Agenda packet — Beaumont City Council, February 18, 2025 (part 3 of 13)

Page 274 of 1627 ends

Bioretention Facilities should however not be used downstream of areas where large amounts of sediment can clog the system. Placing a Bioretention Facility at the toe of a steep slope should also be avoided due to the potential for clogging the engineered soil media with erosion from the slope, as well as the potential for damaging the vegetation.

Design and Sizing Criteria
The recommended cross section necessary for a Bioretention Facility includes:
• Vegetated area
• 18' minimum depth of engineered soil media
• 12' minimum gravel layer depth with 6' perforated pipes (added flow control features such as orifice plates may be required to mitigate for HCOC conditions) G M INIM1UM1 TOP WIDTH
2 VARIES 2
;DEPTH t SIDE SLOPE)

SLOTTED CURB

GRAVEL PAD

PARKING OR DRIVE AISLE (TYP)
18" - 36"

ENGINEERED

SOIL MEDIA

PERFORATED PIPE
RETAINING V.•ALL TYPE 1A PER
CALTRANS STANDARD B3-3 CR

ENGINEERED ALTERNATIVE BASED

ON GEOTECHNICAL PARAMETERS
2 MINIMUM
.:DEPTH ;4 SIDE SLOPE:

PONDING DEPTH
6" MAXIMUM
MATURE I EGETATION • -_'•
AND 2-3" MULCH LAYER

TIE SUBDRAIN INTO INLET
CALTRANS D73 TYPE G-1 OR
FUNCTIONAL Ei IJIVALENT

DROP INLET

PARKING OR DRIVE AISLE (TYP)
While the 18 -inch minimum engineered soil media depth can be used in some cases, it is recommended to use 24 inches or a preferred 36 inches to provide an adequate root zone for the chosen plant palate. Such a design also provides for improved removal effectiveness for nutrients. The recommended ponding depth inside of a Bioretention Facility is 6 inches; measured from the flat bottom surface to the top of the water surface as shown in Figure 1.

Because this BMP is filled with an engineered soil media, pore space in the soil and gravel layer is assumed to provide storage volume. However, several considerations must be noted:
• Surcharge storage above the soil surface (6 inches) is important to assure that design flows do not bypass the BMP when runoff exceeds the soil's absorption rate. • In cases where the Bioretention Facility contains engineered soil media deeper than 36 inches, the pore space within the engineered soil media can only be counted to the 36 - inch depth.
• A maximum of 30 percent pore space can be used for the soil media whereas a maximum of 40 percent pore space can be use for the gravel layer.

Riverside County - Low Impact Development BMP Design Handbook rev. 2/2012

Page 2 ends

Page 275 of 1627 ends

Figure 1: Standard Layout for a Bioretention Facility

BIORETENTION FACILITY BMP FACT SHEET
Engineered Soil Media Requirements
The engineered soil media shall be comprised of 85 percent mineral component and 15 percent organic component, by volume, drum mixed prior to placement. The mineral component shall be a Class A sandy loam topsoil that meets the range specified in Table 1 below. The organic component shall be nitrogen stabilized compost', such that nitrogen does not leach from the media.

Tab e 1: Mineral Component Range Requirements
Percent Range
Component
70-80
Sand
15-20
Silt
5-10
Clay
The trip ticket, or certificate of compliance, shall be made available to the inspector to prove the engineered mix meets this specification.

Vegetation Requirements
Vegetative cover is important to minimize erosion and ensure that treatment occurs in the Bioretention Facility. The area should be designed for at least 70 percent mature coverage throughout the Bioretention Facility. To prevent the BMP from being used as walkways, Bioretention Facilities shall be planted with a combination of small trees, densely planted shrubs, and natural grasses. Grasses shall be native or ornamental; preferably ones that do not need to be mowed. The application of fertilizers and pesticides should be minimal. To maintain oxygen levels for the vegetation and promote biodegradation, it is important that vegetation not be completely submerged for any extended period of time. Therefore, a maximum of 6 inches of ponded water shall be used in the design to ensure that plants within the Bioretention Facility remain healthy.

A 2 to 3 -inch layer of standard shredded aged hardwood mulch shall be placed as the top layer inside the Bioretention Facility. The 6 -inch ponding depth shown in Figure 1 above shall be measured from the top surface of the 2 to 3 -inch mulch layer.

Curb Cuts
To allow water to flow into the Bioretention Facility, 1 -foot -wide (minimum) curb cuts should be placed approximately every 10 feet around the perimeter of the Bioretention Facility. Figure 2 shows a curb cut in a Bioretention Facility. Curb cut flow lines must be at or above the VBMP water surface level.

For more information on compost, visit the US Composting Council website at: http://compostingcouncil.org/ Riverside County - Low Impact Development BMP Design Handbook rev. 2/2012

Page 3 ends

Page 276 of 1627 ends

BIORETENTION FACILITY BMP FACT SHEET
Figure 2: Curb Cut located in a Bioretention Facility
To reduce erosion, a gravel pad shall be placed
at each inlet point to the Bioretention Facility.

The gravel should be 1- to 1.5 -inch diameter in
size. The gravel should overlap the curb cut
opening a minimum of 6 inches. The gravel pad
inside the Bioretention Facility should be flush
with the finished surface at the curb cut and
extend to the bottom of the slope.

In addition, place an apron of stone or concrete,
a foot square or larger, inside each inlet to
prevent vegetation from growing up and
blocking the inlet. See Figure 3.
4o
Figure 3: Apron located in a Bioretention Facility
Terracing the Landscaped Filter Basin
It is recommended that Bioretention Facilities be level. In the event the facility site slopes and lacks proper design, water would fill the lowest point of the BMP and then discharge from the basin without being treated. To ensure that the water will be held within the Bioretention Facility on sloped sites, the BMP must be terraced with nonporous check dams to provide the required storage and treatment capacity.

The terraced version of this BMP shall be used on non -flat sites with no more than a 3 percent slope. The surcharge depth cannot exceed 0.5 feet, and side slopes shall not exceed 4:1. Table 2 below shows the spacing of the check dams, and slopes shall be rounded up (i.e., 2.5 percent slope shall use 10' spacing for check dams).

Table 2: Check Dam Spacing
6" Check Dam
Slope
Spacing
Spacing
1%
25'
2%
15'
3%
10'
Riverside County - Low Impact Development BMP Design Handbook rev. 2/2012

Page 4 ends

Page 277 of 1627 ends

BIORETENTION FACILITY BMP FACT SHEET
Roof Runoff
Roof downspouts may be directed towards Bioretention Facilities. However, the downspouts must discharge onto a concrete splash block to protect the Bioretention Facility from erosion.

Retaining Walls
It is recommended that Retaining Wall Type 1A, per Caltrans Standard B3-3 or equivalent, be constructed around the entire perimeter of the Bioretention Facility. This practice will protect the sides of the Bioretention Facility from collapsing during construction and maintenance or from high service loads adjacent to the BMP. Where such service loads would not exist adjacent to the BMP, an engineered alternative may be used if signed by a licensed civil engineer.

Side Slope Requirements
Bioretention Facilities Requiring Side Slopes
The design should assure that the Bioretention Facility does not present a tripping hazard.

Bioretention Facilities proposed near pedestrian areas, such as areas parallel to parking spaces or along a walkway, must have a gentle slope to the bottom of the facility. Side slopes inside of a Bioretention Facility shall be 4:1. A typical cross section for the Bioretention Facility is shown in Figure 1.

Bioretention Facilities Not Requiring Side Slopes
Where cars park perpendicular to the Bioretention Facility, side slopes are not required. A 6 - inch maximum drop may be used, and the Bioretention Facility must be planted with trees and shrubs to prevent pedestrian access. In this case, a curb is not placed around the Bioretention Facility,
but wheel stops shall be used to prevent vehicles from entering the Bioretention Facility, as shown in Figure 4.

VARIES
WHEELSTOP {AS NEEDED}
PARKING {TYPY

ENGI NEERED
SOIL F.IEDIA
L
PETAINING ':`, ALL TYPE LA F'ER
CALTF:AN`: STANDAPD• E' -F. OR
EFJ•GINEEPE[ ALT EPNATI'.'EBASED
ON •GEOTE•CHNI•CAL PAPAF.IETERS
2MINIMUM

PONDING DEPTH
6" MAXIMUM
V' 1-4 \\VNVT
"5-' PERFORATED FIFE-
.• MATURE VEGETATION
-.AND 2-3" MULCH LAYER •

TIESUBDRAIN

INTO INLET
CALTRANS D7 F TYPE G-1 OP FUNCTIONAL

EQUIVALENT DROP INLET
WHEELSTOP AS NEEDED}
PARKING {TYP}
Riverside County - Low Impact Development BMP Design Handbook

Page 5 ends

Page 278 of 1627 ends

rev. 2/2012

BIORETENTION FACILITY BMP FACT SHEET
Planter Boxes
Bioretention Facilities can also be placed above ground as planter boxes. Planter boxes must have a minimum width of 2 feet, a maximum surcharge depth of 6 inches, and no side slopes are necessary. Planter boxes must be constructed so as to ensure that the top surface of the engineered soil media will remain level. This option may be constructed of concrete, brick, stone or other stable materials that will not warp or bend. Chemically treated wood or galvanized steel, which has the ability to contaminate stormwater, should not be used. Planter boxes must be lined with an impermeable liner on all sides, including the bottom. Due to the impermeable liner, the inside bottom of the planter box shall be designed and constructed with a cross fall, directing treated flows within the subdrain layer toward the point where subdrain exits the planter box, and subdrains shall be oriented with drain holes oriented down. These provisions will help avoid excessive stagnant water within the gravel underdrain layer. Similar to the in -ground Bioretention Facility versions, this BMP benefits from healthy plants and biological activity in the root zone. Planter boxes should be planted with appropriately selected vegetation.

Figure 5: Planter Box
Source: LA Team Effort
Overflow
An overflow route is needed in the Bioretention Facility design to bypass stored runoff from storm events larger than VBMP or in the event of facility or subdrain clogging. Overflow systems must connect to an acceptable discharge point, such as a downstream conveyance system as shown in Figure 1 and Figure 4. The inlet to the overflow structure shall be elevated inside the Bioretention Facility to be flush with the ponding surface for the design capture volume (VBMP) as shown in Figure 4. This will allow the design capture volume to be fully treated by the Bioretention Facility, and for larger events to safely be conveyed to downstream systems. The overflow inlet shall not be located in the entrance of a Bioretention Facility, as shown in Figure

6. Riverside County - Low Impact Development BMP Design Handbook rev. 2/2012

Page 6 ends

Page 279 of 1627 ends

BIORETENTION FACILITY BMP FACT SHEET
Underdrain Gravel and Pipes
An underdrain gravel layer and pipes shall be provided in accordance with Appendix B — Underdrains.

Figure 6: Incorrect Placement of an Overflow Inlet.

Inspection and Maintenance Schedule
The Bioretention Facility area shall be inspected for erosion, dead vegetation, soggy soils, or standing water. The use of fertilizers and pesticides on the plants inside the Bioretention Facility should be minimized.

Schedul
Activity
Ongoing
• Keep adjacent landscape areas maintained. Remove clippings from landscape maintenance activities.
• Remove trash and debris
• Replace damaged grass and/or plants
• Replace surface mulch layer as needed to maintain a 2-3 inch soil cover.

After storm events • Inspect areas for ponding
Annually
• Inspect/clean inlets and outlets
Riverside County - Low Impact Development BMP Design Handbook rev. 2/2012

Page 7 ends

Page 280 of 1627 ends

Bioretention Facility Design Procedure
1) Enter the area tributary, AT, to the Bioretention Facility. 2) Enter the Design Volume, VgMp, determined from Section 2.1 of this Handbook. 3) Select the type of design used. There are two types of Bioretention Facility designs: the standard design used for most project sites that include side slopes, and the modified design used when the BMP is located perpendicular to the parking spaces or with planter boxes that do not use side slopes.
4) Enter the depth of the engineered soil media, ds. The minimum depth for the engineered soil media can be 18' in limited cases, but it is recommended to use 24' or a preferred 36' to provide an adequate root zone for the chosen plant palette. Engineered soil media deeper than 36' will only get credit for the pore space in the first 36'. 5) Enter the top width of the Bioretention Facility.
dE (ft) =
6) Calculate the total effective depth, dE, within the Bioretention Facility. The maximum allowable pore space of the soil media is 30% while the maximum allowable pore space for the gravel layer is 40%. Gravel layer deeper than 12' will only get credit for the pore space in the first 12'.
5v,1
T
4dE
ViAt
5,••:' T - U 4d p
id,
• Engineered soil media with 34% pore space.:
a. For the design with side slopes the following equation shall be used to determine the total effective depth. Where, dp is the depth of ponding within the basin.

0.3 x [(wT(ft) x ds(ft)) + 4(dp(ft))21 + 0.4 x 1(ft) + dp(ft)[4dp(ft) + (wT(ft) — 8dp(ft))] wT (ft)
This above equation can be simplified if the maximum ponding depth of 0.5' is used. The equation below is used on the worksheet to find the minimum area required for the Bioretention Facility:
dE (ft) = (0.3 x ds(ft) + 0.4 x 1(ft))

0.7 (ft2)
+ 0.5(ft)
WT (ft)
Riverside County - Low Impact Development BMP Design Handbook rev. 2/2012

Page 8 ends

Page 281 of 1627 ends

b. For the design without side slopes the following equation shall be used to determine the total effective depth:
dE(ft) = dE(ft) + [(0.3) x ds(ft) + (0.4) x 1(ft)]
The equation below, using the maximum ponding depth of 0.5', is used on the worksheet to find the minimum area required for the Bioretention Facility:
dE(ft) = 0.5 (ft) + [(0.3) x ds(ft) + (0.4) x 1(ft)]
7) Calculate the minimum surface area, AM, required for the Bioretention Facility. This does not include the curb surrounding the Bioretention Facility or side slopes.

AM(ft2) _ VBMP(ft3)
dE (ft)
8) Enter the proposed surface area. This area shall not be less than the minimum required surface area.
9) Verify that side slopes are no steeper than 4:1 in the standard design, and are not required in the modified design.
10) Provide the diameter, minimum 6 inches, of the perforated underdrain used in the Bioretention Facility. See Appendix B for specific information regarding perforated pipes.
11) Provide the slope of the site around the Bioretention Facility, if used. The maximum slope is 3 percent for a standard design.
12) Provide the check dam spacing, if the site around the Bioretention Facility is sloped. 13) Describe the vegetation used within the Bioretention Facility.

Riverside County - Low Impact Development BMP Design Handbook rev. 2/2012

Page 9 ends

Page 282 of 1627 ends

References Used to Develop this Fact Sheet
Anderson, Dale V. "Landscaped Filter Basin Soil Requirements." Riverside, May 2010.

California Department of Transportation. CalTrans Standard Plans. 15 September 2005. May 2010 http://www.dot.ca.gov/hq/esc/oe/project_plans/HTM/stdpins-met-new99.htm >.

Camp Dresser and McKee Inc.; Larry Walker Associates. California Stormwater Best Management Practice Handbook for New Development and Redevelopment. California Stormwater Quality Association (CASQA), 2004.

Contra Costa Clean Water Program. Stormwater Quality Recuirements for Development Applications. 3rd Edition. Contra Costa, 2006.

County of Los Angeles Public Works. Stormwater Best Management Practice Design and Maintenance Manual. Los Angeles, 2009.

Kim, Hunho, Eric A. Seagren and Allen P. Davis. "Engineered Bioretention for Removal of Nitrate from Stormwater Runoff." Water Environment Research 75.4 (2003): 355-366.

LA Team Effort. LA Team Effort: FREE Planter Boxes for Businesses. 2 November 2009. May 2010 http://lateameffort.blogspot.com/2009/11/free-planter-boxes-for-businesses-est.html >.

Montgomery County Maryland Department of Permitting Services Water Resources Section.

Biofiltration (BF). Montgomery County, 2005.

Program, Ventura Countywide Stormwater Quality Management. Technical Guidance Manual for Stormwater Quality Control Measures. Ventura, 2002.

United States Environmental Protection Agency. Storm Water Technology Fact Sheet Bioretention. Washington D.C, 1999.

Urban Drainage and Flood Control District. Urban Storm Drainage Criteria Manual Volume 3 - Best Management Practices. Vol. 3. Denver, 2008. 3 vols.

Urbonas, Ben R. Stormwater Sand Filter Sizing and Design: A Unit Operations Approach. Denver:

Urban Drainage and Flood Control District, 2002.

Riverside County - Low Impact Development BMP Design Handbook rev. 2/2012

Page 10 ends

Page 283 of 1627 ends

Appendix 7: Hydromodification
Supporting Detail Relating to Hydrologic Conditions of Concern - 37 -

Page 284 of 1627 ends

Appendix 8: Source Control
Pollutant Sources/Source Control Checklist
- 38 -

Page 285 of 1627 ends

STORMWATER POLLUTANT SOURCES/SOURCE CONTROL CHECKLIST
How to use this worksheet (also see instructions in Section G of the WQMP Template):

1. Review Column 1 and identify which of these potential sources of stormwater pollutants apply to your site. Check each box that applies.

2. Review Column 2 and incorporate all of the corresponding applicable BMPs in your WQMP Exhibit.

3. Review Columns 3 and 4 and incorporate all of the corresponding applicable permanent controls and operational BMPs in your WQMP. Use the format shown in Table G.1 on page 23 of this WQMP Template. Describe your specific BMPs in an accompanying narrative, and explain any special conditions or situations that required omitting BMPs or substituting alternative BMPs for those shown here.

IF THESE SOURCES WILL BE
ON THE PROJECT SITE ...
... THEN YOUR WQMP SHOULD INCLUDE THESE SOURCE CONTROL BMPs, AS APPLICABLE 1 Potential Sources of
Runoff Pollutants
2 Permanent Controls —Show on
WQMP Drawings
3 Permanent Controls —List in WQMP
Table and Narrative
4 Operational BMPs—Include in WQMP
Table and Narrative
XI A. On -site storm drain
inlets
❑ Locations of inlets.
($ Mark all inlets with the words
"Only Rain Down the Storm
Drain" or similar. Catch Basin
Markers may be available from the
Riverside County Flood Control
and Water Conservation District,
call 951.955.1200 to verify.
a Maintain and periodically repaint or
replace inlet markings.
a Provide stormwater pollution
prevention information to new site
owners, lessees, or operators.
a See applicable operational BMPs in
Fact Sheet SC -44, "Drainage System
Maintenance," in the CASQA
Stormwater Quality Handbooks at
www.cabmphandbooks.com
Ct Include the following in lease
agreements: "Tenant shall not allow
anyone to discharge anything to storm
drains or to store or deposit materials
so as to create a potential discharge to
storm drains."
❑ B. Interior floor drains
and elevator shaft sump
pumps
❑ State that interior floor drains and
elevator shaft sump pumps will be
plumbed to sanitary sewer.
❑ Inspect and maintain drains to prevent
blockages and overflow.
❑ C. Interior parking
garages
❑ State that parking garage floor
drains will be plumbed to the
sanitary sewer.
❑ Inspect and maintain drains to prevent
blockages and overflow.

Page 286 of 1627 ends

STORMWATER POLLUTANT SOURCES/SOURCE CONTROL CHECKLIST

ZI D2. Landscape/
Outdoor Pesticide Use
❑ Show locations of native trees or
areas of shrubs and ground cover to
be undisturbed and retained.
❑ Show self -retaining landscape
areas, if any.
a Show stormwater treatment and
hydrograph modification
management BMPs. (See
instructions in Chapter 3, Step 5
and guidance in Chapter 5.)
State that final landscape plans will
accomplish all of the following.
❑ Preserve existing native trees,
shrubs, and ground cover to the
maximum extent possible.

Q Design landscaping to minimize
irrigation and runoff, to promote
surface infiltration where
appropriate, and to minimize the
use of fertilizers and pesticides that
can contribute to stormwater
pollution.
❑ Where landscaped areas are used to
retain or detain stormwater, specify
plants that are tolerant of saturated
soil conditions.
at Consider using pest -resistant
plants, especially adjacent to
hardscape.
3 To insure successful establishment,
select plants appropriate to site
soils, slopes, climate, sun, wind,
rain, land use, air movement,
ecological consistency, and plant
interactions.

CI Maintain landscaping using minimum
or no pesticides.
a1 See applicable operational BMPs in
"What you should know
for.....Landscape and Gardening" at
http://rcflood.org/stormwater/Error !
Hyperlink reference not valid.
a Provide IPM information to new
owners, lessees and operators.

Page 287 of 1627 ends

STORMWATER POLLUTANT SOURCES/SOURCE CONTROL CHECKLIST

IF THESE SOURCES WILL BE
ON THE PROJECT SITE ...
... THEN YOUR WQMP SHOULD INCLUDE THESE SOURCE CONTROL BMPs, AS APPLICABLE 1 Potential Sources of
Runoff Pollutants
2 Permanent Controls —Show on
WQMP Drawings
3 Permanent Controls —List in WQMP
Table and Narrative
4 Operational BMPs—Include in WQMP
Table and Narrative
Cl E. Pools, spas, ponds,
decorative fountains,
and other water
features.
❑ Show location of water feature and
a sanitary sewer cleanout in an
accessible area within 10 feet.
(Exception: Public pools must be
plumbed according to County
Department of Environmental
Health Guidelines.)
If the Co-Permittee requires pools
to be plumbed to the sanitary
sewer, place a note on the plans
and state in the narrative that this
connection will be made according
to local requirements.
❑ See applicable operational BMPs in
"Guidelines for Maintaining Your
Swimming Pool, Jacuzzi and Garden
Fountain" at
http://rcflood.org/stormwater/
❑ F. Food service
❑ For restaurants, grocery stores, and
other food service operations, show
location (indoors or in a covered
area outdoors) of a floor sink or
other area for cleaning floor mats,
containers, and equipment.
❑ On the drawing, show a note that
this drain will be connected to a
grease interceptor before
discharging to the sanitary sewer.
❑ Describe the location and features
of the designated cleaning area.
❑ Describe the items to be cleaned in
this facility and how it has been
sized to insure that the largest
items can be accommodated.
❑ See the brochure, "The Food Service
Industry Best Management Practices for:

Restaurants, Grocery Stores,
Delicatessens and Bakeries" at
http://rcflood.org/stormwater/
Provide this brochure to new site
owners, lessees, and operators.

M G. Refuse areas
a. Show where site refuse and
recycled materials will be handled
and stored for pickup. See local
municipal requirements for sizes
and other details of refuse areas.
a If dumpsters or other receptacles
are outdoors, show how the
designated area will be covered,
graded, and paved to prevent run-
on and show locations of berms to
prevent runoff from the area.

Any drains from dumpsters,
compactors, and tallow bin areas
shall be connected to a grease
removal device before discharge to
sanitary sewer.
ail State how site refuse will be
handled and provide supporting
detail to what is shown on plans.

State that signs will be posted on or
near dumpsters with the words "Do
not dump hazardous materials
here" or similar.
a State how the following will be
implemented:

Provide adequate number of
receptacles. Inspect receptacles
regularly; repair or replace leaky
receptacles. Keep receptacles covered.

Prohibit/prevent dumping of liquid or
hazardous wastes. Post "no hazardous
materials" signs. Inspect and pick up
litter daily and clean up spills
immediately. Keep spill control
materials available on -site. See Fact
Sheet SC -34, "Waste Handling and
Disposal" in the CASQA Stormwater
Quality Handbooks at
www.cabmphandbooks.com

Page 288 of 1627 ends

STORMWATER POLLUTANT SOURCES/SOURCE CONTROL CHECKLIST

Xi If industrial processes are to be
located on site, state: "All process
activities to be performed indoors.
lii See Fact Sheet SC -10, "Non -
Stormwater Discharges" in the
CASQA Stormwater Quality
No processes to drain to exterior or
to storm drain system."
Handbooks at
www.cabmphandbooks.com
See the brochure "Industrial &
Commercial Facilities Best Management
Practices for: Industrial, Commercial
Facilities" at
http://rcflood.org/stormwater/

Page 289 of 1627 ends

STORMWATER POLLUTANT SOURCES/SOURCE CONTROL CHECKLIST

Include a detailed description of
materials to be stored, storage
areas, and structural features to
prevent pollutants from entering
storm drains.

Where appropriate, reference
documentation of compliance with
the requirements of Hazardous
Materials Programs for:
• Hazardous Waste Generation
• Hazardous Materials Release
Response and Inventory
• California Accidental Release
(CaIARP)
• Aboveground Storage Tank
• Uniform Fire Code Article 80
Section 103(b) & (c) 1991
• Underground Storage Tank
www.cchealth.org/groups/hazmat
❑ See the Fact Sheets SC -31, "Outdoor
Liquid Container Storage" and SC -33,
"Outdoor Storage of Raw Materials "
in the CASQA Stormwater Quality
Handbooks at
�ww•cabmphandbooks.com
1

Page 290 of 1627 ends

STORMWATER POLLUTANT SOURCES/SOURCE CONTROL CHECKLIST

Sources of Runoff Pollutants categories
below. Brochure can be found at
http://rcflood.org/stormwater/
❑Car dealerships and similar may
rinse cars with water only.
(3) Washing areas for cars, vehicles,
and equipment shall be paved,
designed to prevent run-on to or
runoff from the area, and plumbed
to drain to the sanitary sewer.
(4) Commercial car wash facilities
shall be designed such that no
runoff from the facility is
discharged to the storm drain
system. Wastewater from the
facility shall discharge to the
sanitary sewer, or a wastewater
reclamation system shall be
installed.

Page 291 of 1627 ends

STORMWATER POLLUTANT SOURCES/SOURCE CONTROL CHECKLIST

IF THESE SOURCES WILL BE
ON THE PROJECT SITE ...
... THEN YOUR WQMP SHOULD INCLUDE THESE SOURCE CONTROL BMPs, AS APPLICABLE 1 2
3 4
Potential Sources of
Permanent Controls —Show on
Permanent Controls —List in WQMP
Operational BMPs—Include in WQMP
Runoff Pollutants
WQMP Drawings
Table and Narrative
Table and Narrative
❑ K. Vehicle/Equipment
❑ Accommodate all vehicle
❑ State that no vehicle repair or
In the Stormwater Control Plan, note
Repair and
equipment repair and maintenance
maintenance will be done outdoors,
that all of the following restrictions
Maintenance
indoors. Or designate an outdoor
or else describe the required
apply to use the site:
work area and design the area to
features of the outdoor work area.
❑ No person shall dispose of, nor permit
prevent run-on and runoff of
❑ State that there are no floor drains
the disposal, directly or indirectly of
stormwater.
or if there are floor drains, note the
vehicle fluids, hazardous materials, or
❑ Show secondary containment for
agency from which an industrial
rinsewater from parts cleaning into
exterior work areas where motor
waste discharge permit will be
storm drains.
oil, brake fluid, gasoline, diesel
obtained and that the design meets
❑ No vehicle fluid removal shall be
fuel, radiator fluid, acid -containing
that agency's requirements.
performed outside a building, nor on
batteries or other hazardous
materials or hazardous wastes are
❑ State that there are no tanks,
containers or sinks to be used for
asphalt or ground surfaces, whether
inside or outside a building, except in
used or stored. Drains shall not be
parts cleaning or rinsing or, if there
such a manner as to ensure that any
installed within the secondary
are, note the agency from which an
spilled fluid will be in an area of
containment areas.
industrial waste discharge permit
secondary containment. Leaking
❑ Add a note on the plans that states
will be obtained and that the
vehicle fluids shall be contained or
either (1) there are no floor drains,
or (2) floor drains are connected to
wastewater pretreatment systems
prior to discharge to the sanitary
sewer and an industrial waste
discharge permit will be obtained.
design meets that agency's
requirements.
drained from the vehicle immediately.

No person shall leave unattended drip
❑ parts or other open containers
containing vehicle fluid, unless such
containers are in use or in an area of
secondary containment.

Refer to "Automotive Maintenance & Car
Care Best Management Practices for Auto
Body Shops, Auto Repair Shops, Car
Dealerships, Gas Stations and Fleet
Service Operations". Brochure can be
found at http://rcflood.org/ stormwater/
Refer to Outdoor Cleaning Activities and
Professional Mobile Service Providers for
many of the Potential Sources of
Runoff Pollutants categories below.

Brochure can be found at
http://rcflood.org/stormwater/

Page 292 of 1627 ends

STORMWATER POLLUTANT SOURCES/SOURCE CONTROL CHECKLIST

Page 293 of 1627 ends

STORMWATER POLLUTANT SOURCES/SOURCE CONTROL CHECKLIST

Page 294 of 1627 ends

STORMWATER POLLUTANT SOURCES/SOURCE CONTROL CHECKLIST

Rooftop equipment with potential
to produce pollutants shall be
❑ roofed and/or have secondary
containment.

Any drainage sumps on -site shall
❑ feature a sediment sump to reduce
the quantity of sediment in
pumped water.
' Avoid roofing, gutters, and trim
made of copper or other
unprotected metals that may leach
into runoff.
❑ Include controls for other sources
as specified by local reviewer.

Page 295 of 1627 ends

STORMWATER POLLUTANT SOURCES/SOURCE CONTROL CHECKLIST

Page 296 of 1627 ends

Site Design & Landscape Planning SD -10
Design Objectives
• Maximize Infiltration
Q Provide Retention
Q Slow Runoff
Minimize Impervious Land
Coverage
Prohibit Dumping of Improper
Materials
Contain Pollutants
Collect and Convey
Description
Each project site possesses unique topographic, hydrologic, and vegetative features, some of which are more suitable for development than others. Integrating and incorporating appropriate landscape planning methodologies into the project design is the most effective action that can be done to minimize surface and groundwater contamination from stormwater.

Approach
Landscape planning should couple consideration of land suitability for urban uses with consideration of community goals and projected growth. Project plan designs should conserve natural areas to the extent possible, maximize natural water storage and infiltration opportunities, and protect slopes and channels.

Suitable Applications
Appropriate applications include residential, commercial and industrial areas planned for development or redevelopment.

Design Considerations
Design requirements for site design and landscapes planning should conform to applicable standards and specifications of agencies with jurisdiction and be consistent with applicable General Plan and Local Area Plan policies.

CALIFORNIA STORMWATFR

QLALITA ASSOCIATION
January 2003
California Stormwater BMP Handbook
New Development and Redevelopment

Page 7 ends

v:e
1 of 4

SD -10 Site Design & Landscape Planning
Designing New Installations
Begin the development of a plan for the landscape unit with attention to the following general principles:
• Formulate the plan on the basis of clearly articulated community goals. Carefully identify conflicts and choices between retaining and protecting desired resources and community growth.
• Map and assess land suitability for urban uses. Include the following landscape features in the assessment: wooded land, open unwooded land, steep slopes, erosion -prone soils, foundation suitability, soil suitability for waste disposal, aquifers, aquifer recharge areas, wetlands, floodplains, surface waters, agricultural lands, and various categories of urban land use. When appropriate, the assessment can highlight outstanding local or regional resources that the community determines should be protected (e.g., a scenic area, recreational area, threatened species habitat, farmland, fish run). Mapping and assessment should recognize not only these resources but also additional areas needed for their sustenance.

Project plan designs should conserve natural areas to the extent possible, maximize natural water storage and infiltration opportunities, and protect slopes and channels.

Conserve Natural Areas during Landscape Planning
If applicable, the following items are required and must be implemented in the site layout during the subdivision design and approval process, consistent with applicable General Plan and Local Area Plan policies:
• Cluster development on least -sensitive portions of a site while leaving the remaining land in a natural undisturbed condition.
• Limit clearing and grading of native vegetation at a site to the minimum amount needed to build lots, allow access, and provide fire protection.
• Maximize trees and other vegetation at each site by planting additional vegetation, clustering tree areas, and promoting the use of native and/or drought tolerant plants. • Promote natural vegetation by using parking lot islands and other landscaped areas. • Preserve riparian areas and wetlands.

Maximize Natural Water Storage and Infiltration Opportunities Within the Landscape Unit • Promote the conservation of forest cover. Building on land that is already deforested affects basin hydrology to a lesser extent than converting forested land. Loss of forest cover reduces interception storage, detention in the organic forest floor layer, and water losses by evapotranspiration, resulting in large peak runoff increases and either their negative effects or the expense of countering them with structural solutions. • Maintain natural storage reservoirs and drainage corridors, including depressions, areas of permeable soils, swales, and intermittent streams. Develop and implement policies and 2 of 4 California Stormwater BMP Handbook
New Development and Redevelopment
www.c eat c .lc 7
January 2003

Site Design & Landscape Planning SD -10
regulations to discourage the clearing, filling, and channelization of these features. Utilize them in drainage networks in preference to pipes, culverts, and engineered ditches. • Evaluating infiltration opportunities by referring to the stormwater management manual for the jurisdiction and pay particular attention to the selection criteria for avoiding groundwater contamination, poor soils, and hydrogeological conditions that cause these facilities to fail. If necessary, locate developments with large amounts of impervious surfaces or a potential to produce relatively contaminated runoff away from groundwater recharge areas.

Protection of Slopes and Channels during Landscape Design • Convey runoff safely from the tops of slopes.
• Avoid disturbing steep or unstable slopes.
• Avoid disturbing natural channels.
• Stabilize disturbed slopes as quickly as possible.
• Vegetate slopes with native or drought tolerant vegetation. • Control and treat flows in landscaping and/or other controls prior to reaching existing natural drainage systems.
• Stabilize temporary and permanent channel crossings as quickly as possible, and ensure that increases in run-off velocity and frequency caused by the project do not erode the channel. • Install energy dissipaters, such as riprap, at the outlets of new storm drains, culverts, conduits, or channels that enter unlined channels in accordance with applicable specifications to minimize erosion. Energy dissipaters shall be installed in such a way as to minimize impacts to receiving waters.
• Line on -site conveyance channels where appropriate, to reduce erosion caused by increased flow velocity due to increases in tributary impervious area. The first choice for linings should be grass or some other vegetative surface, since these materials not only reduce runoff velocities, but also provide water quality benefits from filtration and infiltration. If velocities in the channel are high enough to erode grass or other vegetative linings, riprap, concrete, soil cement, or geo-grid stabilization are other alternatives. • Consider other design principles that are comparable and equally effective.

Redeveloping Existing Installations
Various jurisdictional stormwater management and mitigation plans (SUSMP, WQMP, etc.) define "redevelopment" in terms of amounts of additional impervious area, increases in gross floor area and/or exterior construction, and land disturbing activities with structural or impervious surfaces. The definition of " redevelopment" must be consulted to determine whether or not the requirements for new development apply to areas intended for redevelopment. If the definition applies, the steps outlined under "designing new installations" above should be followed.

January 2003
California Stormwater BMP Handbook
New Development and Redevelopment
Page. 9IFal.1,27<s. corn
3 of 4

SD -10 Site Design & Landscape Planning
Redevelopment may present significant opportunity to add features which had not previously been implemented. Examples include incorporation of depressions, areas of permeable soils, and swales in newly redeveloped areas. While some site constraints may exist due to the status of already existing infrastructure, opportunities should not be missed to maximize infiltration, slow runoff, reduce impervious areas, disconnect directly connected impervious areas.

Other Resources
A Manual for the Standard Urban Stormwater Mitigation Nan (SUSMP), Los Angeles County Department of Public Works, May 2OO2.

Stormwater Management Manual for Western Washington, Washington State Department of Ecology, August 2OO1.

Model Standard Urban Storm Water Mitigation Nan (SUSMP) for San Diego County, Port of San Diego, and Cities in San Diego County, February 14, 2OO2.

Model Water Quality Management Plan (WQMP) for County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County, Draft February 2OO3.

Ventura Countywide Technical Guidance Manual for Stormwater Quality Control Measures, July 2OO2.
4 of 4 California Stormwater BMP Handbook
New Development and Redevelopment
www•[email protected] 7
January 2003

Description
Efficient Irrigation SD -12
Design Objectives
O Maximize Infiltration
O Provide Retention
O Slow Runoff
Minimize Impervious Land
Coverage
Prohibit Dumping of Improper
Materials
Contain Pollutants
Collect and Convey
Irrigation water provided to landscaped areas may result in excess irrigation water being conveyed into stormwater drainage systems.

Approach
Project plan designs for development and redevelopment should include application methods of irrigation water that minimize runoff of excess irrigation water into the stormwater conveyance system.

Suitable Applications
Appropriate applications include residential, commercial and industrial areas planned for development or redevelopment. (Detached residential single-family homes are typically excluded from this requirement.)
Design Considerations
Designing New Installations
The following methods to reduce excessive irrigation runoff should be considered, and incorporated and implemented where determined applicable and feasible by the Permittee:
• Employ rain -triggered shutoff devices to prevent irrigation after precipitation. • Design irrigation systems to each landscape area's specific water requirements. • Include design featuring flow reducers or shutoff valves triggered by a pressure drop to control water loss in the event of broken sprinkler heads or lines.
• Implement landscape plans consistent with County or City water conservation resolutions, which may include provision of water sensors, programmable irrigation times (for short cycles), etc.
1 of 2
January 2003
California Stormwater BMP Handbook
New Development and Redevelopment
Pa'ge.eaFh fj,i,2 ks.com

SD -12 Efficient Irrigation
• Design timing and application methods of irrigation water to minimize the runoff of excess irrigation water into the storm water drainage system.
• Group plants with similar water requirements in order to reduce excess irrigation runoff and promote surface filtration. Choose plants with low irrigation requirements (for example, native or drought tolerant species). Consider design features such as:
- Using mulches (such as wood chips or bar) in planter areas without ground cover to minimize sediment in runoff
- Installing appropriate plant materials for the location, in accordance with amount of sunlight and climate, and use native plant materials where possible and/or as recommended by the landscape architect
Leaving a vegetative barrier along the property boundary and interior watercourses, to act as a pollutant filter, where appropriate and feasible - Choosing plants that minimize or eliminate the use of fertilizer or pesticides to sustain growth
• Employ other comparable, equally effective methods to reduce irrigation water runoff.

Other Resources
A Manual for the Standard Urban Stormwater Mitigation Plan (SUSMP), Los Angeles County Department of Public Works, May 2OO2.

Model Standard Urban Storm Water Mitigation Plan (SUSMP) for San Diego County, Port of San Diego, and Cities in San Diego County, February 14, 2OO2.

Model Water Quality Management Plan (WQMP) for County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County, Draft February 2003.

Ventura Countywide Technical Guidance Manual for Stormwater Quality Control Measures, July 2OO2.
2 of 2 California Stormwater BMP Handbook
New Development and Redevelopment
www•cRergiaa3411208f.4627
January 2003

Description
Storm Drain Signage SD -13
Design Objectives
Maximize Infiltration
Provide Retention
Slow Runoff
Minimize Impervious Land
Coverage
Prohibit Dumping of Improper
Materials
Contain Pollutants
Collect and Convey
Waste materials dumped into storm drain inlets can have severe impacts on receiving and ground waters. Posting notices regarding discharge prohibitions at storm drain inlets can prevent waste dumping. Storm drain signs and stencils are highly visible source controls that are typically placed directly adjacent to storm drain inlets.

Approach
The stencil or affixed sign contains a brief statement that prohibits dumping of improper materials into the urban runoff conveyance system. Storm drain messages have become a popular method of alerting the public about the effects of and the prohibitions against waste disposal.

Suitable Applications
Stencils and signs alert the public to the destination of pollutants discharged to the storm drain.

Signs are appropriate in residential, commercial, and industrial areas, as well as any other area where contributions or dumping to storm drains is likely.

Design Considerations
Storm drain message markers or placards are recommended at all storm drain inlets within the boundary of a development project. The marker should be placed in clear sight facing toward anyone approaching the inlet from either side. All storm drain inlet locations should be identified on the development site map.

Designing New Installations
The following methods should be considered for inclusion in the project design and show on project plans:
• Provide stenciling or labeling of all storm drain inlets and catch basins, constructed or modified, within the project area with prohibitive language. Examples include "NO DUMPING

CALIFORNIA STORMWATFR

QLALITA ASSOCIATION
January 2003
California Stormwater BMP Handbook
New Development and Redevelopment
Page.a03I1 r11t,��c7ks.com
1 of 2

SD -13 Storm Drain Signage
— DRAINS TO OCEAN" and/or other graphical icons to discourage illegal dumping. • Post signs with prohibitive language and/or graphical icons, which prohibit illegal dumping at public access points along channels and creeks within the project area.

Note - Some local agencies have approved specific signage and/or storm drain message placards for use. Consult local agency stormwater staff to determine specific requirements for placard types and methods of application.

Redeveloping Existing Installations
Various jurisdictional stormwater management and mitigation plans (SUSMP, WQMP, etc.) define "redevelopment" in terms of amounts of additional impervious area, increases in gross floor area and/or exterior construction, and land disturbing activities with structural or impervious surfaces. If the project meets the definition of "redevelopment", then the requirements stated under " designing new installations" above should be included in all project design plans.

Additional Information
Maintenance Considerations
• Legibility of markers and signs should be maintained. If required by the agency with jurisdiction over the project, the owner/operator or homeowner's association should enter into a maintenance agreement with the agency or record a deed restriction upon the property title to maintain the legibility of placards or signs.

Placement
• Signage on top of curbs tends to weather and fade.
• Signage on face of curbs tends to be worn by contact with vehicle tires and sweeper brooms.

Supplemental Information
Examples
• Most MS4 programs have storm drain signage programs. Some MS4 programs will provide stencils, or arrange for volunteers to stencil storm drains as part of their outreach program.

Other Resources
A Manual for the Standard Urban Stormwater Mitigation Plan (SUSMP), Los Angeles County Department of Public Works, May 2OO2.

Model Standard Urban Storm Water Mitigation Plan (SUSMP) for San Diego County, Port of San Diego, and Cities in San Diego County, February 14, 2OO2.

Model Water Quality Management Plan (WQMP) for County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County, Draft February 2003.

Trash Storage Areas
SD -32
Description
Trash storage areas are areas where a trash receptacle (s) are located for use as a repository for solid wastes. Stormwater runoff from areas where trash is stored or disposed of can be polluted. In addition, loose trash and debris can be easily transported by water or wind into nearby storm drain inlets, channels, and/or creeks. Waste handling operations that may be sources of stormwater pollution include dumpsters, litter control, and waste piles.

Approach
This fact sheet contains details on the specific measures required to prevent or reduce pollutants in stormwater runoff associated with trash storage and handling. Preventative measures
including enclosures, containment structures, and impervious pavements to mitigate spills, should be used to reduce the likelihood of contamination.

Design Objectives
Maximize Infiltration
Provide Retention
Slow Runoff
Minimize Impervious Land
Coverage
Prohibit Dumping of Improper
Materials
Q Contain Pollutants
Collect and Convey
Suitable Applications
Appropriate applications include residential, commercial and industrial areas planned for development or redevelopment. (Detached residential single-family homes are typically excluded from this requirement.)
Design Considerations
Design requirements for waste handling areas are governed by Building and Fire Codes, and by current local agency ordinances and zoning requirements. The design criteria described in this fact sheet are meant to enhance and be consistent with these code and ordinance requirements.

Hazardous waste should be handled in accordance with legal requirements established in Title 22, California Code of Regulation.

Wastes from commercial and industrial sites are typically hauled by either public or commercial carriers that may have design or access requirements for waste storage areas. The design criteria in this fact sheet are recommendations and are not intended to be in conflict with requirements established by the waste hauler. The waste hauler should be contacted prior to the design of your site trash collection areas. Conflicts or issues should be discussed with the local agency.

Designing New Installations
Trash storage areas should be designed to consider the following structural or treatment control BMPs:
• Design trash container areas so that drainage from adjoining roofs and pavement is diverted around the area(s) to avoid run-on. This might include berming or grading the waste handling area to prevent run-on of stormwater.
• Make sure trash container areas are screened or walled to prevent off -site transport of trash.

CALIFORNIA STORMWATFR

QLALITA ASSOCIATION
January 2003
California Stormwater BMP Handbook
New Development and Redevelopment
Page. 5 far91a,,27ks.com
1 of 2

SD -32 Trash Storage Areas
• Use lined bins or dumpsters to reduce leaking of liquid waste. • Provide roofs, awnings, or attached lids on all trash containers to minimize direct precipitation and prevent rainfall from entering containers. • Pave trash storage areas with an impervious surface to mitigate spills. • Do not locate storm drains in immediate vicinity of the trash storage area. • Post signs on all dumpsters informing users that hazardous materials are not to be disposed of therein.

Additional Information
Maintenance Considerations
The integrity of structural elements that are subject to damage (i.e., screens, covers, and signs) must be maintained by the owner/operator. Maintenance agreements between the local agency and the owner/operator may be required. Some agencies will require maintenance deed restrictions to be recorded of the property title. If required by the local agency, maintenance agreements or deed restrictions must be executed by the owner/operator before improvement plans are approved.

Other Resources
A Manual for the Standard Urban Stormwater Mitigation Plan (SUSMP), Los Angeles County Department of Public Works, May 2OO2.

Model Standard Urban Storm Water Mitigation Plan (SUSMP) for San Diego County, Port of San Diego, and Cities in San Diego County, February 14, 2OO2.

Model Water Quality Management Plan (WQMP) for County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County, Draft February 2003.

Parking/Storage Area Maintenance SC -43
Description
Parking lots and storage areas can contribute a number of substances, such as trash, suspended solids, hydrocarbons, oil and grease, and heavy metals that can enter receiving waters through stormwater runoff or non-stormwater discharges. The following protocols are intended to prevent or reduce the discharge of pollutants from parking/storage areas and include using good housekeeping practices, following appropriate cleaning BMPs, and training employees.

Approach
Pollution Prevention
• Encourage alternative designs and maintenance strategies for impervious parking lots. (See New Development and
Redevelopment BMP Handbook).
• Keep accurate maintenance logs to evaluate BMP
implementation.

Suggested Protocols
General
• Keep the parking and storage areas clean and orderly.

Remove debris in a timely fashion.
• Allow sheet runoff to flow into biofilters (vegetated strip and swale) and/or infiltration devices.
• Utilize sand filters or oleophilic collectors for oily waste in low concentrations.

Objectives
• Cover
• Contain
• Educate
• Reduce/Minimize
• Product Substitution
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Oxygen Demanding

QQQQQQQQ

CALIFORNIA STORMWATFR

QLALITA ASSOCIATION
January 2003
California Stormwater BMP Handbook
Municipal
Page.307-Walii•Nks.com
1 of 4

SC -43 Parking/Storage Area Maintenance
• Arrange rooftop drains to prevent drainage directly onto paved surfaces. • Design lot to include semi -permeable hardscape.

Controlling Litter
• Post "No Littering" signs and enforce anti -litter laws. • Provide an adequate number of litter receptacles.
• Clean out and cover litter receptacles frequently to prevent spillage. • Provide trash receptacles in parking lots to discourage litter. • Routinely sweep, shovel and dispose of litter in the trash.

Surface cleaning
• Use dry cleaning methods (e.g. sweeping or vacuuming) to prevent the discharge of pollutants into the stormwater conveyance system.
• Establish frequency of public parking lot sweeping based on usage and field observations of waste accumulation.
• Sweep all parking lots at least once before the onset of the wet season. • If water is used follow the procedures below:
- Block the storm drain or contain runoff.
- Wash water should be collected and pumped to the sanitary sewer or discharged to a pervious surface, do not allow wash water to enter storm drains. - Dispose of parking lot sweeping debris and dirt at a landfill. • When cleaning heavy oily deposits:
- Use absorbent materials on oily spots prior to sweeping or washing. - Dispose of used absorbents appropriately.

Surface Repair
• Pre -heat, transfer or load hot bituminous material away from storm drain inlets. • Apply concrete, asphalt, and seal coat during dry weather to prevent contamination form contacting stormwater runoff.
• Cover and seal nearby storm drain inlets (with waterproof material or mesh) and manholes before applying seal coat, slurry seal, etc., where applicable. Leave covers in place until job is complete and until all water from emulsified oil sealants has drained or evaporated. Clean any debris from these covered manholes and drains for proper disposal. 2 of 4 California Stormwater BMP Handbook
Municipal
www.c eaL J' ccg .4c7
January 2003

Parking/Storage Area Maintenance SC -43
• Use only as much water as necessary for dust control, to avoid runoff. • Catch drips from paving equipment that is not in use with pans or absorbent material placed under the machines. Dispose of collected material and absorbents properly.

Inspection
• Have designated personnel conduct inspections of the parking facilities and stormwater conveyance systems associated with them on a regular basis. • Inspect cleaning equipment/sweepers for leaks on a regular basis.

Training
• Provide regular training to field employees and/or contractors regarding cleaning of paved areas and proper operation of equipment.
• Train employees and contractors in proper techniques for spill containment and cleanup.

Spill Response and Prevention
• Refer to SC -ii, Spill Prevention, Control 8z Cleanup. • Keep your Spill Prevention Control and countermeasure (SPCC) plan up-to-date, nad implement accordingly.
• Have spill cleanup materials readily available and in a known location. • Cleanup spills immediately and use dry methods if possible. • Properly dispose of spill cleanup material.

Other Considerations
• Limitations related to sweeping activities at large parking facilities may include high equipment costs, the need for sweeper operator training, and the inability of current sweeper technology to remove oil and grease.

Requirements
Costs
Cleaning/sweeping costs can be quite large, construction and maintenance of stormwater structural controls can be quite expensive as well.

Maintenance
• Sweep parking lot to minimize cleaning with water.
• Clean out oil/water/sand separators regularly, especially after heavy storms. • Clean parking facilities on a regular basis to prevent accumulated wastes and pollutants from being discharged into conveyance systems during rainy conditions.

January 2003
California Stormwater BMP Handbook
Municipal
Page•E @ l'i•Nks.com
3 of 4

SC -43 Parking/Storage Area Maintenance
Supplemental Information
Further Detail of the BMP
Surface Repair
Apply concrete, asphalt, and seal coat during dry weather to prevent contamination form contacting stormwater runoff. Where applicable, cover and seal nearby storm drain inlets (with waterproof material or mesh) and manholes before applying seal coat, slurry seal, etc. Leave covers in place until job is complete and until all water from emulsified oil sealants has drained or evaporated. Clean any debris from these covered manholes and drains for proper disposal.

Use only as much water as necessary for dust control, to avoid runoff.

References and Resources
http://www.stormwatercenter.net/
California's Nonpoint Source Program Plan http://www.swrcb.ca.gov/nps/index.html Model Urban Runoff Program: A How -To Guide for Developing Urban Runoff Programs for Small Municipalities. Prepared by City of Monterey, City of Santa Cruz, California Coastal Commission, Monterey Bay National Marine Sanctuary, Association of Monterey Bay Area Governments, Woodward -Clyde, Central Coast Regional Water Quality control Board. July 1998 (Revised February 2OO2 by the California Coastal Commission).

Orange County Stormwater Program
http://www.ocwatersheds.com/StormWater/swp_introduction.asp Oregon Association of Clean Water Agencies. Oregon Municipal Stormwater Toolbox for Maintenance Practices. June 1998.

Pollution from Surface Cleaning Folder. 1996. Bay Area Stormwater Management Agencies Association (BASMAA) http://www.basma.org
San Diego Stormwater Co-permittees Jurisdictional Urban Runoff Management Program (URMP)
http: // www.projectcleanwater.org/pdf/Model%2oProgram % 2oMunicipa1%2oFacilities.pdf 4 of 4 California Stormwater BMP Handbook
Municipal
www.c eaBdit@c .lc 7
January 2003

Appendix 9: O&M
Operation and Maintenance Plan and Documentation of Finance, Maintenance and Recording Mechanisms - 39 -

Page 311 of 1627 ends

NON-STRUCTURAL BMP MAINTENANCE RESPONSIBILITY/FREQUENCY MATRIX BMP
Education for Property Owners,
Operators, Tenants,
Occupants, or Employees
Irrigation System and
Landscape Maintenance

RESPONSIBILITY BMP START DATE FREQUENCY
At hire, educational materials and awareness for water
Owner Upon hire quality protection to be provided to employees. htto:// www.floodcontrol.co.riverside.ca.us/stormwater/ Monthly during regular maintenance, manage
landscaping in accordance with the County of Riverside
Owner Water Conservation Ordinance and with the State of California Department of Pesticides management
guidelines for use of fertilizers and pesticides.

Common Area Litter Control Owner
Street Sweeping Public Streets
and Parking Lots (SC -70)
Drainage Facility Inspection
and Maintenance (SC -74)
Owner
Owner
At completion of
Construction
At completion of
Construction
At completion of
Construction
Monthly sweeping and trash pickup within project areas
by county staff. Daily pick of trash within private
homeowner areas.

Streets shall be swept on a monthly basis, at minimum.

Sweeping will intensify during non -rainy days after
October 1st (Rainy season).

Inspect catch basins once per month (minimum) for
At completion of accumulated debris. Increase frequency as needed Construction during rainy months. Remove when debris reaches 40% of capacity, or once a year prior to rainy season.
"Triada" - Tract 37134

Page 312 of 1627 ends

STRUCTURAL BMP MAINTENANCE RESPONSIBILITY/FREQUENCY MATRIX BMP
Storm Drain System Stenciling
and Signage (SD -13)
Landscape and Irrigation System
Design (SD -1 0 & SD -1 2)

RESPONSIBILITY BMP START DATE
Owner
Owner
At completion
Construction

FREQUENCY
of Once every 6 months, inspect for re -stenciling needs and re -stencil as necessary.

At completion of
Construction
Once a month, in conjunction with maintenance
activities. Verify that runoff minimizing landscape
design continues to function by checking that water
sensors are functioning properly, that irrigation heads are adjusted properly to eliminate overspray to
hardscape areas, and to verify that irrigation timing
and cycle lengths are adjusted in accordance with
water demands, given time of year, weather and day
or night time temperatures.
"Triada" - Tract 37134

Page 313 of 1627 ends

LID BMP MAINTENANCE RESPONSIBILITY/FREQUENCY MATRIX
BMP
Bioretention Basin
(BMP A and B)

RESPONSIBILITY BMP START DATE FREQUENCY
Owner
Completion
Construction
Monthly: Conduct general inspection and
maintenance per routine landscaping maintenance
activities. Inspect surface area for debris, trash and
vegetation accumulation. Inspect for general plant
of health. Inspect for sediment, build up on planting
surface and in area drain inlet. Inspect for sediment
or debris clogging inlet. Clean/repair items as
necessary.
5 to 7 years: Remove vegetation, permeable soil and
drain rock if draw down is below design rate. Replace
in kind. Check sub -drain pipe and inlet. Repair if
necessary.

McClure Industrial

Page 314 of 1627 ends

Recuired Permits
No additional permits are necessary for the operation and maintenance of the proposed BMPs.

Forms to Record BMP Implementation, Maintenance, and Inspection The form that will be used to record implementation, maintenance, and inspection of BMPs is attached.

Recordkeeping
All records must be maintained for at least five (5) years and must be made available for review upon request.

McClure Industrial

Page 315 of 1627 ends

Today's Date:

Name of Person Performing Activity (Printed):

Signature:

BMP Name
(As Shown in O&M Plan)
Brief Description of Implementation, Maintenance, and Inspection Activity Performed
McClure Industrial

Page 316 of 1627 ends

Recording requested by and mail to:

City Clerk
City of Beaumont
550 E. Sixth Street
Beaumont, CA 92223

SPACE ABOVE THIS LINE FOR RECORDER'S USE
EXEMPT FROM RECORDER'S FEES PURSUANT TO GOVERNMENT CODE SECTION 6103 AND 27383 APN: 417-150-015

STORM WATER MANAGEMENT WQMP/BMP FACILITIES
COVENANT AND AGREEMENT NO.

City of Beaumont, Riverside County, California
THIS COVENANT AND AGREEMENT is made and entered into this between John C. McClure, ("Owner"), and the City of Beaumont, California, ("City"). of 20_, by and
The Owner hereby certifies I am (we are) the sole owner of certain real property located at 460 W. 1st Street, Beaumont CA 92223 (Site Address) in the City of Beaumont, County of Riverside, State of Cali- fornia, more specifically described in Exhibit "A" and depicted in Exhibit "B" ("Property").

The Owner covenants and agrees to comply with the Project Water Quality Management Plan ("WQMP"), attached hereto as Exhibit "C", providing for storm water quality treatment within the confines of the Property.

The Owner covenants and agrees that the health, safety and welfare of the residents of the City of Beaumont, require that the Best Management Practice ("BMP") facilities, more specifically described in the WQMP ( for example bio- swales, catch basins, roof drains and appurtenances) be constructed and maintained to minimize pollutants in urban runoff by the Owner.

The Owner further covenants and agrees as follows:

1. The on -site storm water management/BMP facilities mentioned above shall be constructed by the Owner at its sole cost and expense, in accordance with the plans and specifications identified in the WQMP approved by City.

2. The Owner shall adequately maintain the storm water managementlBMP facilities in a manner assuring peak performance at all times, including source control BMPs at all times as its sole responsibility, at its sole cost and expense. This includes all pipes and channels built to convey storm water on the Property, including catch basin inserts, underground detention ponds, swales and vegetation provided to control the quantity and quality of the 1

Page 317 of 1627 ends

storm water. Adequate maintenance is herein defined as good working condition so that these facilities are performing in accordance with their design functions continuously at all times.

3. The Owner shall annually inspect the storm water management/BMP facilities mentioned above and submit an inspection report annually to the Public Works Department by the anniversary of the date of this Agreement of each year. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the storm water management BMPs listed in the WQMP such as bioswales, catch basins and related filter units, etc. Deficiencies shall be noted in the inspection report and corrected by Owner promptly.

4. The Owner hereby grants permission to City, its authorized agents and employees, to enter upon the Property and to inspect the storm water management/BMP facilities, take samples and perform testing whenever the City deems necessary and as required by the City's most current National Pollutant Discharge Elimination System (NPDES) Permit. The purpose of the inspection, testing and sampling is to follow up on apparent and reported deficiencies and/or to respond to citizen complaints and meet the requirements of the City's NPDES Permit issued by the State Water Resources Control Board — Santa Ana River Region. The City shall provide the Owner with advanced notice of entering upon the Property, except in the event of an emergency, as determined by the City. The City shall provide the Owner copies of the inspection fmdings and a directive to commence with the repairs if necessary.

Owner or Owner's successors or assigns shall pay City for all costs incurred by City in the inspection, sampling, testing of the BMPs within thirty (30) calendar days of City invoice.

5. In the event the Owner fails to maintain the storm water management/BMP facilities in good working condition acceptable to the City, upon five (5) days advanced written notice, the City may enter upon the Property and take whatever steps necessary to correct deficiencies identified in any inspection report and to charge the costs of such repairs to the Owner the cost of which shall constitute a lien against the Property. In the event of an emergency, as determined by City, advanced notice as aforesaid, shall not be required. Notwithstanding the forgoing, it is expressly understood and agreed that the City is under no obligation to maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation to the City.

6. The Owner will perform the work necessary to keep these facilities in good working order as appropriate. The maintenance schedule for the storm water management BMP facilities (including sediment removal) is outlined in the approved WQMP and the schedule must be followed at all times. In the future, City of Beaumont may adopt an annual Stormwater Inspection Fee that would be assessed to the Owner.

7. In the event the City, pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials and the like, the Owner, its successors and assigns shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder.

8. This Agreement imposes no liability of any kind whatsoever on the City. Owner agrees to indemnify, defend (with counsel reasonably approved by the City) and hold harmless the City and its authorized officers,

9. employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this Agreement from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the City on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. The Owner's indemnification obligation applies to the City's "active" as well as "passive" negligence but does not apply to the City's "sole negligence" or "willful misconduct" within the meaning of Civil Code Section 2

Page 318 of 1627 ends

2782, or to any claims, actions, losses, damages, and/or liabilities, to the extent caused by the acts or omissions of any third party contractors undertaking any work (other than field inspections) or other maintenance on the Property on behalf of the City under this Agreement.

10. This Agreement shall be recorded with the County Recorder for the County of Riverside and shall constitute a covenant running with the land, equitable servitude and lien against the Property, and shall be binding on the Owner, its successors, assigns, transferees, administrators, executors, heirs, encumbrancers and any other successors in interests, including any homeowner's association.

11. In addition to any remedy available to City under this Agreement, if Owner violates any term of this Agreement and does not cure the violation within the time already provided in this Agreement, or, if not provided, within thirty (30) calendar days, or within such time authorized by the City if said cure reasonably requires more than the subject time, the City may bring an action at law or in equity in a court of competent jurisdiction to enforce compliance by the Owner with the terms of this Agreement. In such action, the City may recover any damages to which the City may be entitled for the violation, enjoin the violation by temporary or permanent injunction without the necessity of proving actual damages or the inadequacy of otherwise available legal remedies, or obtain other equitable relief, including, but not limited to, the restoration of the Property and/or the BMPs identified in the WQMP to the condition in which it/they existed prior to any such violation or injury.

12. Owner shall provide printed educational materials with any sale of the Property which provide information on what storm water management facilities are present, the types and locations of maintenance signs that are required and how the necessary maintenance can be maintained.

13. Owner shall provide actual notice of this Agreement and its terms to any respective buyers or successor(s) in interest.

14. In order to be valid, amendment or change to this Agreement including the WQMP and BMPs requires an amendment executed by the City and Owner which is recorded with the Riverside County Recorder.

WITNESS the following signatures:

OWNER:

By: • 11-1
By:

Name: C. McClure Name:

Title: °LA.)Vt-e-{
Organization:

Title:

Organization:
3

Page 319 of 1627 ends

City:

CITY OF BEAUMONT
a Municipal Corporation
Signature:

City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

John Pinkney, City Attorney
APPROVED AS TO CONTENT:

Jeff Hart, Director of Engineering/Public Works
All signatures on this Agreement on behalf of the Owner must be acknowledged before a Notary Public. In the event that the owner is a corporation, the President/Vice President and the corporate secretary of the corporation must sign. 4

Page 320 of 1627 ends

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Riverside
On , 2019, before me, , notary public,
personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Riverside
On , 2019, before me, , notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: (Seal)
5

Page 321 of 1627 ends

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

State of California
County of Riverside
On , 2019, before me, , notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: (Seal)
6

Page 322 of 1627 ends

EXHIBIT "A"

LEGAL DESCRIPTION
7

Page 323 of 1627 ends

EXHIBIT "B"

DIAGRAM OF PROPERTY
8

Page 324 of 1627 ends

EXHIBIT "C"
WQMP
9

Page 325 of 1627 ends

BMP Maintenance Agreement
McClure Industrial

Page 326 of 1627 ends

Appendix 10: Educational Materials
BMP Fact Sheets, Maintenance Guidelines and Other End -User BMP Information -6-

Page 327 of 1627 ends

Riverside County Stormwater
Program Members
City of Banning
(951) 922-3105
City of Beaumont
(951) 769-8520
City of Calimesa
(909) 795-9801
City of Canyon Lake
(951) 244-2955
City of Cathedral City
(760) 770-0340
City of Coachella
(760) 398-3502
City of Corona
(951) 736-2447
City of Desert Hot Springs
(760) 329-6411
City of Eastvale
(951) 361-0900
City of Hemet
(951) 765-2300
City of Indian Wells
(760) 346-2489
City of Indio
(760) 391-4000
City of Jurupa Valley
(951) 332-6464
City of Lake Elsinore
(951) 674-3124
City of La Quinta
(760) 777-7000
City of Moreno Valley
(951) 413-3000
City of Murrieta
(951) 304-2489
City of Norco
(951) 270-5607
City of Palm Desert
(760) 346-0611
City of Palm Springs
(760) 323-8299
City of Perris
(951) 943-6100
City of Rancho Mirage
(760) 324-4511
City of Riverside
(951) 826-5311
City of San Jacinto
(951) 487-7330
City of Temecula
(951) 694-6444
City of Wildomar
(951) 677-7751
Coachella Valley Water
District
(760) 398-2651
County of Riverside
(951) 955-1000
Riverside County
Flood Control District
(951) 955-1200
City of Menifee
(951) 672-6777

Page 328 of 1627 ends

YOU can prevent Stormwater Pollution following these practices...

Industrial and Commercial
Facilities
The Riverside County Stormwater Program has identified a number of Best Management Practices (BMPs) for Industrial and Commercial Facilities. These BMPs control and reduce stormwater pollutants from reaching our storm drain system and ultimately our local water bodies. City and County
ordinances require businesses to use these BMPs to protect our water quality. Local cities and the County are required to verify implementation of these BMPs by performing regular facility inspections.

Prohibited Discharges
Discontinue all non-stormwater discharges to the storm
drain system. It is prohibited to discharge any chemicals, paints, debris, wastes or wastewater into the gutter, street or storm drain.

Outdoor Storage BMPs
• Install covers and secondary containment areas for all hazardous materials and wastes stored outdoors in
accordance with County and/or City standards.
• Keep all temporary waste
containers covered, at all times
when not in use.
• Sweep outdoor areas instead of
using a hose or pressure washer.
• Move all process operations
including vehicle/equipment
maintenance inside of the
building or under a covered and
contained area.
• Wash equipment and vehicles in
a contained and covered wash
bay which is closed -loop or
connected to a clarifier sized to local standards and
discharged to a sanitary sewer or take them to a
commercial car wash.

Spills and Clean Up BMPs
• Keep the work site clean and orderly. Remove debris in a timely fashion. Sweep up the area.
• Clean up spills immediately when they occur, using dry clean up methods such as absorbent materials or sweep
followed by proper disposal of materials.

Page 329 ends

• Always have a spill kit available near chemical loading dock doors and vehicle maintenance and fueling areas.
• Follow your Business
Emergency Plan, as filed
with the local Fire
Department.
• Report all prohibited
discharges and non -
implementation of BMPs
to your local Stormwater
Coordinator as listed on the
back of this pamphlet.
• Report hazardous materials spills to 951-358-5055 or
call after hours to 951-782-2973 or, if an emergency,
call the Fire Department's Haz Mat Team at 911.

Plastic Manufacturing Facilities BMPs
AB 258 requires plastic product manufacturers to use BMPs, such as safe storage and clean-up procedures to prevent plastic pellets (nurdles) from entering the waterway. The plastic pellets are released into the environment during transporting, packaging and processing and migrate to waterways through the storm drain system. AB 258 will help protect fish and wildlife from the hazards of plastic pollution.

Training BMPs
As prescribed by your City and County Stormwater
Ordinance (s), train employees in spill procedures and
prohibit non-stormwater discharges to the storm drain
system. Applicable BMP examples can be found at
www.cabmphandbooks.com .

Permitting
Stormwater discharges associated with specific categories for industrial facilities are regulated by the State Water Resources Control Board through an Industrial Stormwater General Permit. A copy of this General Permit and
application forms are available at: www.waterboards.ca.gov , select stormwater then the industrial quick link.

To report illegal dumping or for more information on
stormwater pollution prevention call: 1.800.506.2555 or isfnA,1,21 at: fcnpdes rcflood.org.

BEAUMONTA O R N I -
Staff Report
TO: City Council
FROM: Carole Kendrick, Interim Community Development Director DATE February 18, 2025
SUBJECT: Second Reading for PLAN2024-0158 Code Amendment to Chapter

17.02.030 & 17.02.070 (Plot Plans)
Description Second reading regarding the proposed amendments to Beaumont Municipal Code Chapter 17.02 "Administration and Enforcement", more specifically Chapter 17.02.070 "Plot Plans".

Background and Analysis:

On November 19, 2024, staff provided a report to the City Council regarding project tracking and streamlining efforts for Planning projects. The discussion included a recommendation to remove the Administrative Plot Plan process and incorporate the Planning Department review through the plan check or certificate of occupancy review with the Building Department.

As staff is working with our consultant on the Zoning Code update, it was identified that the City may want to consider merging the Administrative Plot Plan and the Minor Plot Plan. Both applications are approved administratively, unless a Minor Plot Plan is conditioned for Planning Commission and/or City Council review. The Beaumont Municipal Code Section 17.02.070.B.1 states that an administrative plot plan application, not requiring a public hearing, shall be required for the following:
a. Occupancy or assumption of a structure where building occupancy classification will change from the previously established or permitted use.

Occupancy or assumption of an existing use or business that conforms to this Zoning Ordinance and does not change building occupancy classification does not require an Administrative Plot Plan but does require an updated Business License.
b. Site plans for a single-family dwelling unit on an existing legal lot and other residential projects with two to four dwelling units on one legal lot.

Page 330 of 1627 ends

c. Development plans that are exempt from the California Environmental Quality Act. Occupancy and single-family residential applications go through a process through the Planning Department before construction plans can be submitted for a building permit.

The recommendation is to remove the Administrative Plot Plan (APP) application and allow occupancy and single-family residential applications to submit for a building permit. The removal of the APP would reduce the number of applications, and timing for residents and the development community. Building permits are currently routed to Planning for review and consistency with their (APP). Planning staff can conduct the planning review under the building permit. Generally, this proposal will streamline the process but will reduce the identification of issues early on in the process.

Fees may need to be established for cost recovery efforts for planning review under building permits. However, the current fee schedule allows for miscellaneous planning review fees at cost. The anticipated amount of time spent by Assistant Planners is approximately 30 minutes, which amounts to $75.36.

In order to accommodate the proposed changes, staff is recommending the deletion of the Administrative Plot Plan from Table 17.02-1 from Chapter 17.02.030 (see Attachment B).

In addition to replacing the current language in Chapter 17.02.070 "Plot Plans" (Attachment C) with the proposed language from the zoning code update consultant (Attachment D). The proposed zoning code update is anticipated to come before the City Council for a work study in February or March and final adoption in late spring, early summer of 2025. Due to the concerns regarding processing times, staff is recommending this change be incorporated prior to the final adoption of the comprehensive zoning code update.

The Planning Commission by a vote of 5-0, at the January 8, 2025, regular meeting, forwarded a recommendation of approval to the City Council to amend Beaumont Municipal Code Chapter 17.02.030 Table 17.02-1 & 17.02.070 "Plot Plans".

At the February 4, 2025, City Council meeting, the City Council by a vote of 5-0 waived the first full reading and approved by this item by title only.

CEQA:

The City has analyzed this proposed project and has determined that is exempt from the California Environmental Quality Act (CEQA) under section 15061(b)(3) of the

Page 331 of 1627 ends

CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. The proposed ordinance in itself does not relate to any physical project and will not result in any physical change to the environment and does not affect the land use or density limitations of the General Plan. Therefore, it can be seen with certainty that there is no possibility that this ordinance may have a significant adverse effect on the environment, and therefore, the adoption of this Ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.

Consistency with Adopted Goals, Plans and Programs:

General Plan Consistency
The proposed recommendation is in conformance with the General Plan for the City of Beaumont under General Plan policy LUCD5 Development Review— to work to find efficiencies and make development permitting as simple and as transparent as possible.

Strategic Plan
The proposed recommendation is also consistent with Strategic Plan Target 3 goals, economic development but streamlining this development process.

Public Communications Received:

A 10 -day public notice was placed in the Press Enterprise on January 24, 2025, for the first reading. At the time of report preparation, the Planning Department has not received any letters of comment from the public in favor or opposition to the project. Any comments received prior to the time of the scheduled City Council meeting will be provided to the City Council at the time of the public hearing. Proof of publication is included as Attachment E to this staff report.

City Council Authority:

The Beaumont Municipal Code Section 17.02.080.G states that upon receipt of a Planning Commission resolution recommendation for approval of a change of zone or zoning ordinance amendment, or denial of a zoning ordinance text amendment, the City Clerk shall set the matter for hearing before the City. At the hearing, the City Council shall review the Commission's recommendation and receive evidence as to how or why the proposed change of zone or zoning text amendment is consistent with the objectives of this Zoning Ordinance, the City of Beaumont General Plan, and development policies of the City. The City Council shall act to approve or deny the application by resolution.

Page 332 of 1627 ends

Findings:

In order to approve a zoning text amendment, the Municipal Code Chapter 17.020.080 (I) requires that the City Council make the following findings to be made:

1. That the proposed zoning ordinance text amendment is consistent with the goals, policies, and objectives of the General Plan.

The proposed recommendation is in conformance with the General Plan for the City of Beaumont under General Plan policy LUCD5 Development Review — to work to find effbiencies and make development permitting as simple and as transparent as possible.

2. That the proposed zoning ordinance text amendment will not adversely affect surrounding properties.

The proposed zoning ordinance text amendment will not adversely affect surroundings, as the changes are text in nature and review of plans will occur through the Building Department plan check process.

3. That the proposed zoning ordinance text amendment promotes public health, safety, and general welfare and serves the goals and purposes of this zoning Ordinance.

The proposed zoning ordinance text amendment promotes public health, safety, and general welfare as it reduces applications and processing times.

Fiscal Impact:

The cost to prepare this staff and related materials is approximately $150.

Recommended Action:

Waive the second full reading and adopt by title only, "An Ordinance of the City Council of the City of Beaumont, California, amending Chapter 17.02 `Administration and Enforcement', Section 17.02.030 Table 17.02-1 and Section 17.02.070, of the Beaumont Municipal Code".

Attachments:

A. Draft Ordinance
B. Redlined Municipal Code Chapter 17.02.030 Table 17.02-01 C. Draft Municipal Code Chapter 17.02.070 "Plot Plans"
D. Existing Municipal Code Chapter 17.02.070 "Plot Plans" E. Proof of Publication

Page 333 of 1627 ends

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF BEAUMONT, CALIFORNIA,
AMENDING CHAPTER 17.02 "ADMINISTRATION AND ENFORCEMENT", SECTION 17.02.030 TABLE 17.02-1 AND SECTION 17.02.070, OF THE BEAUMONT MUNICIPAL CODE.

WHEREAS, the City Council desires to amend the Planning Commission Responsibilities and Plot Plan sections of the Beaumont Municipal Code to remove the Administrative Plot Plan in order to promote streamlined development processes to further implement the 2040 General Plan and the vision to promote economic development in the Beaumont Municipal Code; and
WHEREAS, duly noticed public hearing was conducted on this matter as required by law by the Planning Commission on December 28, 2024; and WHEREAS, the Planning Commission recommends that the City Council approve the proposed amendments to the Municipal Code Chapters; and WHEREAS, following the Planning Commission's recommendation, the City Council has approved the amendment to Chapter 17.02 "Administration and Enforcement", Section

17.02.030 "Planning Commission Responsibilities" Table 17.02-1 and Section 17.02.070 "Plot Plans" to remove references to the Administrative Plot Plan process and streamline the application process in the Beaumont Municipal Code; and WHEREAS, duly noticed public hearing was conducted on this matter as required by law by the City Council on February 4, 2025; and
WHEREAS, the City Council of the City of Beaumont has reviewed the reasons for the recommendation of approval by the Planning Commission as described above;

THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1: The City Council hereby finds that the amendment to Chapter 17.02 "Administration and Enforcement", Section 17.02.030 "Planning Commission Responsibilities" Table 17.02-1 and Section 17.02.070 "Plot Plans" to remove references to the Administrative Plot Plan process and streamline the application process in the Beaumont Municipal Code SECTION 2: The amendment of Chapter 17.02.030 "Planning Commission Duties and Responsibilities" Table 17.02-1 and Chapter 17.02.070 "Plot Plans", attached hereto as Exhibit "A", is hereby approved.

SECTION 3: The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act ("CEQA") pursuant to 15061(b)(3), CEQA review is not required because there is no possibility that this Ordinance may have a significant

Page 334 of 1627 ends

effect upon the environment and the proposed amendments constitute a minor alteration in a land use limitation under CEQA Guidelines Section 15305, and such a land use limitation is a permissible exercise of the City's zoning powers.

SECTION 4: This Ordinance shall take effect thirty (30) days after its final passage and within fifteen (15) days after its passage the City Clerk shall cause a summary to be published in a newspaper of general circulation, printed and published in the City of Beaumont, in a manner prescribed by law for publishing of ordinances of said City.

MOVED AND PASSED upon first reading this 4th day of February 2025, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MOVED, PASSED AND ADOPTED this 18th day of February 2025, upon second reading by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Mike Lara, Mayor
Attest:

Nicole Wheelwright, Deputy City Clerk
Approved as to form:

John O. Pinkney, City Attorney

Page 335 of 1627 ends

17.02.030 Planning Commission duties and responsibilities.

The duties of the Planning Commission are outlined in this section.

A. The Planning Commission shall instruct the Community Development Director to exercise administrative duties where applicable;
B. The Planning Commission shall conduct public hearings to consider and make recommendations to the City Council regarding general plan amendments, zone changes, zone variances, and specific plans; C. The Planning Commission shall conduct public hearing to recommend approval (to the City Council) of all the tentative parcel maps and tentative tract maps; D. The Planning Commission shall consider the appeals of determinations made by the Community Development Director regarding site plan reviews, signage plans, and temporary use permits; and, E. The Planning Commission shall conduct public hearings to approve plot plans, variances and conditional use permits.

Table 17.02-1 identifies the permits and approvals that may be necessary as required by this Zoning Code, as well as approving authority and appeal body.

Table 17.02-1
Permit Approval Matrix
Application
Staff
Planning Commission
City
Council
Conditional Use Permit
Review
Approval
Appeal
Final Map
Review
—
Approval
General Plan Amendment
Review
Recommendation
Approval
Lot Line Adjustment & Parcel
Merger
Approval
Appeal
Appeal
Acministrativc P ) Review
Aaarova
Apo at
Aaa
of an
a4
Plot Plan (without EIR)
Review
Approval
Appeal
Plot Plan (with EIR)
Review
Approval
Appeal
Sign Plans
Approval
Appeal
Appeal
Modification of Standards
Approval
Appeal
Appeal
Specific Plan
Review
Recommendation
Approval
Temporary Use Permit
Approval
Appeal
Appeal
Tentative Parcel Map
Review
Recommendation
Approval
Tentative Tract Map
Review
Recommendation
Approval
Variance
Review
Approval
Appeal
Zone Change
Review
Recommendation
Approval
Zoning Ordinance
Review
Recommendation
Approval
(Ord. No. 1128, § 2(Exh. B), 12-1-2020)
Created: 2024-11-13 08:19:26 [EST]
(Supp. No. 8, Update 3)

Page 1 ends

Page 336 of 1627 ends

Division D: Administration and Procedures

17.D.02.010 Plot Plans
A. Purpose. The purpose of a Plot Plan is to provide a process for the review and approval or denial of applications for physical improvements to a site based on their scale, proximity to environmentally sensitive resource areas, or unique design features. The Plot Plan process is intended to encourage site and structural improvements which:

1. Promote excellence in site planning and design;

2. Respect the physical and environmental characteristics of the site; and

3. Ensure projects support the goals and objectives of the General Plan and other adopted City plans.

B. Applicability.

1. Major Plot Plan. A Major Plot Plan is required for the following projects:
a. Any new nonresidential development with over 10,000 square feet of new gross floor area except as follows:
(i) Over 25,000 square feet of new or expanded gross floor area in commercial or mixed use zones not adjoining any residential zone; and (ii) Over 50,000 square feet of new or expanded gross floor area in industrial zones not adjoining any residential zones.
b. Any new multi -family residential projects or project (including attached townhomes) with 10 or more units, or new subdivisions with 10 or more single- family dwellings project.
c. Where required in applicable Specific Plans.

2. Minor Plot Plan. A Minor Plot Plan is required for the following projects:
a. Any new nonresidential development with up to 10,000 square feet of new gross floor area, except as follows:
(i) Up to 25,000 square feet of new floor area in commercial or mixed use zones not adjoining any residential zone;
(ii) Up to 50,000 square feet of new floor area in industrial zones not adjoining any residential zones.
b. Any new multi -family residential development (including attached townhomes) or new single-family subdivision with two to 10 units, consistent with this Title. c. Any additions or expansions to existing multi -family residential, commercial, industrial, or mixed -use buildings unless exempted in accordance with Subsection

17.D.04.020.B.3 (Exemptions from Plot Plans).
d. Minor changes to the exterior of existing nonresidential buildings that require a Building Permit. This includes, but is not limited to, facade changes, changes in materials, relocation of storefront doors, and relocation and infill of windows or other openings.

Administrative Review Draft I Beaumont Zoning Code Update I Page 17.D-1

Page 337 of 1627 ends

Division D: Administration and Procedures
e. The construction of a new accessory structure or building consistent with this Title, unless exempt consistent with Subsection 17.D.04.020.B.3 (Exemptions from Plot Plans).
f. Accessory dwelling units consistent with Subsection 17.C.10.030.D.1 (Minor Plot Plan Required).

The construction of a new commercial, industrial, mixed -use, or multi -family parking lot.
h. Where required in applicable Specific Plans.

Any other project that is not subject to a Major Plot Plan and is not exempt by Subsection 17.D.04.020.B.3 (Exemptions from Plot Plans). g.

3. Exemptions from Plot Plans. The following projects are exempt from the requirements for a Plot Plan and are only reviewed with an application for a Building Permit, if required:
a. Single-family and multi -family projects that comply with the City's residential objective design standards at Sections 17.C.10.210 (Single -Family Dwellings) and

17.C.10.180 (Multi -Family Dwellings) and are eligible for ministerial review consistent with state law.
b. Additions and alterations to existing buildings and structures that will not increase the gross floor area of the building by more than 10 percent or 5,000 square feet, whichever is less; will not involve any alterations along any street - facing facade; and will match the existing or historic design of the building. c. Construction, reconstruction, alterations, improvements, and landscaping for a project developed in compliance with a previously issued Plot Plan or landscape plan.
d. Any form of repair or maintenance work where the work solely involves the replacement of materials in like kind and form (e.g., re -roof, window replacement, etc.), or to any repair or maintenance work in areas not visible to the public from the public right-of-way or areas accessible to the public. e. Changes to exterior building colors; addition, modification, or removal of minor architectural elements.
f. Installation of landscaping no more than 2,500 square feet in an area where no other construction activity is planned.
g. Construction of fences and walls that are consistent with Section 17.C.02.030 (Fences and Walls) and this Title.
h. Alterations and improvements required in whole or part to meet federal or state requirements to accommodate persons with disabilities.

New accessory structures that are exempt from obtaining a Building Permit.

C. Application Requirements. A Plot Plan application shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures) and this Section.

Page 17 ends

Page 338 of 1627 ends

Division D: Administration and Procedures
D. Authority. The Review Authorities for Major Plot Plans and Minor Plot Plans are identified in Table

17.D.02.030 -A (Review Authorities) and Subsection 17.D.04.020.B (Applicability), subject to Subsection 17.D.02.040.B.3 (Multiple Applications) and Subsection 17.D.02.040.O (Appeals).

E. Approval Procedures.

1. Director Evaluation. After a proposed Plot Plan application has been deemed complete, the Director shall review the Plot Plan application to determine whether it conforms with the provisions of this Title in accordance with Chapter 17.D.02 (Procedures).

2. Major Plot Plan Hearing. The Review Authority shall conduct a public hearing on a Major Plot Plan consistent with Subsection 17.D.02.040.G (Public Hearings).

3. Minor Plot Plan Review. The Director shall approve or deny a Minor Plot Plan in compliance with the findings provided in Subsection 17.D.04.020.F (Findings).

F. Findings. The Review Authority may approve a Plot Plan, with or without conditions of approval, only after making the following findings as applicable:

1. Findings for All Plot Plans:
a. The proposed project is consistent with this Title;
b. The proposed use and project are consistent with the goals and policies of the General Plan;
c. The project will not be detrimental to public health, safety, and general welfare; and
d. The proposed project is in compliance with the provisions of California Environmental Quality Act.

2. Findings for Specific Projects:
a. The proposed use and project are consistent with the goals and policies of any Specific Plan, if applicable.
b. The proposed siting, form, architectural style, materials, and other elements of single-family residential and multi -family residential developments are consistent with Section 17.C.10.210 (Single -Family Dwellings) and Section 17.C.10.180 (Multi -Family Dwellings).
c. The proposed siting, form, and architectural style of single-family residential, commercial, and industrial developments are appropriate for the project site and surroundings and create a visually cohesive design, and are consistent with all applicable design standards in this Title.

Administrative Review Draft I Beaumont Zoning Code Update I Page 17.D-3

Page 339 of 1627 ends

Division D: Administration and Procedures
G. Decision; Appeals; Expiration, Extensions, and Revisions.

1. Decision. The Review Authority's decision shall be in compliance with Subsection

17.D.02.040.H (Findings and Decision).

2. Appeals. The Review Authority's decision may be appealed as provided in Subsection

17.D.02.040.O (Appeals).

3. Expiration, Extensions, and Revisions. Plot Plans are subject to expiration as provided in Subsection 17.D.02.040.K (Expiration of Permits) and may only be extended or revised as provided in Subsection 17.D.02.040.L (Extension of Time) and Subsection 17.D.02.040.M (Revisions to an Approved Project).

Page 17 ends

Page 340 of 1627 ends

17.02.070 Plot plans.

A plot plan permit shall be required of any party proposing to establish a new land use, consistent with the zoning of the proposed location of the use, prior to the use and occupancy of any property for such land use. The purpose of a plot plan permit is to implement the provisions of the Zoning Ordinance and to protect the character and integrity of residential, commercial and industrial areas in the City. Plot plan applications shall be processed by the Community Development Director and shall entail a review of the configuration, design, location and impact of the proposed use by comparing the use to established standards and design guidelines in order to determine whether the permit should be approved. The Community Development Director is empowered to grant and deny administrative plot plan applications for projects which entail use and occupancy of existing facilities and to impose reasonable conditions upon the granting of such permits. The Planning Commission is empowered to grant and deny plot plan applications for projects, and to impose reasonable conditions upon the granting of such permits.

A. Providing Proof of Vested Interest. Any person who is able to demonstrate a legal vested interest in the proposed application may initiate an application for a plot plan permit. The authorized agent of any person with a legal vested interest may also initiate an application. The Community Development Director may request proof of ownership or authorization to apply prior to acceptance of any application.

B. Type of Plot Plan Application. The Community Development Director shall determine the type and scope of application required of any applicant for a proposed use.

1. An administrative plot plan application, not requiring a public hearing, shall be required for the following:
a. Occupancy or assumption of a structure where building occupancy classification will change from the previously established or permitted use. Occupancy or assumption of an existing use or business which conforms to this Zoning Ordinance and does not change building occupancy classification does not require an Administrative Plot Plan but does require an updated Business License.
b. Site plans for a single-family dwelling unit on an existing legal lot and other residential projects with two to four dwelling units on one legal lot. c. Development plans that are exempt from the California Environmental Quality Act.

2. A Minor Plot Plan, not requiring a public hearing and containing information as required by the Planning Director, and subject to approval by the Planning Director, shall be required for the following:
a. Model home complexes and temporary real estate offices used for the sales of homes. b. Temporary offices used to operate a business on the same site under is construction for permanent structures in conjunction of an approved plot plan.

3. A plot plan application, requiring a public hearing conducted by the Planning Commission, shall be required for the following:
a. Any use which is subject to the provisions of the California Environmental Quality Act. b. Any use which exceeds the limitations applicable to the administrative plot plan application process, as set forth in this Zoning Ordinance (Section 17.02.070(B)1).

Created: 2024-11-13 08:19:26 [EST]
(Supp. No. 8, Update 3)

Page 1 of 3 ends

Page 341 of 1627 ends

C. Filing of Application. The application shall be filed pursuant to the provisions of this Zoning Ordinance (Section 17.02.040).

D. Review of Application by Community Development Director. The Community Development Director or his designee shall investigate the application and proposal, including the analysis of precedent cases as appropriate. For administrative plot plan applications, the Community Development Director shall render a decision in writing without notice or hearing. For plot plan applications, the Community Development Director or his designee shall prepare a report outlining facts and a recommendation relating to the application. The report shall be provided to the applicant prior to any scheduled public hearing on the application.

E. Planning Commission Public Hearing. For plot plans acted upon in accordance with Section

17.02.070.6.2, a public hearing of the Planning Commission shall be noticed and conducted pursuant to the provisions of this Zoning Ordinance (Section 17.02.051). At the public hearing, the Planning Commission shall review the application and proposal and receive evidence concerning the proposed use and the proposed conditions under which it would be operated and maintained, particularly with respect to the findings prescribed in Subsection G of this section (Findings of Approval).

F. Planning Commission Action. The Planning Commission shall act to approve, conditionally approve, or deny the application. The decision of the Planning Commission shall become effective immediately upon its rendering, unless an appeal is filed pursuant to the provisions of this Zoning Ordinance (Section 17.02.060 Appeals and Revocations).

G. Findings of Approval. The Planning Commission may approve and/or modify a plot plan permit in whole or part, with or without conditions, provided that all of the following findings of fact are made:

1. The proposed use is permitted, or is substantially similar to a use permitted, within the subject zone and complies with the intent of all applicable provisions of this Zoning Ordinance;

2. The proposed use is consistent with the objectives, policies, general land uses and programs of the general plan and any applicable specific plans;

3. The subject site is physically suitable for the type and intensity of the proposed land use;

4. The location, size, design and operating characteristics of the proposed use is compatible with existing land uses within the general area in which the proposed use is located;

5. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed land use would not be detrimental to the public convenience, health, safety or general welfare;

6. The approval of the plot plan permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act and there would be no significant adverse impacts upon environmental quality and natural resources that cannot be reasonably mitigated and monitored.

H. Imposition of Conditions of Approval. In granting a permit, the Community Development Director or Planning Commission may impose such conditions as deemed necessary to ensure that the public health, safety and general welfare are protected and that the proposed use is not a detriment to the community. All conditions shall be binding upon the applicant, heirs, successors, or assignees.

Plot Plan Time Limits. The grantee of a plot plan permit shall have one year from the effective date of the permit to establish a right to use the permit; otherwise, the plot plan permit shall lapse and become void. For the purposes of this section, such a right shall be established if either:

1. A building permit has been issued and construction commenced and diligently pursued towards completion of the project.

Created: 2024-11-13 08:19:26 [EST]
(Supp. No. 8, Update 3)

Page 2 of 3 ends

Page 342 of 1627 ends

2. In the event that no building permit is required, a certificate of occupancy and/or business license has been issued for the use.

J. Plot Plan Lapse in Time. A plot plan permit subject to lapse may be renewed up to one additional year, provided that the applicant files an application for renewal with the Planning prior to the expiration date, and subject to consideration in a public hearing. (Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1151, § 4(Exh. A), 11-15-2022) Created: 2024-11-13 08:19:26 [EST]
(Supp. No. 8, Update 3)

Page 3 of 3 ends

Page 343 of 1627 ends

NOTICE IS HEREBY GIVEN, that the City of Beaumont will conduct a public hearing to consider the matter described below. The City of Beaumont's public hearing will be held at 6:00 p.m. on Tuesday, February 4, 2025, at 550 East Sixth Street, Beaumont, California.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BEAUMONT, CALIFORNIA, AMENDING CHAPTER 17.02.020
"PLOT PLANS" IN CHAPTER 17.02 "ADMINISTRATION AND
ENFORCEMENT", OF THE BEAUMONT MUNICIPAL CODE.

This meeting will be open to the public and will be recorded for live streaming on the City's official YouTube webpage . Please use the following link during the meeting for live stream access:

BeaumontCa.gov/Livestream
Public comments will be accepted using the following options:

1. Emailed comments will be read aloud during the corresponding item of the meeting. Please submit your comments to NicoleW@ BeaumontCa.gov

2. In person public comments.

3. Call -in comments using a designated public comment phone line (951) 922-4845.

City Council will conduct a public hearing to receive testimony and comments from all interested persons. Public comments shall not exceed three minutes unless otherwise authorized by City Council.

Comments can be submitted any time prior to the meeting as well cis during the meeting untpt6144tlbfG1 ponding item.

Dated: January 21, 2025
The Press -Enterprise
Published: 1/24/25

A BEAUMONTA-C A L I F O R N I -
Staff Report
TO: City Council
FROM: Katie Jenson, Assistant Planner
Carole Kendrick, Interim Community Development Director DATE February 18, 2025
SUBJECT: PLAN2024-0145, PLAN2024-0146, PLAN2025-0147, PLAN2024-0149, PLAN2024-0150, PLAN2024-0151, PLAN2024-0152 Annual Review of Active Development Agreements (DA)
Description Annual review of active Development Agreements.

Background and Analysis:

The City of Beaumont Resolution No. 1987-34, adopted May 11, 1987, sets forth the regulations and requirements for the City to enter into a development agreement (Attachment A). The resolution contains seven (7) articles addressing the development agreement process. The articles are as follows:

1. Applications;

2. Notices and Hearings;

3. Standards of Review, Findings and Decision;

4. Amendment and Cancellation of Agreement by Mutual Consent;

5. Recordation;

6. Periodic Review; and

7. Modification or Termination.

Article 6 of Resolution 1987-34 requires that all development agreements be reviewed by the Planning Commission, annually. The intent of the annual review is to determine if the property owner (or parties to the development agreement), are complying with the terms of the agreement. Beginning in 2020, staff re-established the annual review process and each agreement is now reviewed annually at the Planning Commission. If the Commission finds the parties to the agreement to be compliant, the review period is concluded. If the Commission finds the parties non -compliant, it may take actions, per the resolution. For the previous review periods each agreement was found to be in compliance.

Page 345 of 1627 ends

The City currently has seven (7) active development agreements. Of the seven (7) active agreements, one (1) project is completed, one (1) is not active and five (5) are in progress. Each of the development agreements have specific terms and conditions agreed to by the City and developer.

DEVELOPER

PROJECT
START
END
TERM

PROJECT
STATUS
Pardee
Homes
Sundance
August 2004
August 2029
25 years
Active/In
Progress
Pardee
Homes
Tournament
Hills
November 2002
November
2027
25 years
Active/In
Progress
SDC
Fairway
Canyon LLC
Fairway
Canyon
November 2002
November
2027
25 years
Active/In
Progress
LV
Heartland
LLC
Heartland
Specific
Plan/Olivewood
October 1993
December
2028
35 years
Active/In
Progress
Exeter
Cherry
Valley Land
LLC
Sunny -Cal
Specific Plan
September
2007
September
2032
25 years
Not Active
McDonald
Property
Group
Hidden Canyon
Specific Plan
December 2019
December
2026
7 years
Complete
USEF
Crossroads

II I, LLC
Rolling Hills
June 2021
Terminated
upon either
party's
request
N/A
Active/ In
Progress
Pardee Homes (PLAN2024-0150)
Entitlements consist of Sundance Specific Plan, EIR Addendum, Tentative Maps on approximately 200 acres of land for a maximum of 4,597 single-family residential dwelling units and associated improvements. There were revisions to the original DA for Deutsch SP that allows for Community Facilities District (CFD), fee rates are not locked in and extends validity of tract maps for length of the DA (see Attachment C).

Pardee Homes (PLAN2024-0152)
Tournament Hills is part of Specific Plan 318 (Oak Valley SCPGA) more specifically, 409 dwelling units of the 4,660 dwelling units approved in the Oak Valley SCPGA SP, other entitlements consist of Tentative Maps, EIR and Addendums. The DA allows for

Page 346 of 1627 ends

Phasing, Community Facilities District (CFD) and fee rates are not locked (see Attachment D).

SDC Fairway Canyon LLC (PLAN2024-0145)
This DA is a part of Specific Plan 318 (Oak Valley SCPGA) with a maximum of 4,660 dwelling units. Entitlements also include EIR and Addendum, Findings of Substantial Conformance, Vesting Tentative Maps. The DA allows for Phasing, Community Facilities District (CFD) and fee rates are not locked (see Attachment E).

LV Heartland LLC (PLAN2024-0146)
The Heartland SP consists of 417 acres allowing for a maximum of 1,224 residential units and 11 acres of commercial land. Entitlements also include a General Plan Amendment, Specific Plan, EIR, and Tentative Maps. The DA has an option for one, five (5) year extension if permits for at least 500 residential lots have been issued prior to original expiration. The DA addresses a settlement agreement issue and offers dedication. It allows for a Community Facilities District (CFD) and requires a deposit for formation. The DA provides for the establishment of a Homeowners Association (HOA) and outlines HOA obligations. It requires a Phasing Plan for phasing of the development and fee rates are not locked in. The DA extends validity of tract maps for ten years with the opportunity for two, one (1) year extensions and allows for vesting tentative maps. It also speaks extensively to sewer treatment and facilities (see Attachment F).

Exeter Cherry Valley Land LLC (PLAN2024-0151)
Entitlements include General Plan Amendment, Sunny -Cal Specific Plan, EIR, Annexation, Tentative Maps on approximately 200 acres of land for a maximum of 597 single-family residential dwelling units and associated improvements. The DA allows for Community Facilities District (CFD) and phasing. Fee rates are not locked in, and it provides a Statement of Benefits to the City (see Attachment G).

McDonald Property Group (PLAN2024-0147)
This DA is a part of Hidden Canyon Specific Plan. Entitlements include Specific Plan, EIR, and Plot Plan. Extension of the entitlements for Plot Plan 2018-0134 for a period of seven (7) years from the current expiration date (November 13, 2026). The allowance of assignment or transfer of the development agreement and establishes a maximum allowable sewer flow (see Attachment H).

USEF Crossroads I, LLC
This DA's entitlements include Rolling Hills Specific Plan, EIR, General Plan Amendment, Addendums, Plot Plan, and Parcel Map. The DA allows for 3 million square feet of industrial development which consists of 126 developable acres in the Rolling Hills Specific Plan. The original Rolling Hills Specific Plan was adopted in April 1991 and amended in 2000 ("First Amendment"), 2002 ("Second Amendment") and

Page 347 of 1627 ends

2004 ("Third Amendment") to reflect changing market conditions and planning considerations. The Fourth Amendment in 2018 was three -fold, to amend zoning standards in the Specific Plan to increase allowable building height, amend zoning ordinance to clearly delineate the uses which are permitted and not permitted in this SPA Zone, and third to amend Permitted Land Uses to recognize that the City has eliminated the LM zoning classification on which the Permitted Land Uses were based and replaced it with a proposed Land use list based on the current M zoning classification. In 2021, a Development Agreement was adopted to address sewer discharge limitations and establish a maximum allowable sewer flow (see Attachment l).

Good Faith and Compliance:

Staff has reviewed all of the current Development Agreements and has determined that all property owners and participants have demonstrated good faith and compliance.

Planning Commission Authority:

Pursuant to Resolution 1987-34, Article 6, Section 601 states that "the City shall review the development agreement every 12 months from the date the agreement is entered into". Section 603 requires that the Planning Commission "conduct a public hearing at which the property owner must demonstrate good faith compliance with the terms of the agreement". Resolution 1987-34 is provided as Attachment A to this staff report. At the February 12, 2025, Planning Commission by a vote of 4-0 made the determination that development agreements are in compliance.

Public Communications:

The annual review was published with a 10 -day hearing notice in addition to a public notice in the Press Enterprise (see Attachment J). At the time of report preparation, the Planning Department has not received any letters of comment from the public in favor or opposition to the project. Any comments received prior to the time of the scheduled Planning Commission meeting will be provided to the Commission at the time of the public hearing.

Fiscal Impact:

The cost to prepare this report is approximately $250.

Recommended Action:

Receive and file.

Page 348 of 1627 ends

Attachments:

A. Resolution No. 1987-34
B. Development Agreement Map
C. Pardee — Sundance DA (PLAN2024-0150)
D. Pardee — Tournament Hills DA (PLAN2024-0152)
E. Fairway Canyon DA (PLAN2024-0145)
F. Heartland DA (PLAN2024-0146)
G. Exeter Cherry Valley — SunnyCal DA (PLAN2024-0151)
H. Hidden Canyon DA (PLAN2024-0147)
I. Rollings Hills DA (PLAN2024-0149)
J. Proof of Publication
Incorporated by Reference:
• City of Beaumont General Plan
• City of Beaumont Zoning Ordinance
• Contents of City of Beaumont Planning Department's Development Agreement Project File PLAN2024-0145 through -0152, PLAN2021-0625, PLAN2021-0776, PLAN2022-0875, PLAN2023-0906 and PLAN2023-0920

Page 349 of 1627 ends

RESOLUTION NO. 1987-34

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF BEAUMONT, CALIFORNIA,

ESTABLISHING PROCEDURES AND REQUIREMENTS

FOR CONSIDERATION OF DEVELOPMENT AGREEMENTS
UNDER GOVERNMENT CODE, SECTIONS 65864-65869.5
WHEREAS, Government Code, Sec. 65864-65869.5 authorize
cities and counties to enter into binding development agreements with person having legal or equitable interests in real property for the development of such property and authorize the City of Beaumont to establish procedures for consideration of
applications for such agreements;
WHEREAS, it is in the public interest to do so and the
public health, safety and welfare will be promoted thereby,

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
gable of Articles
Article 1 Applications
Article 2 Notices and Hearing
Article 3 Standards of Review, Findings and Decision
Article 4 Amendment and Cancellation of Agreement
by Mutual Consent
Article 5 Recordation
Article 6 Periodic Review
Article 7 Modification or Termination
ARTICLE 1 Applications
Section 101
Section 102
Section 103
Section 104
Section 105
Section 106
Authority for adoption
Forms and information
Fees
Qualification as an applicant
Proposed form of agreement
Review of application
Section 101. Authority for ad.pticn. These
regulations are adopted under the authority of Government Code -1-

Page 350 of 1627 ends

Sections 65864-65869.5. The City of Beaumont, a Municipal Corporation, shall hereinafter be referred to as the "City".

Section 102. Forms and information.
(a) The Planting Director shall prescribe the form
for each application, notice and documents provided for or required under these regulations for the preparation and implementation of development agreements.
(b) The Planning Director may require an applicant to
submit such information a.nd supporting data as the Planning Director considers necessary to process the application.

Section 103. Fees. The applications and documents
provided for or required under these regulations shall be accompanied by non-refundable fees and charges for filing and processing in amounts determined by the City Council through a separate resolution, alone or in conjunction with setting other land use fees.

Section 104. Oualification as an applicant. Only
a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement. Applicant includes authorized agent. The Planning Director may require an applicant to submit proof of his interest in the real property and of the authority of the agent to act for the applicant. Before processing the application, the Planning Director shall obtain the opinion of the City Attorney as to the sufficiency of the applicant's interest in the real property to enter into the agreement.

Section 105. proposed form of agreement. Each
application shall be accompanied by the form of development agreement proposed by the applicant. This requirement may be met by designating the City's standard form of development agreement and including specific proposals for changes in or additions to the language of the standard form.

Section 106. Review of application. The Planning
Director shall endorse on the application, the date it is received. He shall review the application and may reject it if it is incomplete or inaccurate for processing. If he finds that the application is complete, he shall accept it for filing. The director shall review the application and determine the additional requirements necessary to complete the agreement.

After receiving the required information, he shall prepare a staff report and recommendation and shall state whether or not the agreement proposed ox in an amended form would be consistent with the general plan and any applicable specific plan.

ARTICLE 2. Notices and Hearing
Section 201
Section 202
Section 203
Section 204
Section 205
Duty to give notice
Requirements for torm and time of
notice of intention to consider
adoption of development agreement
Failure to receive notice
Rules governing conduct of hearing
Irregularity in proceedings
Section 201. Duty to give notice. Upon receipt of
an application, the Planning Commission shall set a date for and - 2 -

Page 351 of 1627 ends

hold a public hearing. The Planning Director shall give notice as required by Section 202 of intention to consider adoption of development agreement.

Section 202. Requirements for form and time of
notice of intention to consider doption of development
a�creement. Any public hearing held pursuant to the provisions of this Chapter shall be noticed in the following manner:
(a) Form of notice. The form of notice of intention
to consider adoption of development agreement shall contain:
(1) The time and place of the hearing;
(2) A general explanation of the matter to
be considered, including a general
description of the area affected; and
(3) Other information required by specific
provision of these regulations or which
the Planning Director considers necessary
or desirable.
(b) Time and manner of notice. Notice shall be given
at least ten calendar days before the hearing in the following manner:
(1) Publication or postinc. Publication at
least once in a newspaper of general
circulation, published and circulated in the
City or if there is none, posting in at
least 3 public places in the City; and
(2) Mailing, Mailing of the notice to all
persons shown on the last equalized
assessment roll as owning real property
within 300 feet of the property which is the
subject of the proposed development
agreement.
(c) Additional notice. The Planning Commission or
City Council as the case may be, may direct that notice of the public hearing to be held before it shall be given in a manner that exceeds the notice ::equirements prescribed by state law. (d) Declaration of existing law. The notice
requirements referred to in subsections (a) and (b) are declaratory of existing law (Govt. Code, Sec. 65867 and Sec. 65854, 65854.5 and 65856 as incorporated by reference). If state law prescribes a different notice requirement, notice shall be given in that manner.

Section 203. Failure to receive notice. The
failure of any person entitled to notice required by law or these regulations does not affect the authority of the City to enter into a development agreement.

Section 204. Rules governing conduct of hearing.

The public hearing shall be conducted as nearly as may be in accordance with the procedural standards adopted under Government Code, Sec. 65804 for the conduct of zoning hearings. Each person interested in the matter shall be given an opportunity to be heard. The applicant has the burden of proof at the public hearing on the proposed development agreement.
- 3 -

Page 352 of 1627 ends

Section 205. irre9ularity in proceedings. No
action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity,
informality, neglect or omission ("error") as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation, or any matters of procedure whatever, unless after on examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is not presumption that error is prejudicialor that injury was done if error is shown.

ARTICLE 3. Standards of Review. Findings and Decision
Section 301 Determination by Planning Commission
Section 302 Decision by City Council
Section 303 Approval of development agreement
Section 301. 'Determination by Planning Commission.

After the hearing by the Planning Commission, the Planning Commission shall make its; recommendation in writing to the City Council. The recommendation shall include the Planning
Commission's determination whether or not the development agreement proposed:
(1) Is consistent with the objectives, policies,
general land uses and programs specified in
the general plan and any applicable specific
plan;
(2) Is compatible with the uses authorized in,
and the regulations prescribed for, the land
use district in which the real property is
located;
(3) Is :.n conformity with public convenience,
general welfare and good land use practice,
(4) Will be detrimental to the health, safety
and general welfare,
(5) Will adversely affect the orderly
development of property or the preservation
of property values.

The recommendation shall include the reasons for recommendation.

Section 302. Decision by City Council.
(a) After receiving the recommendation from the
Planning Commission, the City Council shall hold a public hearing after giving notice as required by Section 202. After the City Council completes the public hearing, it may accept, modify or disapprove the recommendation of the Planning Commission. It may, but need not, refer matters not previously considered by the Planning Commission during its hearing back to the Planning Commission for report and recommendation. The Planning
Commission may, but need not, hold a public hearing on matters referred back to it by the City Councl.
- 4 -

Page 353 of 1627 ends

(b) No development agreement may be approved by the
City Council unless all of the following conditions are met:
(1) The City Council must find that:

A. The provisions of the agreement are
consistent with the general plan and any
applicable specific plan; and
B. The development agreement complies with
all applicable zoning, subdivision, and
building regulations and with the general
and any relevant specific plan.
(2) The agreement must state:

A. The specific duration of the agreement;
B. The permitted uses of the property;
C. The density and intensity of use;
D. The maximum height and size of proposed
buildings;
E. Specific provisions for reservation or
dedication of land for public purposes.

Section 303. Approval of development agreement. If
the City Council approves the development agreement, it shall do so by the adoption of an ordinance.

After the ordinance approving the development
agreement takes effect, the City may enter into the agreement.

ARTICLE 4. Amendment and Cancellation of Agreement by Mutual Consent
Section 401 Initiation of amendment or
cancellation by mutual consent
Section 402 Procedure
Section 401. Initiation of amendment or
cancellation. Either party may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into.

Section 402. Procedure. The procedure for
proposing and adoption of an amendment to or cancellation in whole or in part of the development agreement is the same as the procedure for entering into an agreement in the first instance (Articles 1 through 3).

However, where the City initiates the proposed
amendment to or cancelation in whole or in part of the
development agreement it shall first give notice to the property owner of its intention to initiate such proceddings at least ten days in advance of the giving of notice of intention to consider the amendment or cancellation required by Section 202.

ARTICLE 5. Recordation.

Section 501 Recordation of development agreement,
amendment or cancellation
- 5 -

Page 354 of 1627 ends

Section 501. Recordation of development agreement,
amendment or cancellation.
(a) Within 10 days after the City enters into the
development agreement, the City Clerk shall have the agreement recorded with the County Recorder.
(b) If the parties to the agreement or their
successors in interest aa.end or cancel the agreement as provided in Government Code, Sec. 65868, or if the City terminates or modifies the agreement as provided in Government Code Sec. 6586.1 for failure of the applicant to comply in good faith with the terms and conditions of the agreement, the City Clerk shall have notice of such action recorded with the County Recorder.

ARTICLE 6. Periodic RevieN
Section 601
Section 602
Section 603
Section 604
Section 605
Time for and initiation of review
Notice of periodic review
Public hearing
Findings upon public hearing
Procedure upon findings
Section 601. Time for and initiation of review.

The City shall review the development agreement every twelve months from the date the agreement is entered into.

The time for review may be modified either by
agreement between the parties or by initiation in one or more of the following ways:
(1) Recommendation of the planning staff;
(2) Affirmative vote of at least three members
of the Planning Commission;
(3) Affirmative vote of at least three members
of the City Council
Section 602. Notice of periodic review. The
Planning Director shall begin the review proceeding by giving notice that the Planning Commission intends to undertake a periodic review of the development agreement to the property owner. He shall give notice at least ten days in advance of the time at which the matter will be considered by the Planning Commission.

Section 603. Public hearing. The Planning
Commission shall conduct a public hearing at which the property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the property owner.

Section 604. Findings upon public hearinc. The
Planning Commission shall determine upon the basis of substantial evidence whether or not •:he property owner has, for the period under review, complied in good faith with the terms and conditions of the agreement.

Section 605. Procedure upon findings.
(a) If the Planning Commission finds and determines
on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded.
- 6 -

Page 355 of 1627 ends

(b) If the Planning Commission finds and determines
on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the Planning Commission may modify or terminate the agreement.
(c) The Planning Comniossion shall make its decision
within 20 days after the close of the public hearing. Notice of the decision shall be filed by the Planning Director with the City Clerk, together witha report of the proceedngs, not more than 10 days after the decision. A copy of the notice of decision shall be mailed by registered mail to the applicant. If the Planning Commission is unable to make a decision, that fact shall be reported to the City Council in the same manner for reporting decisions and the failure to make a decision shall constitute a denial of the application. The decision of the Planning Commission shall be final unless, within 15 days of the mailing of said decision, the applicant or any interested person files an appeal accompanied by the fees set forth in the fee schedule with the City Clerk or unless the Council orders the matter set for public hearing.

ARTICLE 7. Modification or Terminations.

Section 701 Proceedings upon modification or
termination
Section 702 Hearing on modification or
termination
Section 701. proceedings upon modification or
termination. If, upon a finding under Section 605(b), the City determines to proceed with modification or termination of the agreement, the City shalt. give notice referred to in Section 605 (c) to the property owner: of its intention so to do. The notice shall contain:
(1) The time and place of the hearing;
(2) A statement as to whether or not the City
proposes to terminate or to modify the
development agreement;
(3) Other information which the City considers
necessary to inform the property owner of the
nature of the proceeding.

Section 702. Hearing on modification or
termination. At the time and place set for the hearing on modification or termination, the property owner shall be given an opportunity to be heard. The City Council may refer the matter back to the Planning Commission for further proceedings or for report and recommendation. The City Council may impose those conditions to the action it takes as it considers necessary to protect the interests of the City. The decision of the City Council is final.

NOW THEREFORE, IT IS HEREBY RESOLVED as folows:

The City Council of the City of Beaumont, California does hereby approve the procedures and requirements of development agreements.

MOVED, PASSED AND ADOPTED this 11th day of May, 1987, by the following vote:
-7-

Page 356 of 1627 ends

AYES: Council Member Connors, Shaw, Waller and Mayor Partain.

NOES: None.

ABSTAIN: None.

ABSENT: None.

ATTEST:

CITY CLE K

APPROVE

CITY ATTO

MAY BEAUMONT

CERTIFICATIQN
The foregoing is certified to be a true copy of Resolution No. 1987- 34, duly adopted by said City Council on the date herein set forth.
- 8

CITY CLERK, CITY OF BEAUMONT

Page 357 of 1627 ends

Page 358 of 1627 ends

ORDINANCE NO. 869

AN UNCOD ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF BEAIIODNT, CALIFORNIA, ADOPTING THE DEVELOPMENT

AGREEMENT BETWEEN THE CITY OF BEAUMONT AND

PARDEE HOMES
(PURSUANT TO GOVERNMENT CODE SECTIONS 65864-65869.5)
WHEREAS, in order to strengthen the public planning process, to encourage private participation in cow. { - e planning, and the reduce the economic risks of development, the Legislature of the S e of California has adopted Sections 65864 through 65869.5 of the Government Code w u'ch authorize the City of Beaumont (hereinafter referred to as "City") to enter into a Development Agreement; and
WHEREA the Beaumont City Council adopted an Addendum to the Deutsch Specific Plan Environmental Report, in conjunction with the approval of Pardee Homes' Sundance Specific Plan on Ma 4, 2004, and the City Council finds that the findings made in connection with said Addendum are applicable and adequately address the environmental implications associated with the actions; and
WHERE the applicant, Pardee Homes, proposed and submitted and City staff has reviewed and neg the Development Agreement between Pardee Homes and the City, to govern the carrying ut of the Sundance Specific Plan in a manner that will ensure certain anticipated benefits both the City and Pardee Homes; and WHEREAS, duly noticed public hearings were conducted on this matter as required by law by the Planning Commission on June 8, 2004 and the City Council on July 20, 2004, and the Planning Commission recommends that the City Council approve the proposed Development Agreement based upon the following findings:

1. The proposed agreement is consistent with the objectives, policies, general land uses and programs specified in the Beaumont General Plan;

2. The proposed agreement facilitates land uses which are compatible with the uses authorized in, and the regulations prescribed for, the land use districts in which the real )roperty is located;

3. The proposed agreement is in conformity with public convenience, general welfare and good land use planning practice;

Page 359 of 1627 ends

ORDINANCE NO. 869

Page 2 ends

4. The proposed agreement will not be detrimental to the health, safety ; ' general welfare;

5. The proposed agreement will not adversely affect the orderly develo ► i , of the property or the preservation of property values;

6. The proposed agreement will facilitate quality master planned develo ► ' ent, the Sundance Specific Plan, which will aid in the economic development • f the City; and

7. The proposed agreement will not have an adverse impact on the envir ► nment.

WHEREAS, the City Council of the City of Beaumont has reviewed the r ' : • ns for the recommendation of approval by the Planning Commission as described above.

THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DO HEREBY ORDAIN AS FOLLOWS:

SECTION I: It has been determined that:

A. The provisions of the Development Agreement between the City and ` ardee Homes are consistent with the General Plan; and
B. The Development Agreement complies with all applicable zoning, su ► ► 'vision and building regulations and with the Sundance Specific Plan; and C. The Development Agreement states the duration of the Agreement : i be a period of 25 years, sets forth the uses of the property, and the density and intensity of use, and sets forth the maximum height and size of proposed buil ' : ; and provides for the reservation, dedication and improvement of land for public facility uses.

SECTION 2: The Development Agreement between the City and Pardee H. es attached hereto as Exhibit "A" is hereby approved and the Mayor of the City of is authorized and directed to execute said Development Agreement on behalf of the Ci on or after the date when by law this Ordinance shall take effect.

SECTION 3: This Ordinance shall take effect thirty (30) days after its final : - and within fifteen (15) days after its passage the City Clerk shall cause a summary to be ► ► lisped in a newspaper of general circulation, printed and published in the City of Beaumont, in : manner prescribed by law for publishing of ordinances of said City.

Page 360 of 1627 ends

ORDINANCE NO

Page 3 ends

869
MOVED, PASSED AND ADOPTED THIS 17th DAY OF August ,
2004 BY THE FOl
AYES: Mayor Di
NOES: None.

ABSTAIN: None
ABSENT: None
ATTEST:

LOWING VOTE:
essel, Council Members Fox, DeForge, Berg, and Killough.

MAYO ' t ' I OF B UMONT

Page 361 of 1627 ends

RECORDING REQUESTED BY, AND
WHEN RECORDED, MAIL TO:

City Clerk
City of Beaumont
550 East Sixth Street
Beaumont, California 92223
EXEMPT: GOV'T CODE § 6103
(Pur
(Space above
D0C # 2006-0172944
03/10/2006 08:00A Fee:NC

Page 1 of 30 ends

Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
1111111111111 Ill! 1111111111111111
VIII III 11111 1111 1111
C

DEVELOPMENT AGREEMENT
NO. 04 -DA -06

BETWEEN

THE CITY OF BEAUMONT
AND

PARDEE HOMES
(SUNDANCE SPECIFIC PLAN)
ant to California Government Code Sections 65864 - 65869.5 and City of Beaumont Resolution No. 1987-34)
August 17, ,2004
R
5/11,04 4000.88
H&O: #10638 v:3

Page 362 of 1627 ends

TABLE OF CONTENTS
Page

1. DEFINITIONS 2

2. EXHIBITS 3

3. MUTUAL BENEFITS 3

4. INTEREST OF THE DEVELOPER 3

5. BINDING EFFECT OF AGREEMENT 4

6. PROJECT AS A PRIVATE UNDERTAKING 4

7. TERM 4

8. HOLD HARMLESS 4

9. VESTED RIGHT 4

10. DEVELOPMENT OF THE PROJECT 5

10.1 Phasing and Timing of Development 5

10.2 Effect of Agreement on Land Use Regulations 5

10.3 Application Processing 5

10.4 Administrative Changes and Amendments 5

10.5 Mello -Roos Communities Facilities Districts; Other Assessment Districts or Financing Mechanisms 6

10.6 Public Services and Facilities 6

10.7 Other Governmental or Quasi -Governmental Permits 6

10.8 Consistency Between This Agreement and Current Laws 6

10.9 Assessments, Fees, Mitigation and Exactions 7

10.10 Reimbursement by the City 7

11. RULES, REGULATIONS, REQUIREMENTS AND OFFICIAL POLICIES 7

11.1 New Rules 7

11.2 State and Federal Laws 8

12. AMENDMENT OR CANCELLATION OF AGREEMENT 8

13. ENFORCEMENT 8

14. PERIODIC REVIEW OF COMPLIANCE WITH AGREEMENT 8

15. Events of Default 9

15.1 Default by the Developer 9
5,11;04 4000.88
H&O: 10638 v3

Page 36 ends

TABLE OF CONTENTS
Page

15.2 Default by the City 9

15.3 Specific Performance Remedy 9

16. INSTITUTION OF LEGAL ACTION 10

17. WAIVERS AND DELAYS 10

17.1 Waiver 10

17.2 Third Parties 10

17.3 Force Majeure 10

18. NOTICES 10

19. ATTORNEYS' FEES 11

20. TRANSFERS AND ASSIGNMENTS 11

20.1 Right to Assign 11

20.2 Release Upon Transfer 11

21. COOPERATION IN THE EVENT OF LEGAL CHALLENGE 11

22. EMINENT DOMAIN 11

23. AUTHORITY TO EXECUTE 11

24. ESTOPPEL CERTIFICATES 11

25. RECORDATION 12

26. PROTECTION OF MORTGAGE HOLDERS 12

27. SEVERABILITY OF TERMS 13

28. SUBSEQUENT AMENDMENT TO AUTHORIZING STATUTE 13

29. INTERPRETATION AND GOVERNING LAW 13

30. SECTION HEADINGS 13

31. INCORPORATION OF RECITALS AND EXHIBITS 13

32. RULES OF CONSTRUCTION AND MISCELLANEOUS TERMS 13

32.1 Gender 13

32.2 Time df Essence 13

32.3 Cooperation 13

33. TENTATIVE TRACT MAP EXTENSIONS 13

34. DEUTSCH DEVELOPMENT AGREEMENT 14
5;11, 04 4000.88
H&O: 410638 v3

Page 3611 of 1627 ends

DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT ("Agreement") is entered into to be effective on Lick i 7 , 2004, between PARDEE HOMES, a California corporation (the "Developer"), and' the CITY OF BEAUMONT, a municipal corporation organized and existing under the laws of the State of California (the "City"). The Developer and the City are sometimes collectively referred to herein as the "parties."
RECITALS:

This Agreement is predicated upon the following facts:

A. These Recitals use certain capitalized terms which are defined in this Agreement.

B. Government Code Sections 65864 - 65869.5 authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning and reducing the economic costs of such development. The City has implemented the law contained in such sections by adopting Resolution No. 1987-34, titled "Establishing Procedures and Requirements for Consideration of Development Agreements" (such Resolution, together with the aforementioned Government Code Sections, are being referred to herein as the "Development Agreement Law").

C. ' This Agreement is adopted pursuant to the Development Agreement Law.

D. Developer owns a portion of the property and is under a binding legal contract to acquire the remainder of the property located in the City and more particularly described on Exhibit "A" and as shown on Exhibit "B" attached and made a part of this Agreement (the "Property").

E. The Developer intends to develop the Property in accordance with the Amendment to the Deutsch Specific Plan ("Sundance Specific Plan") as part of the Development Plan, as hereinafter defined (the "Project"). The Project is highly capital intensive, especially in its initial phases, which, in order to make the Project economically and fiscally feasible, requires major commitment to and investment in public facilities and on -site and off -site infrastructure improvements prior to the construction and sale or leasing of residential and commercial buildings. This Agreement will facilitate the logical and orderly development of the Project in the City.

F. The City has determined the Development Plan is consistent with the City General Plan and has approved the Development Plan in order to promote the health, safety and welfare of its citizens and protect the quality of life of the community and the surrounding environment. The Development Plan consists of the Sundance Specific Plan, the Addendum to the Sundance EIR, and Tentative Tract Map Nos. 31468, 31469, 31470 and 31893 approved by 5!11 04 4000.88
11&O: 10638 v3

Page 365 of 1627 ends

the City Council of City on May 4, 2004 by Resolution No. 2004-23. As part of the process of approving the Development Plan, the City has prepared and reviewed, pursuant to the California Environmental Quality Act ("CEQA"), an Addendum to the Deutsch Specific Plan EIR, with respect to the potential significant impacts of the Project resulting from development of the Property. The City has determined based on that review that the Addendum to the EIR adequately addressethe potential significant impacts of the Project, and that accordingly neither a supplemental nor s bsequent environmental impact report is required for the Development Plan and/or this Agreement.

G. All of the proceedings relating to the approval of the Agreement have been conducted in accord ce with the Development Agreement Law and CEQA.

H. On 7 2004, the City Council of the City adopted Ordinance No. g r/i approving this Agreement with the Developer.

I. The terms and conditions of this Agreement have undergone extensive review by the City and its City Council and have been found to be fair, just and reasonable, and the City has found aid determined that the execution of this Agreement is in the best interest of the public health, safety and general welfare of the City and its residents and that adopting this Agreement constitutes a present exercise of its police power.

AGREEMENT
In lig t of the foregoing Recitals, which are an operative part of this Agreement, the parties agree as f /lows:

1. DEFINITIONS.
"Agreement" is this Development Agreement.
"Agreement Date" is the date this Agreement is approved by the City Council. "Alte ative Financing Mechanism" has the meaning given that phrase in Section 10.5 below.
"CE A" is the California Environmental Quality Act, Public Resources Code section 21000 et seq.
"C " is a Community Facilities District formed pursuant to the Mello -Roos Community Facilitie Act of 1982, California Government Code section 53312 et seq. "City' is the City of Beaumont, California.
"Citys Discretion" is discretion exercised by the City in accordance with the policies and principles set forth in the Development Plan, this Agreement and the procedures in effect as of the Effective Date such that the approvals given by the City to the Developer pursuant to the exercise of such discretion shall not be unreasonably withheld or delayed. 5,11,04 4000.88
H&O: #10638 v3
Page HZ of 1627

"Dev
and successors in int
toper" is Pardee Homes, a California corporation, their subsidiary entities, est to all or any part of the Property.
"Dev lopment Agreement Law" is California Government Code sections 65864 et seq., and Resolu 'on No. 1987-34, titled "Establishing Procedures and Requirements for Consideration of De elopment Agreements."
"Dev lopment Plan" is, collectively, the permits, conditions and approvals listed on Exhibit "C."
"Ef ive Date" is that date which is the later to occur of (a) the expiration of the time for filing a ref endum petition relating to this Agreement if no such petition is filed within such period, or (b) the certification of the results of a referendum election are declared approving this Agreement if a ferendum petition is filed within the applicable period. "E is Addendum to the Deutsch Specific Plan Environmental Impact Report certified by the City ouncil of City on January 14, 1991 (Resolution No. 1991-03). "Project" is the proposed mixed -use development of the Property included within the Development Plan and associated amenities, including, without limitation, on -site and off -site public and private improvements, and land uses consisting of residential (approximately 4,450 dwelling units), commercial, parks and schools, as the same may be further defined, enhanced or modified pursuant to the provisions of this Agreement. "Property" is the real property on which the Project is, or will be, located as described on Exhibit "A" attached hereto and shown on Exhibit "B" attached hereto.

2. EXHIBITS. The following documents are referred to in this Agreement, attached hereto and incorporated herein by this reference:

Exhibit Designation Description
A Legal Description of the Property
B Map of the Property
C List of Permits and Approvals

3. MUTUAL BENEFITS. This Agreement is entered into for the purpose of implementing the Development Plan for the Project in a manner that will secure certain assurances to the Developer that the Property may be developed in accordance with the Development Plan and this Agreement, and certain benefits to the City as set forth in this Agreement. The City and the Developer agree that, due to the size and duration of the Project, the Agreement is necessary to achieve those desired benefits.

4. INTEREST OF THL DEVELOPER. The Developer represents that the Developer owns a legal fee in a portion of the Property and an equitable interest in a portion of the Property. 5/11,04 4000.88
H&O: #10638 v3

Page 363 of 1627 ends

5. BINDING EFFECT OF AGREEMENT. The terms and conditions of this Agreement shall be binding upon and inure to the benefit of the parties and their successors and assigns as set forth herein.

6. PROJECT AS A PRIVATE UNDERTAKING. It is specifically understood and agreed that the development of the Project is a private and not a public sector development, that neither party is actin
independent contract
this Agreement. No
Agreement. The on
entity regulating th
equitable owner of tl
as the agent of the other in any respect hereunder, and that each party is an ing entity with respect to the terms, covenants and conditions contained in partnership, joint venture or other association of any kind is formed by this y relationship between the City and the Developer is that of a government development of private property by the owner of the Property and the e Deutsch Parcels.

7. TERM. The term of this Agreement shall be twenty-five (25) years following the Effective Date. Expiration of the term of this Agreement shall not in any manner affect rights which have otherwise vested under applicable law.

S. HOLD HARMLESS The Developer shall hold the City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury, including death and claims for property damage, arising on the Property from the wrongful or negligent activities of the Developer or those of the Developer's contractors, subcontractors, agents, employees or other persons acting on the Developer's behalf which relate to the Project.

In the event any person not a party or a successor to a party to this Agreement institutes any type of action against the City with respect to this Agreement, City and Developer shall cooperate in defending against th action, provided that City may, in its sole discretion, elect to tender the defense of such acti n to the Developer. If the Developer accepts the tender, the Developer shall thereafter hold City less from and defend City from all costs and expenses incurred in the defense of such acti n, provided that City fully cooperates with the Developer in the defense of such action. If the eveloper declines the tender, then City shall have no further obligation or duty to defend the action.

9. VESTED RI HT. By entering into this Agreement the City grants to the Developer a vested right to devel p the Property in accordance with the Development Plan. The City shall not enact and enfor against the Project and the Development Plan an ordinance, policy, rule, regulation or other ensure which significantly alters the rate, type, manner, density, timing or sequencing of the Project and the Development Plan. In addition to and not in limitation of the foregoing, it is the intent of the Developer and the City that no moratorium, whether relating to the rate, type, manner, density, timing or sequencing of the Project and whether or not enacted by initiative or otherwise, except a moratorium imposed by the City to implement State or Federal laws, statutes, regulations, policies or orders as provided in Section 11.2, affecting parcel or subdivision maps, building permits, plot plans, special use permits, conditional use permits, occupancy certificates or other entitlements to use or permits approved, issued or granted within the City, or portions of the City, shall not apply to the Project to the extent such moratorium or other limitation is in conflict with the Project and the Development Plan. Notwithstanding the foregoing, should an ordinance, general plan or zoning amendment, measure, moratorium, policy, rule, regulation or other limitation enacted by the citizens of the City through the initiative process be determined by a court of competent jurisdiction to invalidate or prevail over 5/'11;04 4000.88
H&O: #10638 v3

Page 36 ends

all or any part of the Development Plan, the Developer shall have no recourse against the City pursuant to this Agreement. The foregoing shall not be deemed to limit the Developer's right to appeal any such determination of such ordinance, general plan or zoning amendment, measure, policy, rule, regulatirn, moratorium or other limitation which purports to invalidate or prevail over all or any part of this Agreement.

10. DEVELOP1 ENT OF '1'kH PROJECT.

10.1 Phasing and Timing of Development. When or the order in which Project phases will be developed, or whether it will be developed at all, depend upon numerous factors which are not within the control of the Developer or City, such as market orientation and demand, interest rates, availability of funding, competition and other similar factors.

Accordingly, to the extent permitted by the Development Plan and this Agreement, the Developer shall have the right to develop the Project pursuant to the Development Plan in phases in such order and at such times as the Developer, in its sole discretion, deems appropriate within the exercise of its subjective business judgment; provided, however, that the City reserves the right to review, condition and approve each phase through discretionary and ministerial approvals consistent with this Agreement.

10.2 Effect of Agreement on Land Use Regulations. The rules, regulations and policies governing permitted uses of property, the density and intensity of use of property, the maximum height and size of proposed buildings and the design, improvement, construction and development standards and specifications applicable to development of the Property are those rules, regulations and policies in force as of the date of this Agreement, and those rules, regulations and official policies which may hereinafter be adopted by the City in accordance with Section 11.1 hereof, or State or Federal laws, statutes, regulations, policies or orders as provided in Section 11.2.

10.3 Application Processing. In connection with any approval which the City is permitted or has the right to make under this Agreement relating to the Project and the Development Plan, r otherwise under its rules, regulations and official policies, the City shall exercise the City's iscretion or take action in a manner which is as expeditious as reasonably possible.

10.4 Administrative Changes and Amendments. The parties acknowledge that further planning andl development of the Project may demonstrate that refinements and changes are appropriate with respect to the details of the Project or interpretation of the Development Plan. If and when the parties find that minor changes or adjustments are necessary or appropriate to the Project or the Development Plan, they shall, unless otherwise required by law, effectuate such changes or adjustments through administrative amendments approved by the Director of Plannin which, after execution, shall be attached hereto as addenda and become a part hereof, and ma be further changed and amended from time to time as necessary, with approval by the Dir or of Planning as may be requested by the Developer. Minor changes or amendments shall b those which are consistent with the overall intent of the Development Plan and this Agreement and which do not materially alter the overall nature, scope, or design of the Project. Any such minor administrative changes or amendments shall not be deemed to be an 5/11/04 4000.88
H&O: #10638 v3

Page 360 of 1627 ends

amendment to this Agreement under Government Code Section 65868 and, unless otherwise required by law, no s ch administrative amendments shall require prior notice or hearing.

10.5 Mello -Roos Communities Facilities Districts; Other Assessment Districts or Financing Mechanisms. Pursuant to Chapter 2.5 (commencing with section 53312) Part 1, Division 2, Title 5 of the Government Code of the State of California, commonly known as the "Mello -Roos Community Facilities Act of 1982," the Developer may, at its sole election, petition the City Council of the City or a joint powers agency in which the City is a member to establish a Community Facilities District ("CFD"), in accordance with the City's policies in existence on the Effective Date. Alternatively, or in addition thereto, the Developer may request that the City initiate and complete proceedings under the Municipal Improvement Act of 1911, the Municipal Improvement Act of 1913, the Improvement Bond Act of 1915, the Landscaping and Lighting Act of 1972, or any and all other available public financing mechanism, to provide public conduit financing for the construction of public infrastructure improvements on the Property ("Alternative Financing Mechanisms"). If so requested by the Developer, the City shall cooperate with the Developer (or, for matters beyond its control, shall use its best efforts) in taking all steps neceslsary to cause the CFD or Alternative Financing Mechanisms to issue bonds for such purposes. If the Property is included within a CFD or Alternative Funding Mechanism with other surrounding properties, the special taxes or special assessments burdening the various properties so included shall be apportioned on a fair share basis related to the benefit derived by each of such properties in accordance with City policies at the time such property is included.

10.6 Public Services and Facilities. The Project and Development Plan requires an integrated roadway system, and other public facilities including parks, schools, storm drains, and water and sewer facilities. City will reasonably assist Developer in obtaining public facilities and services for the Project on a timely basis in keeping with the pace of development of the Property. To the extent that the Developer constructs, installs or provides financing for public facilities or other public infrastructure improvements that benefit lands outside of the Property, the City shall use best reasonable efforts to adopt such ordinances, mitigation fees, liens or assessments as are necessary to provide credits, reimbursements, or in -kind funding to the Developer for the fair share of the benefits conferred upon such lands other than the Property by such public facilities or infrastructure improvements.

10.7 Other Governmental or Quasi -Governmental Permits. The Developer shall apply for such other permits and approvals as may be required by other governmental or quasi -governmental agencies having jurisdiction over the Project (such as public utilities or utility districts, or other federal or state agencies) to the extent required for the development of, or provision of, services and facilities to the Project as set forth in the Development Plan. The City shall cooperate with and assist the Developer in obtaining such permits and approvals, and, where necessary in making application for such approvals or permits. The Developer shall be solely responsible for all costs and shall be responsible for the processing of all such permits.

10.8 Consistency Between This Agreement and Current Laws. The City represents that as of the date of the execution of this Agreement, there are no rules, regulations, ordinances or official policies of the City that would interfere with the development of the Project according to the Development Plan.
5/11/04 4000.88
MO: #10638 v3

Page 376 of 1627 ends

10.9 Assessments, Fees, Mitigation and Exactions. The City shall not impose any future assessment, fee, mitigation measure or exaction on the Property, the Project or the Development Plan or any portion thereof, except (a) those existing and proposed assessments, fees, mitigation measures and exactions in existence on the date of this Agreement, (b) such other fees, assessme ts and exactions as may be adopted or imposed by the City in conformance with the requireme ts of Article XIII D of the California Constitution, (c) such other development impact ees or categories of development impact fees which are adopted on a City or County -wide basi or as required as a condition to obtaining County funding; and (d) such other development i pact fees or categories of development impact fees which are imposed on other development p ojects in the City and are adopted and levied based on a benefit assessment.

Fees payable to City shall be at rates applicable on the date the fee is paid. City shall recognize and apply a dollar -f r -dollar in -lieu credit against any and all fees, for and equal to the cost of improvements and/o dedications made in the development of the Project by the Developer, or funded by any CFD r Alternative Financing Mechanism including the Property, and for which the fees would oth se be imposed. City further agrees to use any fees paid with respect to development of the Project to fund improvements which benefit the Project, to the fullest reasonable extent av 'lable and applicable under the law.

10.10 Reim ursement by the City. Pursuant to Government Code Section 65865.2, the City hereby agr that as future development fees, assessments and exactions are imposed on future projects which have benefited from the fees, assessments and exactions paid by the Developer, the City shall promptly reimburse the Developer to the extent that such fees, assessments and exactions paid by Developer benefited lands outside of the Property, but only to the extent that the City actually receives or collects such fees, assessments or exactions for a period of ten years frpm the date the fee was paid.

11. RULES, REGULATIONS, REQUIREMENTS AND OFFICIAL POLICIES.

11.1 New
following new rules,
benefit basis:

11.1.1 estimated actual cos
monitoring compliar
environmental impac

11.1 notices, findings, re<
procedure, provided
materially interfering

11.1.3 including, without li
Electrical Code and I
Rules. This Agreement shall not prevent the City from applying the regulations, requirements and policies, if applied on a City-wide or area of Processing fees and charges imposed by the City which cover only the s to the City of processing applications for development approvals, for ce with any development approvals or for monitoring compliance with mitigation measures.

Procedural regulations relating to hearing bodies, petitions, applications, Ards, hearings, reports, recommendations, appeals and any other matter of that such changes in procedural regulations do not have the effect of with the benefits conferred by this Agreement.

Regulations governing construction standards and specifications mitation, the City's Building Code, Plumbing Code, Mechanical Code, ire Code.
5/11,04 4000.88
H&O: #10638 v3

Page 377 of 1627 ends

11.1. Regulations which are necessary to protect public health and safety, provided that to the mum extent possible such regulations shall be designed, construed and applied in a manner to preserve the benefits of this Agreement.

11.1.5 New or increased fees or categories of fees imposed as a condition of development, for the purpose of defraying all or a portion of the cost of public facilities (as defined in Government Code Sections 66000 et seq.) related to development projects.

11.1.6 Regulations which are in conflict with the Development Plan or this Agreement if such regulations have been consented to in writing by the Developer.

11.2 State
enacted after this
provisions of this
as may be neces
however, that this
inconsistent with
render such remaini
and Federal Laws. In the event that State or Federal laws or regulations eement is executed prevent or preclude compliance with one or more of the eement, such provisions of this Agreement shall be modified or suspended to comply with such State or Federal laws or regulations; provided, eement shall remain in full force and effect to the extent it is not h laws or regulations and to the extent such laws or regulations do not g provisions impractical to enforce.

12. AMENDMENT OR CANCELLATION OF AGREEMENT. This Agreement may be amended or canceled in whole or in part only by mutual consent of the parties in the manner provided for in Government Code Section 65868.

13. ENFORCEMENT. Unless amended or canceled as provided in Section 12 above, or modified or suspen ed pursuant to Government Code Section 65869.5, this Agreement is enforceable by eith party hereto notwithstanding any change in any applicable general or specific plan, zonin , or subdivision regulation or standard adopted by the City (or by the voters of the City unless ound by a court of competent and final jurisdiction to prevail over this Agreement) which alters or amends the Development Plan or is inconsistent with this Agreement.

14. PERIODIC
review this Agreerr
During each periodi
the terms of this A
City Manager and ai
such periodic revie
compliance with thi
City Council. The City Council on appeal shall not hold a public hearing to review a finding that the Developer is no in good faith compliance with this Agreement unless so requested by the Developer in writin at the time of the submission of such appeal. The City shall notify the Developer in writin of the date for review at least thirty (30) days prior thereto. The Developer shall pay or reimbur e the City for the City's reasonable costs incurred in connection with such periodic reviews.

REVIEW OF COMPLIANCE WITH AGREEMENT. The City shall
ent at least once every year from the date this Agreement is executed. review, each party is required to demonstrate good faith compliance with reement. Such periodic review shall be conducted administratively by the y appropriate department heads designated by the City Manager to perform �v. If the City Manager finds that the Developer is not in good faith Agreement, the Developer shall have the right to appeal such finding to the 5111104 4000.88
H&O: #10638 v3

Page 37 ends

15. Events of Default.

15.1 DefaqIt by the Developer. If the City Council determines on the basis of substantial evidence Upon appeal of the City Manager's decision pursuant to Section 14 hereof that the Developer has not complied in good faith with the terms and conditions of this Agreement, it shall, by written notice to the Developer, specify the manner in which the Developer has failed to so comply and state the steps the Developer must take to bring itself into compliance. If, within sixty (60) days after the effective date of notice from the City specifying the manner in which the Developer has failed to so comply, the Developer does not commence action reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then the Developer shall be deemed to be in default under the terms of this Agreement and the City may, if such failure persists after thirty (30) days' prior written notice, exercise its rights and remedies pursuant to Section 15.3.

15.2 Default by the City. If the Developer determines on the basis of substantial evidence that the City has not complied in good faith with the terms and conditions of this Agreement, the Developer shall, by written notice to the City, specify the manner in which the City has failed to so comply and state the steps the City must take to bring itself into compliance.

If, within sixty (60) days after the effective date of notice from the Developer specifying the manner in which the City has failed to so comply, the City does not commence steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then the City shall be deemed to be in default under the terms of this Agreement and if such failure persists after thirty days prior written notice, the Developer may terminate this Agreement or seek specific performance as set forth in Section 15.3.

15.3 Specific Performance Remedy. Due to the size, nature and scope of the Project, it will not be practical or possible to restore the Property to its natural condition following development of all or any portion of the Property. After such development, the Developer may be foreclosed from other choices it may have had to utilize the Property. The Developer has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing substantially more time and resources in implementing the Project in reliance upon the terms of this Agreement. It would be difficult or impossible to accurately determine the sum of money which would adequately compensate the Developer for such efforts. For the above reasons, the City and the Developer agree that damages alone would not be an adequate remedy if the City fails to carry out its obligations under this Agreement. Similarly, if the Developer breaches certain of its obligations hereunder, monetary damages may not constitute an adequate remedy for the City.

Therefore, the parties agree that specific performance of this Agreement is an appropriate remedy if either party defaults and fails to perform its non -monetary obligations under this Agreement. Notwithstanding the foregoing, nothing in this Agreement is intended to prevent either party from seeking recovery of appropriate damages in the event that the terms of this Agreement are breached. The City and the Developer acknowledge that if the Developer is in default of its obligations under this Agreement, the City shall have the right to refuse to issue any permits or other approvals to which the Developer would not otherwise have been entitled but for this Agreement.
5111/04 4000.88
H&O: #10638 v3

Page 370 of 1627 ends

16. INSTITUTI N OF LEGAL ACTION. In addition to any other rights or remedies, either party may in itute legal action to cure, correct or remedy any default, to enforce any covenants or agreements herein, to enjoin any threatened or attempted violation hereof, to recover damages for any default or to obtain any other remedies consistent with the purpose of this Agreement. Any such legal action shall be brought in the Superior Court of the State of California for the County of Riverside. The parties hereto waive any right to trial by jury.

17. WAIVERS AND DELAYS.

17.1 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, and failure by a party to exercise its rights upon a default by the other party hereto, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future.

17.2 Third Parties. Nonperformance shall not be excused because of a failure of a third person except as provided in Section 17.3 below.

17.3 Force Majeure. Neither party shall be deemed to be in default for failure or delay in performance of any of its obligations under this Agreement if caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes, other labor difficulties, government regulations or other causes beyond either of the parties' control. If any such event shall occur, the term of this Agreement and the time for performance by the Developer of any of its obligations hereunder or pursuant to the Development Plan shall be extended by the period of time that such events prevent or delay development of the Project.

18. NOTICES. All notices required or provided for under this Agreement shall be in writing and delivered in person and deposited in the United States mail, postage prepaid and addressed as follows:

To the City: The City of Beaumont
550 East Sixth Street
Beaumont, California 92223
Attn: City Manager
With a copy to: Mr. Joseph Aklufi
Aklufi & Wysocki
3403 Tenth Street, Suite 610
Riverside, CA 92501
To the Developer: Pardee Homes
1181 California Ave., Suite 103
Corona, CA 92881
Attn: Michael Taylor
With a copy to: Hewitt & O'Neil LLP
19900 MacArthur Blvd., Suite 1050
Irvine, California 92612
Attn: Dennis D. O'Neil, Esq.

Any party may change its address stated herein by giving notice, in writing, to the other parties. 5111/04 4000.88
H6tO: #10638 v3

Page 334 of 1627 ends

19. ATTORNE S' FEES. If legal action is brought by either party against the other for breach of this Agree ent, or to compel performance under this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys' fees and costs.

20. TRANSFERS AND ASSIGNMENTS.

20.1 Right to Assign. The Developer shall have the right to sell, assign or transfer this Agreement and any and all of its rights, duties and obligations hereunder, in whole or in part, to any person or entity at any time during the term of this Agreement; provided, however, in no event shall the rights, duties and obligations conferred upon the Developer pursuant to this Agreement be at any time so transferred or assigned except through a transfer of an interest of the Developer in the Property, or a portion thereof. The assignment shall not be effective without the City' s prior approval, which shall not be unreasonably withheld, to ensure that the assignment will not prevent the orderly development of the Project consistent with the Agreement or Development Plan. In the event of any such assignment, the transferee shall thereafter be solely liable for the performance of all obligations of the Developer relating to the portion of the Property, or interest therein, so transferred. Such transferee or the Developer shall notify the City, in advance, and in writing of their intent to transfer such obligations.

20.2 Release Upon Transfer. Upon the sale, transfer or assignment of the Developer's rights and interests under this Agreement as permitted pursuant to Section 20.1, the Developer shall be released from its obligations under this Agreement and all of the Developer's obligations pursuant to the Development Plan, or other agreements assumed by transferee with respect to the Property, or portion thereof, so transferred, provided that (a) the Developer is not then in default under the Agreement, (b) the Developer or transferee has provided the City notice of such transfer and i(c) the transferee executes and delivers to the City a written agreement in which (i) the name and address of the transferee is set forth and (ii) the transferee expressly and unconditionally assumes all of the obligations of the Developer under this Agreement with respect to the Property, or a portion thereof, so transferred.

21. COOPERATION IN THE EVENT OF LEGAL CHALLENGE. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of this Agreement or any portion thereof, the parties hereby agree to cooperate in defending such actin, subject to the provisions of Section 8. In the event of any litigation challenging the effetiveness of this Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending.

22. EMINENT
restrict the exercise

23. AUTHORIT
behalf of the Devel
Agreement on behalf
bind the Developer t

24. ESTOPPEL
days' prior written n
)OMAIN. No provision of this Agreement shall be construed to limit or y the City of its power of eminent domain.

Y TO EXECUTE. The person or persons executing this Agreement on oper warrant and represent that they have the authority to execute this of the Developer and warrant and represent that they have the authority to the performance of its obligations hereunder.

CERTIFICATES. The City shall at any time upon not less than thirty (30) Mice from the Developer execute, acknowledge and deliver to the Developer 5/11/04 4000.88
H&O: #10638 v3

Page 371 ends

a statement in writing (i) certifying that this Agreement is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Agreement, as so modified, is in full force and effect); (ii) certifying the amounts of the fees, assessments and exactions that have been received from the Developer and what amounts, if any, remain outstanding; and (iii) acknowledging that there are not, to the City's knowledge, any defaults if any are claimed. Any such statement may be conclusively relied upon by any prospective purchaser, lender or joint venture partner.

25. RECORDA
recorded in the Offi
required by Section
ON. This Agreement and any amendment or cancellation hereto shall be ial Records of the County of Riverside, by the City Clerk within the period 5868.5 of the Government Code.

26. PROTECTION OF MORTGAGE HOLDERS. The parties hereto agree that this Agreement shall noo prevent or limit the Developer, in any manner, at the Developer's sole discretion, from en mbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. The City knowledges that the lenders providing such financing may require certain interpretations, esto pel certificates and modifications to this Agreement and agrees upon request, from time t time, to meet with the Developer and representatives of such lenders to negotiate in good fai h any such request for interpretations, estoppel certificates or modifications.

The City will not easonably withhold its consent to any such requested interpretation, estoppel certificate or modification provided the same is consistent with the intent and purposes of this Agreement. The holder(s) of any mortgage, deed of trust or other security instrument encumbering the Property (each, a "Mortgagee") shall have the following rights and privileges:

26.1. l Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law.

26.1. manner specified h
City of any default
this Agreement.

Any Mortgagee which has submitted a request in writing to the City in the ein for giving notices, shall be entitled to receive written notification from y the Developer in the performance of the Developer's obligations under

26.1. If the City timely receives a request from a Mortgagee requesting a copy of any notice of def ult given to the Developer under the terms of this Agreement, the City shall provide a copy of t t notice to the Mortgagee within ten (10) days of sending the notice of default to the Deve oper. Mortgagee's not party to this Agreement. If the cure period for a default by the Developer set forth in Section 15.1 above has expired and such default has not been cured, the Mortgagee shall be provided with an additional thirty (30) day period after the expiration of such cure period in which to commence all steps reasonably necessary to bring the Developer in compliance as required under this Agreement and thereafter diligently pursue such steps to completion During such cure period, and if the default is ultimately cured, the City shall not terminate this Agreement.

26.1.4 Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such 5/11;04 4000.88
H8cO: #10638 v3

Page 37 ends

foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement.

Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of the Developer's obligations or other affirmative covenants of the Developer hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by the Developer is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of this Agreement.

27. SEVERABILITY OF TERMS. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to enforce.

28. SUBSEQUENT AMENDMENT TO AUTHORIZING STATUTE. This Agreement has been entered into in reliance upon the provisions of the Development Agreement Law in effect as of the Agreement Date. Accordingly, subject to Section 11.2 above, to the extent a subsequent amendment to the Development Agreement Law would affect the provisions of this Agreement, such amendment shall not be applicable to the Agreement unless necessary for this Agreement to be enforceable or unless this Agreement is modified pursuant to the provisions set forth in the Agreement and Government Code Section 65868 in effect on the Agreement Date.

29. INTERPRETATION AND GOVERNING LAW. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California.

30. SECTION HEADINGS. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

31. INCORPORATION OF RECITALS AND EXHIBITS. Recitals A through J and attached Exhibits "A" through "E" are hereby incorporated herein by this reference as though set forth in full.

32. RULES OF CONSTRUCTION AND MISCELLANEOUS TERMS.

32.1 Gender. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive.

32.2 Time of Essence. Time is of the essence regarding each provision of this Agreement in which time is an element.

32.3 Cooperation. Each party covenants to take such reasonable actions and execute all documents that may be necessary to achieve the purposes and objectives of this Agreement.

33. TENTATIVE TRACT MAP EXTENSIONS. In accordance with the provisions of Section 66452.6 of the California Government Code, tentative subdivision tract map(s) or 5/11/04 4000.88
H&O: #10638 v3

Page 37 ends

tentative parcel map(s), heretofore or hereafter approved in connection with development of the Property, shall be granted an extension of time for the term of this Agreement.

34. DEUTSCH DEVELOPMENT AGREEMENT. This Agreement shall supersede that certain Development Agreement between the City and Highland Farms, Aleisian Farms and Banning Farms (Deutsch) dated April 25, 1991 and recorded on May 24, 1991 in the Office of the Riverside County Recorder ("Deutsch Development Agreement"), except for any obligation Developer may have to provide access to the City's sewer system to those properties located on Eighth Street as may be required under the terms of the Deutsch Development Agreement.

The parties have executed this Development Agreement on the date and year first written above.
"City"
'rift CITY OF BEAUMONT, a
municipal corporation of the State of California
"Developer"
PARDEE HOMES, a Califoryja corporation
By:

By:
.Mate TAYC0r,
Tit

SIGNED AND CERTIFIED THAT A COPY OF

THIS DOCUMENT HAS BEEN DELIVERED TO

THE MAYOR OF THE CITY COUNCIL
By: An 1,„H C e
Lynn Chance, City Clerk
(All Signatures To Be Notarized)
5/11/04 4000.88
H&O: #10638 v3

Page 37 ends

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Yfi K�
State of California
County of
we I -5i
On 3/319
Date
personally appeared
before me,

KAREE TRIM
rosismiKinds.964641b464164.641
Commission 91413025
Nolmy Publc • Callontla
Riverside dour*
My Comm. Expires Apr22, 2007
u� i Iu1 a ct1 , I v eitt. i'q fl k tic.,
Name and Title of Officer (e.g., "Jane Doe, Note Public") r-e%e1.

Name(s) of Signer(s)

71.personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(fi) whose name( is/pee
subscribed to the within instrument and
acknowledged to me that he/§14e/ (ey executed
the same in his/h%/thpfr authorized
capacity(i), and that by his/tAr/pieir
signature ) on the instrument the person(V, or
the entity upon behalf of which the person(4
acted, executed the instrument.

WITNESS my hand�and official seal.

OPTIONAL
gnature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document - Description f Attached Document a
Title or Type of ocument: li`� t Of) i11+�.G1T1 4-1 v,ee t1t f- Document Date: ')'? / g C 0 / Number of Pages: l
Signer(s) Other than Named Above:

Capacity(ies Claimed by Signer
Signer's Name:
• Individual
11 Corporate Officer — Title(s):

Partner — u Limited L= General
E Attorney -in -Fact
E Trustee
• Guardian or Conservator
Other:

Signer Is Representing:
;..<`(��.,,4!';
999 National Notary Assocation • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 913113-2402 • xww.nat.oralr°tary.org Prod. Na 5907 Peoraer, Call Toll -Free 1-d00-876-6827

Page 379 of 1627 ends

•

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On February 16, 2006, before me, Sherrie Jossen, Notary Public, personally appeared John Arvin, Sr. Vice President, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

SHERRIE JOSSEN
Commission # 1423346
Notary Public - California 7
Los Angeles County
My Comm. Expires Jun 9, 2007
WITNESS my hand and official seal
Sherrie Jossen
Notary Public in and for said state.
-OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

Title or Type of Document:

Additional Information:

Date of Document:

Signer is Representing:

DESCRIPTION OF ATTACHED DOCUMENT
Development Agreement
Sundance Specific Plan
August 17, 2004

PARDEE HOMES
Signer(s) other than named above: N/A
Name of Signer: John Arvin
Signing As:

INDIVIDUAL
x CORPORATE OFFICER
Number of Pages: 17

CAPACITY CLAIMED BY SIGNER
TITLE: Sr. Vice President
❑ PARTNER(S)
❑ LIMITED ❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE
❑ GUARDIAN/CONSERVATOR
❑ OTHER:

THUMB PRINT

RIGHT THUMB

Page 380 of 1627 ends

Place Notary Seal Above

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
77r
State of Californi
County of 1v lt6
On '0 `f 0 ,,D 1J) , before me, LoTaZAr1' IJ: ` `I kSN pr ,t J4 Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared MtitortkidAIL ',,,
Name(s) of Signer(s)
Q rsonally known to me
(❑ proved to me on the basis of satisfactory
evidence
to be the person whose nametetp is/ar -
subscribed to tht within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity("iee), and that by his/horltkeir
signature(] on the instrument the person, or
the entity upon behalf of which the person*
acted, executed the instrument.

ITNE y hand and offic' I sea
Signature of Notary Pub
c

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

Description of Attached I.Wument - �--
Title or Type of Document: � �I �
,e�rr e� c, � ""
Document Date:
02110 Iola
Signer(s) Other Than Named Above: Apoe
Capacity(ies) Claimed by Signer
Signer's Name: Vit\i--
11 Individual
00, Corporate Officer — Title(s):

Partner — ❑ Limited E General
Attorney in Fact
Trustee
E Guardian or Conservator
Other:

Signer Is Representing:

Number of Pages:

Top of thumb here
"-�:''<, „i..,,, �;<.:t�. ,` , :`-�.'� -c, „ �.,'!"-�;rL.s,��r r,.:!'.�:5`_ ;r . - .•Yrr -PttlY9 Netter -Al Notary A:,,o4uhon • 9350 Ce Sc o Ave., P O Box 2402 • Ci etswcnh, CA 91313-2402 • ::,taw .cattons .m, crg 'tract ^.o. 5§07 Eeorder: Call Toil -Free i-2GC-d76-6827

Page 381 of 1627 ends

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
(1
State of California
A
i
County of
On 49 lipttf,
personally appeared
SS.
before me,l -Vcie L KO d i 6 v L i FU lj 1-1C.-
KARS TRNfiDAD
Commission i 1413025
Notary Pubic - CaRlomla
Riverside dainty WITNE
My COMM. ExpkesApr 22, 2007
Though the informa

OPTIONAL
LName and Title of ONlcai (e.g., "Jane Doe, Nota Public") G') n v 114-1/1 C �--
Name(s of Signer(s)
rsonally known to me
proved to me on the basis of satisfactory
evidence
to be the person) whose name(' is/416
subscribed to the within instrument and
acknowledged to me that l /she/SM(ey executed
the same in tJ /her/thlaf'r authorized
capacity(i01, and that by It/her/tt14ir
signature(s on the instrument the person,), or
the entity upon behalf of which the persons
acted, executed the instrument.
my hapd a
icial seal.

Signat/re of Notary Public
ion below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

Description of Attached Document
Title or Type of Document: e V . £ G 7 ay
Document Date:
-?-14.3/
Number of Pages:
19-
Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
- Partner — (mited General
• Attorney-in-F4ct
D, Trustee
• Guardian or Conservator
- Other:

Signer Is Representing:

Top of thumb here
t;E�,•-nt:L �E, ,� E:Zr�� , �t,`n, �t,E www.rat oralrota,' ;rg Prod. No. 5907 Reorder: Cad Toil -Free I-500-875-6827

Page 382 of 1627 ends

EXHIBIT A

LEGAL DESCRIPTION OF THE PROPERTY
5'11,0.4 4000.88
H&O: #10638 v3
PageEiElilDitfAl627

RBF Consulting
14725 Alton Parkway
Irvine, California 92618
Exhibit "A"

LEGAL DESCRIPTION

SUNDANCE DEVELOPMENT AGREEMENT
October 17, 2003
JN 10-102112.01

Page 1 of 3 ends

That certain parcel of land situated in the City of Beaumont, County of Riverside, State of California, being that portion of Section 35, Township 2 South, Range 1 West together with all of Section 2 and that portion of Section 11, Township 3 South, Range 1 West, all San Bernardino Meridian, described as follows:

BEGINNING at the centerline intersection of Brookside Avenue and Cherry Avenue being also the northwest corner of said Section 35 and an angle point in the existing boundary line of the Beaumont -Cherry Valley Water District. thence along said existing boundary line and the westerly line of said Section 35 South 00°50'06L West 1420.14 feet to an angle point in said existing boundary line as established by "Annexation to Beaumont -Cherry Valley Water District LAFCO 92-19-3"; thence along the northerly, easterly and southerly lines of said annexation through the following courses: South 89°45'24L East 660.97 feet;
thence South 00°51'43L West 566.03 feet;
thence North 89°45'24L West 660.70 feet to said westerly line of Section 35; thence leaving said southerly line, continuing along said existing boundary line through the following courses: along said westerly Tine South 00°50106L West 662.03 feet to the west quarter corner of said section;
thence continuing along said westerly line South 00°39'07L West 2635.83 feet to the northwest corner of said Section 2;
thence along the westerly line of said Section 2 South 00°32'42L West 2401.99 feet to the west quarter corner of said section;

Page 384 of 1627 ends

RBF Consulting
Sundance Development Agreement
October 17, 2003
JN 10-102112.01

Page 2 of 3 ends

thence continuing along said westerly Tine South 00°18'18[ East 2637.67 feet to the southwest corner of said Section 2;
thence along the southerly line of said Section 2 South 88°12'51L East 2401.95 feet to the northeasterly corner of Lot 7, Block 1 of the Map of the Subdivision of Section 11, Township 3 South, Range 1 West, San Bernardino Meridian recorded in Book 9, Page 10 of Maps in the Office of the County Recorder of said San Bernardino; thence along the easterly line of said Lot 7 and the southerly prolongation thereof South 00°16'11L West 186.80 feet to the centerline of Eighth Street; thence along said centerline through the following courses: South 89°46'16L East 424.88 feet;
thence South 89°44'45L East 1551.55 feet to the beginning of a tangent curve concave northerly and having a radius of 1000.00 feet;
thence along said curve easterly 251.56 feet through a central angle of 14/24'48L; thence tangent from said curve North 75°50'27L East 177.60 feet to the beginning of a tangent curve concave southerly and having a radius of 1000.00 feet; thence along said curve easterly 239.28 feet through a central angle of 13,42'36[; thence tangent from said curve North 89°33'03L East 215.76 feet to the centerline of Highland Springs Avenue, being also the southeasterly corner of said Section 2; thence leaving said centerline of Eighth Street and existing boundary line of Beaumont - Cherry Valley Water District, along the easterly line of said Section 2 North 00° 10'30[ East 2640.08 feet to the east quarter corner of said section; thence continuing along said easterly line North 00°10'12[ East 2541.66 feet to the northeast corner of said section;
thence along the easterly line of said Section 35 North 01°08'32[ East 2639.31 feet to the east quarter corner of said section;
thence continuing along said easterly line North 01°09'01 L East 1980.24 feet to an angle point in said existing boundary line of the Beaumont -Cherry Valley Water District;

Page 385 of 1627 ends

RBF Consulting October 17, 2003
Sundance Development Agreement JN 10-102112.01

Page 3 of 3 ends

thence along said existing boundary line through the following courses: continuing along said easterly line of Section 35 North 01°09'01L East 659.33 feet to the northeast corner of said section being also on the centerline of said Brookside Avenue; thence along the northerly line of said section North 89°40'48L West 1321.69 feet to the northwest corner of the northeast quarter of the northeast quarter of said section; thence along the westerly line of said northeast quarter of the northeast quarter of Section 35 South 01°081001_ West 1322.94 feet to the centerline of Seventeenth Street; thence along said centerline North 89°43'36[ West 1321.39 feet to the centerline of Orchard Heights Avenue;
thence along said centerline North 00°56'50L East 1327.11 feet to said northerly line of Section 35 being also on the centerline of Brookside Avenue; thence along said northerly Tine North 89°32'30[ West 1327.60 feet; thence continuing along said northerly line South 89°58'23[ West 1319.10 feet to the TRUE POINT OF BEGINNING.

CONTAINING: 1217.16 Acres, more or less.

EXHIBIT "A-1" attached and by this reference made a part hereof.

Page 386 of 1627 ends

EXHIBIT B

MAP OF THE PROPERTY
5/11,04 4000.88
H&O: 10638 v3
Pag tlfB1627

LEGAL DESCRIPTION
BEING A PORTION OF SECTION 35, TOWNSHIP 2
SOUTH, RANGE 1 WEST TOGETHER WITH ALL OF
SECTION 2 AND A PORTION OF SECTION 11,
TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN
BERNARDINO MERIDIAN. ALL IN IN THE CITY OF

BEAUMONT, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA.
if BROOKSIDE AVE:
17th
STREET
MARY
COUGAR
WAY
14th
STREET

ANTONKLL
COURT
11th
STREET
10th
STREET
O

PARCEL A

LOT LINE ADJUSTMENT
01 -LLA -02
INST. NO. 2002-0219 2, O.R.
0/
17th STREET

PARCEL B
C3
2000 1000
0 8th STREET
2000
(SCALE IN FEET )
1)
2)

CITY LIMITS OF BANNING
NOTES:

THIS ANNEXATION CONTAINS 1217.16 ACRES±.

UNLESS OTHERWISE NOTED, DISTANCES HEREON
ARE GROUND MEASUREMENTS. TO OBTAIN GRID

DISTANCES MULTIPLY BY A COMBINED FACTOR OF

0.99988764
SCALE: 1" = 2000'
LEGEND

INDICATES SHEET NUMBER
EXHIBIT "A-1"

SUNDANCE DEVELOPMENT AGREEMENT
SHEET 1 OF 3 SHEETS
PLANNING • DESIGN U CONSTRUCTION
. 14725 ALTON PARKWAY
■ • PANE, CALIFORNIACALIFOFNA 92618-2027
CONSULTING 949.4723505 • FAX 949.472.8373 • wwwRBF.can
REVISED FEBRUARY 19, 2003
MARCH 15, 2002 J.N. 10-102112
r1 IPDATAI10702112IMAPPINGIANa£Xj112EX002.DWG

Page 388 of 1627 ends

P.OE.

NW COR. SEC.
35, T.2S.,
R.1W. S.B.µ.
2'
� �
or
17TH'
STREET

SCHOOL SITE
INST. NO. 26656,
O.R. (1-24-91) _
MARY
LANE =. _
S89'58'23"W
1319.10'
E-
d
z
0 44
N89'32'30"W
�- 1327.60'
_
a
up
z
589'45'24"E
660.97'
-,I
1 S00'51'43"W
566.03'
Ix
0 W
pia

BROOKSIDE
AVE. a
13211..69'T
N89°40'48"W
eep I ° �I
01 ,0 p3
N
" I .
csi
9� IM
1 ,c13 1 1 3 40'i
W ;
O
ORCHARD rc:IrNORMAN RD;�
COUGAR N")
WAY
N89'45'24"W
660.70'
W 1/4 COR. SEC. 35
APN 406-170-011

PARCEL A
HEIGHTS AVE. p
L
N89'43'36"W
1321.39'
M
NE COR. SEC.
35, T.2S.,
R.1W. S.B.µ.
17TH STREET
APN 406-170-007
E 1/4 COR. SEC. 35
APN 406-170-008
LOT LINE ADJUSTMENT 01 -LLA-02
20 N.W. CORNER SECTION 2,
�Ti.3S., R.1W., S.B.M.
14TH ST. (
20'

ANTONELL
COURT
EXHIBIT "A4
AST. NO.

APN 419-020-017
200P-02197, O.R.

PARCEL 3
- SEE SHEET 3 -
LEGEND
INDICATES NW C0R. NE 1/4, NE 1/4
1000 500 0 1000 SEC. 35, T 25., R.1 W. S.B.M.

W
"g41.5
00 g z
GO
A,
A
z
x
C7
x
• c.H'
rn %
—80'
W
(ON
� �
659.33'
N
U m
N
Vas
-J N §80'

SUNDANCE DEVELOPMENT

AGREEMENT
(SCALE IN FEET)
SHEET 2 OF 3 SHEETS
PLANNING ■ DESIGN S CONSTRUCTION
14725 ALTON PARKWAY
• • • MIKE CALIFORNIA 92618-2027
CONSULTING 949472.3505 • FAX 949.4729373 • www9BF.can
REVISED FEBRUARY 19, 2003
MARCH 15, 2002 J.N. 10-102112
FtIPDATAI10102112IMAPPINGIANMEXI112EX003.DWG

Page 389 of 1627 ends

k • I1
1 0
N

ANTONELL
COURT 81
ce

20.--
>-.
rx
C4
11TH ST.
10TH ST.

N
VARIES
- SEE SHEET 2 -
APN 419-020-017

PARCEL A
W 1/4 COR. SEC. 2
PARCEL 3
H
E 1/4 COR. SEC. 2
/ LOT LINE ADJUST NT o> -LLA-02
\ APN 419-020-018
\ I -�
INST. NO. POOP -021972, R
rW COR. SEC. 2,
T.3S., R.1W. S.B.M.
888'12'51'E 2401.95'
0-}
z�
a

DATA TABLE
uw
a<4

BRNG/DELTA RADIUS LENGTH
1 14°24'48" 1000.00' 251.56'
2 N75°50'27"E 177.60'
3 13°42'36" 1000.00' 239.28'
4 N89°33'03"E -- 215.76'
1000 500 0
1000
(SCALE IN FEET)
EXHIBIT "A-1"

SUNDANCE DEVELOPMENT

AGREEMENT
S0o°16'11"W
186.80'
w
d S89.46'16"E
o o 424.88'
d U
o d
a
1551.55'
w S89°44'45"E
8TH STREET
z
LEGEND
0 1
—82'
82'
ro) ') •
o m
•F- • N•
8 N
z
W O
INDICATES N L Y LINE, BLOCKS 1 & 2,
MAP OF THE SUBDII4SION OF SEC.
11, T. 3S., R.1W. S.B.M. PER BOOK 9,
PAGE 10 OF MAPS.

INDICATES NE'L Y COR. LOT 7, BLOCK
1 PER BOOK 9, PAGE 10 OF MAPS.

SHEET 3 OF 3 SHEETS
PLANNING ■ DESIGN • CONSTRUCTION
14725 ALTON PAI(WAI
• • • AVINE. CALIFORNIA 92616-2027
C O N S U LT I N G 949.4723505 • FAX 949.4726073 • w"" FlF con, REVISED FEENUARY 19, 2003
MARCH 15, 2002 J.N. 10-102112
\PDATAI10102112\MAPPING\ANX1112£X004.DWG
image 390
627

EXHIBIT C

LIST OF PERMITS AND APPROVALS
Sundance Specific Nan
Tentative Tract Map iNos. 31468, 31469, 31470 and 31893 Addendum to the Sundance Specific Plan EIR
5! 11104 4000.88
H&O: #10638 v3
PagEFSbitti 1627

•
Agenda No. 3

STAFF REPORT
TO: Planning Commissioners
FROM:

AGENDA DATE:

Ernest A. Egger, AICP, REA
Director of Planning
June 8, 2004
SUBJECT: Development Agreement for Sundance Specific Plan, 04 -DA -06.

Applicant: Pardee Homes

BACKGROUND/
4LYSIS:

The Pardee/Sundan Specific Plan was considered by the Planning Commission in March and was approved by the Ci Council on May 4, 2004. A development agreement was previously entered into by the prior pro erty owner, the Deutsch Corporation, in 1991 and was subsequently assigned to Pardee Homes.

Pardee now wishes t have a new, clarified development agreement specifically in the name ofPardee Homes. The propo agreement attached hereto involves no substantive changes in the terms ofthe prior agreement, an is based upon the standards and provisions of the Sundance Specific Plan.

RECOMMENDATION:

Staff recommends that the Planning Commission recommend to the City Council adoption of the proposed ordinance for the approval of Development Agreement No. 04 -DA -06. 5-e& r -=-L-(0-/
f,e;t2e3ec
P-eArri
/q9iw/

Page 392 of 1627 ends

0 p

RECORDING REQUESTED BY, AND
WHEN RECORDED, MAIL TO:

City Clerk
City of Beaumont
550 East Sixth Street
Beaumont, California 92223
EXEMPT: GOV'T CODE § 6103
(Spaceabove1
M
A
S
R
U
L
D0C # 2006-0172944
03/10/2006 08:00A Fee:NC

Page 1 of 30 ends

Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
N
PAGE
INS
SIZE

DEVELOPMENT AGREEMENT
NO. 04 -DA -06

BETWEEN

THE CITY OF BEAUMONT
AND

PARDEE HOMES
(SUNDANCE SPECIFIC PLAN)
DA
PCOR
COPY
LONG
NOCOR
REFUND
(Pursuant to California Government Code Sections 65864 - 65869.5 and City of Beaumont Resolution No. 1987-34)
August 17,
, 2004
SMF
EXAM
NCHG
MISC.
5/11/04 4000.88
H&O: #10638 v3

Page 393 of 1627 ends

TABLE OF CONTENTS
Page

1. DEFINITIONS 2

2. EXHIBITS 3

3. MUTUAL BENEFITS 3

4. INTEREST OF THE DEVELOPER 3

5. BINDING EFFECT OF AGREEMENT 4

6. PROJECT A PRIVATE UNDERTAKING 4

7. TERM 4

8. HOLD HARMLESS 4

9. VESTED RIGHT 4

10. DEVELOP NT OF THE PROJECT 5

10.1 Phasi g and Timing of Development 5

10.2 Effect of Agreement on Land Use Regulations 5

10.3 Application Processing 5

10.4 Administrative Changes and Amendments 5

10.5 Me11o,Roos Communities Facilities Districts; Other Assessment Districts or Financing Mechanisms 6

10.6 Public Services and Facilities 6

10.7 Other Governmental or Quasi -Governmental Permits 6

10.8 Consistency Between This Agreement and Current Laws 6

10.9 Assessments, Fees, Mitigation and Exactions 7

10.10 Reimbursement by the City 7

11. RULES, REGULATIONS, REQUIREMENTS AND OFFICIAL POLICIES 7

11.1 New Rules 7

11.2 State and Federal Laws 8

12. AMENDMENT OR CANCELLATION OF AGREEMENT 8

13. ENFORCEMENT 8

14. PERIODIC REVIEW OF COMPLIANCE WITH AGREEMENT 8

15. Events of Default 9

15.1 Default by the Developer 9
5/11/04 4000.88
H&O: #10638 v+3

Page 3941 of 1627 ends

TABLE OF CONTENTS
Page

15.2 Default by the City 9

15.3 Specific Performance Remedy 9

16. INSTITUTION OF LEGAL ACTION 10

17. WAIVERS AND DELAYS 10

17.1 Waiver 10

17.2 Third 11arties 10

17.3 Force Majeure 10

18. NOTICES 10

19. ATTORNEYS' FEES 11

20. TRANSFERS AND ASSIGNMENTS 11

20.1 Right to Assign 11

20.2 Release Upon Transfer 11

21. COOPERATION IN THE EVENT OF LEGAL CHALLENGE

22. EMINENT DOMAIN

23. AUTHORITY TO EXECUTE

24. ESTOPPEL CERTIFICATES

25. RECORDATION

26. PROTECTION OF MORTGAGE HOLDERS

27. SEVERABILITY OF TERMS

28. SUBSEQUENT AMENDMENT TO AUTHORIZING STATUTE

29. INTERPRETATION AND GOVERNING LAW

30. SECTION HEADINGS

31. INCORPORATION OF RECITALS AND EXHIBITS

32. RULES OF CONSTRUCTION AND MISCELLANEOUS TERMS

32.1 Gender

32.2 Time
11 11
11 11
12 12
13 13
13 13
13 13
13 f Essence 13

32.3 Cooperation 13

33. TENTATIVEt TRACT MAP EXTENSIONS 13

34. DEUTSCH DEVELOPMENT AGREEMENT 14
5/11/04 4000.88
H&O: #10638 d3

Page 395 ends

o a

DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT ("Agreement") is entered into to be effective on 4t.f (7 , 2004, between PARDEE HOMES, a California corporation (the "Developer"), and' tho CITY OF BEAUMONT, a municipal corporation organized and existing under the laws of the State of California (the "City"). The Developer and the City are sometimes collectively referred to herein as the "parties."
RECITALS:

This Agreement is predicated upon the following facts:

Agreement.

These Recitals use certain capitalized terms which are defined in this B. Government Code Sections 65864 - 65869.5 authorize the City to enter into binding develop ent agreements with persons having a legal or equitable interest in real property for the dev lopment of such property, all for the purpose of strengthening the public planning process, en uraging private participation and comprehensive planning and reducing the economic costs of such development. The City has implemented the law contained in such sections by adopting Resolution No. 1987-34, titled "Establishing Procedures and Requirements for Consideration Of Development Agreements" (such Resolution, together with the aforementioned Government Code Sections, are being referred to herein as the "Development Agreement Law").

C. This Agreement is adopted pursuant to the Development Agreement Law.

D. Developer owns a portion of the property and is under a binding legal contract to acquire he remainder of the property located in the City and more particularly described on Exhib' "A" and as shown on Exhibit "B" attached and made a part of this Agreement (the "Property").

E. The Developer intends to develop the Property in accordance with the Amendment to the Deutsch Specific Plan ("Sundance Specific Plan") as part of the Development Plan, as hereinafter defined (the "Project"). The Project is highly capital intensive, especially in its initial phases, which, in order to make the Project economically and fiscally feasible, requires major commitment to and investment in public facilities and on -site and off -site infrastrlucture improvements prior to the construction and sale or leasing of residential and commercial buildings. This Agreement will facilitate the logical and orderly development of the Project in the City.

F. The City has determined the Development Plan is consistent with the City General Plan and approved the Development Plan in order to promote the health, safety and welfare of its citize s and protect the quality of life of the community and the surrounding environment. The evelopment Plan consists of the Sundance Specific Plan, the Addendum to the Sundance EIR, d Tentative Tract Map Nos. 31468, 31469, 31470 and 31893 approved by 5/11/04 4000.88
H&O: #10638 v3

Page 396 ends

the City Council of City on May 4, 2004 by Resolution No. 2004-23. As part of the process of approving the Development Plan, the City has prepared and reviewed, pursuant to the California Environmental Quality Act ("CEQA"), an Addendum to the Deutsch Specific Plan EIR, with respect to the potential significant impacts of the Project resulting from development of the Property. The City has determined based on that review that the Addendum to the EIR adequately addresses the potential significant impacts of the Project, and that accordingly neither a supplemental nor subsequent environmental impact report is required for the Development Plan and/or this Agreement.

G. All of the proceedings relating to the approval of the Agreement have been conducted in accordance with the Development Agreement Law and CEQA.

H. On aU5ubf i7 , 2004, the City Council of the City adopted Ordinance No. g Lpi approving this Agreement with the Developer.

I. The terms and conditions of this Agreement have undergone extensive review by the City and its City Council and have been found to be fair, just and reasonable, and the City has found and determined that the execution of this Agreement is in the best interest of the public health, safety and general welfare of the City and its residents and that adopting this Agreement constitutes a present exercise of its police power.

AGREEMENT
In light of the foregoing Recitals, which are an operative part of this Agreement, the parties agree as fcillows:

1. DEFINTrIONS.
"Agreement" is this Development Agreement.
"Agreement Date" is the date this Agreement is approved by the City Council. "Alternative Financing Mechanism" has the meaning given that phrase in Section 10.5 below.
"CEQA" is the California Environmental Quality Act, Public Resources Code section 21000 et seq.
"CFD" is a Community Facilities District formed pursuant to the Mello -Roos Community Facilities Act of 1982, California Government Code section 53312 et seq. "City" is the City of Beaumont, California.
"City's Discretion" is discretion exercised by the City in accordance with the policies and principles set forth in the Development Plan, this Agreement and the procedures in effect as of the Effective Date such that the approvals given by the City to the Developer pursuant to the exercise of such discretion shall not be unreasonably withheld or delayed. 5/11/04 4000.88
H&O: #10638 v3

Page 3972 ends

"Developer" is Pardee Homes, a California corporation, their subsidiary entities, and successors in interest to all or any part of the Property. "Development Agreement Law" is California Government Code sections 65864 et seq., and Resolution No. 1987-34, titled "Establishing Procedures and Requirements for Consideration of Development Agreements."
"Development Plan" is, collectively, the permits, conditions and approvals listed on Exhibit "C."
"Effective Date" is that date which is the later to occur of (a) the expiration of the time for filing a referendum petition relating to this Agreement if no such petition is filed within such period, or (b) the certification of the results of a referendum election are declared approving this Agreement if a referendum petition is filed within the applicable period. "EIR" is Addendum to the Deutsch Specific Plan Environmental Impact Report certified by the City Council of City on January 14, 1991 (Resolution No. 1991-03). "Prof t" is the proposed mixed -use development of the Property included within the Development P and associated amenities, including, without limitation, on -site and off -site public and p 'vate improvements, and land uses consisting of residential (approximately 4,450 dwelling unit ), commercial, parks and schools, as the same may be further defined, enhanced or modifi pursuant to the provisions of this Agreement. "Property" is the real property on which the Project is, or will be, located as described on Exhibit 'A" attached hereto and shown on Exhibit "B" attached hereto.

2. EXHIBITS. The following documents are referred to in this Agreement, attached hereto and incorporated herein by this reference:

Exhibit Designation Description
A Legal Description of the Property
B Map of the Property
C List of Permits and Approvals

4. INTEREST OF THL DEVELOPER. The Developer represents that the Developer owns a legal fee in a portion of the Property and an equitable interest in a portion of the Property. 5/11/04 4000.88
H&O: #10638 v3

Page 3983 ends

5. BINDING EFFECT OF AGREEMENT. The terms and conditions of this Agreement shall be binding upon and inure to the benefit of the parties and their successors and assigns as set forth herein.

6. PROJECT AS A PRIVATE UNDERTAKING. It is specifically understood and agreed that the development of the Project is a private and not a public sector development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracts g entity with respect to the terms, covenants and conditions contained in this Agreement. No artnership, joint venture or other association of any kind is formed by this Agreement. The onl relationship between the City and the Developer is that of a government entity regulating the development of private property by the owner of the Property and the equitable owner of the Deutsch Parcels.

8. HOLD HARMLESS The Developer shall hold the City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury, including death and claims for property damage, arising on the Property from the wrongful or negligent activities of the Developer or those of the Developer's contractors, subcontractors, agents, employees or other persons acting on the Developer's behalf which relate to the Project.

In the event any person not a party or a successor to a party to this Agreement institutes any type of action against the City with respect to this Agreement, City and Developer shall cooperate in defending against the action, provided that City may, in its sole discretion, elect to tender the defense of such action to the Developer. If the Developer accepts the tender, the Developer shall thereafter hold City harmless from and defend City from all costs and expenses incurred in the defense of such action, provided that City fully cooperates with the Developer in the defense of such action. If the Developer declines the tender, then City shall have no further obligation or duty to defend the action.

9. VESTED RIGHT. By entering into this Agreement the City grants to the Developer a vested right to develop the Property in accordance with the Development Plan. The City shall not enact and enforce against the Project and the Development Plan an ordinance, policy, rule, regulation or other measure which significantly alters the rate, type, manner, density, timing or sequencing of the Project and the Development Plan. In addition to and not in limitation of the foregoing, it is the intent of the Developer and the City that no moratorium, whether relating to the rate, type, manner, density, timing or sequencing of the Project and whether or not enacted by initiative or otherwise, except a moratorium imposed by the City to implement State or Federal laws, statutes, regulations, policies or orders as provided in Section 11.2, affecting parcel or subdivision maps, building permits, plot plans, special use permits, conditional use permits, occupancy certificates or other entitlements to use or permits approved, issued or granted within the City, or portions of the City, shall not apply to the Project to the extent such moratorium or other limitation is in conflict with the Project and the Development Plan. Notwithstanding the foregoing, should an ordinance, general plan or zoning amendment, measure, moratorium, policy, rule, regulation or other limitation enacted by the citizens of the City through the initiative process be determined by a court of competent jurisdiction to invalidate or prevail over 5/11/04 4000.88
H&O: #10638 v3

Page 3991 ends

all or any part of the Development Plan, the Developer shall have no recourse against the City pursuant to this Agreement. The foregoing shall not be deemed to limit the Developer's right to appeal any such determination of such ordinance, general plan or zoning amendment, measure, policy, rule, regulation, moratorium or other limitation which purports to invalidate or prevail over all or any part of this Agreement.

10. DEVELOPMENT OF THE PROJECT.

10.2 Effect of Agreement on Land Use Regulations. The rules, regulations and policies governing permitted uses of property, the density and intensity of use of property, the maximum height and size of proposed buildings and the design, improvement, construction and development standards and specifications applicable to development of the Property are those rules, regulations policies in force as of the date of this Agreement, and those rules, regulations and offici policies which may hereinafter be adopted by the City in accordance with Section 11.1 hereof, or State or Federal laws, statutes, regulations, policies or orders as provided in Section 11.2.

10.3 Application Processing. In connection with any approval which the City is permitted or has the right to make under this Agreement relating to the Project and the Development Plan, or otherwise under its rules, regulations and official policies, the City shall exercise the City's discretion or take action in a manner which is as expeditious as reasonably possible.

10.4 Administrative Changes and Amendments. The parties acknowledge that further planning and development of the Project may demonstrate that refinements and changes are appropriate with', respect to the details of the Project or interpretation of the Development Plan. If and when the parties find that minor changes or adjustments are necessary or appropriate to the Project or the Development Plan, they shall, unless otherwise required by law, effectuate such changes or adjustments through administrative amendments approved by the Director of Planning which, after execution, shall be attached hereto as addenda and become a part hereof, and may be further changed and amended from time to time as necessary, with approval by the Director of Planning as may be requested by the Developer. Minor changes or amendments shall be those which are consistent with the overall intent of the Development Plan and this Agreement and which do not materially alter the overall nature, scope, or design of the Project. Any such Minor administrative changes or amendments shall not be deemed to be an 5/11/04 4000.88
H&O: #10638 v3

Page 4005 ends

amendment to this Agreement under Government Code Section 65868 and, unless otherwise required by law, no such administrative amendments shall require prior notice or hearing.

10.5 Mello -Roos Communities Facilities Districts; Other Assessment Districts or Financing Mechanisms. Pursuant to Chapter 2.5 (commencing with section 53312) Part 1, Division 2, Title 5 of the Government Code of the State of California, commonly known as the "Mello -Roos Community Facilities Act of 1982," the Developer may, at its sole election, petition the City Council of the City or a joint powers agency in which the City is a member to establish a Community Facilities District ("CFD"), in accordance with the City's policies in existence on the Effective Date. Alternatively, or in addition thereto, the Developer may request that the City initiate and complete proceedings under the Municipal Improvement Act of 1911, the Municipal Improvement Act of 1913, the Improvement Bond Act of 1915, the Landscaping and Lighting Act of 1972, or any and all other available public financing mechanism, to provide public conduit financing for the construction of public infrastructure improvements on the Property ("Alternative Finan ing Mechanisms"). If so requested by the Developer, the City shall cooperate with the veloper (or, for matters beyond its control, shall use its best efforts) in taking all steps nece to cause the CFD or Alternative Financing Mechanisms to issue bonds for such purposes. the Property is included within a CFD or Alternative Funding Mechanism with other surrounds g properties, the special taxes or special assessments burdening the various properties so includ shall be apportioned on a fair share basis related to the benefit derived by each of such properti s in accordance with City policies at the time such property is included.

10.6 Public
integrated roadway s
water and sewer faci
and services for the
Property. To the exl
facilities or other put
the City shall use b
assessments as are i
Developer for the fa
•
such public facilities

10.7 Othel
apply for such othe
quasi -governmental
utility districts, or of
or provision of, sery
City shall cooperate
where necessary in i
solely responsible fo
Services and Facilities. The Project and Development Plan requires an stem, and other public facilities including parks, schools, storm drains, and lities. City will reasonably assist Developer in obtaining public facilities Project on a timely basis in keeping with the pace of development of the ;ent that the Developer constructs, installs or provides financing for public lic infrastructure improvements that benefit lands outside of the Property, sst reasonable efforts to adopt such ordinances, mitigation fees, liens or necessary to provide credits, reimbursements, or in -kind funding to the r share of the benefits conferred upon such lands other than the Property by or infrastructure improvements.

Governmental or Quasi -Governmental Permits. The Developer shall r permits and approvals as may be required by other governmental or agencies having jurisdiction over the Project (such as public utilities or her federal or state agencies) to the extent required for the development of, ices and facilities to the Project as set forth in the Development Plan. The with and assist the Developer in obtaining such permits and approvals, and, naking application for such approvals or permits. The Developer shall be all costs and shall be responsible for the processing of all such permits.

10.8 Cons tency Between This Agreement and Current Laws. The City represents that as of the date o the execution of this Agreement, there are no rules, regulations, ordinances or official policies o the City that would interfere with the development of the Project according to the Development plan.
5/11/04 4000.88
H&O: #10638 v3

Page 4015 ends

10.9 Assessments, Fees, Mitigation and Exactions. The City shall not impose any future assessment, fee, mitigation measure or exaction on the Property, the Project or the Development Plan or any portion thereof, except (a) those existing and proposed assessments, fees, mitigation measures and exactions in existence on the date of this Agreement, (b) such other fees, assessments and exactions as may be adopted or imposed by the City in conformance with the requirements of Article XIII D of the California Constitution, (c) such other development impact fees or categories of development impact fees which are adopted on a City or County -wide basis or as required as a condition to obtaining County funding; and (d) such other development impact fees or categories of development impact fees which are imposed on other development projects in the City and are adopted and levied based on a benefit assessment.

Fees payable to City shall be at rates applicable on the date the fee is paid. City shall recognize and apply a dollar -for -dollar in -lieu credit against any and all fees, for and equal to the cost of improvements and/or dedications made in the development of the Project by the Developer, or funded by any CFD Alternative Financing Mechanism including the Property, and for which the fees would otherwise be imposed. City further agrees to use any fees paid with respect to development of the (Project to fund improvements which benefit the Project, to the fullest reasonable extent available and applicable under the law.

10.10 Reimbursement by the City. Pursuant to Government Code Section 65865.2, the City hereby agrees that as future development fees, assessments and exactions are imposed on future projects which have benefited from the fees, assessments and exactions paid by the Developer, the City shall promptly reimburse the Developer to the extent that such fees, assessments and exactions paid by Developer benefited lands outside of the Property, but only to the extent that the City actually receives or collects such fees, assessments or exactions for a period of ten years from the date the fee was paid.

11. RULES, REGULATIONS, REQUIREMENTS AND OFFICIAL POLICIES.

11.1 New Rules. This Agreement shall not prevent the City from applying the following new rules, regulations, requirements and policies, if applied on a City-wide or area of benefit basis:

11.1.1 Processing fees and charges imposed by the City which cover only the estimated actual costs to the City of processing applications for development approvals, for monitoring compliance with any development approvals or for monitoring compliance with environmental impact mitigation measures.

11.1.2 Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure, provided that such changes in procedural regulations do not have the effect of materially interfering with the benefits conferred by this Agreement.

11.1.3 Regulations governing construction standards and specifications including, without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code and Fire Code.
5/11/04 4000.88
H&O: #10638 v3

Page 4021 ends

11.1.4 Regulations which are necessary to protect public health and safety, provided that to the maximum extent possible such regulations shall be designed, construed and applied in a manner to preserve the benefits of this Agreement.

11.1.6 Regulations which are in conflict with the Development Plan or this Agreement if such regulations have been consented to in writing by the Developer.

11.2 State and Federal Laws. In the event that State or Federal laws or regulations enacted after this Agreement is executed prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations; provided, however, that this greement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce.

13. ENFORCE NT. Unless amended or canceled as provided in Section 12 above, or modified or suspen ed pursuant to Government Code Section 65869.5, this Agreement is enforceable by eith party hereto notwithstanding any change in any applicable general or specific plan, zoning, or subdivision regulation or standard adopted by the City (or by the voters of the City unless fbund by a court of competent and final jurisdiction to prevail over this Agreement) which alters or amends the Development Plan or is inconsistent with this Agreement.

14. PERIODIC REVIEW OF COMPLIANCE WITH AGREEMENT. The City shall review this Agreement at least once every year from the date this Agreement is executed.

During each periodic review, each party is required to demonstrate good faith compliance with the terms of this Agreement. Such periodic review shall be conducted administratively by the City Manager and any appropriate department heads designated by the City Manager to perform such periodic review. If the City Manager finds that the Developer is not in good faith compliance with this Agreement, the Developer shall have the right to appeal such finding to the City Council. The City Council on appeal shall not hold a public hearing to review a finding that the Developer is not in good faith compliance with this Agreement unless so requested by the Developer in writing at the time of the submission of such appeal. The City shall notify the Developer in writing of the date for review at least thirty (30) days prior thereto. The Developer shall pay or reimburse the City for the City' s reasonable costs incurred in connection with such periodic reviews.
5/11/04 4000.88
H&O: 810638 v3

Page 40 of 1627 ends

15. Events of Default.

15.1 Default by the Developer. If the City Council determines on the basis of substantial evidence upon appeal of the City Manager's decision pursuant to Section 14 hereof that the Developer has not complied in good faith with the terms and conditions of this Agreement, it shall, by written notice to the Developer, specify the manner in which the Developer has failed to so comply and state the steps the Developer must take to bring itself into compliance. If, within sixty (60) days after the effective date of notice from the City specifying the manner in which the Developer has failed to so comply, the Developer does not commence action reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then the Developer shall be deemed to be in default under the terms of this Agreement and the City may, if such failure persists after thirty (30) days' prior written notice, exercise its rights and remedies pursuant to Section 15.3.

15.2 Defau
evidence that the Ci
Agreement, the Deve
City has failed to so
g within sixty (60)
manner in which the
necessary to bring its
completion, then the
if such failure persis
Agreement or seek s1
It by the City. If the Developer determines on the basis of substantial y has not complied in good faith with the terms and conditions of this loper shall, by written notice to the City, specify the manner in which the omply and state the steps the City must take to bring itself into compliance. days after the effective date of notice from the Developer specifying the City has failed to so comply, the City does not commence steps reasonably elf into compliance as required and thereafter diligently pursue such steps to City shall be deemed to be in default under the terms of this Agreement and :s after thirty days prior written notice, the Developer may terminate this �ecific performance as set forth in Section 15.3.

15.3 Spec c Performance Remedy. Due to the size, nature and scope of the Project, it will not be practi or possible to restore the Property to its natural condition following development of all or any portion of the Property. After such development, the Developer may be foreclosed from other choices it may have had to utilize the Property. The Developer has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing substantially more time and resources in implementing the Project in reliance upon the terms of this Agreement. It would be difficult or impossible to accurately determine the sum of money which would adequately compe to the Developer for such efforts. For the above reasons, the City and the Developer agree tha damages alone would not be an adequate remedy if the City fails to carry out its obligations der this Agreement. Similarly, if the Developer breaches certain of its obligations hereund , monetary damages may not constitute an adequate remedy for the City.

Therefore, the parti s agree that specific performance of this Agreement is an appropriate remedy if either p defaults and fails to perform its non -monetary obligations under this Agreement. Notwi tanding the foregoing, nothing in this Agreement is intended to prevent either party from king recovery of appropriate damages in the event that the terms of this Agreement are breached. The City and the Developer acknowledge that if the Developer is in default of its obligations under this Agreement, the City shall have the right to refuse to issue any permits or other approvals to which the Developer would not otherwise have been entitled but for this Agreement.
5/11/04 4000.88
H&O: #10638 v3

Page 409 ends

o c�

16. INSTITUTION OF LEGAL ACTION. In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to enforce any covenants or agreements herein, to enjoin any threatened or attempted violation hereof, to recover damages for any default or to obtain any other remedies consistent with the purpose of this Agreement. Any such legal action shall be brought in the Superior Court of the State of California for the County of Riverside. The parties hereto waive any right to trial by jury.

17. WAIVERS AND DELAYS.

17.2 Third Parties. Nonperformance shall not be excused because of a failure of a third person except as provided in Section 17.3 below.

18. NOTICES. All notices required or provided for under this Agreement shall be in writing and delivered in person and deposited in the United States mail, postage prepaid and addressed as follows:

Any party may change its address stated herein by giving notice, in writing, to the other parties. 5111/04 4000.88
H&O: #10638 v3

Page 40 ends

o a

19. ATTORNEYS' FEES. If legal action is brought by either party against the other for breach of this Agreement, or to compel performance under this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys' fees and costs.

20. TRANSFERS AND ASSIGNMENTS.

20.1 Right to Assign. The Developer shall have the right to sell, assign or transfer this Agreement and any and all of its rights, duties and obligations hereunder, in whole or in part, to any person or entity at any time during the term of this Agreement; provided, however, in no event shall the rights, duties and obligations conferred upon the Developer pursuant to this Agreement be at any time so transferred or assigned except through a transfer of an interest of the Developer in the Property, or a portion thereof. The assignment shall not be effective without the City's prior approval, which shall not be unreasonably withheld, to ensure that the assignment will not prevent the orderly development of the Project consistent with the Agreement or Development Plan. In the event of any such assignment, the transferee shall thereafter be solely liable for the performance of all obligations of the Developer relating to the portion of the Property, or interest therein, so transferred. Such transferee or the Developer shall notify the City, in advance, and in writing of their intent to transfer such obligations.

20.2 Release Upon Transfer. Upon the sale, transfer or assignment of the Developer's rights and interests under this Agreement as permitted pursuant to Section 20.1, the Developer shall be released from its obligations under this Agreement and all of the Developer's obligations pursuant to the Development Plan, or other agreements assumed by transferee with respect to the Property, or portion thereof, so transferred, provided that (a) the Developer is not then in default under the Agreement, (b) the Developer or transferee has provided the City notice of such transfer and (c) the transferee executes and delivers to the City a written agreement in which (i) the name d address of the transferee is set forth and (ii) the transferee expressly and unconditionally assn es all of the obligations of the Developer under this Agreement with respect to the Prop , or a portion thereof, so transferred.

21. COOPERA ION IN THE EVENT OF LEGAL CHALLENGE. In the event of any legal action institut by a third party or other governmental entity or official challenging the validity of this Agr ment or any portion thereof, the parties hereby agree to cooperate in defending such acti n, subject to the provisions of Section 8. In the event of any litigation challenging the eff iveness of this Agreement, or any portion hereof, this Agreement shall remain in full force d effect while such litigation, including any appellate review, is pending.

22. EMINENT MAIN. No provision of this Agreement shall be construed to limit or restrict the exercise b the City of its power of eminent domain.

23. AUTHO TO EXECUTE. The person or persons executing this Agreement on behalf of the Devel per warrant and represent that they have the authority to execute this Agreement on behal of the Developer and warrant and represent that they have the authority to bind the Developer t the performance of its obligations hereunder.

24. ESTOPPEL CERTIFICATES. The City shall at any time upon not less than thirty (30) days' prior written n tice from the Developer execute, acknowledge and deliver to the Developer 3/11/04 4000.88
H&O: #10638 v3

Page 4041 ends

o
a statement in writing (i) certifying that this Agreement is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Agreement, as so modified, is in full force and effect); (ii) certifying the amounts of the fees, assessments and exactions that have been received from the Developer and what amounts, if any, remain outstanding; and (iii) acknowledging that there are not, to the City's knowledge, any defaults if any are claimed. Any such statement may be conclusively relied upon by any prospective purchaser, lender or joint venture partner.

25. RECORDATION. This Agreement and any amendment or cancellation hereto shall be recorded in the Official Records of the County of Riverside, by the City Clerk within the period required by Section 65868.5 of the Government Code.

26. PROTECTION OF MORTGAGE HOLDERS. The parties hereto agree that this Agreement shall not prevent or limit the Developer, in any manner, at the Developer's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. The City knowledges that the lenders providing such financing may require certain interpretations, estop 1 certificates and modifications to this Agreement and agrees upon request, from time t time, to meet with the Developer and representatives of such lenders to negotiate in good fait any such request for interpretations, estoppel certificates or modifications.

The City will not easonably withhold its consent to any such requested interpretation, estoppel certificate o modification provided the same is consistent with the intent and purposes of this Agreement. a holder(s) of any mortgage, deed of trust or other security instrument encumbering the Pro (each, a "Mortgagee") shall have the following rights and privileges:

26.1.1 Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law.

26.1.2 Any Mortgagee which has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by the Developer in the performance of the Developer's obligations under this Agreement.

26.1.3 If the City timely receives a request from a Mortgagee requesting a copy of any notice of defa It given to the Developer under the terms of this Agreement, the City shall provide a copy of t notice to the Mortgagee within ten (10) days of sending the notice of default to the Developer. Mortgagee's not party to this Agreement. If the cure period for a default by the Developer set forth in Section 15.1 above has expired and such default has not been cured, the Mortgagee shall be provided with an additional thirty (30) day period after the expiration of such cure period in which to commence all steps reasonably necessary to bring the Developer in compli ce as required under this Agreement and thereafter diligently pursue such steps to completion. During such cure period, and if the default is ultimately cured, the City shall not terminate th s Agreement.

26.1. Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such 5/11/04 4000.88
H&O: #10638 v3

Page 40 ends

foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement.

27. SEVERAB OF TERMS. If any term, provision, covenant or condition of this Agreement shall be d ermined invalid, void or unenforceable, the remainder of this Agreement shall not be affected ereby to the extent such remaining provisions are not rendered 'unpractical to enforce.

28. SUBSEQUE T AMENDMENT TO AUTHORIZING STATUTE. This Agreement has been entered int in reliance upon the provisions of the Development Agreement Law in effect as of the Agreement Date. Accordingly, subject to Section 11.2 above, to the extent a subsequent amendment to the Development Agreement Law would affect the provisions of this Agreement, such amendment shall not be applicable to the Agreement unless necessary for this Agreement to be enf rceable or unless this Agreement is modified pursuant to the provisions set forth in the Agreement and Government Code Section 65868 in effect on the Agreement Date.

29. INTERPRETATION AND GOVERNING LAW. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California.

30. SECTION HEADINGS. A11 section headings and subheadings are inserted for convenience only shall not affect any construction or interpretation of this Agreement.

31. INCORPO TION OF RECITALS AND EXHIBITS. Recitals A through J and attached Exhibits "A' through "E" are hereby incorporated herein by this reference as though set forth in full.

32. RULES OF 4ONSTRUCTION AND MISCELLANEOUS TERMS.

32.1 Gend r. The singular includes the plural; the masculine gender includes the feminine; "shall" is datory, "may" is permissive.

32.2 Time of Essence. Time is of the essence regarding each provision of this Agreement in which 'me is an element.

32.3 Coo ration. Each party covenants to take such reasonable actions and execute all documents that m y be necessary to achieve the purposes and objectives of this Agreement.

33. TENTATIVE TRACT MAP EXTENSIONS. In accordance with the provisions of Section 66452.6 of the California Government Code, tentative subdivision tract map(s) or 5/11/04 4000.88
H&O: #10638 v3

Page 40 ends

0 tentative parcel map(s), heretofore or hereafter approved in connection with development of the Property, shall be granted an extension of time for the term of this Agreement.

34. DEUTSCH DEVELOPMENT AGREEMENT. This Agreement shall supersede that certain Development Agreement between the City and Highland Farms, Aleisian Farms and Banning Farms (Deutsch) dated April 25, 1991 and recorded on May 24, 1991 in the Office of the Riverside County Recorder ("Deutsch Development Agreement"), except for any obligation Developer may have to provide access to the City's sewer system to those properties located on Eighth Street as may be a required under the terms of the Deutsch Development Agreement.

The paties have executed this Development Agreement on the date and year first written above.
"City"
THE CITY OF BEAUMONT, a
municipal corporation of the State of California
"Developer"
PARDEE HOMES, a Califoryja corporation

SIGNED AND CER

THIS DOCUMENT

THE MAYOR OF
By:

L
.Mi(Le -TAV
Ti
By:

THAT A COPY OF

BEEN DELIVERED TO

CITY COUNCIL
By: 0'l . � , � I-
Lynn Chance, City Clerk
(All Signatures To Be Notarized)
fidco+
5/11/04 4000.88
H&O: #10638 v3

Page 4094 ends

CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of
On 3/4/9 O0(0
Date
personally appeared
before me,
La n
!CAREE TRINIDAD
Commission # 1413025 [
Rinaldo dowdyMyComm. i*22.��
1 ri n,dd d N ett
Name and Title of Officer (e.g., "Jane Doe, Note Public") •rs&t L..

Name(s) of Signer(s)
.personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(pj whose name(p)' is/yn(e
subscribed to the within instrument and
acknowledged to me that he/0444y executed
the same in his/h l'/thir authorized
capacity(i ), and that by his/latsr4Seir
signature,) on the instrument the person(0J, or
the entity upon behalf of which the person(
acted, executed the instrument.

WIT)SS m han•_and official seal.

OPTIONAL
ignature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

Description pf Attached Document
Title or Type of ()ocument:

Document Date
Signer(s) Other Than Named Above:
m,.e.vi+ A1 we vvi � :i
a3/a60q-
Capacity(ies) Claimed by Signer
Signer's Name:

Number of Pages: 11-
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:

Signer Is Representing:

RIGHT THUMBPRINT

OF SIGNER
Top of thumb here
© 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907
Reorder. Call Toll -Free 1-800-876-6827

Page 410 of 1627 ends

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of ' California
County of Los Angeles
On February 16, 2006, before me, Sherrie Jossen, Notary Public, personally appeared John Arvin, Sr. Vice President, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

SHERRIE JOSSEN j
Commiss.on # 1423346 l7
Notary Public - California
Los An eles County
My Comm. xplres Jun 9, 2007
WITNESS my hand and official seal
Sherrie Jossen
Notary Public in and for said state.

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document: Development Agreement
Additional Information: Sundance Specific Plan
Date of Document: August 17, 2004
Signer is Representing: PARDEE HOMES
Signer(s) other than named above: N/A
Name of Signer: John Arvin
Signing As:

INDIVIDUAL
x CORPORATE QFFICER
❑ PARTNER(S)
❑ LIMITED
❑ ATTORNEY -IN -
El TRUSTEE
❑ GUARDIAN/CO
❑ OTHER:

Number of Pages: 17

CAPACITY CLAIMED BY SIGNER
TITLE: Sr. Vice President
❑ GENERAL
ACT

ISERVATOR

THUMB PRINT

RIGHT THUMB

Page 411 of 1627 ends

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of 10'1-6 lb"
On -At 0 ,Pip
Date
personally appeared
before me,
Name end Title of Officer (e.g., "Jane Doe, fiotary Public") 1M.ti TA41 �.ts(Z..

Name(s) of Signer(s)
1--1—.__•,—♦—f►
LORRAI E Q. NNON.

C ma lmion t 1500042
No1ay Pubic •Callon*,,
—N. *Comm. 110.0121.
_7
Place Notary Seal Above
rsonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person* whose name is/are
subscribed to tht within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacityfiee), and that by his/herdtheir
signature(p on the instrument the person, or
the entity upon behalf of which the person(
acted, executed the instrument.

ITN y hand and offic'I sea
Signature of Notary Pub

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and ould prevent fraudulent removal and reattachment of this form to another document.

Description o
Title or Type of I
Document Date:
)
Attached Rumen.t`�
ocument: j� Man leileianear'

02.11,0 10Lp Number of Pages:

Signer(s) Other l'han Named Above: 1�(
Capacity(ies) Claimed by Signer ,1
Signer's Name:
❑ Individual
1Corporate Ol
❑ Partner — ❑
❑ Attorney in F
❑ Trustee
❑ Guardian or
❑ Other:
cer — Title(s):
imited ❑ General
ct
onservator
Signer Is Representing:

P
c 1999 National Notary Association • 9',i50 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907

RIGHT THUMBPRINT

OF SIGNER
Top of thumb here
Reorder. Call Toll -Free 1-800-876-6827

Page 412 of 1627 ends

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On
1veX6
a3/ atue
personally appeared
before me, 1C/ , 114 h id a d f FILIO ..
{i'lcC.4-ka.

KAREE TRINIDAD
Commission # 1413025
Notary Public - California
Riverside County
My Comm. anises Apr 22, 2007
Name and Title of Offices (e.g., Jane Doe, Nota Public") 1n 4-44
Name( of Signer(s)
�J sonally known to me
proved to me on the basis of satisfactory
evidence
to be the person() whose name(Vf is/erg
subscribed to the within instrument and
acknowledged to me that l /she/XY(ey executed
the same in l)i&her/th>'r authorized
capacity(ie , and that by A/her/t it
signature(g) on the instrument the person), or
the entity upon behalf of which the person
acted, executed the instrument.

Signet re of Notary Public

OPTIONAL
Though the informittion below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

Description of Attached Document
Title or Type of 'Document: e V( U"7�1�1e ert-
Document Date:

Signer(s) Other
A3) 2fl0��
r-ef m -€Y?+
Number of Pages: (.9".

Than Named Above:

Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate O1
❑ Partner — ❑
❑ Attorney -in -
0 Trustee
❑ Guardian or
❑ Other:
iicer — Title(s):

Limited ❑ General
act
onservator
Signer Is RepreSenting:

RIGHT THUMBPRINT

OF SIGNER
Top of thumb here
® 1999 National Notary Association • 9:50 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907
Reorder. Call Toll -Free 1-800-876-6827

Page 413 of 1627 ends

4 EXHIBIT A
LEGAL DESCRIPTION OF '1 liE PROPERTY
5/11/04 4000.88
H&O: #10638 v3
PageEkllatf A627

RBF Consulting
14725 Alton Parkway
Irvine, California 92618
Exhibit "A"

LEGAL DESCRIPTION

SUNDANCE DEVELOPMENT AGREEMENT
October 17, 2003
JN 10-102112.01

Page 1 of 3 ends

That certain parc I of land situated in the City of Beaumont, County of Riverside, State of California, bei g that portion of Section 35, Township 2 South, Range 1 West together with all o Section 2 and that portion of Section 11, Township 3 South, Range 1 West, all San Bernardino Meridian, described as follows:

BEGINNING at the centerline intersection of Brookside Avenue and Cherry Avenue being also the northwest corner of said Section 35 and an angle point in the existing boundary line of the Beaumont -Cherry Valley Water District. thence along sai existing boundary line and the westerly line of said Section 35 South 00°50'06L est 1420.14 feet to an angle point in said existing boundary line as established by "A I nexation to Beaumont -Cherry Valley Water District LAFCO 92-19-3"; I
thence along the Iportherly, easterly and southerly lines of said annexation through the following courses:I South 89°45'24L East 660.97 feet;
thence South 00°51'43L West 566.03 feet;
thence North 89°45'24L West 660.70 feet to said westerly line of Section 35; thence leaving sad southerly line, continuing along said existing boundary line through the following cour es: along said westerly Tine South 00°50'06L West 662.03 feet to the west quarter corn r of said section;
thence continuing along said westerly line South 00°39'07L West 2635.83 feet to the northwest corner Of said Section 2;
thence along the westerly line of said Section 2 South 00°32'42L West 2401.99 feet to the west quarter corner of said section;

Page 415 of 1627 ends

RBF Consulting
Sundance Development Agreement
October 17, 2003
JN 10-102112.01

Page 2 of 3 ends

thence continuing along said westerly line South 00°18'181_ East 2637.67 feet to the southwest corner of said Section 2;
thence along the southerly line of said Section 2 South 88°12'51L East 2401.95 feet to the northeasterly corner of Lot 7, Block 1 of the Map of the Subdivision of Section 11, Township 3 South, Range 1 West, San Bernardino Meridian recorded in Book 9, Page 10 of Maps in the Office of the County Recorder of said San Bernardino; thence along the easterly line of said Lot 7 and the southerly prolongation thereof South 00°16'11L West 186.80 feet to the centerline of Eighth Street; thence along said centerline through the following courses: South 89°46'16L East 424.88 feet;
thence South 89°44'451_ East 1551.55 feet to the beginning of a tangent curve concave northerly and havi g a radius of 1000.00 feet;
thence along said
curve easterly 251.56 feet through a central angle of 14124'481_; thence tangent from said curve North 75°50'271_ East 177.60 feet to the beginning of a tangent curve con ave southerly and having a radius of 1000.00 feet; thence along said
curve easterly 239.28 feet through a central angle of 13142'361_; thence tangent from said curve North 89°33'03L East 215.76 feet to the centerline of Highland Springs ,kvenue, being also the southeasterly corner of said Section 2; thence leaving said centerline of Eighth Street and existing boundary line of Beaumont - Cherry Valley W ter District, along the easterly line of said Section 2 North 00° 10'301_ East 2640. 8 feet to the east quarter corner of said section; thence continuing along said easterly line North 00°10'121_ East 2541.66 feet to the northeast corner Of said section;
thence along the easterly line of said Section 35 North 01°08'321_ East 2639.31 feet to the east quarter corner of said section;
thence continuing along said easterly line North 01°09'01L East 1980.24 feet to an angle point in said existing boundary line of the Beaumont -Cherry Valley Water District;

Page 416 of 1627 ends

RBF Consulting October 17, 2003
Sundance Development Agreement JN 10-102112.01

Page 3 of 3 ends

thence along said existing boundary line through the following courses: continuing along said easterly line of Section 35 North 01°09'01L East 659.33 feet to the northeast corner of said section being also on the centerline of said Brookside Avenue; thence along the northerly line of said section North 89°40'48L West 1321.69 feet to the northwest corner of the northeast quarter of the northeast quarter of said section; thence along the westerly line of said northeast quarter of the northeast quarter of Section 35 South 01°08100L West 1322.94 feet to the centerline of Seventeenth Street; thence along said centerline North 89°43'361_ West 1321.39 feet to the centerline of Orchard Heights Avenue;
thence along said; centerline North 00°56'501_ East 1327.11 feet to said northerly line of Section 35 being also on the centerline of Brookside Avenue; thence along said northerly line North 89°32'301_ West 1327.60 feet; thence continuing

TRUE POINT OF
CONTAINING: 12
along said northerly line South 89°58'231_ West 1319.10 feet to the BEGINNING.

17.16 Acres, more or less.

EXHIBIT "A-1" attached and by this reference made a part hereof.

Page 417 of 1627 ends

0 0
•

EXHIBIT B

MAP OF THE PROPERTY
5/11/04 4000.88
H&O: #10638 v3
Page ilfR 627

•

BEAUMONT, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA.

BROOESLOE AYE
170
S7REh7'
MARY
LANE
COUGAR
WAY
14th
STREET

ANTONELL
COURT
11th
STREET
10th
STREET

PARCEL A

LOT LINE ADJUSTMENT
01 — LLA —02
INST. N4 2002-0219 2, O.R.
/
2000 1000
17th

PARCEL B
8th STREET
2000

SCALE IN FEET )
1)
2)

CITY LIMITS OF BANNING
NOTES:

THIS ANNEXATION CONTAINS 1217.16 ACRESt.

UNLESS OTHERWISE NOTED, DISTANCES HEREON
ARE GROUND MEASUREMENTS. TO OBTAIN GRID

DISTANCES MULTIPLY BY A COMBINED FACTOR OF

0.99988764
SCALE: 1" = 2000'
LEGEND

ZO INDICATES SHEET NUMBER
EXHIBIT "A -1n

SUNDANCE DEVELOPMENT AGREEMENT
SHEET 1 OF 3 SHEETS
PLANNING • DESIGN ■ CONSTRUCTION
14725 ALTON PARKWAY
II .

PVNE, CALIFORNIA 92618-2027
CONSULTING 949.4723505 • FAX 949.472.8373 • ww yRE F.com REVISED rLbHUARY 19, 2003
MARCH 15, 2002 J.N. 10-102112
!t\PDATA110102112\MAPPING\AMEX1112EX002.DWG

Page 419 of 1627 ends

P.02.

NW COR. SEC.
35, T.2S.,
R.1W. S.B.M.
20' _
o-
17TH "
STREET

SCHOOL SITE
INST. NO. 26656,
O.R. (1-24-91) _
MARY
LANE
In
COUGAR 81
WAY /
QJ
N
20'
S89°58'23"W
1319.10'
a
c
z
✓>c
N89°32'30"W N
— �— 1327.6O'
It
S89°45'24"E
660.97'
'\) S00°51'43"W
14TH ST. (
20'

ANTONELL
COURT
f 566.03'
N89°45'24"W
660.70'
W 1/4 COR. SEC. 35
APN 406-170-011
EXHIBIT "A-1

PARCEL A
oq

BROOKSIDE
;3
8 NORMAN RD.

Q ORCHARD o
HEIGHTS AVE.
)_-N89°43'36"W
1321.39'
q, 17TH STREET
vl
N o d
a
AVE. a
0 1321.69'
N89°40'48"W
' �I
Obi �� 1 'a '
NE COR. SEC.
35, T.2S.,
R.1W. S.B.M.
659.33'
L_
jcsr—
o'j
9 � 0 1 N
�, l e�° 40
S ,. „ ',, �I z z
APN '406-1170-007 I ol
E 1/4 COR. SEC. 35 �' I
0M)' c4
APN 406-170-008 ___80.

LOT LIi\EE ADJUSTMENT J 1--LLA -O2
.W. CORNER SECTION 2,
.3S., R.1W., S.B.M.

IN,ST, NO,
APN 419-020-017
2002-021972, J, R.

PARCEL
- SEE SHEET 3 -
1000 500 0 1000
(SCALE IN FEET)

SUNDANCE DEVELOPMENT

AGREEMENT
LEGEND
L,J
r7
w
N �
Um
N1n
cZ
NO
JI r-80'
INDICATES NW COR. NE 1/4, NE 1/4
SEC. 35, 725., R.1W. S.B.M.

SHEET 2 OF 3 SHEETS
PLANNING ■ DESIGN ■ CONSTRUCTION
14725 ALTON PARKWAY
. II • ME, CALIFORNIA 92616-2027
CONSULTING 949472.3505 • FAX 949.472.6373 • wwwPSF.cam
REVISED FEBRUARY 19, 2003
MARCH 15, 2002 J.N. 10-102112
It IPDATA1101021121MAPPINGIANAEX1112EXD03.DWG

Page 420 of 1627 ends

4 • ' I
4 ° t
• °4 1
0 N

ANTONELL
COURT
w
20'
7-I
11TH ST.
10TH ST.

Cr)
VARIES
J
- SEE
APN 419-020-017

PARCEL A
'W 1/4 COR. SEC. 2
LOT LINE ADJUSTMENT O 1-L A -o2
SHEET 2 -

PARCEL B
E 1/4 COR. SEC. 2
APN 419-020-018
\I /
INST. NO. 2002021972, J.R.

FTW COR. SEC. 2,
.3S., R.1W. S.B.M.
5888°12'51"E 2401.95'
L"1X'
CS

4.1 DATA TABLE
z�
w

BRNG/DELTA RADIOS LENGTH
1 14°24'48" 1000.00' 251.56'
2 N75°50'27"E -- 177.60'
3 13°42'36" 1000.00' 239.28'
4 N89°33'03"E -- 215.76'
1000 500 0 1000
(SCALE IN FEET)
EXHIBIT "A-1'

SUNDANCE DEVELOPMENT

AGREEMENT
S89°46'16"E
424.88'
o )61' <! 010
,
sorWil"w I
186.80' O P o�'
1551.55'
raii
S89°44'45"E
d Q 8TH STREET
c
z
w
LEGEND
w
0 g
80'
82'
Co
0 Ia
N
q, HIGHLAND SPRINGS AVE.

INDICATES N L Y LINE, BLOCKS 1 & 2,
MAP OF THE SUBDII'SION OF SEC.
11, T. 3S., R.1 W. S.B.M. PER BOOK 9,
PAGE 10 OF MAPS.

INDICATES NE'L Y COR. LOT 7, BLOCK
1 PER BOOK 9, PAGE 10 OF MAPS.

SHEET 3 OF 3 SHEETS
PLANNING • DESIGN ■ CONSTRUCTION
. 14725 ALTON PARKWAY
. .

FRN1E, CALIFORNA 92618-2027
CONSULTING 549.4723505 • FAX 5494729373 • wwwA8F.cam
REVISED FEBRUARY 19, 2003
MARCH 15, 2002 J.N. 10-102112
1* 'PDATAI10102112jMAPPING\AN11EXj112£X004.DWG

Page 421 of 1627 ends

ti
!

EXHIBIT C

LIST OF PERMITS AND APPROVALS
Sundance Specific Plan
Tentative Tract Map Nos. 31468, 31469, 31470 and 31893
Addendum to the Sundance Specific Plan EIR
5/11/04 4000.88
H&O: #10638 v3
Pag*thibfCl 627

RECORDING REQUESTED BY, AND
WHEN RECORDED, MAIL TO:

City Clerk
City of Beaumont
P. 0. Box 158
Beaumont, Ca 92223
ac)
.6.4
gP .0. It?
cat
668 Q
V � a
W
cc
(Space above tor Recorder's Use)

DEVELOPMENT AGREEMENT

BETWEEN

THE CITY OF BEAUMONT
AND

HIGHLAND FARMS, ALEISIAN FARMS

AND BANNING FARMS (DEUTSCH)
(Pursuant to Government Code
Sections 65864 - 65869.5)

Page 423 of 1627 ends

o Q

TABLE OF CONTENTS
DESCRIPTION PAGE NO.

1. Definitions 4

1.1 Agreement 4

1.2 Agreement Date 4

1.3 Build -Out Phasing Plan 4

1.4 City 5

1.5 Development Plan 5

1.6 Effective Date 5

1.7 Developer 5

1.8 Project 5

1.9 Property 6

2. Exhibits 6

3. Mutual Benefits 6

3.1 Benefits to City 6

3.2 Benefits to Developer 7

4. Interest of Developer 7

5. Binding Effect of Agreement 7

6. Project as a Private Undertaking 7

7. Term 7

8. Changes in Project 8

9. Hold Harmless 8

9.1 By Developer 8

9.2 By City 8

10. Vested Right 8

10.1 No Conflicting Enactments 9

10.2 Intent of Parties 9

11. General Development of the Project 9

11.1 Project 9

11.2 Phasing and Timing of Development 10

11.3 Effect of Agreement on Land Use
Regulations 11

11.4 Administrative Changes and Amendments 11

Page 424 of 1627 ends

11.5 Mello -Roos Community Facilities
Districts; Other Assessment District
or Financing Mechanisms 12

11.6 Water and Sewer Facilities 12

11.7 Public Services and Facilities 13

11.8 Cancellation of Williamson Act
Agricultural Preserve and Land
Conservation Agreement 13

11.9 Other Governmental or Quasi -
Governmental Permits 13

11.10 Consistency Between This Agreement
and Current Laws 14

11.11 Assessments and Fees 14

11.12 Subsequent Actions 14

12. Rules, Regulations and Official Policies 14

12.1 New Rules 14

12.2 Subsequent Actions and Approvals 15

12.3 State and Federal Laws 15

13. Amendment or Cancellation of Agreement 15

14. Enforcement 15

15. Periodic Review of Compliance with Agreement.... 16

16. Events of Default 16

16.1 Default by Developer 16

16.2 Default by City 16

16.3 Specific Performance Remedy 17

17. Institution of Legal Action 18

18. Waivers and Delays 18

18.1 Waiver 18

18.2 Third Parties 18

18.3 Force Majeure 18

19. Notices 18

20. Attorneys' Fees 19

21. Transfers and Assignments 19

21.1 Right to Assign 19

21.2 Release Upon Transfer 19

22. Cooperation in the Event of Legal Challenge 19

Page 425 of 1627 ends

23. Eminent Domain 20

24. Authority to Execute 20

25. Recordation 20

26. Protection of Mortgage Holders 20

27. Severability of Terms 20

28. Subsequent Amendment to Authorizing Statute 20

29. Interpretation and Governing Law 20

30. Section Headings 20

31. Incorporation of Recitals and Exhibits 21

32. Rules and Construction and Miscellaneous Terms 21

32.1 Gender 21

32.2 Time of Essence 21

32.3 Cooperation 21

Page 426 of 1627 ends

DEVELOPMENT AGREEMENT
(Pursuant To Government Code
Sections 65864 -65869.5)
This DEVELOPMENT AGREEMENT ("Agreement") is entered
into to be effective on April 25, 1991, between ALEISIAN FARMS, a California general partnership, HIGHLAND FARMS, a California general partnership and BANNING FARMS, a California general partnership (collectively the "Developer") and the CITY OF BEAUMONT, a Municipal corporation organized and existing under the laws of the State of California ("City"). Developer and City are sometimes collectively referred to herein as the "parties."
RECITALS:

This Agreement is predicated upon the following facts:

A. These Recitals refer to and utilize certain capital- ized terms which are defined in this Agreement. The parties intend to refer to those definitions in conjunction with the use thereof in these Recitals.

B. Government Code Sections 65864 - 65869.5 ("Develop-
ment Agreement Law") authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning pro- cess, encouraging private participation and comprehensive plan- ning and reducing the economic costs of such development.

C. This Agreement is adopted pursuant to Government Code Section 65865 et seq. •
D. Developer is the owner of approximately 1,162 acres
of land curren ly located within unincorporated Riverside County, Califo nia as more particularly described on Exhibit "A" and shown on E hibit "B" ("Property"). The respective interests of Aleisian Farms, Highland Farms and Banning Farms in the Property are t ose as set forth on the title report attached as Exhibit "C". or purposes of information only, Developer owns an additional ,552 acres of land located East of the Property of which 1,268Iacres are located within the City of Banning, and all of which land Developer intends to develop in concert with the Property (the "Banning Property").

E. Dev Loper intends to develop the Property as an
integrated, in ernally oriented planned residential project in accordance wit the Development Plan as hereinafter defined in

Page 427 of 1627 ends

Beaumont City CouncilFebruary 18, 2025

Beaumont City Council
February 18, 2025