the City's
urban tree canopy to provide
shade, increase carbon
sequestration, and purify the air.
• Provide shade structures in public
parks, outdoor playgrounds, and
bus shelters.
groundcovers. Therefore, the Project would not conflict with General Plan Policy 9.10.2.
Policy 9.10.3: Require enhanced water
No Conflict. As discussed in DEIR Section 4.19, Utilities and Service Systems, the Project would construct an on -site recycled water system. The Project would connect a proposed 14 -inch recycled water line that would connect to the existing 14 -inch recycled water line within the adjacent Hidden Canyon development at 4th Street. The Project will comply with CAP points for increased efficient use of water both inside the building and for landscaping irrigation. Additionally, the Project would be required to comply with Chapter 17.06 of the Municipal Code. Therefore, the Project would not conflict with General Plan Policy 9.10.3.
conservation measures in new development
and redesign of existing buildings to
address the possibility of constrained future
water supplies, including:
• Compliance with existing
landscape water conservation
ordinance (Chapter 17.06 of the
Municipal Code).
• Use of water conservation
measures in new development
beyond current requirements.
• Installation of recycled water use
and graywater systems.
Land Use (Chapter 11)
Goal 11.12: Encourage development to be efficient in the use of non-renewable resources, including water, energy, and air quality.
Policy 11.12.1: Promote the use of energy
and water conservation technologies and
practices.
Policy 11.12.3: Consider sustainable
development practices that reduce energy
and water demand.
No Conflict. The Project proposes conventional industrial uses reflecting contemporary energy efficient/energy conserving designs and operational programs. Energy efficiency/energy conservation attributes of the Project would be complemented by increasingly stringent State and federal regulatory actions addressing vehicle fuel economies and vehicle emissions standards; and enhanced building/utilities energy efficiencies mandated under California building codes (e.g., Title 24, California Green Building Standards Code). The Project would comply with Title 24 of the California Code of Regulations and proposes conventional industrial uses reflecting contemporary energy efficient/energy conserving designs and operational programs. Uses proposed by the Project are not inherently energy intensive, and the Project energy demands in total would be comparable to, or less than, other industrial projects of similar scale and configuration.
Beaumont Pointe Specific Plan Project
Facts and Findings and Statement of Overriding Considerations
"ATTACHMENT 1"
General Plan Policy
Applicability
As discussed in DEIR Section 4.19, Utilities and Service Systems, the Project would construct an on -site recycled water system. The Project would connect a proposed 14 -inch
recycled water line that would connect to the existing 14 -inch recycled water line within the adjacent Hidden Canyon
development at 4th Street.
Therefore, the Project would not conflict with General Plan Policies 1.12.1 and 11.12.3.
Policy 11.12.4: Ensure that new
development does not result in wind and
solar access impacts.
No Conflict. As shown in DEIR Table 4.8-6, 20% of the
Project's energy consumption would be from solar consistent with the CAP requirement. Furthermore, the Project's
architecture would include skylights and clerestory windows to allow for increased use of passive solar design and day -lighted in new structures. Therefore, the Project would not conflict with General Plan Policy 11.12.4.
Policy 11.12.6: Improve air quality through
improved walkability, reduced vehicular
use and enhanced non- vehicular travel.
No Conflict. The Project includes installation of sidewalks along the Project site's frontage with Jack Rabbit Trail and 4th Street and along Industrial Way, a proposed private road located along the north side of the proposed industrial buildings. The Project Applicant proposes curb adjacent sidewalks and pedestrian paths to encourage and enhance pedestrian activity throughout the Project site. Additionally, the Project would include the installation of bicycle racks and lockers at each of the proposed light industrial buildings.
Therefore, the Project would not conflict with General Plan Policy 11.12.6.
The Project would be required to implement Mitigation Measures MM 4.3-3 through MM 4.3-17 and MM 4.8-1, above. As discussed under Section 5.2.2, above, even with incorporation of all feasible mitigation measures, impacts would exceed the applicable 3,000 MT CO2e threshold of significance and remain significant and unavoidable.
5.2.4 CUMULATIVE IMPACTS
Impact Statement: The Project would result in a cumulatively considerable impact related to GHG emissions.
❑ Findings
Potential cumulative impacts of the Project related to GHG emissions are discussed in detail in Section
4.8.8 of the DEIR. CEQA Guidelines Section 15130(f), clarify that the effects of GHG emissions are cumulative and should be analyzed in the context of CEQA's requirements for cumulative impact analysis (see Sections 5.2.2 and 5.2.3, above). Because GHG impacts would exceed the applicable 3,000 MT CO2e threshold of significance, project impacts are cumulatively considerable under CEQA Guidelines Section 15130(0. The Project would not conflict with plans, policies, and regulations adopted for the purpose of reducing the emissions of GHG emissions. However, despite plan Beaumont Pointe Specific Plan Project
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consistency, the Project's long-term operational GHG emissions would exceed the City's significance threshold of 3,000 MTCO2e per year. As such, a significant 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.
Several mitigation measures were recommended by commenters on the DEIR. These measures were evaluated in the FEIR and were: 1) already required through regulatory requirements, project design features, or mitigation; 2) added as mitigation and included, herein; or 3) determined to be infeasible.
For example, due to the reasons described under Section 5.1.1 "Substantial Evidence" above, the requirement that all heavy-duty vehicles must be zero emission was found to be economically and technologically infeasible because they are not commercially available for the foreseeable future.
Additionally, regulations that control heavy-duty truck emissions are the responsibility of the State and outside of the responsibility and control of the City. Therefore, pursuant to Section 21081(a)(3) of the California Public Resources Code, control of tailpipe emissions are within the responsibility and jurisdiction of another public agency and have been adopted by that other agency. See FEIR, Response to Comments B-34 through B-63 and D-4 through D-29.
Pursuant to Section 21081(a)(3) of the California Public Resources Code, as described below, the City has determined that specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or alternatives identified in the EIR. ❑ Substantial Evidence
Implementation of a development project could contribute to global climate change through direct emissions of GHGs from on -site area sources and vehicle trips generated by the project, and indirectly through off -site energy production required for on -site activities, water use, and waste disposal.
Because no single project is large enough to result in a measurable increase in global concentrations of GHG emissions, climate change impacts of a project are considered on a cumulative basis consistent with the requirements outlined in CEQA Guidelines Section 15064(h)(3). As discussed, incorporation of mitigation would contribute to minimizing emissions. However, implementation of the Project would still result in net annual emissions that exceed the GHG emissions significance threshold of 3,000 MTCO2e/yr. Therefore, Project -related GHG emissions and their contribution to global climate change would be cumulatively considerable, and GHG emissions impacts would be significant. (DEIR p. 4.8-59)
5.3 NOISE
5.3.1 THRESHOLD A
Impact Statement: 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.
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❑ Findings
Potential impacts of the Project related to Threshold a are discussed in detail in Section 4.13.7 of the DEIR. The Project's incremental noise level represents the difference between the Existing (baseline) conditions and the Existing plus Project Buildout conditions. 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. Both rubberized asphalt and off -site noise barriers are considered as potential noise mitigation measures to reduce the potentially significant off - site traffic noise level increases. However, due the reasons outlined below neither form of mitigation is recommended for implementation since they would not eliminate or substantially lessen the off -site traffic noise level increases at the adjacent land uses to the impacted roadway segments. No feasible mitigation measures exist to reduce Project traffic noise impacts. Impacts would remain significant and unavoidable. Pursuant to Section 21081(a)(3) of the California Public Resources Code, as described below, the City has determined that specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or alternatives identified in the EIR. ❑ Substantial Evidence
Operational Noise Impact Analysis — Off -Site Traffic Noise To evaluate off -site noise increases that could result from Project -related traffic, noise levels were modeled for the following scenarios:
• Existing (2020) plus Project Conditions
o Existing plus Project (Phase 1)
o Existing plus Project (Phase 1 + 2)
o Existing plus Project (Project Buildout)
• Opening Year Conditions
o Opening Year (2023)
• Without Project
• With Project (Phase 1)
o Opening Year (2025)
• Without Project
• With Project (Phase 1 + 2)
o Opening Year (2027)
• Without Project
• With Project (Project Buildout)
• Horizon Year (2045) Conditions
o Without Project
o With Project
The Project would result in a significant impact from operational traffic noise during Existing (2020) plus Project conditions, Opening Year (2023 and 2027) plus Project Conditions, and Horizon Year (2045) Plus Project Conditions for three roadway segments (#4, #5, and #6, listed below). Additionally, Beaumont Pointe Specific Plan Project
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during Existing (2020) plus Project conditions, the Project would result in a significant impact for roadway segment #1. Under Opening Year (2025) plus Project Conditions, the Project would result in a significant impact for one roadway segment (segment #6). Project off -site traffic noise level ranges for each of the scenarios is provided in DEIR Tables 4.13-15 to 4.13-21.
DEIR Table 4.13-22, Off -Site Traffic Incremental Noise Level Increase Summary, presents a summary of the cumulative and project incremental noise level increases presented in Table 4.13-15 to Table
4.13-21 for each of the six -study area roadway segments by traffic condition. As shown, four of the following study area roadway segments are shown to experience potentially significant off -site traffic noise level increases due to the added Project traffic. Therefore, 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)
As analyzed in DEIR Sections 4.13.10 and 4.13.11 and further discussed below, no feasible mitigation measures exist to reduce Project traffic noise impacts during Existing (2020) plus Project conditions, Opening Year (2023 and 2027) plus Project Conditions, and Horizon Year (2045) Plus Project Conditions for three roadway segments (#4, #5, and #6); and under Opening Year (2025) plus Project Conditions, for one roadway segment (segment #6).
Significant off -site traffic noise level increases identified under Existing Conditions do not have the potential to occur, since the Project will not be fully developed and occupied under existing conditions, but rather under future conditions. Additionally, Segments #4, #5, and #6 are located in industrial areas and are not located immediately adjacent to any noise sensitive land uses. This is consistent with the City's General Plan EIR that determined that buildout of the City's General Plan could result in new vehicular traffic which could exceed the FHWA thresholds and could substantially increase the ambient noise levels in the City and its SOI. The City's General Plan recognizes that an increase in noise levels will occur in industrial areas due to truck traffic. The City's General Plan goals and policies, therefore, are focused on protecting noise sensitive receptors from road noise, while encouraging timely and efficient goods movement that does not significantly contribute to noise in the City. The Project is located adjacent to the SR -60, which is identified as a Truck Priority roadway in General Plan Figure 4.9, and truck trips would be routed through an industrial area to Potrero Boulevard.
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The City incorporated a number of General Plan policies and implementation programs to reduce traffic -related noise impacts, including the following polices: 10.1.2 (enforce noise standards), 10.1.3 (protect noise sensitive uses), 10.1.4 (require noise mitigation in the design of new development),
10.1.5 (require new development to implement measures to normally compatible range), 10.1.8 (promote effective enforcement of federal, State, and City noise standards), 10.2.1 (work with Caltrans and FHA), 10.2.2 (enforce speed limits to reduce noise and enforce truck and bus routes), 10.2.3 (prohibit truck routes through neighborhoods with sensitive receptors), 10.2.4 (reduce roadway noise),
10.2.5 (traffic calming measures), 10.2.6 (encourage noise -reducing paving materials), and 10.2.7 (reduce noise generated from City -owned vehicles). Applicable implementation actions include: N2 (requirement for acoustical studies) and N5 (traffic noise assessments). Compliance with the City's General Plan policies and implementation actions would reduce impacts to the extent feasible but would remain significant and unavoidable. (DEIR, pp. 4.13-39 to 4.13-40) Rubberized Asphalt
Due to the potential noise attenuation benefits, rubberized asphalt is considered as a mitigation measure for the off -site Project -related traffic noise level increases. To reduce traffic noise levels at the noise source, Caltrans research has shown that rubberized asphalt can provide noise attenuation of approximately 4 dBA for automobile traffic noise levels. Changing the pavement type of a roadway has been shown to reduce the amount of tire/pavement noise produced at the source under both near - term and long-term conditions. Traffic noise is generated primarily by the interaction of the tires and pavement, the engine, and exhaust systems. For automobiles noise, as much as 75 to 90% of traffic noise is generated by the interaction of the tires and pavement, especially when traveling at higher and constant speeds. According to research conducted by Caltrans and the Canadian Ministry of Transportation and Highways a 4 dBA reduction in tire/pavement noise is attainable using rubberized asphalt under typical operating conditions.
The effectiveness of reducing traffic noise levels is higher on roadways with low percentages of heavy trucks, since the heavy truck engine and exhaust noise is not affected by rubberized alternative pavement due to the truck engine and exhaust stack height above the pavement itself Per Caltrans guidance, a truck stack height is modeled using a height of 11.5 feet above the road. With the primary off -site traffic noise source consisting of heavy trucks with a stack height of 11.5 feet off the ground, the tire/pavement noise reduction benefits associated rubberized asphalt will be primarily limited to autos.
While the off -site Project -related traffic noise level increases would theoretically be reduced with the 4 dBA reduction provided by rubberized asphalt, the reduction would not provide reliable benefits for the noise levels generated by heavy truck traffic. This, as previously stated, is due to the noise source height difference between automobiles and trucks. While rubberized asphalt will provide some noise reduction, this noise study recognizes that this is only effective for tire -on -pavement noise at higher speeds and would not reduce truck -related off -site traffic noise levels associated with truck engine and exhaust stacks to less than significant levels. Since the use of rubberized asphalt would not substantially lessen off -site traffic noise levels, rubberized asphalt is not proposed as mitigation for the Project and Beaumont Pointe Specific Plan Project
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the off -site Project -related traffic noise level increases at adjacent land uses under Existing Conditions would remain significant. (DEIR, p. 4.13-40)
Off -Site Noise Barriers
Since existing and future noise -sensitive receiving land uses are located adjacent to the impacted roadway segments in the Project study area, off -site noise barriers were considered in this analysis as a potential traffic noise mitigation measure to reduce the impacts. Off -site noise barriers are estimated to provide a readily perceptible 5 dBA reduction which, according to the FHWA, is simple to attain when blocking the line -of -sight from the noise source to the receiver. As previously discussed, Caltrans guidance in the Highway Design Manual, Section 1102.3(3), indicates that for design purposes, the noise barrier should intercept the line of sight from the exhaust stack of a truck to the receptor, and an
11.5 -foot -high truck stack height is assumed to represent the truck engine and exhaust noise source.
Therefore, any exterior noise barriers at receiving noise sensitive land uses experiencing Project - related traffic noise level increases would need to be high enough and long enough to block the line - of -sight from the noise source (at 11.5 feet high per Caltrans) to the receiver (at 5 feet high per FHWA guidance) in order to provide a 5 dBA reduction per FHWA guidance. Installation of a wall would be infeasible because it would require: 1) installation of a minimum 11.5 -foot wall approximately 2.75 miles along 4th Street (from the eastern project boundary to Veile Avenue) and approximately 0.25 miles along Potrero (from SR -60 to 4th Street); 2) permission from multiple landowners would need to be obtained; 3) a wall is currently constructed along Potrero from Oak Valley Parkway to SR -60; 4) installation of a wall would block views; and 5) there are no sensitive receptors along 4th Street or Potrero south of SR -60. Furthermore, the wall would not block traffic -related noise where gaps would be required for curb cuts and vehicle access.
As such, off -site noise barriers would not be feasible and would not lower the off -site traffic noise levels below a level of significance, and therefore, noise barriers are not proposed as mitigation for the Project. (DEIR, p. 4.13-41)
Summary
Both rubberized asphalt and off -site noise barriers are considered as potential noise mitigation measures to reduce the potentially significant off -site traffic noise level increases. However, due the reasons outlined above neither form of mitigation is recommended for implementation since they would not substantially lessen or eliminate the off -site traffic noise level increases at the adjacent land uses to the impacted roadway segments. Therefore, Project -related off -site traffic noise level increases are considered significant and unavoidable under Project -level and cumulative conditions. (DEIR, p.
4.13-41)
5.3.2 CUMULATIVE IMPACTS
Impact Statement: 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, as detailed in Section 5.3.1, above.
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❑ Findings
Potential cumulative impacts of the Project related to noise are discussed in detail in Section 4.13.8 of the DEIR. The Project would result in a significant impact from off -site traffic -related noise at four roadway segments (#1, #4, #5, and #6). Therefore, off -site traffic noise level increases at adjacent noise -sensitive land uses are considered a significant impact. No feasible mitigation measures exist to reduce or eliminate Project traffic noise impact and impacts would remain significant and unavoidable.
Specific economic, legal, social, technological, or other considerations, make infeasible the mitigation measures or project alternatives identified in the EIR. ❑ Substantial Evidence
The traffic -related noise analysis contained in the Noise Impact Analysis (DEIR Technical Appendix J) for Opening Year (2023, 2025, 2027) and Horizon Year (2045) was based upon the Project's Traffic Impact Analysis (DEIR Technical Appendix Kl) which considers impacts based on the addition of related projects as well as ambient growth. The percentage of ambient growth and cumulative development traffic applied to each cumulative scenario is detailed in Section 4.7 of the Traffic Analysis Report (DEIR Technical Appendix K1). As shown in DEIR Table 4.13-22, the Project's traffic -related noise impacts would be significant for four roadway segments: #1 (Potrero Boulevard south of Oak Valley Parkway); #4 (4th Street east of Potrero Boulevard); #5 (4th Street east of Veile Avenue); and #6 (4th Street west of Potrero Boulevard). Therefore, the Project's traffic -related noise impacts along study area roadway segments would be cumulatively considerable and result in a significant cumulative impact.
5.4 TRANSPORTATION
5.4.1 THRESHOLD B
Impact Statement: The Project would conflict with CEQA Guidelines Section 15064.3, subdivision (b).
❑ Findings
Potential impacts of the Project related to Threshold b are discussed in detail in Section 4.17.7 of the DEIR. 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 City finds that the above mitigation measures are feasible, are adopted, and will reduce some of the proposed Project transportation impacts attributable to trips generated by the proposed Project. However, since implementation and effectiveness of TDM measures will vary according to the tenants which are unknown at this time, the extent and effectiveness of mitigation cannot be determined. The significance determination is based on a conservative worst - case scenario whereby it is assumed that effectiveness of VMT mitigation and project design features cannot be guaranteed based on research to date and therefore, the impacts are significant and unavoidable.
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Pursuant to Section 21081(a)(3) of the California Public Resources Code the City has determined that specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures and alternatives identified in the EIR.
❑ Substantial Evidence
Since the Project does not meet any of the Project Type, Low VMT, or Transit Priority Area (TPA) screening criteria, a Project level VMT analysis was prepared to determine the Project impacts on VMT. Consistent with City VMT Guidelines, Project generated VMT includes all vehicle trips that are traced to the Project's transportation analysis zone. In addition, since the proposed Project also contains a significant amount of industrial land use, a calculation of Project VMT related to heavy -trucks has also been provided for informational purposes. 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.
DEIR Table 4.17-2, Project VMT per SP Comparison, shows the Project Baseline VMT per SP compared to the City's adopted impact threshold. As shown, the Project's baseline VMT per SP is
39.19, which would exceed the City's current VMT per service population by 45%. As such, the Project's VMT impact is potentially significant. (DEIR, pp. 4.17-14 to 4.17-16) As described in DEIR Section 4.17.10, Transportation demand management (TDM) strategies have been evaluated for reducing VMT impacts that were determined to be potentially significant. The effectiveness of TDM strategies to reduce VMT has been determined based on the SB 743 Implementation TDM Strategy Assessment (Fehr & Peers, 2019) ("WRCOG Report") prepared for WRCOG and the Quantifying Greenhouse Gas Mitigation Measures (CAPCOA, 2010). In addition to specific tenancy considerations, which may affect the effectiveness of TDM measures, land use context is a major factor relevant to the potential application and effectiveness of TDM measures. More specifically, the land use context of the Project is characteristically suburban. The analysis provided by WRCOG shows that a rural to suburban community like Beaumont without a well -developed transportation system is unlikely to achieve anywhere near a 15% reduction in VMT regardless of project -specific mitigation. The Project's suburban context acts to reduce the range of feasible TDM measures and moderates their potential effectiveness. Relevant discussion in this regard is presented in the following excerpt from the WRCOG Report:
The Technical Advisory relies on the Quantifying Greenhouse Gas Mitigation Measures, (CAPCOA) 2010 resource document to help justify the 15 percent reduction in VMT threshold stating, " . . . fifteen percent reduction in VMT are achievable at the project level in a variety of place types . . . ". A more accurate reading of the CAPCOA document is that a fifteen percent is the maximum reduction when combining multiple mitigation strategies for the suburban center place type. For suburban place types 10 percent is the maximum and requires a project to contain a diverse land use mix, Beaumont Pointe Specific Plan Project
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workforce housing, and project -specific transit. It is also important to note that the maximum percent reductions were not based on data or research comparing the actual performance of VMT reduction strategies in these place types. Instead, the percentages were derived from a limited comparison of aggregate citywide VMT performance for Sebastopol, San Rafael, and San Mateo where VMT performance ranged from 0 to 17 percent below the statewide VMT/capita average based on data collected prior to 2002. Little evidence exists about the long-term performance of similar TDM strategies in different land use contexts. As such, VMT reductions from TDM strategies cannot be guaranteed in most cases (Fehr & Peers, 2019, pp. 65-66).
Even under the most favorable circumstances, projects located within a suburban context, such as the proposed Project evaluated here, can realize a maximum 10% reduction in VMT through implementation of feasible TDM measures. This could result in reduction from 39.19 to 35.27 VMT per SP which would still exceed of the jurisdiction's current average VMT per SP threshold of 27.03 by 30.5%.
Given the City's rural/suburban land use context, the following TDM measures were identified as the most appropriate and incorporated into Mitigation Measure MM 4.17-1, below. • Diversifying land use;
• Improving pedestrian networks;
• Implementing traffic calming infrastructure;
• Building low -street bicycle network improvements;
• Encouraging telecommuting and alternative work schedules; and • Providing ride -share programs.
Consistent with VMT reduction measures described within CAPCOA and further evaluated within the WRCOG Report and City's VMT Guidelines, reductions to VMT shall include the strategies identified in Mitigation Measure MM 4.17-1. In addition to Mitigation Measure MM 4.17-1, the Project would provide pedestrian and bicycle network improvements within the development connecting to existing off -site facilities to the east along 4th Street. Additionally, Section 3.6, Energy Efficiency Development Criteria, of the Specific Plan includes the following TDM measures: car/vanpool program with preferred parking; bike lockers and secure bike racks; preferential parking spaces for car -share, carpool; and installation of electric vehicle charging stations (see DEIR pp. 3-18 to 3-19).
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 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 of providing new or re-route existing transit services to the site.
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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.
Project components and mitigation measures available to reduce VMT include: developing pedestrian network improvements, providing design features that encourage people to walk or bike instead of drive, implementing TDM measures such as those listed in Mitigation Measure MM 4.17-1, 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. Various design features are included in the Project to encourage pedestrian and bicycle activity (sidewalks and bicycle parking). Encouraging businesses to allow telecommuting and alternative work week hours and to use ridesharing programs also can reduce VMT, but the City has no jurisdictional authority to mandate the businesses practices of private enterprises. Additionally, while these measures would reduce VMT, there is no means to quantify any VMT reductions that could result, and even if VMT reductions could be quantified, it likely would not reduce impacts to less than significant.
It is also recognized that as the Project area and surrounding communities develop as envisioned under the City's General Plan (Beaumont 2040 Plan), new residential, retail, and industrial development would be implemented. These actions could collectively alter transportation patterns, improve the region's jobs/housing ratio, reduce VMT, and support implementation of new or alternative TDM measures. Additionally, the effectiveness of some of the TDM strategies that have potential to reduce the Project VMT are dependent on as yet unknown Project building tenant(s), which can change over time; and as noted above, "VMT reductions from TDM strategies cannot be guaranteed in most cases." Hence, relying on TDM programs tied to tenants would likely result in the need for on -going monitoring to verify performance Therefore, Project impacts related to VMT would be significant and unavoidable. (DEIR pp. 4.17-22 to 4.17-24)
5.4.2 CUMULATIVE IMPACTS
Impact Statement: 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%. ❑ Findings
Potential cumulative impacts of the Project related to transportation are discussed in detail in Section
4.17.8 of the DEIR. The Project would result in a significant cumulative 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 City fmds that the above mitigation measures are feasible, are adopted, and will reduce some of the proposed Project transportation impacts attributable to trips generated by the proposed Project. However, since implementation and effectiveness of TDM measures will vary according to the tenants which are unknown at this time, Beaumont Pointe Specific Plan Project
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the extent and effectiveness of mitigation cannot be determined. The significance determination is based on a conservative worst -case scenario whereby it is assumed that effectiveness of VMT mitigation and project design features cannot be guaranteed based on research to date and therefore, the impacts are significant and unavoidable. Pursuant to Section 21081(a)(3) of the California Public Resources Code, as described below, the City has determined that specific economic, legal, social, technological, or other considerations make infeasible the alternatives and mitigation measures identified in the EIR.
❑ Substantial Evidence
OPR's Technical Advisory states that "a project that falls below an efficiency -based threshold (e.g., VMT per service population) that is aligned with long-term goals and relevant plans has no cumulative impact distinct from the project impact. Accordingly, a finding of a less than significant project impact would imply a less than significant cumulative impact and vice versa. This is similar to the analysis typically conducted for greenhouse gas emissions, air quality impacts, and impacts that utilize plan compliance as a threshold of significance." Since the Project was found to have a significant and unavoidable impact at the project level, it is also considered to be cumulatively considerable and therefore to have a significant cumulative impact. (DEIR p. 4.17-21) 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.
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6.0 OTHER CEQA CONSIDERATIONS
6.1 SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES
The State CEQA Guidelines require EIRs to address any significant irreversible environmental changes that would be involved with the proposed action should it be implemented (CEQA Guidelines Section 15126.2[d]). An environmental change would fall into this category if: a) the project would involve a large commitment of non-renewable resources; b) the primary and secondary impacts of the project would generally commit future generations to similar uses; c) the project involves uses in which irreversible damage could result from environmental accidents associated with the project; or d) the proposed consumption of resources is not justified (e.g., the project results in the wasteful use of energy).
❑ Finding
The Project's potential to result in significant irreversible environmental changes are discussed in detail in Subsection 5.2 of the DEIR. Significant irreversible environmental changes have been identified, as described below. The Project would permanently alter the site by converting vacant and undeveloped property to urban uses, which would commit future generations to similar uses. Construction and long- term operation of the Project would require the commitment and reduction of nonrenewable and/or slowly renewable resources; however, nonrenewable resources are not expected to negatively impact the availability of these resources. As demonstrated in the analysis presented throughout the DEIR, implementation of the proposed Project would not result in significant and unavoidable environmental effects that cannot be feasibly reduced to below levels of significance, with the exception of significant and unavoidable impacts to air quality, greenhouse gas emissions, off -site traffic noise, and VMT impacts.
❑ Substantial Evidence
Determining whether the Project may result in significant irreversible effects requires a determination of whether key resources would be degraded or destroyed in such a way that there would be little possibility of restoring them. The Project site is currently and has historically been vacant and undeveloped, except for the eastern portion of the site that contains the paved portion of Jack Rabbit Trail. The Project would permanently alter the site by converting vacant and undeveloped property to urban uses, which would commit future generations to similar uses. This is a significant irreversible environmental change that would occur because of Project implementation.
Construction and long-term operation of the Project would require the commitment and reduction of nonrenewable and/or slowly renewable resources, including petroleum fuels and natural gas (for vehicle emissions, construction, lighting, heating, and cooling of structures) as well as lumber, sand/gravel, steel, copper, lead, and other metals (for use in building construction, piping, and roadway infrastructure). Other resources that are slow to renew and/or recover from environmental stressors would also be impacted by Project implementation, such as air quality (through the combustion of fossil fuels and production of greenhouse gases) and water supply (through the increased demands for potable water for drinking, cleaning, landscaping, and general maintenance needs). However, use of Beaumont Pointe Specific Plan Project
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nonrenewable resources is not expected to negatively impact the availability of these resources because there is adequate supply (DEIR Section 4.6, Energy). Additionally, the Project is required by law to comply with the California Green Building Standards Code (CALGreen), which will minimize the Project's demand for energy, including energy produced from non-renewable sources. Further, as indicated in DEIR Section 4.6, Energy, the Project would not result in the inefficient, wasteful, or unnecessary consumption of energy.
An increased commitment of public and utility services (e.g., police, fire, sewer, and water services) would also be required, as it is for all projects, although to less than significant extent. Project development is an irreversible commitment of the land and energy resources and building materials.
After the 50- to 75 -year structural lifespan of the building is reached, it is improbable that the site would revert to its current use due to the large capital investment that will already have been committed. (DEIR, p. 5-4)
6.2 GROWTH -INDUCING IMPACTS
CEQA requires a discussion of the ways in which the proposed Project could be growth inducing. The CEQA Guidelines identify a project as growth inducing if it would foster economic or population growth or the construction of additional housing, either directly or indirectly, in the surrounding environment (CEQA Guidelines Section15126.2[e)]).
❑ Finding
The Project's potential to result in growth -inducing impacts is discussed in detail in Subsection 5.3 of the DEIR. For the reasons described in detail below, the Project will not 1) remove obstacles to growth because the infrastructure on site is designed and sized to only serve the Project and would not extend beyond the Project site; 2) result in the need to expand one or more public services (see Section 4.15, Public Services, of the DEIR); 3) encourage or facilitate economic effects that could result in other activities that could significantly affect the environment because it would provide jobs in a housing - rich area and will improve the jobs -housing ratio and it is anticipated that workers would come from the City and nearby in the region; and 4) involve a precedent setting action that could encourage and facilitate other activities that could significantly affect the environment because the Project is limited to the Project site's boundaries and does not include any components that would indirectly affect existing or planned uses on neighboring properties . Additionally, Project development is occurring adjacent to an industrial corridor, as designated by the City. The development of the proposed commercial, industrial, and open uses on the Project site would not reasonably or foreseeably cause the redevelopment of other properties or cause development on other properties. Based on the entire record, the City finds that the Project would not directly or indirectly induce growth in the surrounding area which could result in a significant adverse effect to the environment.
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❑ Substantial Evidence
Would this project remove obstacles to growth (e.g., through the construction or extension of major infrastructure facilities that do not presently exist in the project area or through changes in existing regulations pertaining to land development)? No. While the Project would require the construction and extension of roadways and utility infrastructure to serve the development (DEIR Figure 3-8, Conceptual Circulation Plan, shows the Project's proposed circulation and roadway sizes and classifications), the Project is located at the end of a cul-de-sac, no further adjacent development is likely to occur near it, and roadway infrastructure on site is designed and sized to serve only the Project. The Project would construct four main roadways for on -site circulation -4th Street, Jack Rabbit Trail, Entertainment Avenue, and Industrial Way, with access to the Project site from 4th Street, which would be constructed from Jack Rabbit Trail at the easterly edge of the Project site to provide a looped road system around the entire site. Since all proposed roadways would be constructed on site and for the exclusive purpose of serving the proposed development, the Project would not create major new infrastructure that could result in substantial, unplanned growth or remove obstacles to population growth or facilitate additional development.
The same assessment applies to utilities which are being extended to serve the Project. Water, reclaimed water, and sewer infrastructure is currently under construction to the center line of 4th Street 350 feet east of the eastern boundary of the Project site. As shown in DEIR Figures 3-9, 3-10, and 3- 11, the proposed potable water, reclaimed water, and sewer system would connect to infrastructure lines from the Hidden Canyon Industrial Park project located immediately to the east to the Project to provide service to the Project site. The Project site is located at the end of a cul-de-sac and is surrounded by existing development to the east, the SR -60 to the north, and MSHCP conservation land to the west and to the south/southwest of the site, with rural mountainous lands directly to the south/southeast.
Therefore, infrastructure would not extend beyond the Project site and would not induce population growth. Since all proposed utility infrastructure would connect to lines at the eastern edge of the Project site and would be sized to exclusively serve the proposed development, this Project infrastructure would not directly or indirectly remove obstacles to population growth or facilitate additional development.
Would this project result in the need to expand one or more public services to maintain desired levels of service?
No. The Project would not require the expansion of existing public service facilities either to serve the Project or maintain desired levels of service. Implementation of the Project would result in an increased requirement for fire and police protection services. However, considering the existing resources available, the Project is not expected to result in the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impact. Development of the Project would not result in an increase in the population of the Project area and therefore would not increase the demand for schools, parks or libraries, which would require the construction of new or expanded public facilities. As such, implementation of the Project would not adversely affect other public facilities or require the construction of new or modified public facilities and no impact would Beaumont Pointe Specific Plan Project
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occur. If these facilities or associated resources do need to be expanded in the future to accommodate planned growth within the City, funding mechanisms are in place through existing regulations and standard practices to obtain funds from each new project in the City to contribute to future expansion which would enable to City to accommodate growth. This Project would not, therefore, have significant growth inducing consequences with respect to public services.
Would this project encourage or facilitate economic effects that could result in other activities that could significantly affect the environment?
No. A project could indirectly induce growth at the local level by increasing the demand for additional goods and services associated with the increase in project population and thus reducing or removing the barriers to further growth. This occurs in suburban or rural areas where population growth results from a project and causes an increased demand for services and commodity markets responding to the new population. This type of growth is, however, a regional phenomenon resulting from introduction of a major employment center or regionally significant housing project. For example, additional commercial uses may be drawn to the area by the increased number of residents in the area because of a project.
While economic growth is expected to take place as a result of Project implementation from construction jobs, visitors to the commercial uses, and employees generated by the Project, it is anticipated that they will be drawn from the City and nearby and will not result in unplanned population growth within the City. The Project's employees (short-term construction and long-term operational) and visitors would likely be from the region and purchase goods and services from the Project.
As shown in DEIR Table 4.14-1, the City's population and employment has grown steadily over the past decades. As discussed in Section 4.14, Population and Housing, by 2045, the City is anticipated to have a population of 80,200 residents according to SCAG's Connect SoCal and 131,949 by 2040 based on City's estimates. Similarly, SCAG forecasted 15,900 jobs in the City by the year 2045 and the City's General Plan forecasted 21,497 jobs within the City limits (exceeding SCAG forecasts) and 16,727 jobs within the SOI, totaling 38,224 jobs within the City and its SOI by 2040 (City of Beaumont, 2020b). The Project's proposed 5,456 total jobs were anticipated by the City's General Plan and represent approximately 33% of the anticipated jobs within the City's SOI and approximately 14% of the City's total job pool. Therefore, the Project's employment is within both SCAG and City growth forecasts and would contribute to a more balanced job -housing ratio (see DEIR Table 4.14-4). The Project, therefore, is not growth inducing.
The extent to which the new jobs created by a project are filled by existing residents makes a project not growth -inducing. Project construction would require temporary design, engineering, and construction -related jobs. It is anticipated that workers would come from the City and nearby in the region and would not relocate to the City. This would last until Project construction is completed. At Beaumont Pointe Specific Plan Project
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full -Project build out, the Project is estimated to generate approximately 5,456 permanent jobs." Employees would come from within the City or the surrounding region because there is an imbalance of jobs and housing in Western Riverside County and the jobs that an industrial and commercial project in the region is likely to provide would be consistent with the job skills of residents in the area. For example, according to SCAG's Pre -Certified Local Housing Data, Beaumont has 19,385 workers living within its borders who work across 13 major industrial sectors. The most prevalent industry is Education & Social Services with 5,714 employees (29.5% of total) and the second most prevalent industry is Retail trade with 2,593 employees (13.4% of total). Additionally, the Construction industry has 1,071 employees (0.06% of total) and the Manufacturing industry has 1,483 employees (0.08% of total). (SCAG, 2021b) The Project's employment generation would not induce substantial growth in the area because the Project would result in service -oriented and industrial -oriented jobs, which are jobs that are anticipated to be filled by residents of the City and surrounding area.
According to the Bureau of Labor Statistics (BLS), in August 2021, the Riverside -San Bernardino - Ontario region's civilian labor force has an unemployment rate of 7.6% (or 159,300 persons) (BLS, 2021), well above average for the state. Accordingly, the Riverside -San Bernardino -Ontario region contains an ample supply of potential employees and the Project's labor demand is not expected to draw a substantial number of new, unplanned residents to the area. Furthermore, approximately 91.1% of Beaumont residents commute outside of the City for work and more housing units are expected to be built within the City over the next 20 years. The Project would provide job opportunities close to home for Beaumont residents, which would subsequently help achieve a better job -to -housing balance within the City.
In summary, because it is anticipated that most of the Project's future employees would already be living in the City or the surrounding areas, the Project's introduction of employment opportunities on the Project site would not induce substantial unplanned growth in the area.
Would approval of this project involve some precedent setting action that could encourage and facilitate other activities that could significantly affect the environment? No. The Beaumont General Plan Land Use and Community Design Element designates the Project site as Rural Residential The Project Applicant's proposed General Plan Amendment (GPA) PLAN2019- 0284 would amend the City's General Plan Land Use Map to modify the land use designations for the Project site from "Rural Residential" to "Industrial (I)," "General Commercial (GC)," "Open Space (OS)," and "Open Space -Conservation (OS -C)." The Project Applicant also proposes to annex and incorporate the Project site into the City. As such, the Project Applicant is proposing Pre -Zone PLAN2019-0283 to amend the City's Zoning Map to include the Project site and classify the Project site as "Specific Plan (Beaumont Pointe Specific Plan)". The Project is limited to the Project site's boundaries and does not include any components that would indirectly affect existing or planned uses on neighboring properties. Project development is occurring adjacent to an industrial corridor, as " Based on standard employment factors in the City's General Plan. Specifically, 1,000 s.f./employee for 4,500,000 s.f. Industrial Warehouse, 750 s.f./employee for 500,000 s.f. General Light Industrial, and 1,163 s.f./employee for 336,000 s.f. of Commercial.
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designated by the City. The development of the proposed commercial, industrial, and open uses on the Project site would not reasonably or foreseeably cause the redevelopment of other properties or cause development on other properties.
Furthermore, the Project's potential influence on other nearby properties to redevelop at greater intensities and/or different uses than the City's General Plan and Zoning Code allow is speculative; however, it should be noted that implementation of the Project would not result in the approval of proposed uses on any other property outside of the Project site. CEQA does not require the analysis of speculative effects (State CEQA Guidelines Section 151454). If any other property owner were to propose development of a property in the Project vicinity or in any part of the City, the development project would require evaluation under CEQA based on its own merits.
The operation and maintenance of the Project would generate jobs, but any potential growth -inducing impact of the employment of persons at the Project site was accounted for in the City's General Plan, as the Project's proposed 5,456 total jobs represent approximately 33% of the anticipated jobs within the City's SOI and approximately 14% of the City's total job pool. Accordingly, the Project would not directly or indirectly promote growth either at the Project site or at the adjacent and surrounding properties that were not accounted for in the City's General Plan. Upon the approval of the General Plan Amendment, Pre -Zone, Specific Plan, VTPM, and Development Agreement for the Project, the Project would be consistent with the existing General Plan land use designation and Zoning classification for the Project site. (DEIR, pp. 5-5 to 5-8).
Beaumont Pointe Specific Plan Project
Facts and Findings and Statement of Overriding Considerations
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7.0 ALTERNATIVES
7.4.1 ALTERNATIVES CONSIDERED AND REJECTED
An EIR is required to identify any alternatives that were considered by the Lead Agency but were rejected. Factors described by CEQA Guidelines Section 15126.6 in determining whether to exclude alternatives from detailed consideration in the EIR include: a) failure to meet most of the basic project objectives, b) infeasibility, or c) inability to avoid or substantially lessen one or more significant environmental impacts. The Project's significant impacts that cannot be mitigated to less than significant are: air quality, greenhouse gas emissions, noise, and VMT.
With respect to the feasibility of potential alternatives to the proposed Project, CEQA Guidelines Section 15126.6(f)(1) provides:
"Among the factors that may be taken into account when addressing the feasibility of alternatives are site suitability, economic viability, availability of infrastructure, general plan consistency, other plans or regulatory limitations, jurisdictional boundaries ...and whether the proponent can reasonably acquire, control or otherwise have access to the alternative site..." In determining a range of reasonable alternatives to be evaluated in the EIR, a number of possible alternatives were initially considered and, for a variety of reasons, rejected. Alternatives were rejected because either: 1) they could not accomplish the basic objectives of the Project, 2) they would not have avoided or substantially lessened significant adverse environmental impacts, or 3) they were considered infeasible to construct or operate. Alternatives that were considered but rejected are described below.
Alternative Sites
CEQA does not require that an analysis of alternate sites always be included in an EIR. The key question and first step in the analysis is whether any of the significant effects of the project would be avoided or substantially lessened by putting the project in another location. Only locations that would avoid or substantially lessen any of the significant effects of the project need be considered for inclusion in the EIR (CEQA Guidelines Section 15126.6(f)(2)(A)). In addition, an alternative site need not be considered when implementation is "remote and speculative," such as when the alternative site is beyond the control of a project applicant.
The Project proposes to develop an approximately 539.9 -acre site with a maximum of 246,000 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 Applicant has ownership and control over the Project site, and the Project site's location in proximity to SR -60, which provides direct access to the regional transportation network, connecting the site to the Ports of Long Beach and Los Angeles, adjacent to an existing industrial development (under construction) and away from residential uses is conducive to industrial and commercial development.
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There are no alternative sites within the City or its sphere of influence that are similarly sized that would be suitable for industrial and commercial uses proposed by the Project. Other developable land within the City would either require a general plan amendment and zone change or would place industrial and commercial uses closer to established residential communities. Additionally, the Project Applicant does not own or control another suitable site that would achieve the underlying purpose and objectives of the Project. Moreover, an alternative site would not result in reduction of significant impacts.
Given the size and type of the proposed development, a similarly sized project and land use elsewhere in the South Coast Air Basin would result in the same or greater project -level and cumulative air quality, GHG emission, and transportation impacts. Significant unavoidable regional air quality and GHG emission impacts of the Project relate primarily to mobile emissions during operation and are not site specific; therefore, relocation of the Project would not substantially reduce these impacts whether located elsewhere in the City or region. The Project's location is preferrable for industrial and commercial development to other areas of the City because of its proximity to 1) the regional transportation network and major infrastructure, reducing vehicle miles traveled; and 2) within an industrial corridor separated from sensitive receptors (e.g. residential uses, schools, etc.), reducing potential located air quality and associated health risk impacts to surrounding neighborhoods.
Therefore, analysis of an alternative site for the Project is neither meaningful nor necessary, because the significant impacts resulting from the Project would not be avoided or substantially lessened by its implementation in an alternate location.
As a result, this alternative was rejected from further consideration in the DEIR. (DEIR, pp. 6-5 to 6- 6)
All -Commercial Alternative
The All -Commercial Only Alternative would propose the Project site for regional commercial uses only. This was considered as an alternative land use that met or partially met some basic Project objectives. Namely, the All -Commercial Alternative would have the ability to minimize the demand for water resources in support of Objective I and partially meet the following Project Objectives:
• Objective 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. • Objective D. Creating new job opportunities within the City of Beaumont to improve and maximize the jobs to housing balance within the City and reduce the need for members of the existing local workforce to commute long distances.
• Objective 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.
Beaumont Pointe Specific Plan Project
Facts and Findings and Statement of Overriding Considerations