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4.9.3 Project Specific Analysis
Construction of the current project's proposed development of 279,941 square feet of general commercial land uses may involve temporary hazards related to the use and transport of hazardous materials, including those used for typical construction activities (i.e., diesel fuel, motor oil, basic or acidic chemicals, etc.). Construction contractors would be required to comply with all applicable federal, state, and local laws and regulations regarding the transport, use, storage, and disposal of hazardous construction -related materials, including but not limited requirements imposed by the United States Environmental Protection Agency (USEPA), California Department of Toxic Substances Control (DTSC), the SCAQMD, Santa Ana Regional Water Quality Control Board (RWQCB), and/or the Riverside County Department of Environmental Health Hazardous Materials (County EHHM). The County EHHM serves as the Certified Unified Program Agency (CUPA), which is charged with the responsibility of conducting compliance inspections for regulated facilities in the County that handle hazardous materials above certain quantities (e.g., a retail use that sells cleaning supplies). Use of any hazardous materials during operation of the project would be regulated by the CUPA through a Hazardous Materials Release Response Plan and Inventory. Compliance with state and local regulations and the CUPA would ensure that project construction and operation would not create a hazard related to the transport, use, and disposal of hazardous materials beyond what was analyzed in the 2020 GPU EIR and 2007 Project EIR. This impact would be less than significant.
As determined by the 2007 Phase I ESA, the DTSC EnviroStor Database, and the SWRCB GeoTracker database, the project site is not identified as a hazardous materials site (DTSC 2025; SWRCB 2025). No evidence of the presence or likely presence of hazardous substances or materials was identified at the project site, which was undeveloped land at the time and remains as undeveloped land under existing conditions. No new development on -site has occurred since the completion of the 2007 Phase I ESA that might otherwise have introduced new land uses requiring the handling, storage, disposal, or emission of hazardous materials. No schools are located within 0.25 -miles of the project site. The nearest school, Three Rings Ranch Elementary School, is located 0.65 -miles southeast of the project site, and project construction and operation would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within 0.25 -miles of Three Rings Ranch Elementary School. As discussed in the 2020 GPU EIR, there are no airports within the Planning Area, which includes the project site. The nearest airport is Banning Municipal Airport located 8 miles southeast of the project site. As a result, the project would not result in a safety hazard or excessive noise for people residing or working in the project area as a result of operations from the Banning Municipal Airport.
The current project would result in construction activities that could temporarily affect roadways as a result of partial lane closures. This could affect emergency response times or evacuation routes. Additionally, the current project would increase the number of people who may need to evacuate the project area in the event of an emergency.
However, all roadway improvements proposed by the project would be constructed based on industry and City design standards, rules, and regulations. The project would also comply with the Fire Department requirements pertaining to access/egress to ensure adequate emergency access. The project would also be subject to the goals and policies of the Beaumont 2040 Plan that govern adequate emergency vehicle response and evacuations.
Therefore, the current project square footage is 63% of the 2007 project, would generate less traffic, and would not conflict with or impair the implementation of or interfere with an adopted emergency response or emergency evacuation plan. The project site is not located within a fire hazard severity zone, as established by the California Department of Forestry and Fire Protection (CAL FIRE) (CAL FIRE 2024). Therefore, there are no impacts that are peculiar to the project site; there are no direct or cumulatively -considerable impacts of the current project that were not already evaluated by the 2020 GPU EIR and 2007 Project EIR; and there are no new or more severe impacts to the environment beyond what was previously evaluated and disclosed by the 2020 GPU EIR and 2007 Project EIR.
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4.10 HYDROLOGY AND WATER QUALITY
Would the project
New
Significant
Impact
NewAbilityto No Substantial
MoreSevere Substantially Changefrom
Impacts ReduceSignificant Previous
Impact Analysis
a. Violate any water quality standards or waste
discharge requirements or otherwise substantially
degrade surface or groundwater quality?
b. Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge
such that the project may impede sustainable
groundwater management of the basin?
c. Substantially alter the existing drainage pattern of the site or area, including through the alteration
of the course of stream or river or through the
addition of impervious services, in a manner
which would:
1. Result in substantial erosion or siltation on- or
off -site?
2. Substantially increase the rate or amount of
surface runoff in a manner which would result
in flooding on- or offsite?
3. Create or contribute runoff water which
would exceed the capacity of existing or
planned stormwater drainage systems or
provide substantial additional sources of
polluted runoff?
4. Impede or redirect flood flows?
d. In flood hazard, tsunami, or seiche zones, risk
release of pollutants due to project inundation?
e. Conflict with or obstruct implementation of a
water quality control plan or sustainable
groundwater management plan?
The 2020 GPU EIR and the 2007 project EIR evaluated the project site for impacts to Hydrology and Water Quality.
4.10.1 Applicable 2020 GPU EIR and 2007 Project EIR Mitigation Measures
2020 GPU EIR Mitigation Measures: The 2020 GPU EIR did not include mitigation measures for Hydrology and Water Quality.
2007 Project EIR Mitigation Measures: The 2007 project EIR did not include mitigation measures for Hydrology and Water Quality.
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4.10.2 Previous Significance Determinations
2020 GPU EIR
The 2020 GPU EIR determined that buildout of the Planning Area in accordance with the Beaumont 2040 Plan would have the potential to result in discharges from soil disturbance that could violate water quality standards if not adequately addressed. Consistent with the goals and policies of the Beaumont 2040 Plan, construction of individual projects consistent with and approved under the Beaumont 2040 Plan that are greater than one acre in size would be subject to the SWRCB NPDES Construction General Permit, which requires the preparation of a SWPPP to describe targeted erosion and sediment BMPs in order to prevent stormwater pollution during construction. Individual projects regardless of size would be subject to Title 13 of the City's municipal code, Stormwater/Urban Runoff Management and Discharge Controls, to minimize the potential for erosion. Through compliance with the goals and policies of the Beaumont 2040 Plan, construction of individual projects consistent with the Beaumont 2040 Plan would not violate water quality standards or otherwise substantially degrade surface or groundwater quality. In terms of operation, pursuant to the Riverside County MS4 Permit, qualifying new development and large redevelopment projects are required to prepare a Water Quality Management Plan (WQMP) or similar demonstration of post - construction methods to mitigate downstream impacts to flooding and water quality. Further, the 2020 GPU EIR determined that projects developed in accordance with the Beaumont 2040 Plan would be required to incorporate sustainable stormwater management practices, including Low Impact Development (LID) techniques to improve stormwater quality and reduce runoff quantity during operation. It was concluded that implementation of the Beaumont 2040 Plan would have a less than significant impact on water quality standards and waste discharge requirements and would not result in a significant impact on groundwater quality.
The Beaumont -Cherry Valley Water District (BCVWD) supplies water to the City of Beaumont and anticipated that significant growth within the City would be met through maximizing local groundwater production, purchasing more imported water, and increasing recycled water distribution. Because groundwater supplies comprise the bulk of the City's water demand, it was concluded that expanding water supplies and reducing water demand through conservation, while also setting aside land for active and passive recharge would be necessary by both the City and BCVWD. Compliance with the goals, policies, and objectives of Section 5.9.2 and 5.9.3 of the Beaumont 2040 Plan would allow for more recharge opportunities, ensure adequate funding for water facilities, and ensure planning for water infrastructure and testing of water quality. Therefore, it was determined that buildout of the Planning Area in accordance with the Beaumont 2040 Plan would have a less than significant impact on decreasing groundwater supplies or interfere substantially with groundwater recharge such sustainable groundwater management of the basin would be impeded.
The 2020 GPU EIR concluded that implementation of the Beaumont 2040 Plan goals policies, and implementation actions in Section 5.9.2 and existing regulations discussed in Section 5.9.2 of the Plan, erosion and siltation impacts from changes to existing drainage patterns and increased imperviousness from further buildout and development consistent with the Beaumont 2040 Plan would be less than significant. Similarly, the 2020 GPU EIR concluded that implementation of Beaumont 2040 Plan goals, policies, and implementation actions in Section 5.9.3 and existing regulations discussed in Section 5.9.2, flooding impacts from changes to the existing drainage patterns and increasing imperviousness from further buildout and development consistent with the Beaumont 2040 Plan would be less than significant. Future projects consistent with the Beaumont 2040 Plan were also determined to have a less than significant impact regarding redirecting or impeding flood flows, with compliance with the goals, objectives, and policies of Section 5.9.2 and 5.9.3 of the Beaumont 2040 Plan.
With compliance with the Beaumont 2040 Plan Chapter 15.24, Flood Management, the 2020 GPU EIR determined that buildout of the Planning Area in accordance with the Beaumont 2040 Plan would have a less than significant impact on substantially affecting existing risk of flood hazard. The City is located approximately 52 miles from the nearest ocean, the Pacific Ocean, and therefore no impacts were anticipated regarding tsunami. Future projects developed consistent with the Beaumont 2040 Plan might propose community lakes or ponds, although likely not large enough to create seiche; nevertheless, these particular projects would be required to comply with the Beaumont 2040 Plan City of Beaumont
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goals and policies to mitigate potential flooding discussed in Sections 5.9.2 and 5.9.3. Thus, these impacts were determined to be less than significant.
As discussed above, which describes measures put in place in order to ensure future development consistent with the Beaumont 2040 Plan has a less than significant impact on surface and groundwater quality, these same measures would also ensure that future development does not obstruct or conflict with the implementation of the Beaumont Basin Watermaster Committee, specifically Section 5.9.3 of the Beaumont 2040 Plan consisting of policies to support the monitoring, protection, and development of groundwater resources consistent with the tasks of the Watermaster.
Impacts were determined to be less than significant.
2007 PROJECT EIR
The 2007 Project EIR determined that the project would alter the natural drainage pattern of the existing undeveloped project site. Approximately 87 percent of the existing project site, once constructed, would be impervious to water, which would increase surface water flow. In order to address the potential impacts to existing surface runoff conditions of Noble Creek, a hydraulics analysis was completed. This analysis concluded that a detention basin would need to be constructed as part of the project in order to avoid a significant impact to the existing natural surface runoff rates. The detention basin was designed to accommodate flows from a 100 -year storm event, which was concluded to be able to minimize drainage pattern impacts associated with an increase in surface runoff from the project to a less than significant level. The 2007 Project EIR also concluded that development of the project with the proposed detention basin would be sufficient to avoid a significant impact to the hydraulics of Noble Creek during a 100 -year storm event and would not result in a significant impact with respect to flood flows. It was determined that there was no substantial risk or potential for tsunami, as the project site was over 50 miles from the nearest ocean, the Pacific Ocean. All impacts were determined to be less than significant.
4.10.3 Project Specific Analysis
Consistent with the findings of the 2007 Project EIR, the current project's construction activities may impact existing water quality and discharges during construction. As noted in the 2020 GPU EIR, both state and local regulations would effectively reduce construction stormwater runoff impacts from new development, such as the current project.
As construction activities would disturb one or more acres of land, the current project would be subject to the NPDES Construction General Permit requirements, which describes the preparation and implementation of a SWPPP that includes erosion controls, sediment controls, waste and materials management, non-stormwater management, training and education, and inspections, maintenance, monitoring, and sampling. Implementation of the SWPPP and compliance with Title 14 of the City's municipal code, Stormwater/Urban Runoff Management and Discharge Controls, would ensure the current project does not violate any water quality standards or waste discharge requirements during construction activities. In addition, a Preliminary WQMP was completed to address the current project's post - construction (i.e., operational) runoff characteristics and expected pollutant loads once fully built. The Preliminary WQMP would be prepared and approved prior to the issuance of grading permits for the construction of the project and would specify LID practices and post -construction BMPs which would be incorporated into the current project's design to capture and treat stormwater runoff; this would reduce pollutants of concern before conveying stormwater runoff into the City's storm drain system and ultimately to the Santa Ana River. Further, the 2020 GPU EIR determined that projects developed in accordance with the Beaumont 2040 Plan, such as the current project, would be required to incorporate sustainable stormwater management practices, including LID techniques to improve stormwater quality and reduce runoff quantity during operation. Adherence to regulatory compliance requirements regarding the Construction General Permit, SWPPP, Title 13 of the City's municipal code, and the WQMP enforced by the Santa Ana RWQCB, would ensure that water quality and waste discharge requirements are not violated.
The BCVWD maintains an Urban Water Management Plan that forecasts water supply and demand under normal, single -dry, and multiple -dry year conditions, assesses supply reliability, and describes methods of reducing demands under potential water shortages. The 2020 UWMP adopted in 2021 is based in part on the land uses planned as part of the Beaumont 2040 Plan adopted in 2020. Therefore, projects consistent with the land use designations and 52 City of Beaumont
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zoning of the Beaumont 2040 Plan would be accounted for in the water supply and demand estimations of the 2020 UWMP. The project site's land use designation is General Commercial, or GC, with a maximum FAR of 0.75. The current project would maintain the existing GC land use designation and include 279,941 square feet of general commercial land uses (including commercial retail and restaurant), which would result in a FAR of 0.22. Therefore, the current project would be consistent with the Beaumont 2040 Plan. Because of this, the current project's water demand would also be accounted for in the 2020 UWMP. The 2020 UWMP concluded that during any normal year conditions, the BCVWD would expect a surplus of water supply; during drought conditions (single- and multiple -dry years), the BCVWD would expect to benefit from utilizing groundwater stored in the Beaumont Basin to augment any shortfalls in supply from surface water and would also implement various reduction actions to conserve water of up to 40 percent of normal demands during extreme water supply shortages. Because the 2020 UWMP demonstrates that the BCVWD would have sufficient water supplies, including groundwater, to meet water demands within the district through 2045, it can therefore be concluded that the current project's demand for potable water would not result in the significant depletion of groundwater supplies.
In addition, based on the 2007 Project EIR, the 2007project proposed 441,709 square feet of commercial uses on 41.3 acres of land; however, the proposed commercial uses of the current project would now be developed on only 28.95 acres of land. Due to this reduction in on -site intensity as compared to the 2007 Project EIR, the current project would result in a decrease in the amount of water demand generated and a reduction in the amount of impervious surfaces (and thus greater infiltration for groundwater recharge) compared to what was originally analyzed under the 2007 Project EIR. Because the project would not substantially interfere with groundwater recharge such that the project may impede sustainable groundwater management of the basin, impacts would be less than significant.
Regarding substantially altering existing drainage patterns such that substantial erosion or siltation would occur, substantially increase surface runoff that would result in flooding, create or contribute runoff that would exceed existing or planned stormwater drainage systems, or impede or redirect flood flows, under existing conditions the project site is vacant and undeveloped. During construction, the current project would increase erosion susceptibility by introducing impervious surfaces, such as asphalt for proposed parking areas and building structures. As previously discussed, the project would be required to obtain a Construction General Permit, including a SWPPP and Preliminary WQMP. The SWPPP and Preliminary WQMP must identify and implement an effective combination of erosion and sediment control measures to reduce or eliminate stormwater discharge, including erosion and siltation. Therefore, runoff flows exiting the project site would be minimized through regulatory compliance to ensure that drainage and erosion impacts would be less than significant.
As shown in General Plan EIR Figure 5.9.3, Flood Hazard Zones, the project site is not located within a flood zone or flood plain. Nevertheless, the current project would install a detention/water quality basin on -site to minimize the volume and velocity of runoff. Consistent with the 2007 Project EIR, the proposed detention basin would still be constructed to accommodate flows from a 100 -year storm event from Noble Creek, located to the south. This would be consistent with the 2020 GPU EIR by complying with City's municipal code Chapter 16.44, Flood Control and Tract Drainage and complying with the Beaumont 2040 Plan Policies 3.11.5, Policy 7.4.3, and 9.8.4. This detention/water quality basin would ensure that flood flows would not be significantly impeded, and a less -than -significant impact would occur.
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4.11 LAND USE AND PLANNING
Would the project
New
Significant
Impact
NewAbilityto No Substantial
More Severe Substantially Change from
Impacts Reduce Significant Previous
Impact Analysis
a. Physically divide an established community?
b. Cause a significant environmental impact due to a
conflict with any land use plan, policy, or
regulation adopted for the purpose of avoiding or
mitigating an environmental effect?
The 2020 GPU EIR and the 2007 project EIR evaluated the project site for impacts to Land Use.
4.11.1 Applicable 2020 GPU EIR and 2007 Project EIR Mitigation Measures
2020 GPU EIR Mitigation Measures: The 2020 GPU EIR did not include mitigation measures for Land Use and Planning.
2007 Project EIR Mitigation Measures: The 2007 project EIR did not include mitigation measures for Land Use and Planning.
4.11.2 Previous Significance Determinations
2020 GPU EIR
The 2020 GPU EIR concluded that no physical division of an established community would result from the implementation of the Beaumont 2040 Plan. There would be no new large-scale changes to land use, especially to open space, that would physically divide an established community, and the policies of the Beaumont 2040 Plan would serve to connect and enhance new growth areas together with established City neighborhoods. This impact was determined to be less than significant. Regarding conflicting with a land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental impact, the 2020 GPU EIR concluded that implementation of the Beaumont 2040 Plan would have a less than significant impact; this was due to: (1) the Beaumont 2040 Plan is intended to clarify existing policies, correct errors and oversights, and provide additional guidance to further the physical growth of the City and would enhance (rather than conflict with) existing land use plans, policies, and regulations; (2) as part of meeting state requirements, the City's Zoning Ordinance and Zoning Map would be required to conform to the proposed land uses of the Beaumont 2040 Plan to eliminate and conflict and inconsistencies between documents; (3) goals and implementation measures in the Beaumont 2040 Plan would address the City's cooperation with other cross -border agencies to develop and implement regional plans for groundwater, drainage, and solid waste, and would be consistent with other applicable plans such as the MSHCP, greenhouse gas reduction plans, mineral resources, and the 2016-2040 SCAG Regional Transportation Plan / Sustainable Communities Strategy (RTP/SCS). For these reasons, the 2020 GPU EIR determined that this impact would be less than significant. 2007 PROJECT E I R
The 2007 Project EIR concluded that the project's proposed commercial uses within an area designated for commercial uses, surrounded by recreational, residential, and proposed commercial land uses to the north, the I-10 freeway and proposed commercial uses to the west, and proposed residential uses to the south and east, would not physically divide an established community, and no impact would occur. The project would be consistent with the �,yy City of Beaumont
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General Plan and Zoning Code by establishing commercial uses on commercially designated land and therefore would be consistent with the governing land use plan. The 2007 Project EIR also concluded that the project would not conflict with the MSHCP, as discussed under Section 4.2, "Biological Resources," of the 2007 Project EIR. This impact was determined to have a less than significant impact.
4.11.3 Project Specific Analysis
Under existing conditions, the project site is vacant and undeveloped land. Oak Valley Parkway is located to the north and commercial, open space, and low -density residential is located further north. Noble Creek and undeveloped land is located to the east and south, and further south are low -density residential homes. The I-10 freeway is located west of the project site, along with undeveloped land and low -density residential further west. The current project would not affect physically divide an established community. The current project would remain consistent with the findings of the 2007 Project EIR and the 2020 GPU EIR analysis of the Beaumont 2040 Plan. The current project proposes general commercial development (commercial retail and restaurant) on land designated by the Beaumont 2040 Plan as general commercial with a maximum FAR of 0.75. The proposed FAR would be 0.22, consistent with the Beaumont 2040 Plan. As discussed in Section 4.4, "Biological Resources," the current project would not conflict with other governing land use plan, policy, or regulation, such as the MSHCP. Therefore, there are no impacts that are peculiar to the project site; there are no direct or cumulatively -considerable impacts of the proposed project that were not already evaluated by the 2020 GPU EIR and 2007 Project EIR; and there are no new or more severe impacts to the environment beyond what was previously evaluated and disclosed by the 2020 GPU EIR and 2007 Project EIR.
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4.12 MINERAL RESOURCES
Would the project
New
Significant
Impact
NewAbilityto No Substantial
MoreSevere Substantially Changefrom
Impacts ReduceSignificant Previous
Impact Analysis
a. Result in the loss of availability of a known mineral resource that would be of value to the region and
the residents of the state?
b. Result in the loss of availability of a locally -
important mineral resource recovery site
delineated on a local general plan, specific plan or
other land use plan?
The 2020 GPU EIR and the 2007 project EIR evaluated the project site for impacts to Mineral Resources.
4.12.1 Applicable 2020 GPU EIR and 2007 Project EIR Mitigation Measures
2020 GPU EIR Mitigation Measures: The 2020 GPU EIR did not include mitigation measures for Mineral Resources. 2007 Project EIR Mitigation Measures: The 2007 project EIR did not include mitigation measures for Mineral Resources.
4.12.2 Previous Significance Determinations
2020 GPU EIR
The 2020 GPU EIR determined that buildout of the Planning Area in accordance with the Beaumont 2040 Plan would have no impact on mineral resources because the City has no known or identified mineral resources of regional or statewide importance, as shown in General Plan EIR Figure 5.11-1, Mineral Resources, in the 2020 GPU EIR. The City is located in Mineral Resource Zone 3, where the significance of mineral resources is undetermined. Development of the Beaumont 2040 Plan would not restrict access to mineral resources outside of the Planning Area; therefore, it was determined that the Beaumont 2040 Plan and its Revised Zoning Map would not result in the loss of availability of a known mineral resource and that this impact was less than significant. Although the previous Zoning Ordinance had a Mineral Resources Overlay Zone (Section 17.03.160 of the City's municipal code) neither the City's 2006 General Plan, Zoning Map, or any specific plan within the Planning Area identified a locally important mineral resource recovery site. Therefore, it was determined that this impact was less than significant. 2007 PROJECT E I R
The 2007 Project EIR concluded that no significant amount of mineral deposits had been found in the City and there are no potentially significant mineral resources within the project site. It was determined that development of the project would result in a less than significant impact.
4.12.3 Project Specific Analysis
The current project proposes similar general commercial land uses as the 2007 Project EIR. However, there would be an overall reduction in size, from the original 441,709 square feet/41.3 acres proposed in 2007 to 279,941 square feet/28.95 acres for the current project. In addition, the 2007 Project EIR found that no significant amounts of mineral 56 City of Beaumont
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deposits have been found in the City, and General Plan EIR Figure 5.11 of the 2040 GPU EIR showed that there were no locally important mineral resource recovery sites. Therefore, the current project would not result in the loss of availability of a known mineral resource and would not result in the loss of availability of a locally important mineral resource recovery site. Therefore, there are no impacts that are peculiar to the project site; there are no direct or cumulatively -considerable impacts of the proposed project that were not already evaluated by the 2020 GPU EIR or 2007 Project EIR; and there are no new or more severe impacts to the environment beyond what was previously evaluated and disclosed by the 2020 GPU EIR and 2007 Project EIR.
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4.13 NOISE
Would the project result in:
New
Significant
Impact
New Ability to No Substantial
More Severe Substantially Change from
Impacts Reduce Significant Previous
Impact Analysis
a. Generation of a substantial temporary or
permanent increase in ambient noise levels in the
vicinity of the project in excess of standards
established in the local general plan or noise
ordinance, or applicable standards of other
agencies?
b. Generation of excessive groundborne vibration or
groundborne noise levels?
c. For a project located within the vicinity of a
private airstrip or an airport land use plan or,
where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project expose people residing or
working in the project area to excessive noise
levels?
The 2020 GPU EIR and the 2007 project EIR evaluated the project site for impacts to Noise.
4.13.1 Applicable 2020 GPU EIR and 2007 Project EIR Mitigation Measures
2020 GPU EIR Mitigation Measures: The 2020 GPU did not include mitigation measures for Noise. 2007 Project EIR Mitigation Measures: The 2007 project EIR did not include mitigation measures for Noise.
Level of Significance with Mitigation Measures
2020 GPU EIR: No feasible mitigation existed at a programmatic level regarding the generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. As a result, this impact was concluded as a Significant and Unavoidable Impact.
4.13.2 Previous Significance Determinations
2020 GPU EIR
The 2020 GPU EIR determined that buildout of the Planning Area in accordance with the Beaumont 2040 Plan would result in a significant and unavoidable impact with respect to generating a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance. Specifically, it was concluded that buildout of the Beaumont 2040 Plan could lead to a potential exceedance of future noise levels along major roadways and for sensitive receptors (see Table 5.12-H in the 2020 GPU EIR). Since existing conditions already exceed the City and state noise standards, as well as exceeding acceptable noise increase standards from the Federal Transit Administration, impacts from permanent noise were considered significant and unavoidable. The 2020 GPU EIR determined that compliance with the applicable provisions of Chapter 9.02 of the City's municipal code and the Beaumont 2040 Plan policies and implementation actions would limit construction hours, identify appropriate project -specific mitigation, and reduce construction -related vibration 58 City of Beaumont
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impacts, resulting in a less than significant regarding generation of excessive groundborne vibration or groundborne noise levels. Due to the fact that the nearest airport, Banning Municipal Airport, located approximately five miles east of the City, the 2020 GPU EIR concluded that buildout of the Beaumont 2040 Plan would result in a less than significant impact regarding whether buildout would expose people residing or working in the City to excessive airport noise levels.
2007 PROJECT E I R
The 2007 Project EIR determined that the project would have a less than significant impact regarding construction noise impacts, with compliance with the City's Noise Ordinance and restricting the hours of construction from 7:00 a.m. to 6:00 p.m. Similarly, operational noise impacts were found to be less than significant due to noise attenuation loss created by the separation of the project site and its distance to sensitive receptors, along with the proximity of the I-10 freeway east and adjacent to the project site, which created an elevated ambient noise environment at and near the project site. Traffic noise impacts would also be less than significant, as it was calculated that construction and operation of the project would not increase traffic noise levels by more than one decibel. Vibration impacts and impacts related to exposure to excessive airport noise were also determined to be less than significant.
4.13.3 Project Specific Analysis
The 2007 project originally proposed 441,709 square feet of general commercial uses on approximately 41.3 acres of the 60.5 acres project site. The current project would develop 279,941 square feet of general commercial retail and restaurant uses on approximately 28.95 acres on -site, reducing the projectsquare footage by 37 percent in size.
Because the current project would result in reduced commercial density compared to the assumptions of the 2007 Project EIR, it can be concluded that the current project would result in reduced impacts regarding noise as compared to what was evaluated and disclosed in the 2007 Project EIR, for both construction and operation.
Therefore, consistent with the 2007 Project EIR findings, the current project would not have a significant impact regarding noise impacts. Therefore, there are no impacts that are peculiar to the project site; there are no direct or cumulatively -considerable impacts of the proposed project that were not already evaluated by the 2020 GPU EIR and 2007 Project EIR; and there are no new or more severe impacts to the environment beyond what was previously evaluated and disclosed by the 2020 GPU EIR and 2007 Project EIR.
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4.14 POPULATION AND HOUSING
Would the project
New
Significant
Impact
New Ability to No Substantial
More Severe Substantially Change from
Impacts Reduce Significant Previous
Impact Analysis
a. Induce substantial unplanned population growth
in an area, either directly (for example, by
proposing new homes and businesses) or
indirectly (for example, through extension of
roads or other infrastructure)?
b. Displace substantial numbers of existing people or
housing, necessitating the construction of
replacement housing elsewhere?
The 2020 GPU EIR and the 2007 project EIR evaluated the project site for impacts to Population and Housing.
4.14.1 Applicable 2020 GPU EIR and 2007 Project EIR Mitigation Measures
2020 GPU EIR Mitigation Measures: The 2020 GPU EIR did not include mitigation measures for Population and Housing.
2007 Project EIR Mitigation Measures: The 2007 project EIR did not include mitigation measures for Population and Housing.
4.14.2 Previous Significance Determinations
2020 GPU EIR
The 2020 GPU EIR determined that buildout of the Planning Area in accordance with the Beaumont 2040 Plan would allow for new residential and nonresidential development leading to an estimated 18 percent growth rate at buildout.
The Beaumont 2040 Plan was developed to accommodate projected population increases and make sure that the City made efficient and appropriate use of its land. It was concluded that the implementation of the Beaumont 2040 Plan would not result in a substantial increase in population growth due to the fact that the City planned for the growth forecasts in the Beaumont 2040 Plan. Implementation of the Beaumont 2040 Plan focused future growth development of the downtown area, industrial and commercial development, and residential, and it was concluded that new development and infill development would not result in displacement of a substantial number of people or housing units. There are no existing developed land uses onsite. These impacts were determined to be less than significant.
2007 PROJECT EIR
The 2007 Project EIR concluded that the project was consistent with the Beaumont General Plan, which intended to meet the needs of the City, including the demand for more commercial development. No displacement of housing would occur as a result of the project. For these reasons, these impacts were determined to be less than significant. It can be assumed that the currently proposed project will generate approximately 63% of the employees generated by the 2007 project.
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4.14.3 Project Specific Analysis
The current project would involve the development of 279,941 square feet of general commercial land uses, specifically 247,868 square feet of commercial retail and 32,073 square feet of commercial restaurant, generating approximately 200 employees. These proposed land uses would be consistent with the Beaumont 2040 Plan, which designates the project site as General Commercial with a maximum allowable FAR of 0.75. The current project would develop general commercial land uses on the project site and would result in a FAR of 0.22. Further, the Beaumont 2040 Plan estimates that total future employment for the City will increase by 38,224 employees by 2040. General Plan EIR Table 5.13-K, Employment Forecasts, of the 2020 GPU EIR specifically shows that the Retail/Service land use designation would introduce approximately 9.5 million square feet of new development and generate approximately 8,170 new jobs.
Therefore, the current project's proposed square footage and employment generation would be well within the estimated forecasts and growth projections of the 2020 GPU EIR and the 2007 Project EIR. Additionally, the current project would not extend any roadways or utilities in a manner that would indirectly induce substantial unplanned growth in the immediate vicinity of the project site or elsewhere. The current project would introduce development in an area that has existing infrastructure systems designed and sized to accommodate development of the project site.
No people or housing would be displaced as a result of the current project's implementation. Under existing conditions, the project site is vacant, undeveloped land, and as such, the current project's proposed general commercial land uses do not have the potential to result in the displacement of substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere. Therefore, there are no impacts that are peculiar to the project site; there are no direct or cumulatively -considerable impacts of the proposed project that were not already evaluated by the 2020 GPU EIR and 2007 Project EIR; and there are no new or more severe impacts to the environment beyond what was previously evaluated and disclosed by the 2020 GPU EIR and 2007 Project EIR.
City of Beaumont
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4.15 PUBLIC SERVICES
Would the project
New
Significant
Impact
New Ability to No Substantial
More Severe Substantially Change from
Impacts Reduce Significant Previous
Impact Analysis
a. Would the project result in substantial adverse
physical impacts associated with the provision of
new or physically altered governmental facilities,
need for new or physically altered governmental
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable service ratios, response times
or other performance objectives for any of the
public services:
1) Fire protection?
2) Police protection?
3) Schools?
4) Parks?
5) Other public facilities?
The 2020 GPU EIR and the 2007 project EIR evaluated the project site for impacts to Public Services.
4.15.1 Applicable 2020 GPU EIR and 2007 Project EIR Mitigation Measures
2020 GPU EIR Mitigation Measures: The 2020 GPU EIR did not include mitigation measures for Public Services. 2007 Project EIR Mitigation Measures: The 2007 project EIR did not include mitigation measures for Public Services.
4.15.2 Previous Significance Determinations
2020 GPU EIR
The 2020 GPU EIR determined that buildout of the Planning Area in accordance with the Beaumont 2040 Plan would generate the need for approximately 30 new fire stations. The City has access to 23 fire stations and would therefore need to build seven new fire stations with the proposed buildout of the Beaumont 2040 Plan. Each project applicant would be required to pay Development Impact Fees (DIF) for fire protection services pursuant to Beaumont 2040 Plan implementation measures LUSD-6 and S11 to offset each project's related demand on existing fire protection services. These DIF would help fund the Riverside County Fire Department (RCFD) and identify improvements and new fire station sites in response to City growth proposed in, and consistent with, the Beaumont 2040 Plan. The 2020 GPU EIR concluded that the implementation of DIF would ensure that as each future project is developed, adequate fire protection and emergency and medical services would be provided. All future development would be constructed in compliance with the California Fire Code as adopted by the City's municipal code Section 15.20.
Additionally, prior to any new development, all project plans would be required to be submitted to the fire marshal for review. Impacts to fire protection services were concluded to be less than significant. 62 City of Beaumont
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Buildout of the Beaumont 2040 Plan would have a significant impact on police services, which did not meet the City's standards and ratio of one police officer per 1,000 persons. Continued buildout of the City under the Beaumont 2040 Plan would result in increased demand on existing services at that time, which were already impacted. The 2020 GPU EIR concluded that in order to fund police protection services, the City would annex new residential developments into the City so as to help fund public safety and municipal services provided, such as police protection, which aligns with the Beaumont 2040 Plan Policy 5.9.1. Through the implementation of applicable policies of the Beaumont 2040 Plan, including the annexation of certain areas, it was concluded that the City would be able to meet the ratio of one police officer per 1,000 persons, and it was determined that this impact was less than significant.
Based on the buildout of the Beaumont 2040 Plan and Beaumont Unified School District (BUSD) growth projections, the City would require one new elementary, middle, and high school, for a total of three new schools, in order to accommodate future development in the City. As projects proposed under the Beaumont 2040 Plan are proposed, project applicants would be required to pay Alternative School Fees to reduce the impact of development on existing school facilities. It was determined that through the implementation of the Beaumont 2040 Plan Policy 7.10.1 and compliance with AB 2926 and SB 50, impacts to schools would be less than significant.
At the time of the 2020 GPU EIR, the Beaumont Library District (BLD) provided 0.17 square foot per capita (per person), and the generally accepted ratio is 0.5 to 1 square foot of space per capita. A continuation of development under the Beaumont 2040 Plan was expected to continue to impact this ratio until adequate facilities were provided.
It was concluded that implementation of the Beaumont 2040 Plan would result in the development of vacant properties which would increase property tax revenue for the BLD to utilize and appropriate for new and improved library facilities. For this reason, it was determined that impacts to other public facilities, such as libraries, would be less than significant.
2007 PROJECT EIR
The 2007 Project EIR concluded that the project would not have significant impacts on response times or fire protection due to the implementation of the project. Fire Station 66 was closest to the project site, located at 628 Maple Street, approximately 3 miles southeast of the project site. Fire Station 66 would likely have around a four to five-minute response time, due to its proximity to the project site. Design of the project would be required to comply with the RCFD safety standards to ensure that adequate fire protection improvements (e.g., hydrants, water flow, fuel modification zones, street design, and access) were appropriately provided. It was determined that compliance with the RCFD would result in a less than significant impact on fire protection services.
The 2007 Project EIR concluded that the project would not have a significant impact on police protection services due to implementation of the project. The closest BPD station is located at 660 Orange Avenue, approximately 3 miles southeast of the project site; however, implementation of the Beaumont 2040 Plan would result in the need for an additional three police officers. To offset the costs of increased demand on police services, project applicants would be required to existing funding mechanisms via property taxes to offset additional police protection services needed for the City, as a result of General Plan buildout. It was determined that through the payment of DIF and property taxes and compliance with BPD requirements reduced impacts to police protection services to less -than -significant.
It was determined that the project could indirectly add students to the BUSD since the project would generate employees; however, with the payment of DIF to the BUSD, impacts would be less than significant. Regarding other public facilities, such as libraries, it was determined that the project would have a less than significant impact on existing demand on libraries with the payment of DIF.
4.15.3 Project Specific Analysis
As previously established, the current project's proposed general commercial (retail and restaurant) uses would be consistent with the Beaumont 2040 Plan land use designation of General Commercial on the project site. The previous 2007 Project EIR proposed 441,709 square feet of commercial land uses on approximately 41.3 acres; however, the current project proposes 279,941 square feet of general commercial land uses on approximately 28.95 City of Beaumont
Oak Valley Village General Commercial Project Plot Plan 204-0059age1091 of 2369 63 CEQA Guidelines Section 15183 Compliance Ascent
acres, resulting in a reduction of development compared to what was previously analyzed. It is anticipated that the current project would generate approximately 200 employees, which is lower than the assumptions made based on the 2007 Project EIR. Therefore, the current project's employee generation would not exceed what was assumed for the project site by the 2007 Project EIR. The proposed project does not include any residential land uses which would directly result in an increase in demand for public services including parks, schools, and libraries.
With the payment of mandatory property taxes and DIF pursuant to the Beaumont 2040 Plan, which established policies to provide funding for fire protection, police protection, schools, and public libraries, impacts would be less than significant. Therefore, the project would not result in adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives. Therefore, there are no impacts that are peculiar to the project site; there are no direct or cumulatively -considerable impacts of the proposed project that were not already evaluated by the 2020 GPU EIR or 2007 Project EIR; and there are no new or more severe impacts to the environment beyond what was previously evaluated and disclosed by the 2020 GPU EIR or 2007 Project EIR. 64 City of Beaumont
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4.16 RECREATION
Would the project
New
Significant
Impact
NewAbilityto No Substantial
MoreSevere Substantially Changefrom
Impacts ReduceSignificant Previous
Impact Analysis
a. Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated?
b. Does the project include recreational facilities or
require the construction or expansion of
recreational facilities which might have an adverse
physical effect on the environment?
The 2020 GPU EIR and the 2007 project EIR evaluated the project site for impacts to Recreation.
4.16.1 Applicable 2020 GPU EIR and 2007 Project EIR Mitigation Measures
2020 GPU EIR Mitigation Measures: The 2020 GPU EIR did not include mitigation measures for Recreation. 2007 Project EIR Mitigation Measures: The 2007 project EIR did not include mitigation measures for Recreation.
4.16.2 Previous Significance Determinations
2020 GPU EIR
The 2020 GPU EIR determined that buildout of the Planning Area in accordance with the Beaumont 2040 Plan would increase demand on recreation facilities from development of new residential uses. However, the Beaumont 2040 Plan contains Policies 3.6.3, 3.11.1, 5.8.3, and 6.3.1, as well as Implementation Measure CF124, all of which required new development to maintain, improve, and/or pay DIF to reduce and offset the increased demand of parks from projects proposed consistent with the Beaumont 2040 Plan. It was determined that this impact would be less than significant.
The 2020 GPU EIR concluded that a total of 415 new acres of parkland would be needed to comply with the City's park standard of five acres per 1,000 persons; based on the number of open space and parks, implementation of the Beaumont 2040 Plan goals, policies, and the Revised Zoning Ordinance would not have a significant impact on maintaining acceptable standards for parks and recreational facilities. It was concluded that this impact was less than significant.
2007 PROJECT E I R
The 2007 Project EIR concluded that the project would not include residential, which might otherwise directly increase demand on parks and recreational facilities, but that the project might indirectly increase population through the generation of new jobs and employees, which could lead to an increased burden on neighborhood and regional parks and recreational facilities. At the time, the City's General Plan required that the ratio of five acres per 1,000 persons be maintained and paid through DIF for projects that propose residential. The project proposed commercial uses and therefore the project was not required to provide DIF for parklands. This impact was determined to be less than significant.
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4.16.3 Project Specific Analysis
As with the 2007 project, the current project does not propose residential uses. The current project involves the development of an approximately 28.95 -acre project site with general commercial land uses (retail and restaurant) and provides on -site parking. All new projects proposing residential under the Beaumont 2040 Plan are required to maintain the City's standard of 3 acres per 1,000 residents. However, since the current project would not directly generate residents, it is not required to pay DIF. The previous 2007 Project EIR proposed 441,709 square feet of commercial land uses on approximately41.3 acres; however, the current project proposes 279,941 square feet of general commercial land uses on approximately 28.95 acres, resulting in a reduction of development compared to what was previously analyzed. As a result, more land adjacent to the project site would remain undeveloped and available to the City and future developers for park space or open space compared to what was previously analyzed in the 2007 Project EIR. Therefore, implementation of the current project would have a less than significant impact on parks and recreational facilities. Therefore, there are no impacts that are peculiar to the project site; there are no direct or cumulatively -considerable impacts of the proposed project that were not already evaluated by the 2020 GPU EIR or 2007 Project EIR; and there are no new or more severe impacts to the environment beyond what was previously evaluated and disclosed by the 2020 GPU EIR or 2007 Project EIR. 66 City of Beaumont
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4.17 TRANSPORTATION
Would the project
New
Significant
Impact
NewAbilityto No Substantial
MoreSevere Substantially Changefrom
Impacts ReduceSignificant Previous
Impact Analysis
a. Conflict with a program, plan, ordinance or policy
addressing the circulation system, including
transit, roadway, bicycle, and pedestrian facilities?
b. Conflict or be inconsistent with CEQA Guidelines
section 15064.3, subdivision (b)?
c. Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
d. Result in inadequate emergency access?
The 2020 GPU EIR and the 2007 project EIR evaluated the project site for impacts to Transportation.
4.17.1 Applicable 2020 GPU EIR and 2007 Project EIR Mitigation Measures
2020 GPU EIR Mitigation Measures: The 2020 GPU EIR did not include mitigation measures for Transportation. 2007 Project EIR Mitigation Measures: The 2007 project EIR included the following mitigation measures for Transportation:
► MM -4.6-1: Complete half -section street improvements for Oak Valley Parkway where adjacent to the project site. ► MM -4.6-2: Participate in the funding of installing the traffic signals at all study area intersections (Oak Valley Parkway at the following streets: I-10 southbound ramps, I-10 northbound ramps, Golf Club Drive, and Elm Avenue). The proposed project's fair -share contribution is shown in Table 4.6-11. This contribution was based upon a comparison of the project's traffic to the total Project Buildout (Year 2009) With Project traffic. The fair - share analysis shown in Table 4.6-12 is based upon a comparison of the project's traffic to the total Year 2030 With Project traffic.
► MM -4.6-3: Participate in a pro -rata share of off -site roadway improvements (including those to the Oak Valley Parkway bridge) based upon the fair -share analysis or participate in any City of Beaumont adopted Roadway Fee Program. The proposed project's pro -rata share is shown in Tables 4.6-11 and 4.6-12. ► MM -4.6-4: Stop signs, stop bars, and stop legends shall be provided at all right-in/right-out project site access points. "Right Turn Only" signage shall also be installed at these locations. ► MM -4.6-5: In conjunction with the preparation of precise grading and landscape plans, sight distance shall be reviewed at all project access points per City of Beaumont standards.
City of Beaumont
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General Plan EIR Table 4.6-11 Project Fair -Share Intersection Contribution for Project Buildout (Year 2009) Conditions Existing Traffic
Project Buildout
(Year 2009)
With Project
Growth In
Traffic
Project Time
Project % of
Buildout (2009)
In
Traffic
Intersection
AM
PM
AM
PM
AM
PM
AM
PM
AM
PM
Desert Lawn Drive (NS) at
Oak Valley Parkway (EW)
441
361
1,906
2,398
1,465
2,037
38 130
2.6%
6.4%
1 10 Southbound Ramps (NS)
at Oak Valley Parkway (EW)
648
756
2,892
4,167
2,244
3,411
114
393
5.1%
11.5%
1 10 Northbound Ramps (NS)
at Oak Valley Parkway (EW)
1,038
1,002
3,661
5,232
2,623
4,230
196
652
7.5%
15.4 Golf Club Drive (NS) at Oak
Valley Parkway (EW)
953
887
3,405
5,032
2,452
4,145
362
1,193
14.8%
28.8%
Oak View Drive (NS) at Oak
Valley Parkway (EW)
1,208
964
3,334
4,454
2,054
3,490
329
1,102
16.0%
31.6%
Elm Avenue (NS) at Oak
Valley Parkway (EW)
963
847
2,539
3,351
1,576
2,504
156
521
9.9%
20.8%
Beaumont Avenue (NS) at
Oak Valley Parkway (EW)
1,871
2,169
3,592
4,315
1,721
2,146
117
390
6.8%
18.2%
General Plan EIR Table 4.6-12 Project Fair -Share Intersection Contribution for Year 2030 Conditions Existing Traffic
Project Buildout
(Year 2009)
With Project
Growth
In
Traffic
Project Time
Project % of
Buildout (2009)
Growth In
Traffic
Intersection
AM
PM
AM
PM
AM
PM
AM
PM
AM
PM
Desert Lawn Drive (NS) at
Oak Valley Parkway (EW)
441
361
3,140
3,964
2,669
3,603
38 130
1.4%
3.6%
110 Southbound Ramps (NS)
at Oak Valley Parkway (EW)
648
756
4,202
5,353
3,554
4,597
114
393
3.2%
8.5%
1 10 Northbound Ramps (NS)
at Oak Valley Parkway (EW)
1,038
1,002
4,830
5,861
3,792
4,859
196
652
5.2%
13.4%
Golf Club Drive (NS) at Oak
Valley Parkway (EW)
953
887
4,275
4,785
3,322
3,898
362
1,193
10.9%
30.6%
Oak View Drive (NS) at Oak
Valley Parkway (EW)
1,208
964
3,710
4,559
2,430
3,595
329
1,102
13.5%
30.7%
Elm Avenue (NS) at Oak
Valley Parkway (EW)
963
847
2,721
3,433
1,758
2,586
156
521
8.9%
20.1%
Beaumont Avenue (NS) at
Oak Valley Parkway (EW)
1,871
2,169
4,742
5,129
2,871
2,960
117
390
4.1%
13.2%
Level of Significance with Mitigation Measures
2020 GPU EIR: No feasible mitigation existed at a programmatic level regarding whether the project would conflict or be inconsistent with CEQA Guidelines 15064.3, subdivision (b). As a result, this impact was concluded as a Significant and Unavoidable Impact. All other impacts were deemed Less Than Significant Impact. 2007 Project EIR: Less Than Significant Impact.
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4.17.2 Previous Significance Determinations
2020 GPU EIR
The 2020 GPU EIR determined that buildout of the Planning Area in accordance with the Beaumont 2040 Plan would provide a comprehensive circulation system that would accommodate increased demand in public transit, bicycle, and pedestrian facilities; it was found that the Beaumont 2040 Plan did not conflict with any policies, plans, or programs regarding public transit, roadway, bicycle, golf cart, or pedestrian facilities or the performance or safety of those facilities. The Beaumont 2040 Plan included policies supporting complete streets (streets that are accessible to all users of all ages and abilities), and would have a less than significant impact. Regarding whether the Beaumont 2040 Plan would conflict with or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b), the 2020 GPU EIR concluded that significant and unavoidable impacts would occur because thresholds would be exceeded and no feasible mitigation measures can be implemented to reduce this impact. In terms of substantially increasing hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment), the 2020 GPU EIR concluded that the Beaumont 2040 Plan would have a less than significant impact with adherence to existing law and implementation of the proposed Policies 3.7.1, 3.8.3, 4.2.3, 4.3.1, 4.3.2, 4.3.4, 4.4.1, 4.4.3,
6.6.1, 6.6.2, and 6.6.3. The 2020 GPU EIR concluded that implementation of the Beaumont 2040 Plan would have a less than significant impact on emergency access.
2007 PROJECT EIR
The traffic analysis in the 2007 EIR was based upon intersection capacity utilization (ICU) / Level of Service (LOS) metrics that were required at the time. Since 2018. CEQA traffic impact analysis is based upon Vehicle Miles Traveled (VMT) which is the total number of generated trips multiplied by the average trip length. For this reason, it is difficult to compare the traffic impacts associated with the 2007 project and the currently proposed project. The 2007 Project EIR concluded that the project would have significant impacts related to LOS at studied intersections. 14,458 average daily trips (ADT) would occur at buildout of the 2007 project. No impacts were anticipated regarding air traffic, as the nearest airport, Banning Municipal Airport, is located approximately eight miles east of the project site. Regarding hazards and incompatible uses, implementation of the project design would have had a less than significant impact on existing street configuration and proposed commercial land uses were determined not to conflict with any applicable land use plan, policy, or regulation. The 2007 Project EIR concluded that the project would have a significant impact on emergency access, since all study intersections with the exception of Oak Valley Drive at Oak Valley Parkway and Elm Avenue at Oak Valley Parkway were expected to operate at unacceptable LOS E or F during the AM and PM peak hour conditions. The project proposed an adequate number of parking stalls for the proposed commercial retail land uses and was found to have no impact regarding providing on -site parking. The 2007 Project EIR concluded that implementation of the project would not conflict with adopted policies, plans, or programs supporting alternative transportation and transit opportunities and that impacts were less than significant.
4.17.3 Project Specific Analysis
The current project would be developed on existing vacant, undeveloped land and would not conflict with roadway classifications. The current project would implement accessible improvements consistent with the roadway prioritizations and in accordance with the City's municipal code. Primary vehicular access would be provided by Oak Valley Parkway to provide access to internal parking lots. The I-10 freeway offramp connecting to Oak Valley Parkway would also provide access to the project site. Pedestrian circulation would be provided internally within the project site from parking areas to storefronts, as well as externally along sidewalks on Oak Valley Parkway. An internal roadway is proposed between the northern half of the project site, which would be developed predominantly with parking spaces and several street -facing stores along Oak Valley Parkway, and the southern half of the project site, which would be developed predominantly with commercial retail and restaurant buildings and some parking areas.
This proposed roadway would effectively bisect the project site and allow for greater circulation of automobiles City of Beaumont
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throughout the project site. This design would conform to the City's Circulation Element and the City's municipal code requirements regarding vehicular circulation and pedestrian circulation.
The proposed project is consistent with the land use assumptions contain within the 2020 General Plan EIR traffic analysis, and as a result, is within the trip generation and VMT analysis in the 2020 General Plan EIR. A focused traffic impact assessment has been prepared for the proposed project and indicates that the proposed project would generate 10,436 ADT. The proposed project trip generation 4,022 trips less than the project evaluated in the 2007 EIR and as such, is covered by the 2007 EIR traffic analysis.
Construction of the current project would require the development of new internal roadway circulation to provide access to on -site parking. However, these improvements would not increase hazards as proposed roadway improvements would conform to the City's municipal code requirements regarding vehicular access and circulation pursuant to the City's Planning Department. Impacts related to sharp curves or dangerous intersections would not occur, nor would there be an increase in any hazards due to a design feature. The current project would be compatible with existing land uses in the surrounding area and would not substantially increase safety hazards due to incompatible uses. Construction -related traffic would be associated with the delivery of building materials, construction equipment, the removal of construction debris, and construction workers commuting to and from the project site. Construction staging and worker parking would occur onsite. Trucks would be used to haul soil, equipment, and building materials to and from the project site and would likely use Oak Valley Parkway as a truck route onto the I-10 freeway west of the project site. In conformance with City standards, construction work in the public right-of-way would be conducted in compliance with the Riverside County Flood Control and Water Conservation District Encroachment Permit, specifically for Noble Creek which travels along the southern border of the project site. Compliance with these City and District requirements would ensure that obstruction of city streets and Noble Creek during construction activities are minimized. As a result, construction activities would not substantially increase on -site hazards. Therefore, there are no impacts that are peculiar to the project site; there are no direct or cumulatively -considerable impacts of the proposed project that were not already evaluated by the 2020 GPU EIR and 2007 Project EIR; and there are no new or more severe impacts to transportation beyond what was previously evaluated and disclosed by the 2020 GPU EIR and 2007 Project EIR. 70 City of Beaumont
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4.18 TRIBAL CULTURAL RESOURCES
Would the project
New
Significant
Impact
New Ability to No Substantial
More Severe Substantially Change from
Impacts Reduce Significant Previous
Impact Analysis
a. Would the project cause a substantial adverse
change in the significance of a tribal cultural
resource, defined in Public Resources Code
section 21074 as either a site, feature, place,
cultural landscape that is geographically defined
in terms of the size and scope of the landscape,
sacred place, or object with cultural value to a
California Native American tribe, and that is:
1) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in
Public Resources Code section 5020.1(k), or
2) A resource determined by the lead agency, in
its discretion and supported by substantial
evidence, to be significant pursuant to criteria
set forth in subdivision (c) of Public Resources
Code Section 5024.1. In applying the criteria
set forth in subdivision (c) of Public Resource
Code Section 5024.1, the lead agency shall
consider the significance of the resource to a
California Native American tribe.
AB 52 (Chapter 532, Statutes of 2014) established a formal consultation process for California Native American tribes as part of CEQA and equates significant impacts on tribal cultural resources with significant environmental impacts (Public Resources Code Section 21084.2). AB 52 consultation requirements went into effect on July 1, 2015, for all projects that had not already published a Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration, or published a Notice of Preparation of an Environmental Impact Report prior to that date (Section 11 [c]). Specifically, AB 52 requires that "prior to the release of a negative declaration, mitigated negative declaration, or environmental impact report for a project, the lead agency shall begin consultation" (21808.3.1 [a]), and that "the lead agency may certify an environmental impact report or adopt a mitigated negative declaration for a project with a significant impact on an identified tribal cultural resource only if" consultation is formally concluded (21082.3[d]).
However, in the case of the current project, the lead agency has prepared this CEQA Guidelines §15183 Compliance Memorandum to the previously certified 2020 GPU EIR and 2007 Project EIR, in accordance with Section 15183(a) of the CEQA Guidelines. This analysis was determined to be the most appropriate document because the current project addresses minor technical changes or additions and does not result in any impacts beyond what was evaluated and disclosed as part of the 2020 GPU EIR or 2007 Project EIR. For these reasons, the analysis will not result in an additional certification; therefore, no tribal consultation under AB 52 is required at this time.
The 2020 GPU EIR and the 2007 project EIR evaluated the project site for impacts to Tribal Cultural Resources.
City of Beaumont
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4.18.1 Applicable 2020 GPU EIR and 2007 Project EIR Mitigation Measures
2020 GPU EIR Mitigation Measures: The 2020 GPU EIR did not include mitigation measures for Tribal Cultural Resources.
2007 Project EIR Mitigation Measures: The 2007 project EIR included the following mitigation measures specific to Tribal Cultural Resources (also covered in Section 4.5, "Cultural Resources," of this document):
► MM -4.3-1: Construction clearing trenching and all grading activities shall require monitoring by a qualified archaeologist. Should buried cultural resources be encountered during construction activities, work in that area shall halt until a qualified archaeologist can evaluate the resource and/or preservation easements can be established.
► MM -4.3-2: If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of discovery. The MLD shall complete the inspection within 24 hours of notification by the NAHC. The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. Adherence to Section 7050.5 is required as a matter of course.
4.18.2 Previous Significance Determinations
2020 GPU EIR
The 2020 GPU EIR determined that buildout of the Planning Area in accordance with the Beaumont 2040 Plan would have a less than significant impact on tribal cultural resources, with compliance with the Beaumont 2040 Plan Policy
8.11.1, which requires avoidance of sites with significant tribal cultural resources when feasible, Policy 8.11.2, which requires compliance with provisions of AB 52 and SB 18, and Policy 8.11.4, which requires compliance with the provisions of the California Native American Graves Protection and Repatriation Act and other appropriate laws. 2007 PROJECT EIR
Following the Notice of Preparation that an Environmental Impact Report was being prepared for the 2007 project, a response comment letter from NAHC stated that a records search was conducted and the NAHC did not identify the presence of Native American cultural resources in the immediate project vicinity; the response letter recommended actions required to comply with CEQA and to avoid unanticipated discoveries once the project was underway, including tribal consultation. The Cultural Resources Report for the project site did not identify any cultural resources, but it was determined that inadvertent discovery was still possible, and the impact was significant. To avoid a significant impact, the above Mitigation Measures MM -4.3-1 and MM -4.3-2) were incorporated into the project. With the implementation of these mitigation measures, this impact was determined to be less than significant with mitigation incorporated.
4.18.3 Project Specific Analysis
The project site is located within the geographic area of the 2007 project site; however, the 2007 project proposed to develop 41.3 acres for commercial uses, and the current project proposes to develop approximately 28.95 acres for commercial uses. As a result, there has been a reduction in size to the project site. Therefore, although it is not 72 City of Beaumont
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anticipated that the current project would cause a substantial adverse change in the significance of a tribal cultural resource, the current project does involve earthwork activities during construction, and therefore there is a potential for the inadvertent discovery of tribal cultural resources. Mitigation Measures MM -4.3-1 and MM -4.3-2 of the 2007 Project EIR would be applied to the current project, which would require that a qualified archaeologist monitor construction activities during any earthwork phases and that proper procedures would be followed if human remains are identified during construction, respectively. The project would have a less than significant impact on tribal cultural resources with the incorporation of these mitigation measures. Therefore, there are no impacts that are peculiar to the project site; there are no direct or cumulatively -considerable impacts of the proposed project that were not already evaluated by the 2020 GPU EIR or 2007 Project EIR; and there are no new or more severe impacts to the environment beyond what was previously evaluated and disclosed by the 2020 GPU EIR or 2007 Project EIR.
City of Beaumont
Oak Valley Village General Commercial Project Plot Plan 204-0059 of 2369
CEQA Guidelines Section 15183 Compliance Ascent
4.19 UTILITIES AND SERVICE SYSTEMS
Would the project
New
Significant
Impact
NewAbilityto No Substantial
More Severe Substantially Change from
Impacts Reduce Significant Previous
Impact Analysis
a. Require or result in the relocation or construction
of new or expanded water, wastewater treatment
or stormwater drainage, electric power, natural
gas, or telecommunications facilities, the
construction or relocation of which could cause
significant environmental effects?
b. Have sufficient water supplies available to serve
the project and reasonably foreseeable future
development during normal, dry, and multiple dry
years?
c. Result in a determination by the wastewater
treatment provider which serves or may serve the
project that it has adequate capacity to serve the
project's projected demand in addition to the
provider's existing commitments?
d Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment
of solid waste reduction goals?
e. Comply with federal, State, and local
management and reduction statutes and
regulations related to solid waste?
The 2020 GPU EIR and the 2007 project EIR evaluated the project site for impacts to Utilities and Service Systems.
4.19.1 Applicable 2020 GPU EIR and 2007 Project EIR Mitigation Measures
2020 GPU EIR Mitigation Measures: The 2020 GPU EIR did not include mitigation measures for Utilities and Service Systems.
2007 Project EIR Mitigation Measures: The 2007 project EIR did not include mitigation measures for Utilities and Service Systems.
4.19.2 Previous Significance Determinations
2020 GPU EIR
BCVWD supplies the City with water, and potable water supplied to the City comes predominantly from groundwater.
Based on the 2015 UWMP, it was concluded in the 2020 GPU EIR that the BCVWD would require additional water supply projects to meet future demand; however, since no physical development was proposed as part of the 2020 GPU EIR, the environmental effects from constructing or expanding facilities were unknown at that time. The Beaumont 2040 Plan Goal 7.2 identified the City's need to prioritize coordination with the BCVWD and develop 74 City of Beaumont
Ascent CEQA Guidelines Section 15183 Compliance
groundwater recharge sites and other projects to increase groundwater supply. In addition, Goal 7.3 described how recycled water would be expanded to offset potable water used for irrigation, and policies under Goal 3.2 would ensure that there would be adequate water and wastewater system capacity to meet projected demand. Through the implementation of existing regulations listed in Section 5.18.2 and the Beaumont 2040 Plan policies listed in Section
5.18.3, both located in the 2020 GPU EIR, the environmental impacts to water supplies during normal, single-, and multiple -dry years would be less than significant.
In terms of wastewater, as the project didn't include specific physical development, the environmental effects of future wastewater systems were unknown at that time. The Beaumont 2040 Plan policies under Goal 3.2 would ensure that adequate water and wastewater system capacity are met for projected demand, and the City would continue to implement water and wastewater management programs to ensure that future developments pay their fair share for any infrastructure improvements needed. Goal 7.5 of the Beaumont 2040 Plan ensured that the City would monitor influent rates of wastewater treatment plants as new development would be proposed and coordinate treatment capacity expansion as needed. Through the implementation of existing regulations listed in Section 5.18.2 and the Beaumont 2040 Plan policies listed in Section 5.18.3, both located in the 2020 GPU EIR, impacts regarding wastewater treatment provider services and adequate capacity to serve the project's demand was determined to be less than significant.
Regarding stormwater drainage, the environmental effects of future wastewater systems were unknown since the project didn't include specific physical development. The Beaumont 2040 Plan policies under Goal 3.2 described how the City would continue to oversee the development of adequate and dependable public facilities, such as stormwater drainage, to support existing and future development Goal 3.11 also included preservation of watercourses and washes necessary for regional flood control, groundwater recharge, and drainage for open space and recreational purposes. Goal 7.4 required that new development and redevelopment reuse stormwater on -site to the maximum extent practical and provide adequate stormwater infrastructure for flood control.
Regarding electrical, natural gas, and telecommunication services, the Planning Area is located within the service areas of SCE, SoCalGas, and various telecommunication providers. The effects of future development on these utility providers would be evaluated on a project -specific, case -by -case basis with each development proposal. These future development projects would be required to comply with the Beaumont 2040 Plan policies under Goal 7.8, which aim to provide City-wide access to high -quality energy utility and telecommunication services by ensuring that there is adequate infrastructure in place to support such future development; policies would further place new utilities underground to reduce risk.
Regarding solid waste, the City is serviced by the Lamb Canyon Landfill, which was 50 percent full in 2015. Future development approved under the Beaumont 2040 Plan would be required to comply with AB 341, which states certain commercial and multi -family recycling requirements. In addition, the AB 939 requires that each city and county implement a source reduction and recycling element into their General Plans to demonstrate how each jurisdiction will meet AB 939 recycling requirements. These and other solid waste goals in the Beaumont 2040 Plan, including Goal 7.7, Policies 7.7.1 through 7.7.5, and Implementation Actions CF125 through CFI30 to reduce the demand for solid waste disposal. Because there was adequate capacity at existing landfills to serve future development, and future development would be required to meet County and state recycling requirements to further reduce demands on area landfills, this impact was determined to be less than significant. 2007 PROJECT E I R
The 2007 Project EIR concluded that there would be a less than significant impact on the BCVWD water supply, per the annexation letter from BCVWD which stated that they could provide adequate water service to meet projected water demands for the project. A wastewater letter was also received from the Beaumont Wastewater Treatment Plan No. 1, which stated that the treatment plant had adequate capacity to meet the projected wastewater produced by the project. No new or expanded water and wastewater services would be necessary to serve the project. The project applicant would be required to pay for connection fees to the BCVWD and Beaumont Wastewater Treatment Plant No. 1. For these reasons, the 2007 Project EIR determined that impacts to existing water and wastewater systems were less than significant.
City of Beaumont
Oak Valley Village General Commercial Project Plot Plan 2O4-0059age1103 of 2369 75 CEQA Guidelines Section 15183 Compliance Ascent
Solid waste generated from the project would have gone to the Lamb Canyon Landfill, which had a permitted capacity of 34 million cubic yards and a proposed closing date of 2023. The project was also subject to the City's existing recycling program requiring the reduction in solid waste through the recycling of certain items during construction and operation, in conformance with AB 939. Waste Management of Inland Empire (WMIE), which is the waste collection and disposal contractor that services the City, would provide the project with dumpster recycling containers for a fee, and the project applicant would be required to recycle construction and demolition materials produced during construction of the project. With the payment of connection fees to the BCVWD system for water service and the Beaumont Wastewater Treatment Plant No. 1 for wastewater service, as well as compliance with the City recycling program, impacts to utilities and service systems were determined to be less than significant. Impacts to electricity, natural gas, and telecommunications systems were not analyzed. This is because in 2007 the Appendix G Checklist in the State CEQA Guidelines used to determine potential impacts from proposed projects did not include impact questions analyzing utilities such as electricity, natural gas, and telecommunications systems. Therefore, an impact determination was not made.
4.19.3 Project Specific Analysis
Utility services necessary to serve the project (both the retail and restaurant components) are currently available adjacent to the project site along rights -of -way such as Oak Valley Parkway. The proposed project is consistent with the general plan, and utility demand generated from the project was analyzed and anticipated in the 2020 General Plan EIR. On -site utility infrastructure necessary to serve the project would include water, wastewater, stormwater drainage, electricity, natural gas, and telecommunications systems. These connections would be installed within the proposed development. Lamb Canyon Landfill has a remaining capacity of 14.5 million tons and an anticipated close date of 2032. The current project would be a reduction in size compared to what was analyzed in the 2007 Project EIR. Therefore, it is anticipated that the BCVWD and Beaumont Wastewater Treatment Plant No. 1 would be able to accommodate the current project's proposed water and wastewater demand, respectively. It is also anticipated that SCE, SoCalGas, and telecommunications systems that service the City would have adequate capacity for the current project. The installation of water, sewer, drainage, electricity, natural gas, and telecommunications facilities would result in physical impacts to the surface and subsurface of infrastructure alignments. These impacts are considered to be part of the current project's construction phase and are evaluated throughout this CEQA Guidelines §15183 Compliance Memorandum accordingly. As demonstrated in the Memorandum, impacts associated with the current project's infrastructure improvements would be less than significant. There are no impacts to the environment associated with the current project's infrastructure improvements that have not already been addressed by the 2020 GPU EIR or the 2007 Project EIR. Therefore, there are no impacts that are peculiar to the project site; there are no direct or cumulatively -considerable impacts of the proposed project that were not already evaluated by the 2020 GPU EIR or 2007 Project EIR; and there are no new or more severe impacts to the environment beyond what was previously evaluated and disclosed by the 2020 GPU EIR or 2007 Project EIR. 76 City of Beaumont
Ascent CEQA Guidelines Section 15183 Compliance
4.20 WILDFIRE
If located in or near State responsibility areas or lands classified as very high fire hazard severity zones, would the project
New
Significant
Impact
NewAbilityto No Substantial
More Severe Substantially Change from
Impacts Reduce Significant Previous
Impact Analysis
a. Substantially impair an adopted emergency
response plan or emergency evacuation plan?
b. Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose
project occupants to, pollutant concentrations
from a wildfire or the uncontrolled spread of a
wildfire?
c. Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines or
other utilities) that may exacerbate fire risk or that
may result in temporary or ongoing impacts to
the environment?
d. Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post -fire slope
instability, or drainage changes?
The 2020 GPU EIR and the 2007 project EIR evaluated the project site for impacts to Wildfire.
4.20.1 Applicable 2020 GPU EIR and 2007 Project EIR Mitigation Measures
Wildfire did not become a required stand-alone topic until 2018 and as a result was not included in the 2007 project EIR. 2020 GPU EIR Mitigation Measures: The 2020 GPU EIR did not include mitigation measures for Wildfire. 2007 Project EIR Mitigation Measures: The 2007 project EIR did not include mitigation measures for Wildfire.
4.20.2 Previous Significance Determinations
2020 GPU EIR
As shown in General Plan EIR Figure 5.20-1, the City limits are located within a Locally Responsible Area of the CAL FIRE's fire hazard map. A few pockets of the City (including the western portion of the project site) are located within a very high fire hazard zone, and a majority of the sphere of influence of the City is located within a very high fire hazard severity zone. The balance of the site is included in the high fire hazard zone. The City is required to comply with the County's Local Hazard Mitigation Plan, which manages emergency responses to a wide variety of natural and man-made hazards and contains additional policies related to wildfire management and prevention in the City's Safety Element. The Circulation Element ensures appropriate access and circulation throughout the City, including rapid response for emergency vehicles and evacuation. Goals 9.3, through 9.6 provide for updates for emergency services, support, and responses. The implementation of the Beaumont 2040 Plan would incorporate Goal 9.6 and Policies 3.1.13, 3.11.5 through 3.11.7, and 9.3.3 to reduce potential impacts of individual projects on existing wildfires due to slope, prevailing winds, and other factors that exacerbate risk.
City of Beaumont
Oak Valley Village General Commercial Project Plot Plan 2�4-Q0591105 of 2369 77 CEQA Guidelines Section 15183 Compliance Ascent
Beaumont 2040 Plan Goal 9.5 and supporting Policies along with General Plan Policies 3.1.9, 7.1.8, 7.1.9, 7.2.2, 7.4.3,
9.4.4 all further the planning for infrastructure in terms of protection against wildfires. Implementation Plans S12, S13, S14 and S16 also address the need to plan for and consider wildfire risk related to important infrastructure plans.
Beamont 2040 Plan Goal 8.5 and its supporting Policies, and General Plan Policies 3.1.6, 3.1.9, 3.1.12, 3.12.2, 3.12.3,
7.4.1, 7.4.3, all help to address and maintain open areas, preserve or discourage development in hillside areas, or drainages that can lead to flooding or downstream risk after fire events. For these reasons, it was determined that with regulatory compliance, the 2020 GPU EIR determined that buildout of the Planning Area in accordance with the Beaumont 2040 Plan would have a less than significant impact. 2007 PROJECT EIR
The 2007 Project EIR concluded that development of commercial uses on the project site would not expose people or structures to significant risks involving wildland fires. The most recent maps published by the County and CAL FIRE in 2000, the project site did not fall into an area prone to wildland fires and was not located in a fire hazard severity zone. Impacts regarding wildland fires were determined to be less than significant.
4.20.3 Project Specific Analysis
According to the most updated CAL FIRE wildfire maps, (March 24, 2025) the project site is not located in a State Responsibility Area (SRA) and is located within a Local Responsibility Area (LRA). for wildland fire hazards. 95% of the project site is located within a high fire hazard severity area and 5% (western portion) is located within a very high wildfire hazard severity area. As a result, the proposed project must comply with design and construction material requirements for those severity zones. Onsite topography is generally flat sloping towards Noble Creek and onsite vegetation is primarily non-native grassland.
Consistent with the 2020 GPU EIR and 2007 Project EIR, development of the current project would result in construction activities that could temporarily affect existing roadways, such as Oak Valley Parkway and the I-10 freeway. This could affect emergency response times or evacuation routes, as Oak Valley Parkway is identified as an evacuation route in Figure 5.8-3 of the 2020 GPU EIR. However, construction activities associated with the current project would be implemented in accordance with the Beaumont 2040 Plan Policy 9.4.5, which requires that new development provide access roads that allow both safe and efficient access of emergency equipment and community evacuation; and Implementation Measure S13, which requires new development provide emergency access (i.e., two viable points of ingress and egress) for emergency vehicles and evacuation in the event of a fire. Additionally, the proposed project would increase the number of people who may need to evacuate the project area in the event of an emergency. However, all roadway improvements proposed by the project would be constructed based on industry and City design standards, rules, and regulations. The project would also comply with the Fire Department requirements pertaining to access/egress to ensure adequate emergency access. The project would also be subject to the policies of the Beaumont 2040 Plan that govern adequate emergency vehicle response and evacuations.
Therefore, there are no impacts that are peculiar to the project site; there are no direct or cumulatively -considerable impacts of the proposed project that were not already evaluated by the 2020 GPU EIR and 2007 Project EIR; and there are no new or more severe impacts to the environment beyond what was previously evaluated and disclosed by the 2020 GPU EIR and 2007 Project EIR.
78 City of Beaumont
5 REFERENCES
CAL Fire. See California Department of Forestry and Fire Protection.
California Department of Conservation. 2025a. California Important Farmland Finder. Available:
https://maps.conservation.ca.gov/dlrp/ciff/app/ . Accessed January 17, 2025. . 2025b. California Williamson Act Enrollment Finder. Available:
https://maps.conservation.ca.gov/dlrp/WilliamsonAct/ Accessed January 17, 2025.
California Department of Forestry and Fire Protection. 2024 (April). Fire Hazard Severity Zones in State Responsibility Areas. Available: https://calfire-
forestry.maps.arcgis.com/apps/webappviewer/index.html?id=988d431a42b242b29d89597ab693d008.
Accessed January 22, 2025.
California Department of Toxic Substances Control. 2025. EnviroStor Database. Available:
https://www.envirostor.dtsc.ca.gov/public/search?basic=True . Accessed January 22, 2025.
DOC. See California Department of Conservation.
DTSC. See California Department of Toxic Substances Control.
SCAQMD. See South Coast Air Quality Management District.
South Coast Air Quality Management District. 2005. Rule 403 Fugitive Dust. Available:
http://www.agmd.gov/docs/default-source/rule-book/rule-iv/rule-403.pdf . Accessed February 3, 2025.
State Water Resources Control Board. 2025. GeoTracker Database. Available: https://geotracker.waterboards.ca.gov/ .
Accessed January 22, 2025.
SWRCB. See State Water Resources Control Board.
United States Department of Agriculture. 2025. Web Soil Survey. Available: https://websoilsurvey.nrcs.usda.gov/app/ Accessed February 3, 2025.
USDA. See United States Department of Agriculture.
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Oak Valley Village General Commercial Project Plot Plan 20 059age-1107 of 2369 7q
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80 City of Beaumont
Appendix A
July 28, 2024 MSHCP JPR Amendment
4 :,..,,i
Project Information
Permittee:
Case Information:
Site Acreage:
Portion of Site Proposed for
MSHCP Conservation Area:
RCA Joint Project Review (JPR)
JPR #: 07 03 12 02
Date: 12/10/07; clerical amendment 07/28/24
City of Beaumont
Oak Valley Village
66.1 acres (43.0 acres proposed for development)
23.1 acres (approximately 6.0 acres inside Criteria Area and
17.1 acres outside Criteria Area)
Criteria Consistency Review
Consistency Conclusion:
Data:
Applicable Core/Linkage:
Area Plan: The Pass
The project is consistent with both the Criteria and other Plan requirements. This amendment is clerical to reflect true acreages of proposed development and conservation. The original JPR did not include proposed conservation acreage outside of that suitable for Los Angeles Pocket Mouse. At the time of the original JPR Findings, coarse -level mapping and acreage were used. This amendment provides accurate acreage and placed what was deemed "Not A Part" or "Proposed Development" in the original mapping (Attachment 1: Exhibit C and Regional Map) into Proposed MSHCP Conservation, as originally planned. Red text denotes changes from original JPR, dated December 10, 2007 (Attachment 1).
Proposed Constrained Linkage 22
APN
Sub -Unit
CeII Group
CeII
414-070-008
414-080-001
414-080-002
414-080-003
414-080-004
414-080-005
414-080-006
414-090-019
SU2 — Badlands/San Bernardino
National Forest
Independent
940
Comments:
a. Only approximately 12.5 acres of the 66 -acre site are located in Ce11 940. Conservation in Cell 940 will contribute to Proposed Constrained Linkage 22. Proposed Constrained Linkage 22 is comprised of the 1 of 5
RCA Joint Project Review (JPR)
JPR #: 07 03 12 02
Date: 12/10/07; clerical amendment 07/28/24
portion of San Timoteo Creek extending west from I-10 to De Anza Cycle Park. This Linkage provides Habitat for certain species and a connection to Proposed Core Area 3 in the Badlands. This Linkage is constrained by I-10 to the east, San Timoteo Canyon Road and railroad tracks to the north, SR 60 to the south, and existing agricultural land uses within the City of Beaumont. b. The dimensional data provided for Proposed Constrained Linkage 22 indicate a width ranging from 1,200 to 1,500 feet.
c. Approximately 18.4 acres of the 66 -acre site are located in Cell 940. Conservation within this Cell will contribute to assembly of Proposed Constrained Linkage 22. Conservation within this Cell will focus on grassland, chaparral, and Riversidean alluvial fan sage scrub. Areas conserved within this Cell will be connected to grassland, chaparral, and Riversidean alluvial fan sage scrub Habitat proposed for conservation to the west in Cell #935. Conservation within this Cell will range from 30% to 40%, focusing on the southern portion of the Cell.
d. The project consists of the Oak Valley Village Commercial Development, which proposes to construct approximately 43.0 acres of a regional shopping center. The regional location of the project is illustrated in Exhibit A, MSHCP schematic cores and linkage are illustrated in Exhibit B, 1994 MSHCP baseline vegetation mapping is presented in Exhibit C, soil mapping is illustrated in Exhibit D, and Exhibit E provides the revised project details addressed in this clerical amendment. The Applicant has provided for approximately 6.0 acres of Conservation within the MSHCP Conservation Area; in addition, approximately 17.1 acres within Noble Creek associated with Los Angeles pocket mouse occupied habitat has been set aside outside of the Criteria Area. The Permittee will dedicate in fee title or as a conservation easement the 6.0 acres in Cell 940 and the 17.1 acres within Noble Creek but directly adjacent to Cell 940 to the Regional Conservation Authority, prior to receiving a grading permit. The project would not conflict with Reserve Assembly in this area.
Other Plan Requirements
Data:
Section 6.1.2 — Was Riparian/Riverine/Vernal Pool Mapping or Information Provided? Yes. Riparian/riverine features were found on site (Noble Creek and Tributary A), but both areas are to be avoided by the proposed project. No areas supporting vernal pools or fairy shrimp were identified on site.
Section 6.1.3 — Was Narrow Endemic Plant Species Survey Information Provided? 2 of 5
RCA Joint Project Review (JPR)
JPR #: 07 03 12 02
Date: 12/10/07; clerical amendment 07/28/24
Yes. The project site is located within a Narrow Endemic Plant Species Survey Area (NEPSSA) for Marvin's (Yucaipa) onion and many -stemmed dudleya; however, neither clay soils nor either of these two species were found on site during focused surveys.
Section 6.3.2 — Was Additional Species Survey Information Provided? Yes. The project site is located within the burrowing owl and Los Angeles pocket mouse survey area.
Section 6.1.4 — Was Information Pertaining to Urban/Wildland Interface Guidelines Provided? Yes. The project site is located near Conservation Areas.
Comments:
a. Section 6.1.2: Glenn Lukos Associates prepared an MSHCP Assessment of Riparian/Riverine Areas report dated November 9, 2007. The project site is described by GLA as having two features which meet the definition of riverine/riparian: Noble Creek and the lower portion of Tributary A. Two other features, described as Area A and Area B, do not meet the definition of riverine/riparian. No impacts to Noble Creek are proposed by the project. GLA explains, "The lower portion of Tributary A consists of a well-defined channel (1 to 6 feet wide) that exhibits a mostly unvegetated sandy bottom. Portions of the drainage does support several stands of southern willow scrub dominated by arroyo willow...and mule fat... scrub. Approximately 0.13 acre of streambed and associated riparian habitat is associated with the lower portion of Tributary A. Tributary A will not be disturbed if the Project is developed." Exhibit 3 of the November 2007 GLA report shows the locations of Noble Creek and the area defined as Tributary A. Area A is an area that GLA describes as "poorly defined...that does not support any riparian vegetation. This area consists of a topographic swale and does not contain a well-defined bed, bank, and channel, and does not exhibit any prominent physical indicators of flow." Area A is reported by GLA to be indistinguishable from the surrounding upland areas of the site and it conveys sheet flow, as do the surrounding upland areas. Area B is also described by GLA as being a topographic swale that is poorly defined and does not have a bed, bank, or channel. Because Area B is reported to convey sheet flow like the surrounding uplands and is indistinguishable from the surrounding area, GLA determined it was not a riverine resource. Habitat assessments for least Bell's vireo, southwestern flycatcher, and western yellow -billed cuckoo determined there were none of these species in the mapped willow/mulefat areas.
No areas supporting vernal pools or fairy shrimp Habitat were identified on the sandy loam soils mapped on site. Based on the materials submitted, the project demonstrates compliance with Section 6.1.2 of the MSHCP.
b. Section 6.L3: The project site is located in a NEPSSA survey area for Marvin's (Yucaipa) onion and many -stemmed dudleya. No mapped clay soils were identified on site and neither of these plant species 3 of 5
RCA Joint Project Review (JPR)
JPR #: 07 03 12 02
Date: 12/10/07; clerical amendment 07/28/24
were identified on site during focused surveys. Based on the materials submitted, the project demonstrates compliance with Section 6A.3 of the MSHCP. c. Section 6.3.2: The site is located in a burrowing owl and Los Angeles pocket mouse (LAPM) survey area. Thomas Leslie Corporation determined that the site supported suitable habitat for the burrowing owl, and, therefore, conducted breeding season surveys in May 2006. No burrowing owls, sign, or burrows were identified during these focused surveys. Trapping surveys for LAPM were conducted in July and November 2005. Live specimens were trapped during those surveys. Approximately 18 acres of occupied habitat were identified. Based on this, the project was redesigned to avoid 90% (impacting approximately 2 acres) of the occupied habitat with long-term conservation value. The remaining approximately 16 acres of LAPM habitat is being Conserved. The project demonstrates compliance with Section 6.3.2 of the MSHCP.
d. Section 6.1.4: To preserve the integrity of areas dedicated as MSHCP Conservation Areas that are proposed to occur adjacent to development, the guidelines contained in Section 6.1.4 related to controlling adverse effects for development adjacent to the MSHCP Conservation Area should be considered by the Permittee in their actions relative to the project. Specifically, the Permittee should include as project conditions of approval the following measures:
Incorporate measures to control the quantity and quality of runoff from the site entering the MSHCP Conservation Area. In particular, measures shall be put in place to avoid discharge of untreated surface runoff from developed and paved areas into the MSHCP Conservation Area. The greatest risk is to riparian Habitats north of the project site. ii. Land uses proposed in proximity to the MSHCP Conservation Area that use chemicals or generate bioproducts, such as manure, that are potentially toxic or may adversely affect wildlife species, habitat, or water quality shall incorporate measures to ensure that application of such chemicals does not result in discharge to the MSHCP Conservation Area. The greatest risk is from landscaping fertilization overspray and runoff.
iii. Night lighting shall be directed away from the MSHCP Conservation Area to protect species within the MSHCP Conservation Area from direct night lighting. Shielding shall be incorporated in project designs to ensure ambient lighting in the MSHCP Conservation Area is not increased. In this instance, focused Habitat occurs in close proximity to the west, south, and southeast; shielding should focus on these areas.
iv. Proposed noise -generating land uses affecting the MSHCP Conservation Area shall incorporate setbacks, berms, or walls to minimize the effects of noise on MSHCP Conservation Area resources pursuant to applicable rules, regulations, and guidelines related to land use noise standards. v. Consider the invasive, non-native plant species listed in Table 6-2 of the MSHCP in approving landscape plans to avoid the use of invasive species for the portions of the project that are adjacent to the MSHCP Conservation Area. Considerations in reviewing the applicability of this list shall include proximity of planting areas to the MSHCP Conservation Areas, species considered in the 4 of 5
RCA Joint Project Review (JPR)
JPR #: 07 03 12 02
Date: 12/10/07; clerical amendment 07/28/24
planting plans, resources being protected within the MSHCP Conservation Area and their relative sensitivity to invasion, and barriers to plant and seed dispersal, such as walls, topography, and other features.
vi. Proposed land uses adjacent to the MSHCP Conservation Area shall incorporate barriers, where appropriate, in individual project designs to minimize unauthorized public access, domestic animal predation, illegal trespass, or dumping into the MSHCP Conservation Areas. Such barriers may include native landscaping, rocks/boulders, fencing, walls, signage, and/or other appropriate mechanisms.
vii. Manufactured slopes associated with the proposed site development shall not extend into the MSHCP Conservation Area.
SNS/TC
5 of 5
JPR Proposed Project Boundary ® MSHCP Conserved ARL (Land) Proposed Development MSHCP Conserved Public/Quasi-Public Land [ 1 Proposed Public Project MSHCP Covered Road
® Proposed MSHCP Conservation I: Rough Step Unit
Avoidance Area Q Cell Group
n Criteria Cell
L..' City Boundary
Highway
Centerline
Western
Riverside's
Countq[ ......
City of
Banning
Eastern
Riverside
County
O
I
SOURCE: Western Riverside County Regional Conservation Authority 2024; County of Riverside 2024; Esri Basemap 2024. Map created on 7/16/2024. wry
RC14010092
Permittee: City of Beaumont
Oak Valley Village
0 1,000
2,000
Feet
EXHIBIT A
JPR Log No. 07-03-12-02- Regional
Proposed Linkages
Constrained Linkage
Linkage
Existing Channel
Existing Cores & Linkages
Constrained Linkage
Core
Linkage
Noncontiguous Habitat Block
Proposed Cores & Habitat Blocks
Core
Proposed Extension of Existing Cores
Noncontiguous Habitat Block
SOURCE: Western Riverside County Regional Conservation Authority (WRC-RCA). Map created on 7/16/2024 ilke".11
RC14010092
Permittee: City of Beaumont
Oak Valley Village
e
0 2 4
Miles
EXHIBIT B
JPR Log No. 07-03-12-02 - Vicinity Map with MSHCP Schematic Cores and Linkages G:IRCA IJOINT_PROJECT_REVIEWIJPR_FILES_20071JPR070313021JPR07031302_CLERICAL_EXHIBITS.aprx
QJPR Proposed Project Boundary
Vegetation Types
Agricultural Land
Chaparral
Developed or Disturbed Land
Grassland
Riversidean Alluvial Fan Sage Scrub
Q Criteria Cell
Highway
Centerline
*Vegetation type that occur within the JPR Proposed Project Boundary SOURCE: WRC-RCA MSHCP Baseline Vegetation (1994). Map created on 7/16/2024.
RC14010092
Permittee: City of Beaumont
Oak Valley Village
e
0 500
1,000
Feet
EXHIBIT C
JPR Log No. 07-03-12-02- MSHCP 1994 Baseline Vegetation JI
CO
N
1 JPR Proposed Project Boundary
Soil Types
Gorgonio loamy sand, 0 to 8 percent slopes*
▪ Gorgonio loamy sand, channeled, 2 to 15 percent slopes* Greenfield sandy loam, 2 to 8 percent slopes, eroded
▪ Greenfield sandy loam, 8 to 15 percent slopes, eroded ▪ Hanford coarse sandy loam, 2 to 8 percent slopes*
*Soil type that occur within the JPR Proposed Project Boundary ▪ Hanford coarse sandy loam, deep, 2 to 8 percent slopes, eroded* ▪ Hanford loamy fine sand, 0 to 8 percent slopes
Placentia fine sandy loam, 0 to 5 percent slopes
▪ Placentia fine sandy loam, 5 to 15 percent slopes
l= Ramona sandy loam, 15 to 25 percent slopes, severely eroded* Ramona sandy loam, 2 to 5 percent slopes, eroded*
▪ Ramona sandy loam, 5 to 8 percent slopes, eroded
▪ Ramona sandy loam, 8 to 15 percent slopes, eroded
▪ Riverwash*
® Terrace escarpments*
Tujunga loamy sand, channeled, 0 to 8 percent slopes
ID Criteria Cell
ti Highway
'/ Centerline
SOURCE: Western Riverside County Regional Conservation Authority 2024; County of Riverside 2024; USDA/NRCS Soils 2022 RC14010092
Permittee: City of Beaumont
Oak Valley Village
® 0
500
1,000
Feet
CALUMET AVE
OAK VALLEY PKWY
FLORENCE ST
EXHIBIT D
JPR Log No. 07-03-12-02- Soil
LANA WAY
IJOINT PROJECT
cr
a JPR Proposed Project Boundary MSHCP Conserved Public/Quasi-Public Land J Area Not Within Criteria Cell MSHCP Covered Road
Development Impact Criteria Cell
On -Site Permanent Parcel Boundary
MO Proposed MSHCP Conservation iN,/ Centerline
SOURCE: Western Riverside County Regional Conservation Authority 2024; County of Riverside 2024; Esri Basemap 2024. Map created on 7/16/2024.
RC140 10092
Permittee: City of Beaumont
Oak Valley Village
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EXHIBIT E
JPR Log No. 07-03-12-02- Project Detail
ATTACHMENT 1: ORIGINAL JPR
RCA Joint Project Review (JPR)
JPR #: 07 03 12 02
Date: 12/10/07
Project Information
Permittee: City of Beaumont
Case Information: Oak Valley Village
Site Acreage: 40 acres
Portion of Site Proposed for 3 acres (approximately 16 acres also proposed outside Criteria MSHCP Conservation Area: Area)
Criteria Consistency Review
Consistency Conclusion: The project is consistent with both the Criteria and other Plan requirements.
Data:
Applicable Core/Linkage:
Area Plan: The Pass
Proposed Constrained Linkage 22
APN
Sub -Unit
CeII Group
CeII
414-070-008
414-080-001
414-080-002
414-080-003
414-080-004
414-080-005
414-080-006
414-090-019
SU2 — Badlands/San Bernardino
National Forest
Independent
940
Comments:
a. Only approximately 18 acres of the 40 -acre site are located in Cell 940. Conservation in Cell 940 will contribute to Proposed Constrained Linkage 22. Proposed Constrained Linkage 22 is comprised of the portion of San Timoteo Creek extending west from I-10 to De Anza Cycle Park. This Linkage provides Habitat for certain species and a connection to Proposed Core Area 3 in the Badlands. This Linkage is constrained by I-10 to the east, San Timoteo Canyon Road and railroad tracks to the north, SR 60 to the south, and existing agricultural land uses within the City of Beaumont. b. The dimensional data provided for Proposed Constrained Linkage 22 indicate a width ranging from 1,200 to 1,500 feet.
c. Approximately 18 acres of the 40 -acre site are located in Cell 940. Conservation within this Cell will contribute to assembly of Proposed Constrained Linkage 22. Conservation within this Cell will focus on grassland, chaparral, and Riversidean alluvial fan sage scrub. Areas conserved within this Cell will be 1 of 4
RCA Joint Project Review (JPR)
JPR #: 07 03 12 02
Date: 12/10/07
connected to grassland, chaparral, and Riversidean alluvial fan sage scrub Habitat proposed for conservation to the west in Cell #935. Conservation within this Cell will range from 30% to 40%, focusing on the southern portion of the Cell.
d. The project consists of the Oak Valley Village Commercial Development, which proposes to construct approximately 40 acres of a regional shopping center. The Applicant has provided for approximately 3 acres of Conservation within the MSHCP Conservation Area; in addition, approximately 16 acres within Noble Creek associated with Los Angeles pocket mouse occupied habitat has been set aside outside of the Criteria Area. The Permittee indicates the portion of the site conserved outside of the Criteria Area will either be recorded as a Conservation easement, or will be dedicated to a resource Conservation district. The project would not conflict with Reserve Assembly in this area, as it is located in the far eastern portion of Cell, away from areas in the southern portion of the Ce11 that are identified for Conservation.
Other Plan Requirements
Data:
Section 6.1.2 — Was Riparian/Riverine/Vernal Pool Mapping or Information Provided? Yes. Riparian/riverine features were found on site (Noble Creek and Tributary A), but both areas are to be avoided by the proposed project. No areas supporting vernal pools or fairy shrimp were identified on site.
Section 6.1.3 — Was Narrow Endemic Plant Species Survey Information Provided? Yes. The project site is located within a Narrow Endemic Plant Species Survey Area (NEPSSA) for Marvin's (Yucaipa) onion and many -stemmed dudleya; however, neither clay soils nor either of these two species were found on site during focused surveys.
Section 6.3.2 — Was Additional Species Survey Information Provided? Yes. The project site is located within the burrowing owl and Los Angeles pocket mouse survey area.
Section 6.1.4 — Was Information Pertaining to Urban/Wildland Interface Guidelines Provided? Yes. The project site is located near Conservation Areas. 2 of 4
RCA Joint Project Review (JPR)
Comments:
JPR #: 07 03 12 02
Date: 12/10/07
a. Section 6.1.2: Glenn Lukos Associates prepared an MSHCP Assessment of Riparian/Riverine Areas report dated November 9, 2007. The project site is described by GLA as having two features which meet the definition of riverine/riparian: Noble Creek and the lower portion of Tributary A. Two other features, described as Area A and Area B, do not meet the definition of riverine/riparian. No impacts to Noble Creek are proposed by the project. GLA explains, "The lower portion of Tributary A consists of a well-defined channel (1 to 6 feet wide) that exhibits a mostly unvegetated sandy bottom. Portions of the drainage does support several stands of southern willow scrub dominated by arroyo willow... and mule fat...scrub. Approximately 0.13 acre of streambed and associated riparian habitat is associated with the lower portion of Tributary A. Tributary A will not be disturbed if the Project is developed." Exhibit 3 of the November 2007 GLA report shows the locations of Noble Creek and the area defined as Tributary A. Area A is an area that GLA describes as "poorly defined...that does not support any riparian vegetation. This area consists of a topographic swale and does not contain a well-defined bed, bank, and channel, and does not exhibit any prominent physical indicators of flow." Area A is reported by GLA to be indistinguishable from the surrounding upland areas of the site and it conveys sheet flow, as do the surrounding upland areas. Area B is also described by GLA as being a topographic swale that is poorly defined and does not have a bed, bank, or channel. Because Area B is reported to convey sheet flow like the surrounding uplands and is indistinguishable from the surrounding area, GLA determined it was not a riverine resource. Habitat assessments for least Bell's vireo, southwestern flycatcher, and western yellow -billed cuckoo determined there were none of these species in the mapped willow/mulefat areas.
No areas supporting vernal pools or fairy shrimp Habitat were identified on the sandy loam soils mapped on site. Based on the materials submitted, the project demonstrates compliance with Section 6.1.2 of the MSHCP.
b. Section 6.1.3: The project site is located in a NEPSSA survey area for Marvin's (Yucaipa) onion and many -stemmed dudleya. No mapped clay soils were identified on site and neither of these plant species were identified on site during focused surveys. Based on the materials submitted, the project demonstrates compliance with Section 6.1.3 of the MSHCP. c. Section 6.3.2: The site is located in a burrowing owl and Los Angeles pocket mouse (LAPM) survey area. Thomas Leslie Corporation determined that the site supported suitable habitat for the burrowing owl, and, therefore, conducted breeding season surveys in May 2006. No burrowing owls, sign, or burrows were identified during these focused surveys. Trapping surveys for LAPM were conducted in July and November 2005. Live specimens were trapped during those surveys. Approximately 18 acres of occupied habitat were identified. Based on this, the project was redesigned to avoid 90% (impacting approximately 2 acres) of the occupied habitat with long-term conservation value. The remaining approximately 16 acres of LAPM habitat is being Conserved. The project demonstrates compliance with Section 6.3.2 of the MSHCP.
d. Section 6.1.4: To preserve the integrity of areas dedicated as MSHCP Conservation Areas that are proposed to occur adjacent to development, the guidelines contained in Section 6.1.4 related to 3 of 4
RCA Joint Project Review (JPR)
JPR #: 07 03 12 02
Date: 12/10/07
controlling adverse effects for development adjacent to the MSHCP Conservation Area should be considered by the Permittee in their actions relative to the project. Specifically, the Permittee should include as project conditions of approval the following measures:
Incorporate measures to control the quantity and quality of runoff from the site entering the MSHCP Conservation Area. In particular, measures shall be put in place to avoid discharge of untreated surface runoff from developed and paved areas into the MSHCP Conservation Area. The greatest risk is to riparian Habitats north of the project site. ii. Land uses proposed in proximity to the MSHCP Conservation Area that use chemicals or generate bioproducts, such as manure, that are potentially toxic or may adversely affect wildlife species, habitat, or water quality shall incorporate measures to ensure that application of such chemicals does not result in discharge to the MSHCP Conservation Area. The greatest risk is from landscaping fertilization overspray and runoff.
iii. Night lighting shall be directed away from the MSHCP Conservation Area to protect species within the MSHCP Conservation Area from direct night lighting. Shielding shall be incorporated in project designs to ensure ambient lighting in the MSHCP Conservation Area is not increased. In this instance, focused Habitat occurs in close proximity to the west, south, and southeast; shielding should focus on these areas.
iv. Proposed noise -generating land uses affecting the MSHCP Conservation Area shall incorporate setbacks, berms, or walls to minimize the effects of noise on MSHCP Conservation Area resources pursuant to applicable rules, regulations, and guidelines related to land use noise standards. v. Consider the invasive, non-native plant species listed in Table 6-2 of the MSHCP in approving landscape plans to avoid the use of invasive species for the portions of the project that are adjacent to the MSHCP Conservation Area. Considerations in reviewing the applicability of this list shall include proximity of planting areas to the MSHCP Conservation Areas, species considered in the planting plans, resources being protected within the MSHCP Conservation Area and their relative sensitivity to invasion, and barriers to plant and seed dispersal, such as walls, topography, and other features.
vi. Proposed land uses adjacent to the MSHCP Conservation Area shall incorporate barriers, where appropriate, in individual project designs to minimize unauthorized public access, domestic animal predation, illegal trespass, or dumping into the MSHCP Conservation Areas. Such barriers may include native landscaping, rocks/boulders, fencing, walls, signage, and/or other appropriate mechanisms.
vii. Manufactured slopes associated with the proposed site development shall not extend into the MSHCP Conservation Area.
SNS
4 of 4
JFRLcg I\b 07031202
Vanity Map with MSHCP Scherrat i c Cores and Linkages
EXHIBIT
A
1015
3851
A
rAv
roo.AA
Cell with Unique ID
Cell Group with Identifier
JPR Project Site
American Indian Lands (Not a Part)
Public/Quasi-Public Conserved Lands
Preexisting Conservation Agreements
San Jacinto Wildlife Area Additional Acquisition
Feet
0 1,500
Vegetation Communities:
Montane Coniferous Forest
i Woodlands and Forests
Coastal Sage Scrub
Riversidean Alluvial Fan Sage Scrub
Desert Scrubs
Chaparral
Playas and Vernal Pools
Grassland
Riparian Scrub, Woodland, Forest
Meadows and Marshes
Cismontane Alkali Marsh
Water
Developed, Disturbed Land
Agricultural Land
JFRLog I\b. 07031202
Criteria Area Gel I s with MSHCP Veget at ion and Project Location
EXHIBIT
6
wi 4 6/
Soil Types:
Gorgonio loamy sand, 0 to 8 percent slopes
Gorgonio loamy sand, channeled, 2 to 15 percent slopes
Hanford coarse sandy loam, 2 to 8 percent slopes
Hanford coarse sandy loam, deep, 2 to 8 percent slopes, eroded Ramona sandy loam, 15 to 25 percent slopes, severely er oded Ramona sandy loam, 2 to 5 percent slopes, eroded
Riverwash
Terrace escarpments
3851
A
Nravirava
WOES 4
Cell with Unique ID
Cell Group with Identifier
American Indian Lands (Not a Part)
Public/Quasi-Public Conserved Lands
Preexisting Conservation Agreements
San Jacinto Wildlife Area Additional Acquisition
Feet
1,500
JFRLcg I\b 07031202
CYi t eri a Area Cel I s with MSHCP Soi Is and Project Locat i on
EXHIBIT
D
American Indian Lands (Not a Part)
Public/Quasi-Public Conserved Lands
Preexisting Conservation Agreements
San Jacinto Wildlife Area Additional Acquisition
JFRLog I\b. 07031202
ai t eri a Area Cel I s with Aerial Photograph and Proposed Project Impacts
EXHIBIT
C
JPR Projects
Not a Part
Proposed Development
- Proposed MSHCP Conservation Area
Proposed Other Conservation Area
(Riparian/ Riverine 404 Permit)
- Transportation Project
Unknown
Public/Quasi-Public Conserved Lands
RCA MSHCP Conserved Lands
Highways Cities In I Criteria Cells
Appendix B
Focused Traffic Circulation Analysis
LLB
March 19, 2025
Mr. Chris Sanchez
Regency Centers
420 Stevens Avenue, Suite 320
Solana Beach, CA 92075
LLG Reference: 2.25.4911.1
Subject: Focused Traffic Circulation Analysis for the Proposed Oak Valley Village Project
Beaumont, California
Dear Mr. Sanchez:
Linscott, Law & Greenspan, Engineers (LLG) is pleased to submit this Focused Traffic Impact Analysis for the proposed Oak Valley Village Project (herein referred to as "Project"), generally located on the southeast corner of the I-10 Freeway and Oak Valley Parkway in the City of Beaumont, California. Figure 1 presents a Vicinity Map, which illustrates the general location of the project site and depicts the surrounding street system, and Figure 2 presents an existing site aerial. As presented in Figure 2, the site is currently vacant.
The Project site was previously entitled and analyzed in the Oak Valley Village Traffic Impact Study, prepared by RK Engineering Group, Inc., dated January 23, 2007. This Focused Traffic Impact Analysis will determine if the proposed Project is consistent with the fmdings of the previous traffic impact study. Furthermore, this analysis satisfy the Traffic Impact Analysis Guidelines for the City of Beaumont (July 2024) and will focus to eight (8) study intersections along Oak Valley Parkway consistent with the study area analyzed in the RK traffic impact study.
Appendix A contains the relevant excerpts from the approved RK traffic impact study that are referenced in this report.
Included in this focused traffic impact analysis are the following:
1) Existing traffic counts,
2) Estimated Project traffic generation/distribution/assignment, 3) AM and PM peak hour analyses for existing traffic conditions, 2 Eaocuhun Cclo
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Mr. Chris Sanchez
March 19, 2025
4) AM and PM peak hour analyses for existing with ambient growth to the Year 2030 without and with Project traffic conditions,
5) Recommended Improvements (if any), and
6) Site access and internal circulation evaluation
Our method of analysis, findings, and recommendations are detailed in the following sections of this letter report.
PROJECT DESCRIPTION
Entitled Project
The Project site has a currently entitled land use of 273,001 square -foot (SF) of shopping center, as analyzed in the previous traffic impact study. It should be noted that the previous entitlement technically includes an additional 168,708 SF associated with a proposed home improvement superstore, but was excluded from this traffic analysis since the currently proposed Project excludes this portion of the entitled Project site.
Proposed Project
Figure 3 presents the proposed site plan, prepared by Nadel. As shown in Figure 3, the proposed Project will consist of a 279,941 SF shopping center.
Access for the Project site will be provided via two (2) full -access signalized driveways, at the existing intersections of Golf Club Drive at Oak Valley Parkway and Oak Valley Plaza at Oak Valley Parkway. In addition, a right -in only unsignalized driveway will be located along the south side of Oak Valley Parkway between the I-10 Westbound Ramps and Golf Club Drive.
EXISTING TRAFFIC CONDITIONS
Existing Lane Geometries
Figure 4 presents an inventory of the existing roadway conditions for the eight (8) key study intersections. This figure identifies the number of travel lanes for key arterials, as well as intersection configurations and controls for the key area study intersections.
Existing Public Transit
The City of Beaumont Transit System provides public transit services in the vicinity of the proposed Project. A description of the transit services within the Project vicinity is described below:
Route 7-1:
LLG
Mr. Chris Sanchez
March 19, 2025
LLG
• Route 7-1 provides service to Tournament Hills, Fairway Canyon, Cherry Valley, Beaumont High School, Mountain View Middle School, San Gorgonio Middle School, Oak Valley shopping center, and connecting routes.
• During the weekday, Route 7-1 operates during the AM and PM peak hours only.
The current bus stop nearest to the Project site is located east of the intersection of Golf Club Drive at Oak Valley Parkway.
Existing Traffic Volumes
AM peak hour and PM peak hour traffic counts were collected by Counts Unlimited on February 6, 2025 at the eight (8) key study intersections. Figures 5 and 6 illustrate the existing AM and PM peak hour traffic volumes at the eight (8) key study intersections, respectively.
Appendix B contains the detailed peak hour traffic count sheets for the eight (8) key study intersections.
LEVEL OF SERVICE METHODOLOGY
In conformance with City of Beaumont requirements, AM and PM peak hour operating conditions for the signalized and unsignalized intersections were evaluated using the Highway Capacity Manual 7th Edition (HCM 7) methodology.
Highway Capacity Manual (HCM 7) Method of Analysis (Signalized Intersections) AM peak hour and PM peak hour operating conditions for the key study intersections were evaluated using the HCM operations method of analysis. Based on the HCM operations method of analysis, level of service for signalized intersections and approaches is defined in terms of control delay, which is a measure of the increase in travel time due to traffic signal control, driver discomfort, and fuel consumption.
Control delay includes the delay associated with vehicles slowing in advance of an intersection, the time spent stopped on an intersection approach, the time spent as vehicles move up in the queue, and the time needed for vehicles to accelerate to their desired speed. LOS criteria for traffic signals are stated in terms of the control delay in seconds per vehicle. The LOS thresholds established for the automobile mode at a signalized intersection are shown in Table 1.
Highway Capacity Manual (HCM 7) Method of Analysis (Unsignalized Intersections) The HCM 7 unsignalized methodology for stop -controlled intersections was utilized for the analysis of the unsignalized intersections. This methodology estimates the
Mr. Chris Sanchez
March 19, 2025
LLG
average control delay for each of the subject movements and determines the level of service for each movement. For all -way stop controlled intersections, the overall average control delay measured in seconds per vehicle, and level of service is then calculated for the entire intersection. For one-way and two-way stop -controlled (minor street stop -controlled) intersections, this methodology estimates the worst side street delay, measured in seconds per vehicle and determines the level of service for that approach. The HCM control delay value translates to a LOS estimate, which is a relative measure of the intersection performance. The six qualitative categories of Level of Service have been defined along with the corresponding HCM control delay value range, as shown in Table 2.
LEVEL OF SERVICE STANDARDS AND IMPACT CRITERIA
The relative impact of the proposed Project during the AM peak hour and PM peak hour was evaluated based on analysis of future operating conditions at the key study intersections with the proposed Project. The previously discussed capacity analysis procedures were utilized to investigate the future delay and service level characteristics at each study intersection. The significance of the potential impacts of the Project at each key intersection was then evaluated using the following traffic impact criteria.
Signalized Intersection Operating Requirements
• Any signalized study intersection operating at an acceptable LOS without project traffic in which the addition of project traffic causes the intersection to degrade to an unacceptable LOS shall identify improvements to improve operations back to acceptable.
• Any signalized study intersection that is operating unacceptably without project traffic where the project increases delay by 5.0 or more seconds shall identify improvements to offset the increase in delay.
The City defines acceptable LOS as noted below:
• LOS C for any study facility located on or west of Pennsylvania Avenue AND south of I-10 (e.g. LOS C for the southwest portion of the City) • LOS D at all other locations in the City.
Unsignalized Intersection Operating Requirements
An operation improvement would be required if the study determines that either section A) or both sections B) and C) occur:
Mr. Chris Sanchez
March 19, 2025
OR
LLG
A) The addition of project related traffic causes the intersection to degrade from an acceptable LOS to an unacceptable LOS (see definition above related to what the City defines as acceptable).
B) The Project adds 5.0 seconds or more of delay to an intersection that is already projected to operate without project traffic at an unacceptable LOS, AND
C) The intersection meets the peak hour traffic signal warrant after the addition of project traffic.
If the conditions above are satisfied, improvements should be identified that achieve the following:
• An acceptable LOS for case A) or to pre -project LOS and delay for case B) above.
PROJECT TRAFFIC CHARACTERISTICS
Project Trip Generation
Traffic generation is expressed in vehicle trip ends, defined as one-way vehicular movements, either entering or exiting the generating land use. Generation equations and/or rates used in the traffic forecasting procedure are typically found in the 1 Edition of Trip Generation, published by the Institute of Transportation Engineers (ITE) [Washington D.C., 2021]. It should be noted that the entitled trip generation forecast is based on the Trip Generation table (Table 3) contained in the approved RK Traffic Impact Study.
Table 3, attached, summarizes the trip generation rates used in forecasting the vehicular trips generated for the entitled land use and the proposed Project and also presents the forecast peak hour and daily traffic volumes. As shown in the upper portion of Table 3, the trip generation potential of the proposed Project was estimated using the using ITE Land Use 820: Shopping Plaza Greater than 150k trip generation equations.
Review of the middle portion of Table 3 indicates that the entitled land use was forecast to generate 10,436 net daily trips, with 229 net trips (139 inbound, 90 outbound) produced in the AM peak hour and 972 net trips (466 inbound, 506 outbound) produced in the PM peak hour on a "typical" weekday (Based on Table 3 of the approved RK Traffic Impact Study). It should be noted that the aforementioned
Mr. Chris Sanchez
March 19, 2025
LLG
overall entitled land use trip generation includes adjustments for pass -by to account for trips that are already in the everyday traffic stream on the adjoining streets (i.e.
Oak Valley Parkway) and will stop as they pass by the Project site as a matter of convenience on their path to another destination.
Review of the lower portion of Table 3 indicates that the proposed Project is forecast to generate 10,538 net daily trips, with 239 net trips (148 inbound, 91 outbound) produced in the AM peak hour and 947 net trips (454 inbound, 493 outbound) produced in the PM peak hour on a "typical" weekday. It should be noted that these proposed Project trips also include adjustments for pass -by consistent with the approved RK Traffic Impact Study. The potential impact of these proposed Project trips are assessed in this traffic study.
As shown at the bottom of Table 3, comparison of the trips generated by the existing entitled land use as shown in the previous traffic impact study to the trips generated by the proposed Project shows that the proposed Project will generate 102 greater net daily trips, 10 greater net AM peak hour trips, and 25 fewer net PM peak hour trips.
Trip Distribution and Assignment
Figure 7 presents the traffic distribution pattern for the proposed Project. Project traffic volumes both entering and exiting the site have been distributed and assigned to the adjacent street system based on the following considerations:
• the site's proximity to major traffic carriers and regional access routes, • the site's proximity to residential development in the area, • expected localized traffic flow patterns based on adjacent street channelization, and presence of traffic signals,
• the previously approved traffic impact study, and
• ingress/egress availability at the Project site.
Figures 8 and 9 present the anticipated AM and PM peak hour traffic volumes associated with the proposed Project, respectively. The traffic volume assignments presented in Figures 8 and 9 reflect the traffic distribution characteristics shown in Figure 7 and the traffic generation forecast presented in Table 3.
Mr. Chris Sanchez
March 19, 2025
LLG
FUTURE YEAR 2030 TRAFFIC CONDITIONS
Year 2030 Ambient Traffic Growth
In order to develop Horizon Year 2030 traffic volume data consistent with the RK Traffic Impact Study, background traffic growth estimates have been calculated using an ambient growth factor. The ambient traffic growth factor is intended to include unknown and future cumulative projects in the study area, as well as account for regular growth in traffic volumes due to the development of projects outside the study area. The future growth in traffic volumes has been calculated at two percent (2.0%) compounded per year. Applied to existing Year 2025 traffic volumes results in five years compounded growth from existing volumes to horizon Year 2030.
Year 2030 Traffic Volumes
Figures 10 and 11 illustrate the Year 2030 Without Project AM peak hour and PM peak hour traffic volumes at the eight (8) key study intersections and proposed Project driveway, respectively.
Figures 12 and 13 illustrate the Year 2030 AM peak hour and PM peak hour traffic volumes, with the inclusion of the trips generated by the proposed Project at the eight (8) key study intersections and proposed Project driveway, respectively.
YEAR 2030 WITH PROJECT CAPACITY ANALYSIS
Table 4 summarizes the peak hour level of service results at the eight (8) key study intersections for Year 2030 With Project traffic conditions in comparison to the results of the RK Traffic Impact Study. Review of column (1) of Table 4 indicates that two (2) of the key study intersections currently operate at unacceptable LOS during the AM or PM peak hour. The remaining key study intersections currently operate at acceptable LOS D or better during the AM and PM peak hours.
Review of column (2) of Table 4 indicates that two (2) of the key study intersections are forecast to operate at unacceptable LOS during the AM and/or PM peak hours under Year 2030 Without Project traffic conditions. The remaining key study intersections are forecast to continue to operate at acceptable LOS D or better in Year 2030 Without Project traffic conditions during the AM and PM peak hours.
Review of columns (3) and (4) of Table 4 indicates that traffic associated with proposed Project will cause operational deficiencies at four (4) key study intersections when compared to the LOS standards and significant impact criteria specified in this letter report. The remaining key study intersections are forecast to
Mr. Chris Sanchez
March 19, 2025
LLG
continue to operate at acceptable LOS D or better in Year 2030 during the AM and PM peak hours with the addition of Project traffic. However, as shown in column (5) of Table 4, the implementation of recommended improvements at the deficient locations improves these intersections to acceptable service levels.
As shown in column (6), the deficient locations are generally consistent with those identified in the RK Traffic Impact Study.
Appendix C contains the HCM/LOS calculation worksheets for the eight (8) key study intersections.
TRAFFIC SIGNAL WARRANT ANALYSIS
The level of service analyses at the key unsignalized impacted study intersections that are recommended to be signalized are supplemented with an assessment of the need for signalization of the intersections. This assessment is made on the basis of signal warrant criteria. For this study, the need for signalization is assessed on the basis of the peak -hour traffic signal warrant; Warrant #3 described in the California Manual on Uniform Traffic Control Devices (MUTCD). Warrant #3 has two parts: 1) Part A evaluates peak hour vehicle delay for traffic on the minor street approach with the highest delay and 2) Part B evaluates peak -hour traffic volumes on the major and minor streets. This method provides an indication of whether peak -hour traffic conditions or peak -hour traffic volume levels are, or would be, sufficient to justify installation of a traffic signal. Other traffic signal warrants are available; however, they cannot be checked under future conditions because they rely on data for which forecasts are not available (such as accidents, pedestrian volume, and four- or eight - hour vehicle volumes).
The decision to install a traffic signal should not be based purely on the warrants alone. Instead, the installation of a signal should be considered and further analysis performed when one or more of the warrants are satisfied. Additionally, engineering judgment is exercised on a case -by -case basis to evaluate the effect a traffic signal will have on certain types of accidents and traffic conditions at the subject intersection as well as at adjacent intersections.
The results of the peak -hour traffic signal warrant analysis for Year 2030 traffic conditions are summarized in Table 5. The results indicate that the following two (2) key unsignalized deficient intersections have future traffic conditions that would exceed the volume thresholds of Warrant #3, Part A and Part B for the AM and PM peak hours:
Mr. Chris Sanchez
March 19, 2025
LLG
• 1. Desert Lawn Drive at Oak Valley Parkway
• 7. Elm Avenue at Oak Valley Parkway
The analysis and the recommended improvements show that the above -mentioned intersections in Year 2030 With Project traffic conditions recommended to be signalized. With signalization of these intersections, which are warranted, these intersections are forecast to operate at acceptable service levels during the AM and PM peak hours. Thus, it is concluded from Table 5 that a traffic signal is justified at these locations.
The Year 2030 With Project Signal Warrant Analysis worksheets are contained in Appendix D.
PROJECT -SPECIFIC IMPROVEMENTS
The following project -specific improvements are to be constructed by the proposed Project along Oak Valley Parkway:
■ Intersection 4. Golf Club Drive at Oak Valley Parkway: Construct the south leg of the intersection and provide dual exclusive northbound left - turn lanes, a shared northbound through/right-turn lane, and two inbound lanes. Restripe the north leg of the intersection to provide a southbound through lane. Widen and restripe the west leg of the intersection to provide two additional eastbound through lanes and an exclusive eastbound right - turn lane. Widen and restripe the east leg of the intersection to provide an exclusive westbound left -turn lane and two additional eastbound departure lanes. Modify the existing traffic signal for eight -phase operation. Stripe crosswalks on the south and east legs.
■ Intersection 5. Oak Valley Plaza at Oak Valley Parkway: Construct the south leg of the intersection and provide an exclusive northbound left -turn lane, a shared northbound through/right-turn lane, and one inbound lane.
Restripe the north leg of the intersection to provide convert the exclusive southbound right -turn lane to a shared southbound through/right-turn lane.
Widen and restripe the west leg of the intersection to provide one additional eastbound through lane and a shared eastbound through/right- turn lane. Widen and restripe the east leg of the intersection to provide an exclusive westbound left -turn lane and two additional eastbound departure lanes. Modify the existing traffic signal for eight -phase operation. Stripe crosswalks on the south and east legs.
Mr. Chris Sanchez
March 19, 2025
LLG
• Intersection 6. Oak View Drive at Oak Valley Parkway: Widen and restripe the west leg of the intersection to provide two additional eastbound through lanes. Widen and restripe the east leg of the intersection to provide two additional eastbound departure lanes. Modify the existing traffic signal. Stripe a crosswalk on the east leg. • A. Project Driveway 1 at Oak Valley Parkway: Construct the south leg of the intersection and one inbound lane. Widen and restripe the west leg of the intersection to provide one additional eastbound through lane and one exclusive eastbound right -turn lane. Widen and restripe the east leg of the intersection to provide two additional eastbound departure lanes.
RECOMMENDED IMPROVEMENTS
The results of Year 2030 With Project traffic conditions indicate that four (4) of the eight (8) key study intersections are forecast to operate at an adverse level of service when compared to the LOS standards and significant impact criteria specified in this focused traffic circulation analysis report. The remaining key study intersections are forecast to operate at acceptable levels of service during the AM and PM peak hours.
The improvements listed below have been identified at the deficient locations to improve these intersections to acceptable service levels:
• Intersection 1. Desert Lawn Drive at Oak Valley Parkway: Install a traffic signal and design for three-phase operation.
• Intersection 2. I-10 EB Ramps at Oak Valley Parkway: Widen and restripe the north leg of the intersection to provide an exclusive southbound left - turn lane. Widen and restripe the west leg of the intersection to provide an exclusive eastbound right -turn lane. Modify the existing traffic signal. • Intersection 3. I-10 WB Ramps at Oak Valley Parkway: Widen and restripe the south leg of the intersection to provide an exclusive northbound left -turn lane. Modify the existing traffic signal. • Intersection 7. Elm Avenue at Oak Valley Parkway: Install a traffic signal and design for five -phase operation. Stripe crosswalks on all legs.
It should be noted that these recommended improvements are consistent with those included in the RK Traffic Impact Study. Therefore, the proposed Project will have no new traffic impacts compared to the traffic impacts identified in the approved RK Traffic Impact Study for the entitled development and fair share contributions remain appropriate consistent with the findings for the entitled Project. Figure 14 presents
Mr. Chris Sanchez
March 19, 2025
LLG
the Project -specific and recommended improvements and intersection controls at the key study intersections.
SITE ACCESS AND INTERNAL CIRCULATION EVALUATION
As shown previously on Figure 3, vehicular access for the Project site will be provided via two (2) full -access signalized driveways, at the existing intersections of Golf Club Drive at Oak Valley Parkway and Oak Valley Plaza at Oak Valley Parkway. In addition, a right -in only unsignalized driveway will be located along the south side of Oak Valley Parkway between the I-10 Westbound Ramps and Golf Club Drive.
Table 6 summarizes the intersection operations at the proposed Project driveways for Year 2030 traffic conditions at completion and full occupancy of the proposed Project. Review of Table65 shows that the proposed Project driveways are forecast to operate at acceptable LOS D or better during the AM and PM peak hours for the Year 2030 With Project traffic conditions. As such, Project access will be adequate.
Appendix E contains the Delay/LOS calculation worksheets for the proposed Project driveways for the Year 2030 With Project traffic conditions.
The on -site circulation layout of the proposed Project as illustrated in Figure 3 on an overall basis is adequate. Curb return radii appear adequate for passenger cars, service/delivery trucks, emergency vehicles, and trash trucks.
INTERSECTION QUEUEING EVALUATION
A queuing evaluation was prepared for the inbound and outbound movements at the two (2) Project access locations at Golf Club Drive and Oak Valley Plaza.
Table 7 presents the 95th percentile queuing analysis results for the Year 2030 With Project traffic conditions. Review of Table 7 indicates that adequate storage is proposed to accommodate the forecast 95th percentile queues for both intersections.
CONCLUSION
The results of the Focused Traffic Circulation Analysis indicate that the proposed Project is generally consistent with the entitled land use analyzed in the previous traffic impact study and no new impacts were identified compared to the traffic impacts identified in the approved RK Traffic Impact Study for the entitled development. Under Year 2030 With Project traffic conditions, four (4) of the eight
Mr. Chris Sanchez
March 19, 2025
(8) key study intersections are forecast to operate at an adverse LOS when compared to the LOS standards and significant impact criteria specified in this letter report. The recommended improvements are consistent with those included in the approved RK Traffic Impact Study and the implementation of these recommended improvements at the deficient locations improves these intersections to acceptable service levels. Fair share contributions remain appropriate consistent with the findings for the entitled Project.
The proposed Project driveways are forecast to operate at acceptable levels of service during the AM peak hour and PM peak hour in the Year 2030 With Project traffic condition. As such, Project access will be adequate. In addition, adequate storage is proposed to accommodate the forecast 95th percentile queues for the two (2) Project access locations at Golf Club Drive and Oak Valley Plaza.
We appreciate the opportunity to provide this Focused Traffic Circulation Analysis.
Should you have any questions, please call us at (949) 825-6175.
Sincerely,
Linscott, Law & Greenspan, Engineers
Keil D. Maberry, P.E.
Principal
California Registration: TR 1802
Attachments
LLG
u r
CPO SCALE
KEY
® = STUDY INTERSECTION
C J = PROJECT SITE
FIGURE 1
VICINITY MAP
OAK VALLEY VILLAGE, BEAUMONT
K _
u r
©NO SCALE
SOURCE: NEAR MAPS
KEY
E ] = PROJECT SITE
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FIGURE 2
EXISTING SITE AERIAL
OAK VALLEY VILLAGE, BEAUMONT
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SOURCE: NADEL
FIGURE 3
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PROPOSED SITE PLAN
OAK VALLEY VILLAGE, BEAUMONT
a
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OAK VALLEY PKWY
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= STUDY INTERSECTION
APPROACH LANE ASSIGNMENT
= TRAFFIC SIGNAL,-.- = STOP SIGN
= PARKING, NP = NO PARKING
U = UNDIVIDED, D = DIVIDED
2 = NUMBER OF TRAVEL LANES
(XX)= POSTED SPEED LIMIT (MPH)
OL = OVERLAP
E El = PROJECT SITE
FIGURE 4
EXISTING ROADWAY CONDITIONS
AND INTERSECTION CONTROLS
OAK VALLEY VILLAGE, BEAUMONT
ag 236 _
u r
CPO SCALE
KEY
® = STUDY INTERSECTION
C J = PROJECT SITE
FIGURE 5
EXISTING AM PEAK HOUR TRAFFIC VOLUMES
OAK VALLEY VILLAGE, BEAUMONT
ag
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KEY
® = STUDY INTERSECTION
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FIGURE 6
EXISTING PM PEAK HOUR TRAFFIC VOLUMES
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4-
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= INBOUND PERCENTAGE
- OUTBOUND PERCENTAGE
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FIGURE 7
PROJECT TRAFFIC DISTRIBUTION PATTERN
OAK VALLEY VILLAGE, BEAUMONT
ag
44 236
u r
CPO SCALE
KEY
® = STUDY INTERSECTION
E J = PROJECT SITE
(XX) = PASS -BY TRIPS
FIGURE 8
AM PEAK HOUR PROJECT TRAFFIC VOLUMES
OAK VALLEY VILLAGE, BEAUMONT
a
4 236
u r
CPO SCALE
GOLF CLUB DR ©
OAK VALLEY PKWY
KEY
® = STUDY INTERSECTION
E J = PROJECT SITE
(XX) = PASS -BY TRIPS
FIGURE 9
PM PEAK HOUR PROJECT TRAFFIC VOLUMES
OAK VALLEY VILLAGE, BEAUMONT
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4 4
4 236
u r
CPO SCALE
KEY
0 = STUDY INTERSECTION
C J = PROJECT SITE
FIGURE 10
YEAR 2030 WITHOUT PROJECT
AM PEAK HOUR TRAFFIC VOLUMES
OAK VALLEY VILLAGE, BEAUMONT
ag
4 2 of 236
u r
CPO SCALE
KEY
® = STUDY INTERSECTION
C J = PROJECT SITE
FIGURE 11
YEAR 2030 WITHOUT PROJECT
PM PEAK HOUR TRAFFIC VOLUMES
OAK VALLEY VILLAGE, BEAUMONT
ag
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0 239
- 374
DESERT LAWN DR ©
OAK VALLEY PKWY
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KEY
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FIGURE 12
YEAR 2030 WITH PROJECT
AM PEAK HOUR TRAFFIC VOLUMES
OAK VALLEY VILLAGE, BEAUMONT
236
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KEY
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FIGURE 13
YEAR 2030 WITH PROJECT
PM PEAK HOUR TRAFFIC VOLUMES
OAK VALLEY VILLAGE, BEAUMONT
236
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• = TRAFFIC SIGNAL, -r = STOP SIGN
P = PARKING, NP = NO PARKING
OL = OVERLAP
C = PROJECT SITE
FIGURE 14
PLANNED AND RECOMMENDED IMPROVEMENTS
OAK VALLEY VILLAGE, BEAUMONT
a
236 _
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TABLE 1
LEVEL OF SERVICE CRITERIA FOR SIGNALIZED INTERSECTIONS (HCM 7 METHODOLOGY)1
OAK VALLEY VILLAGE, BEAUMONT
Level of Service
(LOS)
Control Delay Per Vehicle
(seconds/vehicle)
Level of Service Description
A
10.0 and 20.0 and 35.0 and 55.0 and < 80.0
Very long traffic delays This level is considered by many agencies to be the limit of acceptable delay. These high delay values generally indicate poor progression, long
cycle lengths and high v/c ratios. Individual cycle failures are frequent occurrences.
F
≥ 80.0
Severe congestion This level, considered to be
unacceptable to most drivers, often occurs with over
saturation, that is, when arrival flow rates exceed the capacity of the intersection. It may also occur at high v/c ratios below 1.0 with many individual cycle failures. Poor progression and long cycle lengths may also be major
contributing factors to such delay levels.
Source: Highway Capacity Manual 7, Chapter 19: Signalized Intersections.
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TABLE 2
LEVEL OF SERVICE CRITERIA FOR UNSIGNALIZED INTERSECTIONS (HCM 7 METHODOLOGY)2,3
OAK VALLEY VILLAGE, BEAUMONT
Level of Service
(LOS)
Highway Capacity Manual
Delay Value (sec/veh)
Level of Service Description
A
≤ 10.0
Little or no delay
B
> 10.0 and ≤ 15.0
Short traffic delays
C
> 15.0 and ≤ 25.0
Average traffic delays
D
> 25.0 and ≤ 35.0
Long traffic delays
E
> 35.0 and ≤ 50.0
Very long traffic delays
F
> 50.0
Severe congestion
2 Source: Highway Capacity Manual 7, Chapter 20: Two -Way Stop -Controlled Intersections. The LOS criteria apply to each lane on a given approach and to each approach on the minor street. LOS is not calculated for major -street approaches or for the intersection as a whole. 3 Source: Highway Capacity Manual 7, Chapter 21: All -Way Stop -Controlled Intersections. For approaches and intersection -wide assessment, LOS is defined solely by control delay.
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TABLE 3
PROJECT TRAFFIC GENERATION RATES AND FORECAST4
OAK VALLEY VILLAGE, BEAUMONT
ITE Land Use Code /
Project Description
Daily
2 -Way
AM Peak Hour
PM Peak Hour
Enter
Exit
Total
Enter
Exit
Total
Trip Generation Factors:
47.20 62%
3O0%<
1.07 48%
52'i.
4.24 • 820: Shopping Plaza greater than 150k (TE/TSF)
Entitled Trip Generation Forecast (Approved TIA): 5
13,045
-2,609
174
-35
117
-22
286
-57
583
-117
632
-126
1,215
-243
Oak Valley Village (273,001 SF)
Pass -by Trips (20%/20%/20%)
Entitled Trip Generation IA]
10,436
139
90 229
466
506
972
Proposed Project Trip Generation Forecast:
13,173
-2,635
185
-37
114
-23
299
-60
568
-114
616
-123
1,184
-237
820: Oak Valley Village (279,941 SF)
Pass -by Trips (20%/20%/20%)
Project Trip Generation [Bj
10,538
148
91 239
454
493
947 I
Net Project Trip Generation Forecast [B] — [A]
+102
+9
+1
+10
-12
-13
-25
Notes:
■ TE/TSF = Trip End per 1,000 Square Feet of Gross Floor Area 4 Source: Trip rates based on Trip Generation, 11th Edition, Institute of Transportation Engineers (ITE), Washington, D.C. (2021). Trip Generation rates based on the following equations:
• Daily: T = 26.11(X) + 5863.73
• AM Peak Hour: T = 0.59(X) + 133.55
• PM Peak Hour: Ln(T) = 0.72Ln(X) + 3.02
5 Source: Oak Valley Village Traffic Impact Study, prepared by RK Engineering Group, Inc., dated January 23, 2007. (Table 3)
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TABLE 4
YEAR 2030 PEAK HOUR INTERSECTION CAPACITY ANALYSIS SUMMARY
OAK VALLEY VILLAGE, BEAUMONT
Minimum
(1)
Existing
Traffic Conditions
(2)
Year 2030
Without Project
Traffic Conditions
(3)
Year 2030
With Project
Traffic Conditions
(4)
Deficiency
(5)
Year 2030
With Project
With Improvements6
(6)
Oak Valley Village
Traffic Impact Study
Year 2030
With Entitled Project
Traffic Conditions'
Time
Acceptable
Delay
Delay
Delay
Delay
Delay
Key Intersection
Period
LOS
(s/v)
LOS
(s/v)
LOS
(s/v)
LOS
Increase
Yes/No
(s/v)
LOS
(s/v)
LOS
Desert Lawn Drive at
I .
AM
LOS D
59.4 F
75.9 F
79.8 F
3.9 No
22.8 C
--
--
Oak Valley Parkway
PM
20.7 C
28.5 D
35.8 E
7.3 Yes
11.2 B
--
--
I-10 EB Ramps at
AM
54.3 D
72.7 E
84.9 F
12.2 Yes
23.8 C
OVRFL
F
2. LOSD
Oak Valley Parkway
PM
63.4 E
71.6 E
116.7
F
45.1 Yes
39.4 D
OVRFL
F
I-10 WB Ramps at
AM
21.9 C
24.9 C
27.4 C
2.5 No
20.0 C
12,325.9
F
3. LOS D
Oak Valley Parkway
PM
32.4 C
38.6 D
75.0 E
36.4 Yes
29.2 C
42,067.5
F
Golf Club Drive at
AM
7M
A
7.2 A
13.1 B
5.9 No
--
--
OVRFL
F
4. LOS D
Oak Valley Parkway8
PM
10.3 B
10.6 B
23.7 C
13.1 No
--
--
OVRFL
F
Oak Valley Plaza at
AM
3.2 A
3.4 A
36.2 D
32.8 No
--
--
--
--
5. LOS D
Oak Valley Parkway8
PM
6.2 A
6.4 A
35.6 D
29.2 No
--
--
--
--
Oak View Drive at
AM
20.4 C
21.1 C
20.6 C
-0.5
No
--
--
85.2 F
6. LOS D
Oak Valley Parkway8
PM
17.3 B
17.9 B
17.2 B
-0.7
No
--
--
327.7
F
Elm Avenue at
AM
27.0 D
32.3 D
35.7 E
3.4 Yes
10.1 B
3,838.9
F
7. LOS D
Oak Valley Parkway
PM
23.5 C
27.6 D
40.4 E
12.8 Yes
9.7 A
17,272.9
F
Beaumont Avenue at
AM
35.6 D
36.5 D
36.6 D
0.1 No
--
--
142.1
F
8. LOS D
Oak Valley Parkway
PM
33.6 C
37.3 D
38.4 D
1.1 No
--
--
159.9
F
Notes:
■ LOS = Level of Service, please refer to Tables 1 and 2 for the LOS definitions • s/v = seconds per vehicle
■ Bold Delay/LOS values indicate adverse service levels based on the LOS standards defined in this traffic study. • OVRFL = Delay high, intersection unstable. Level of Service F. a Recommended improvements are consistent with those included in the entitled Oak Valley Village Traffic Impact Study. ' Source: Oak Valley Village Traffic Impact Study, prepared by RK Engineering Group, Inc., dated January 23, 2007. (Table 9) $ Includes Project -specific improvements.
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TABLE 5
INTERSECTION TRAFFIC SIGNAL WARRANT ANALYSIS SUMMARY
OAK VALLEY VILLAGE, BEAUMONT
Key Intersection
Time
Period
Year 2030
With Project
Traffic Conditions
Part A of
Warrant 3
Satisfied?
Part B of
Warrant 3
Satisfied?
Desert Lawn Drive at
1. Oak Valley Parkway
AM
PM
Yes
No
Yes
Yes
Elm Avenue at
7. Oak Valley Parkway
AM
PM
No
No
Yes
Yes
Notes:
• Signal Warrant checks based on Warrant 3, Part A - Peak -Hour Delay Warrant and Part B - Peak -Hour Volume Warrant contained in the California MUTCD.
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TABLE 6
INTERSECTION PEAK HOUR LEVELS OF SERVICE SUMMARY
OAK VALLEY VILLAGE, BEAUMONT
Key Intersection
Time
Period
Minimum
Acceptable
LOS
Year 2030
With Project
Traffic Conditions
Delay
(s/v)
LOS
Golf Club Drive at
AM
13.1 B
4. D
Oak Valley Parkway
PM
23.7 C
Oak Valley Plaza at
5. AM
D
36.2 D
Oak Valley Parkway
PM
35.6 D
Project Driveway 1 at
A.
AM
D
0.09 A
Oak Valley Parkway
PM
0.09 A
Notes:
■ s/v = seconds per vehicle (delay)
■ LOS = Level of Service
9 Uncontrolled intersection results in 0.0 s/v delay.
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TABLE 7
INTERSECTION PEAK HOUR QUEUING ANALYSIS1°
OAK VALLEY VILLAGE, BEAUMONT
Key Intersection
Existing
Storage
Provided
(feet)
Year 2030 With Project
Traffic Conditions
AM Peak Hour
PM Peak Hour
Max.
Queue
(feet)
Adequate
Storage
(Yes / No)
Max.
Queue
(feet)
Adequate
Storage
(Yes / No)
Golf Club Drive at
4. Oak Valley Parkway
Northbound Dual Left -Turn
Northbound Through/Right-Turn
Eastbound Right -Turn
Westbound Left -Turn
Oak Valley Plaza at
5' Oak Valley Parkway
Northbound Left -Turn
Northbound Through/Right Turn
Westbound Left -Turn
95'
95'
185'
185'
90'
90'
230'
25'
33'
25'
44'
25'
25'
51'
Yes
Yes
Yes
Yes
Yes
Yes
Yes
121'
213'
54'
144'
137'
97'
167'
Yes [a]
Yes [a]
Yes
Yes
Yes [a]
Yes [a]
Yes
Notes:
■ [a] = Additional queue length may be accommodated within the Project site's drive aisles. to Queue is based on the 95,h Percentile Queue and is reported in total queue length (feet) per lane for signalized intersections.
CITY OF BEAUMONT
PLANNING DEPARTMENT
DRAFT CONDITIONS OF APPROVAL
BEAUMONT
PLANNING COMMISSION DATE: May 28, 2025
CITY COUNCIL DATE:
PROJECT NAME: Beaumont Village
PROJECT NO.: PP2024-0059, PLAN2024-0157, V2024-0019, V2025-0031 and PLAN2025-0177
DESCRIPTION: A request for approval of a Plot Plan, Sign Program, variances for parking and open space, and development agreement to construct a commercial center on a 28.95 -acre vacant site comprised of multi -tenant buildings and commercial pad sites totaling approximately 279,941 square feet of retail and restaurant floor area. The proposed applications are exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Article 12, Section 15183 (Projects Consistent with a Community Plan or Zoning
APPLICANT: Regency Centers, LP
LOCATION: The project site is located east of Interstate 10 (I-10) and south of Oak Valley Parkway within the Community Commercial (CC) zone.
APN: 414-070-008, 414-080-001, -002, -003, -004, -005, -006 and 414-090-019
PROJECT
Note: Any conditions revised at a hearing will be noted by stri teout (for deletions) and/or underline (for additions), and any newly added conditions will be added at the end of all conditions regardless of the Department originating the condition.
STANDARD CONDITIONS
1. The permit for the above referenced Plot Plan (PP2024-0059), Sign Program (PLAN2024-0157), Variance (V2024-0019 and V2025-0031), and Development Agreement (PLAN2025-0177) and CEQA Section 15183 exemption, and property consists of all Conditions of Approval herein.
2. The use hereby permitted is the construction of a commercial center with two (2) major tenant buildings, two (2) multi -tenant buildings (including one with a major tenant) and four commercial pad sites for future drive -through restaurants located on Assessor Parcel Numbers 414-070-008, 414-080-001, -002, -003, -004, -005, - 006 and 414-090-019.
3. The permittee shall defend, indemnify, and hold harmless the City of Beaumont, the Beaumont Redevelopment Agency, its agents, officers, consultants, and
PP2024-0059, PLAN2024-0157, V2024-0019, V2025-0031 and PLAN2025-0177 Draft Conditions of Approval Page 2
employees from any claims, action, or proceeding against the City of Beaumont or its agents, officers, consultants, or employees to attack, set aside, void, or annul, an approval of the City of Beaumont, its advisory agencies, appeal boards, or legislative body concerning Plot Plan (PP2024-0059), Sign Program (PLAN2024- 0157), Variance (V2024-0019 and V2025-0031), and Development Agreement (PLAN2025-0177) and CEQA Section 15183 exemption. The City of Beaumont will promptly notify the permittee of any such claim, action, or proceeding against the City of Beaumont and will cooperate fully in the defense. If the City fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Beaumont.
4. This approval is subject to the City of Beaumont Municipal Code Section 17.02.070 Plot Plans are subject to timing specified in Sections (I) Plot Plan Time Limits, and (J) Plot Plan Lapse in Time.
5. This approval is subject to the City of Beaumont Municipal Code Section 17.02.110 Variances are subject to timing specified in Sections (K) Variance Time Limits, and (L) Variance Lapse in Time.
6. The project applicant shall submit conditional use permit for the commercial pad sites that have been identified as drive-throughs pursuant to Section 17.02.100 Conditional Use Permits of the Beaumont Municipal Code once tenants have been identified.
7. The development and uses entitled pursuant to the permit shall comply with the Beaumont Municipal Code and all other applicable City of Beaumont ordinances and state and federal codes. The development of the premises shall conform substantially with that as shown on the approved site plan, unless otherwise amended by these conditions of approval.
8. A business license application review and approval are required prior to building permit final.
9. Final inspections will be required prior to the start of operations by City of Beaumont Departments including, but not limited to, the office of the Fire Marshal and the Riverside County Flood Control District. All inspections shall be performed and approved before a Certificate of Occupancy is issued.
10. If any of the conditions of approval are violated, or if the use otherwise becomes a public nuisance as set forth in the Beaumont Municipal Code, the Plot Plan permit may be revoked as prescribed in the Municipal Code.
11.A valid business license shall be maintained in force at all times.
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12. The Community Development Director shall monitor the subject use to ensure that the scale of the use does not exceed the limitations of the existing site improvements. In the event the Community Development Director determines that the scale of the use has exceeded site limitations, a hearing shall be scheduled before the Planning Commission to review the permit and consider modification or revocation thereof.
13. After 12 months of operation, the subject matter may, at the discretion of the Community Development Director, be scheduled for review by the Planning Commission. The Commission shall retain the authority to amend these conditions of approval at such time, or to modify the use or revoke the permit if nuisance conditions result from the operation.
14. The project shall comply with the outdoor lighting (night sky) requirements of Beaumont Municipal Code Chapter 8.50.
15.Outdoor storage of motor vehicles is prohibited and is not consistent with the standard operation of the business.
16. No vehicles may be parked on sidewalks, parkways, driveways, or alleys.
17. The applicant shall be responsible for securing clearance, permits and approvals from all relevant agencies, including, but not limited to, the Building Department, Fire Department, Public Works Department, and any other necessary departments or agencies.
18.A sign program has been included as part of this project but will require separate Planning and Building sign permits prior to installation. All signage shall be developed in conformance with the zoning ordinance of the Beaumont Municipal Code, Chapter 17.07 or the Oak Valley Village sign program.
19. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, disease, vermin, and debris during the life of this project.
20. Prior to the issuance of a Building Permit, or Certificate of Occupancy (whichever occurs first), landscape plans shall be prepared by a Licensed Landscape Architect and submitted in conjunction with Building plan and this project shall be subject to all the requirements listed in Chapter 17.06. The plans shall indicate species, sizes and spacing of all shrubs, groundcover, and trees.
21. Project shall comply with the landscaping provisions of Chapter 17.06 of the Beaumont Municipal Code.
22. Pursuant to Beaumont Municipal Code, Section 17.06.040.A & B landscaping is required as follows per Section 17.06.060.B:
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A. Landscape Requirements.
1. Landscape Depths Required:
a. Property Lines Adjacent to Residential Districts: Five feet. b. Required Setback Adjacent to Public Rights -of -Way: Ten feet.
2.This area shall be landscaped with plant materials.
3. Landscaping in these areas shall consist of an effective combination of street trees, trees, ground cover and shrubbery and may include such items as sidewalks, access driveways, flagpoles, fountains, and other similar appurtenances.
4. Landscaping shall be developed as usable landscaped open space and outdoor living and recreation area with an adequate irrigation system.
5. Area shall be landscaped with plant materials designed to provide beautification and screening.
6. The planting of shade trees on the south and west -facing sides of new buildings is encouraged.
B. Landscape Provisions.
1.AII non -paved areas shall be landscaped and maintained to control dust.
2. Wherever off-street parking areas are situated across the street from property in a residential zone, a masonry wall or berm three feet in height shall be erected within the required landscape area, outside of the public right-of-way to adequately screen the residential properties.
3. An automatic irrigation system shall be provided for all landscaped areas.
4. Landscaping within required setback adjacent to the public right-of-way shall be provided and maintained in perpetuity subject to the following conditions:
a. A distinct demarcation between asphalt paving and landscaped area shall be provided.
b. No other usage or storage is permitted within the required landscaped area.
23. Pursuant to Beaumont Municipal Code Section 17.06.050.A parking lot dividers, islands, planters, and planting areas shall be a minimum of five feet wide and ten feet long except for that all new or retrofitted tree planter shall be a minimum of nine feet by seven feet, measured to the inside perimeter of the planter, and shall have no less than 48 square feet of permeable soil planting area. Subject to approval of Variance V2025-0031, some planters may have reduced dimensions.
24. Pursuant to Beaumont Municipal Code Section 17.06.050.B Parking lot tree irrigation requirements. Automatic irrigation systems within parking lots shall be installed. Trees shall be irrigated with drip emitters, bubbler heads, or subterranean low -volume drip system. Trees shall be irrigated separately from shrubs and ground covers.
25. Prior to the issuance of a Certificate of Occupancy, all street frontage landscaping
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shall be installed, and irrigation shall be operational for the entire street frontages for the shopping center. Street frontage landscaping shall consist of on and off -site areas from the street frontage to the edge of proposed buildings or drive-thru lanes, as shown on the conceptual landscape plan dated April 28, 2025.
26. The landscape plans shall include at a minimum size, 24" box trees consistent with the conceptual landscape plan dated April 28, 2025.
27. Off -site landscaping within the right-of-way shall be enhanced subject to approval by the Public Works Department.
28. Prior to the issuance of the final permit or certificate of occupancy, the landscape and irrigation plans shall be approved and installed to the satisfaction of the Planning Department.
29. Pursuant to Beaumont Municipal Code Section 17.06.050.C Parking lot tree maintenance and installation requirements. All plants and irrigation systems shall be installed according to approved plans. The owner shall guarantee the quality of work, health, and condition of plants and installation of materials including but not limited to plant types, size, spacing, and irrigation systems. Prior to final acceptance of the project, the City shall inspect and verify that the installation is in compliance with the approved plans and specifications. All corrections, adjustments, and/or replacement of landscape elements shall be done prior to final approval by the City.
30. Barbed wire, concertina and razor are strictly prohibited. Alternative toppers may be considered on a case -by -case basis, subject to approval by the Community Development Director.
31. An anti -graffiti coating shall be provided on all block walls, and written verification from the developer shall be provided to the City of Beaumont Planning Department. However, the applicant may request to have the condition modified for consideration by the Planning Commission.
32. Block walls within public view shall be of decorative materials.
33. Pursuant to Beaumont Municipal Code, Section 17.11.160.D.3, all structures, appurtenances, parking, and drive aisles shall be paved with asphalt or concrete.
34. Pursuant to Beaumont Municipal Code, Section 17.11.160.D.4, all outdoor facilities shall be in compliance with Chapter 8.50 Outdoor Lighting of the Beaumont Municipal Code.
35. All rooftop equipment and mechanical equipment shall be screened from public view and shall be demonstrated on the building plans.
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36.Outdoor lighting systems in the Commercial/Industrial zone shall be reduced in lighting by at least 50 percent beginning at 10:00 pm. or close of business, whichever is later, until dawn or the start of business, whichever is sooner. When possible, the lighting system shall be turned off rather than reduced in lighting level.
Lighting shall be equipped with controls for photocell on and time off.
37. No outdoor activities are permitted within the parking area without an approved Temporary Use Permit or Special Event Permit.
38. No vehicles may be parked on the premises for the purpose of offer for sale.
39.Occupancy inspections will be required prior to the start of operations by the Building & Safety, Planning, Police, and Fire Departments. All inspections shall be performed and approved before a Certificate of Occupancy will be issued by the Building and Safety Department.
40. Exterior signage/advertisements promoting or indicating the availability of alcoholic beverages shall be prohibited. Exterior signage indicating the availability of alcoholic beverages shall be limited to the name of the business.
41. Exposed neon signage is strictly prohibited along the exterior windows. This includes "open/closed" sign for business.
42. The project is exempt from CEQA under Section 15183 of the CEQA guidelines (Projects Consistent with a Community Plan or Zoning). The project shall comply with the applicable mitigation measures of the 2020 General Plan Update Environmental Impact Report.
43. Pursuant to the RCA MSHCP Joint Powers Review (JPR) determination, the project applicant shall convey to RCA the required approximate 23.1 acres for conservation of sensitive habitat and open space.
44. The applicant shall comply with the requirements of the will serve letter issued by the Beaumont Cherry Valley Water District, including annexing into the water district.
45. The project shall comply with Chapter 8.50 Outdoor Lighting of the Beaumont Municipal Code.
46. The project shall comply with Chapter 9.02, Noise Control of the Beaumont Municipal Code.
47. The project shall comply with Chapter 17.04 Performance Standards of the Beaumont Municipal Code.
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48. The project is proposed to be constructed in multiple phases. Any modifications to the phasing will require a modification to the Plot Plan and conditions of approval.
49. The applicant may contact the Department of Transportation for further information regarding the requirements of a Safety Analysis.
50. Riverside County Flood Control: If this project proposes channels, storm drains larger than 36 inches in diameter, or other facilities that could be considered regional in nature and/or a logical extension a District's facility, the District would consider accepting ownership of such facilities on written request by the City. The Project Applicant shall enter into a cooperative agreement establishing the terms and conditions of inspection, operation, and maintenance with the District and any other maintenance partners. Facilities must be constructed to District standards, and District plan check and inspection will be required for District acceptance. Plan check, inspection, and administrative fees will be required. The regulatory permits' terms and conditions shall be approved by the District prior to improvement plan approval, map recordation, or finalization of the regulatory permits. There shall be no unreasonable constraint upon the District's ability to operate and maintain the flood control facility(ies) to protect public health and safety.
51. Riverside County Flood Control: An encroachment permit shall be obtained for any construction related activities occurring within District right of way or facilities, namely, Noble Creek Channel. If a proposed storm drain connection exceeds the hydraulic performance of the existing drainage facilities, mitigation will be required.
For further information, contact the District's Encroachment Permit Section at 951.955.1266 (If applicable).
52. Riverside County Flood Control: This project involves District proposed Master Drainage Plan facilities, namely Noble Creek Channel. The District will accept ownership of such facilities on written request by the City. The Project Applicant shall enter into a cooperative agreement establishing the terms and conditions of inspection, operation, and maintenance with the District and any other maintenance partners. Facilities must be constructed to District standards, and District plan check and inspection will be required for District acceptance. Plan check, inspection, and administrative fees will be required. All regulatory permits (and all documents pertaining thereto, e.g., Habitat Mitigation and Monitoring Plans, Conservation Plans/Easements) that are to be secured by the Applicant for both facility construction and maintenance shall be submitted to the District for review. The regulatory permits' terms and conditions shall be approved by the District prior to improvement plan approval, map recordation, or finalization of the regulatory permits. There shall be no unreasonable constraint upon the District's ability to operate and maintain the flood control facility(ies) to protect public health and safety. (If applicable).
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BUILDING DEPARTMENT CONDITIONS
53. A legal address assigned by the Building Division will be required prior to submittal of any plan check documents to the Building Division. Please coordinate directly with Building for required application, fees, and documentation required. This address must be posted on the site at all times.
54. Address shall be posted in a manner approved by the Fire Chief of Riverside County or the Fire Chief's designee.
55. The proposed use requires construction drawings to be submitted to the Department of Building and Safety for plan review, building permits and building inspections.
56. Provide note on plans that "Dig Alert (811) shall be contacted prior to any excavation in accordance with government code section 4216".
57. All new structures shall be designed in conformance to the latest design standards adopted by the State of California in the California Building Standards Code, Title 24, California Code of Regulations (CBC, CRC, CEC, CMC, CPC and Green Building Standards) and City of Beaumont Ordinances including requirements for allowable area, occupancy separations, fire suppression systems, etc.
58. The proposed shopping center and associated construction requires construction drawings to be submitted to the Building Department for plan review, building permits and inspections.
59. Access, sanitary facilities, and parking shall comply with Title 24 Accessibility Requirements with the currently adopted California Building Code for Common Use Areas.
60. At least 1 accessible route shall be provided within the site from accessible parking spaces and accessible parking loading zones; public streets and sidewalks; and public transportation stops to the accessible building or facility entrance they serve. If more than 1 route is provided, all routes must be accessible.
61. All on -site water and sewer utilities, up to the property line, shall be shown only on the building department submittal. The building department will inspect on -site utilities.
62. Electronic plan submittals are required and shall be submitted to [email protected]
63. Sites subject to parcel line adjustments shall reflect the existing parcel lines and the proposed parcel lines and the distances to the structure accordingly. Recordation of such lot line adjustments must be received by the City of Beaumont prior to permit final or first occupancy, whichever comes first.
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64. Provide a Preliminary Geotechnical Report which addresses the feasibility of your proposed project. Address any known potential seismic hazards from known mapped faults, earthquake induced landslides, liquefaction zones or any other geologic concerns that might affect the development.
65. Upon plan check submittal and after review of the submitted plans, specifications and documents, additional requirements may be required.
66. The proposed new development is subject to the payment of School Fees as required by law. The applicant is required to submit a Certificate of Compliance from the school district(s) to obtain building permits from the City.
67. Permit fees shall be paid in accordance to the City's adopted fee schedule at the time of building permit issuance).
68. The proposed new development is subject to the payment of Transportation Uniform Mitigation Fee (TUMF).
69. The proposed new development may be subject to the payment of Multiple Species Habitat Conservation Plan (MSHCP).
70. Plans submitted for plan review shall indicate the scope of work proposed. This shall include any walls to be removed, added or spaces created, any proposed lighting, electrical, mechanical, or pluming work, etc.
FIRE DEPARTMENT CONDITIONS
With respect to the planning conditions for the referenced project, the fire department requires the following fire protection measures be provided in accordance with Riverside County Ordinances, the current edition of California Fire Code (CFC) as adopted and amended by the County of Riverside and/or recognized fire protection standards:
71. Fire Protection Water Supplies/Fire Flow - Minimum fire flow for the construction of all buildings is required per CFC Appendix B. Prior to building permit issuance for new construction, the applicant shall provide documentation to show there exists a water system capable of delivering the required fire flow. Specific design features may increase or decrease the required fire flow.
a) Will Serve Letters from the responsible water purveyor are required prior to a map recordation.
72. Fire Protection Water Supplies/Hydrants - The minimum number of fire hydrants required, as well as the location and spacing of fire hydrants, shall comply with CFC Appendix C and NFPA 24. Fire hydrants shall be located no more than 400 feet from all portions of the exterior of the building along an approved route on a fire
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apparatus access road, unless otherwise approved by the fire department. In areas where new water mains are extended along streets and hydrants are not needed for protection of structures, standard fire hydrants shall be provided at spacing not to exceed 1,000 feet along streets for transportation hazards. Fire hydrants shall be at least 40 feet from the building it is serving. A fire hydrant shall be located within 20 to 100 feet of the fire department connection for buildings protected with a fire sprinkler system. The size and number of outlets required for the approved fire hydrants are 4" x 2 1/2" x 2 1/2" (super hydrant). Reference CFC as amended and NFPA 24.
73. Fire Department Access - Fire apparatus access roads shall be provided within 150 feet of all exterior portions of buildings, unless otherwise approved by the fire department. Fire apparatus access roads shall have an unobstructed width of no less than 24 feet. Dead-end fire apparatus access roads exceeding 150 feet in length shall provide an approved turn around. For developments within the LRA VHFHSZ, the minimum required turning radius of a fire apparatus access road is 74 feet outside radius and 50 feet inside radius. See California Code of Regulations Title 14 Section1273.04. The construction of the fire apparatus access roads shall be all weather and capable of sustaining 80,000 lbs. Unless otherwise approved, the grade of a fire apparatus access road shall not exceed 16 percent, and the cross slope shall not exceed 2.5 percent. The angles of approach and departure for fire apparatus access roads shall be a maximum of 6 percent grade change for 25 feet of approach/departure. Reference CFC as amended and Riverside County Fire Department Policies and Standards.
a) Fire Lane marking: Identification and marking of fire lanes, including curb details and signage, shall comply with all Riverside County Fire Department Standards.
74. Fire Department Access Turn Around — On -parcel dead-end fire apparatus access roads exceeding 150 feet in length shall provide a bulb turnaround at the terminus measuring a minimum of 45 feet outside radius and 24 feet inside radius. For development within the LRA VHFHSZ, the bulb turnaround at the terminus shall be 45ft. Parallel parking around the perimeter of the bulb is acceptable provided the bulb outside turning radius is increased by 8 feet. In -lieu of a bulb, a hammer -head type turnaround is acceptable where the top of the "T" dimension is 120 feet with the stem in the center. Additional turnaround designs may be acceptable as approved by the Fire Department. Reference CFC as amended and Riverside County Fire Department Policies and Standards.
75. Addressing- All commercial buildings shall display street numbers in a prominent location on the address side and additional locations as required. Reference CFC as amended. Ref. CFC 505.1 and County of Riverside Office of the Fire Marshal Standard #07-01.
76. Secondary Access — Unless otherwise approved by the Fire Department, dead
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end fire apparatus access roads shall not exceed 600 feet for Very High Fire Hazard Severity Zone and High Fire Hazard Severity Zone areas. Secondary egress/access fire apparatus access roads shall provide independent egress/access from/to the area or as otherwise approved by the Fire Department. Secondary egress/access fire apparatus access roads shall be as remote as possible from the primary fire apparatus access road to reduce the possibility that both routes will be obstructed by a single emergency. Additional fire apparatus access roads based on the potential for impairment by vehicle. congestion, condition of terrain, climatic conditions, anticipated magnitude of a potential incident, or other factors that could limit access may be required by the Fire Department. Reference CFC as amended and Riverside County Fire Department Policies and Standards.
77. Fire Department Building Construction Plan Review - Submittal of construction plans to the Fire Department will be required. Final fire and life safety conditions will be addressed when the Fire Department reviews the plans. These conditions will be based on California Fire Code, California Building Code (CBC), and related codes/standards adopted at the time of construction plan submittal. Reference CFC as amended.
78. Fire Sprinkler System - All new commercial buildings and structures 3,600 square feet or larger will be required to install a fire sprinkler system. Reference CFC as amended.
79. Fire Alarm and Detection System - A water flow monitoring system and/or fire alarm system may be required as determined at time of building construction plan review.
Reference CFC as amended.
80. This project is subject to the updated state -mandated Fire Hazard Severity Zones and will fall into the Very High and High Fire Hazard Severity Zones once locally adopted by ordinance. This project is subject to the adopted building code requirements and fire protection plan and/ or fuel modification plan requirements for the applicable zone at the time of building permit application.
81. Hazardous Vegetation and Fuel Management Plan - Projects in the Local Responsibility Area, Very High Fire Hazard Severity Zone, and the State Responsibility Area Very High, High, and Moderate Fire Hazard Severity Zones shall provide a Hazardous Vegetation and Fuel Management Plan to be reviewed and approved by the Fire Department. A preliminary plan shall be provided to and approved by the Fire Department prior to any new parcel map recordation. A final plan shall be provided prior to grading permit clearances. Reference CFC as amended.
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82. Materials and Construction Methods for Exterior Wildfire Exposure - Projects in the Local Responsibility Area, Very High Fire Hazard Severity Zone, and the State Responsibility Area Very High, High, and Moderate Fire Hazard Severity Zones shall comply with Chapter 7A of the California Building Code and California Code of Regulations, Title 14 Fire Safety Regulations. Reference CFC as amended.
83. Traffic Calming Devices - Requests for installation of traffic calming designs/devices on fire apparatus access roads shall be submitted and approved by the Fire Code Official. Reference CFC as amended.
84. Gate Access - All electronically operated gates shall be provided with Knox key switches and automatic sensors for access. These gates shall be provided with access to gate equipment or another method to open the gate if there is a power failure. (Manual gates shall not be locked unless a Knox padlock or Knox Box containing the key to the lock is installed in an approved location on the approach side of the gate). A pedestrian gate, if used to provide access, shall be a minimum 3 feet wide and provided with a Knox Box/Padlock if locked. Reference CFC as amended.
85. Fire Department Access Doors — If high piled storage will be utilized in the building, Fire Department Access Doors may be required every 150 feet along all portions of the interior of the building that are along the fire apparatus access road. Reference CFC as amended.
86. Water Plans - If fire hydrants are required to be installed, applicant/developer shall furnish the water system fire hydrant plans to the Fire Department for review and approval prior to building permit issuance. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow.
Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. Reference CFC as amended.
87. Emergency Responder Communication Coverage Systems - Projects that do not meet the exceptions set forth by the Riverside County Office of the Fire Marshal shall provide plans for an emergency responder radio coverage system. Reference CFC as amended and Riverside County Fire Department Policies and Standards.
Prior to Grading
88. Water Plans -Fire
The applicant or developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by the local
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water company, the originals shall be presented to the Fire Department for signature.
89. Hazardous Vegetation and Fuel Management Plan -Fire Projects in the Local Responsibility Area Very High Fire Hazard Severity Zone and the State Responsibility Area Very High, High, and Moderate Fire Hazard Severity Zones shall provide a FINAL Hazardous Vegetation and Fuel Management Plan to be reviewed and approved by the Fire Department. Contact our office for submittal instructions.
90. Fire Access Road Improvements -Fire
The applicant shall submit Precise Grading Plans identifying on -parcel Fire Access Road improvements to all structures in compliance with Fire Department Standards.
Prior to Permit
91. Phased Construction Access and Water Supply -Fire
If construction is phased, an approved phasing plan shall be approved by the Fire Department. Each phase shall provide approved access and water supply for fire protection prior to any construction. Contact our office for submittal instructions.
92. No Build Prior to Access Road Improvements
No construction permits for any of the parcels exceeding 5 -acres shall be approved prior to improvements to the off -site Access Road (dedicated/non-dedicated) to be utilized for Fire Access, as detailed on the recorded map, to the minimum standards outlined in Riverside County Ordinance 460 and 461. The responsibility to complete the design and construction improvements of the Access Road(s) leading to the parcel proposed for construction, shall be the responsibility of the parcel owner/developer seeking building construction permits.
93. Hazardous Vegetation and Fuel Management Plan Inspection Verify if an inspection of the requirements of the final Hazardous Vegetation and Fuel Management Plan is required before permit issuance, in accordance with the report document. Contact our office for instructions regarding this inspection.
94. Fire Department Plan Review -Fire
Submittal of construction plans to the Fire Department will be required. This will require a separate permit application submitted directly to the Fire Department. This shall include a full site plan including all fire apparatus access roads. Final fire and life safety conditions will be addressed when the Fire Department reviews these plans. These conditions will be based on California Fire Code, California Building Code (CBC), and related codes/standards adopted at the time of construction plan submittal. Contact our office for submittal instructions.
95. Bulk Storage/Use of Hazardous Materials and H Occupancies -Fire
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A Hazardous Materials Technical Report shall be provided to and approved by the Fire Department. Contact our office for submittal instructions.
Prior to Final
96. Hazardous Vegetation and Fuel Management Plan Inspection -Fire Inspection of the requirements of the FINAL Hazardous Vegetation and Fuel Management Plan is required before final Inspection. Contact our office for instructions regarding this inspection.
97. Emergency Responder Radio Communication Compliance -Fire Inspection of and function testing of the site -specific impacts to the regional Emergency Responder Radio Communication System without repeater installations, is required at a time in the development that all walls, floors, roofs, and un-stocked fixtures are installed.
The results of the testing shall determine if there are critical impacts to the regional radio system and the need for any mitigations within a specified timeline of the development completion.
POLICE DEPARTMENT
98. The applicant shall comply with all applicable local, county, state and federal regulations.
99.AII exterior lighting on the site shall remain fully functional and be kept on during all hours of darkness. Exterior lighting shall be sufficient to illuminate the property during all hours of darkness.
Any proposed outside lighting shall be in compliance with the City's Lighting Ordinance, Chapter 8.50, of the City of Beaumont Municipal Code.
100. There shall be no loitering permitted on the premises. It is the responsibility of the applicant to enforce no loitering. 101. The applicant has the option to have security cameras operating at all times. Security cameras should be located in key areas in and around the development, including the parking lot area. All images must be recorded and retained for at least 30 days.
102. The address of each individual building/suite shall be clearly visible from the front of the building and shall be illuminated during the hours of darkness. It shall be clear to first responders the building address/unit.
103. Graffiti shall be removed immediately. It is recommended to use materials that are less desirable for graffiti. Where permitted by the
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Planning Department, it is recommended to cover appropriate fencing/walls (block wall, etc.) with vines to discourage graffiti. 104. Landscaping on the premises shall be trimmed below three feet (bushes, ground cover, etc.) and above six feet (tree canopies). All bushes located in front of a window need to be trimmed below the bottom of the window. A "V" pattern to the bushes allows for visibility. These requirements are to provide clear visibility throughout the property.
105. The applicant shall ensure that all gates are installed with an approved means of emergency operation and said gates shall be maintained operational.
All locked gates require a Knox Key Switch or Knox Pad -lock. Contact the Beaumont Police Department to obtain the Knox Box application. 106. Trash enclosures shall be locked and secured.
107. The applicant has the option for License Plate Reader (LPR) cameras to be installed and maintained by the applicant, at each entrance/exit driveway and/or roadway leading into the development to assist law enforcement with detouring and apprehension of subjects involved in criminal activity. Contact the Beaumont Police Department to obtain additional information at the time of construction.
108. At Applicant's discretion, set aside office space within the development for Beaumont Police Department to utilize. The office space would allow police officers the ability to complete paperwork/reports, respond quickly to calls for service, and detour criminal activity within the retail development.
PUBLIC WORKS - PP2024-0059
GENERAL
1. The following is a non -inclusive list of items that may be required by the Public Works Department:
A. Plans:
a. Street Improvement Plan
b. Sewer Improvement Plan
c. Storm Drain Improvement Plan
d. Landscape Plan (Offsite)
e. Rough Grading Plan
f. Precise Grading Plan
g. Retaining Wall Plan (for line and grade only)
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h. Erosion Control Plan
i. Traffic Control Plan
B. Reports and Studies:
a. Geotechnical Report
b. Stormwater Pollution Prevention Plan (SWPPP)
c. Final Hydrology and Hydraulics Report
d. Final Water Quality Management Plan (WQMP)
e. Offsite Improvement Engineer's Cost Estimate (ECE)
f. Grading & Pad Certification
g. Compaction Report
C. Permits and Agreements:
a. Permission to Grade and Construction Agreements
b. WQMP Covenant and Agreement
c. City Grading Permit
d. City Dirt Haul Permit
e. City Encroachment Permit
f. Performance Bond
g. Labor and Material Bond
h. Maintenance Bond
D. Survey Documents
a. Easement Dedications
b. Corner Record
c. Record of Survey
E. Fees: Prior to obtaining a building permit the Applicant shall pay all applicable development fees as indicated on the fee schedule, current at the time of permit, available from the City.
2. The design of public infrastructure elements shall conform to the requirements of the City of Beaumont General Plan, Water Quality Management Plan, Master Plans, City of Beaumont Municipal Code and Standards, Riverside County Transportation Department (RCTD) Road Standards & Specification, Riverside County Flood Control Standards, RCTD Map Preparation Manual, Eastern Municipal Water District (EMWD), Caltrans Standard Specifications, and the Standard Specifications for Public Works Construction, current edition, as required by the Public Works Department.
3. All required plans and studies shall be prepared by a Registered Professional Engineer, Registered Professional Geologist, or Registered Professional Surveyor in the State of California, and submitted to the Public Works Department for review and approval.
4. The Applicant shall coordinate with affected utility companies and obtain any permits
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as necessary for the development of this project.
5. The Applicant is responsible for resolving any conflicts with existing or proposed easements. All easement(s) of record and proposed easements shall be shown on the grading plan and improvement plans, where applicable.
6. The Applicant shall obtain an Encroachment Permit, as required, for all work within the public right-of-way.
7. The Applicant, at its sole expense, shall obtain all right-of-way or easement acquisitions necessary to implement any portion or condition of this project, including public improvements, off -site grading & construction, offsite street requirements, offsite sewer requirements, storm drain improvements, or any other requirement or condition.
8. All water quality basin facilities shall be private and maintained by the property owner(s).
9. All storm drains shall be private and maintained by the property owner(s).
10. Concrete slope protection and scour wall improvements along Noble Creek shall be located on -site and maintained by the property owner(s).
SURVEYING AND MAPPING
11. PRIOR ISSUANCE OF A BUILDING PERMIT: The Applicant shall obtain City approval of Lot Line Adjustments (LLA) to modify the property parcel lines as shown on the approved grading plans. The LLA shall be recorded with the Riverside County Recorder's Office, and proof of recordation shall be obtained by the Public Works Department.
12. PRIOR ISSUANCE OF AN ENCROACHMENT PERMIT: The Applicant shall provide all right-of-way dedications necessary for the construction of all streets, per separate instrument, including but not limited to:
A. Oak Valley Parkway is classified as a Modified Urban Arterial Highway (139 -feet ultimate right-of-way), per the City of Beaumont General Plan (2040) Mobility Element. The Applicant shall dedicate all additional right-of-way necessary to achieve 64 -feet half -width right-of-way, as measured perpendicular to the centerline of the record.
B. Oak Valley Parkway half -width right-of-way dedication shall accommodate a 14 - foot -wide raised median, three eastbound through lanes, a 6 -foot curb adjacent sidewalk, a 3 -foot parkway, and a Class 2 bike lane, as indicated in RCTD Standard No. 91.
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C. Oak Valley Parkway half -width right-of-way dedication shall extend beyond the project boundary to approximately 700 -feet east of Oak View Drive centerline, also being the east property line of parcel identified as APN 414-070-008.
13. PRIOR ISSUANCE OF AN ENCROACHMENT PERMIT: The Applicant shall dedicate an easement for public road purposes along the frontage of the project site, as necessary to ensure continuous, unobstructed public pedestrian access. The easement shall include the full width of any proposed public sidewalk that extends into the property.
14. PRIOR ISSUANCE OF AN ENCROACHMENT PERMIT: The Applicant shall dedicate right-of-way at the southwest and southeast corners of the intersection of Oak Valley Parkway and Golf Club Drive to accommodate property line corner cutbacks per RCTD Standard No. 805.
15. PRIOR TO START OF CONSTRUCTION: Where survey monuments exist, such monuments shall be protected or shall be referenced and reset, pursuant to the Business and Professions Code, Sections 8700 to 8805 (Land Surveyors Act).
16. PRIOR TO THE START OF CONSTRUCTION: The Applicant shall have the property corners identified and clearly flagged. Any missing or obliterated corners shall be reestablished and set in accordance with the Land Surveyors Act and Professional Land Surveying Practices. All right-of-way dedications shall be monumented. As necessary, a Corner Record or Record of Survey shall be filed with the County of Riverside.
17. PRIOR TO START OF CONSTRUCTION: The Applicant shall provide an easement over, across, and which provides ingress and egress to all private water quality, stormwater, and drainage basins, to be dedicated to the City, for ingress, egress, and right to inspect unless otherwise directed by the Public Works Department.
18. PRIOR ISSUANCE OF ANY OCCUPANCY PERMIT (COO): Monuments shall be provided per Section 8771 of the Business and Professions Code. Crossties shall be set on top of curbs and tie sheets shall be submitted to the Public Works Department.
STREET IMPROVEMENTS
19. PRIOR TO START OF CONSTRUCTION: All public improvement plans associated with the project and necessary for the complete construction of off -site facilities shall be approved.
20. PRIOR TO START OF CONSTRUCTION: The Applicant shall provide securities guaranteeing the payment of the cost for all public improvements. The securities shall include Faithful Performance and labor and materials for 100% of the approved Engineer's Cost Estimate (ECE). Streets (including striping, signing, lights, and landscaping), sewer, and storm drain improvements shall have individual and separate
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security.
21. PRIOR TO START OF CONSTRUCTION: The Applicant shall prepare and fully execute a Subdivision Improvement Agreement (SIA) or other agreement acceptable to the City. A SIA shall be on the City approved form.
22. PRIOR TO ACCEPTANCE OF ANY PUBLIC STREET IMPROVEMENT OR PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The Applicant shall underground all existing utilities located on, extending across, or coincident with the project boundary and as necessary to transition to existing facilities per Beaumont Municipal Code Section 12.18.030. Should any overhead utility be exempt from underground, the Applicant shall relocate the utility and appurtenances as needed for the safe and equitable operation of other improvements.
23. PRIOR TO ACCEPTANCE OF ANY PUBLIC STREET IMPROVEMENT OR PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The Applicant shall complete all half -width improvements along Oak Valley Parkway, coincident with the project boundary and as necessary to safely transition to the existing improvements. All transitions to existing improvement shall occur outside the project boundary. The improvements shall conform to modified RCTD Standard No. 91 and shall include:
A. 8" curb and gutter
B. 6' wide curb adjacent sidewalk
C. 14' wide raised median
D. All half -width improvements shall extend beyond the project boundary to approximately 700 -feet east of Oak View Drive centerline, also being the east property line of parcel identified as APN 414-070-008.
E. Street sections shall accommodate three eastbound through lanes and a Class 2 bike lane along Oak Valley Parkway.
F. Street structural sections shall be designed with a Traffic Index per the soil engineer's recommendations (10.0 minimum). Preliminary soil investigations shall be used by the Engineer to determine an appropriate R -value, and the pavement and base thickness based on the established Traffic Index. In no case shall the minimum pavement section be less than the requirements of Riverside County Road Standard Specifications Section 8.05.
G. All saw cuts and joining of existing AC paving shall be per the city's pavement restoration details.
24. PRIOR TO ACCEPTANCE OF ANY PUBLIC STREET IMPROVEMENT OR PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The Applicant shall perform a minimum 0.17' mill and overlay along Oak Valley Parkway from street centerline and/or edge of raised median to edge of existing pavement, coincident with the project boundary and extending beyond the project boundary to the end of the lane reduction, approximately 700 -feet east of Oak View Drive centerline and also being the east property line of parcel identified as APN 414-070-008. Prior to overlay, the Applicant
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shall provide a letter from the Geotechnical Engineer verifying that the existing Aggregate Base (AB) and subgrade meet the minimum requirements of Riverside County Road Standard Specifications Section 8.05. The Applicant shall be responsible for meeting the Specifications requirement in the event of non-compliance. The overlay is to be applied after all other construction has occurred.
25. PRIOR TO ACCEPTANCE OF ANY PUBLIC STREET IMPROVEMENT OR PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): Lane reduction transition markings shall be provided along Oak Valley Parkway between Oak View Drive and 700 -feet east Oak View Drive, also being the east property line of parcel APN 414-070- 008. The transition taper length for the lane reduction shall be in conformance with CA MUTCD requirements. Along the taper, install delineators per CA MUTCD. Diagonal crosshatch markings shall be provided from edge of tapered lane to edge of new gutter.
26. PRIOR TO ACCEPTANCE OF ANY PUBLIC STREET IMPROVEMENT OR PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): Construct an AC berm starting at the easterly end of the new 8" curb and tying into the existing curb along Oak Valley Parkway.
27. PRIOR TO ACCEPTANCE OF ANY PUBLIC STREET IMPROVEMENT OR PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The Applicant shall replace any sidewalk, curb, and gutter, drive approach, AC pavement, or other improvement damaged during construction as determined necessary by the Public Works Department.
28. PRIOR TO ACCEPTANCE OF ANY PUBLIC STREET IMPROVEMENT OR PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The Applicant shall satisfy all improvements and mitigation measures identified in the approved Traffic Impact Analysis (TIA), including but not limited to:
A. Installation of a traffic signal at the intersection of Desert Lawn Drive and Oak Valley Parkway.
B. Pay Transportation Uniform Mitigation Fee (TUMF) to satisfy the requirement to widen and restripe the north leg of the intersection of I-10 EB Ramps at Oak Valley Parkway to provide an exclusive southbound left -turn lane and modify the existing traffic signal.
C. Pay TUMF to satisfy the requirement to widen and restripe the west leg of the intersection of I-10 EB Ramps at Oak Valley Parkway to provide an exclusive eastbound right -turn lane and modify the existing traffic signal.
D. Pay TUMF to satisfy the requirement to widen and restripe the south leg of the intersection of I-10 WB Ramps at Oak Valley Parkway to provide an exclusive northbound left -turn lane and modify the existing traffic signal.
E. Installation of a traffic signal at the intersection of Elm Avenue at Oak Valley Parkway. Intersection improvements shall include striping crosswalks on all legs.
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F. At intersection of Golf Club Drive at Oak Valley Parkway, the following improvements shall be completed:
1. Construct the south leg of the intersection and provide dual exclusive northbound left -turn lanes, a shared northbound through/right-turn lane, and two inbound lanes.
2. Restripe the north leg of the intersection to provide a southbound through lane.
3. Widen and restripe the west leg of the intersection to provide two additional eastbound through lanes and an exclusive eastbound right -turn lane.
4. Widen and restripe the east leg of the intersection to provide an exclusive westbound left -turn lane and two additional eastbound departure lanes.
5. Modify the existing traffic signal for eight -phase operation.
6. Stripe crosswalks on the south and east legs.
G. At intersection of Oak Valley Plaza at Oak Valley Parkway, the following improvements shall be completed:
1. Construct the south leg of the intersection and provide an exclusive northbound left -turn lane, a shared northbound through/right-turn lane, and one inbound lane.
2. Restripe the north leg of the intersection to provide convert the exclusive southbound right -turn lane to a shared southbound through/right-turn lane.
3. Widen and restripe the west leg of the intersection to provide one additional eastbound through lane and a shared eastbound through/right-turn lane.
4. Widen and restripe the east leg of the intersection to provide an exclusive westbound left -turn lane and two additional eastbound departure lanes.
5. Modify the existing traffic signal for eight -phase operation.
6. Stripe crosswalks on the south and east legs.
H. At intersection of Oak View Drive at Oak Valley Parkway, widen and restripe the west leg of the intersection to provide two additional eastbound through lanes.
Widen and restripe the east leg of the intersection to provide two additional eastbound departure lanes. Modify the existing traffic signal. Stripe a crosswalk on the east leg.
I. At Project Driveway 1 at Oak Valley Parkway, construct the south leg of the intersection and one inbound lane. Widen and restripe the west leg of the intersection to provide one additional eastbound through lane and one exclusive eastbound right -turn lane. Widen and restripe the east leg of the intersection to provide two additional eastbound departure lanes.
29. PRIOR TO ACCEPTANCE OF ANY PUBLIC STREET IMPROVEMENT OR PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The Applicant shall install public streetlights along the project frontage of perimeter streets, per City of Beaumont approved Street Lighting Specifications. The Applicant shall obtain Specifications from the Public Works Department prior to submitting street light plans. Solar powered streetlights shall not be allowed.
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30. PRIOR TO ACCEPTANCE OF ANY PUBLIC STREET IMPROVEMENT OR PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The Applicant shall design and install offsite landscaping and supporting irrigation system. All irrigation and landscaping associated with this project will be privately maintained. The landscape within the public right-of-way shall occur on a separate plan set from the on -site landscaping.
GRADING AND DRAINAGE IMPROVEMENTS
31. PRIOR TO ISSUANCE OF A GRADING PERMIT: The Applicant shall design the drainage facilities to capture and convey the 100 -year storm event.
32. PRIOR TO ISSUANCE OF A GRADING PERMIT: The Applicant shall design the drainage facilities to collect and convey all on -site drainage flows in a manner consistent with the historic drainage pattern and discharge in a manner that will not increase damage, hazard, or liability to adjacent or downstream properties.
33. PRIOR TO ISSUANCE OF A GRADING PERMIT: The Applicant shall obtain a National Pollutant Discharge Elimination System (NPDES) Construction General Permit for stormwater discharges associated with construction activities as required by the California Water Resources Control Board.
34. PRIOR TO ISSUANCE OF A GRADING PERMIT: a WQMP covenant and Agreement shall be fully executed and recorded.
35. PRIOR TO ISSUANCE OF A GRADING PERMIT: A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared and submitted to the California Water Resources Control Board. The developer shall be responsible for implementation, monitoring, operation, and maintenance of the SWPPP until all improvements have been accepted by Public Works Department or construction is complete, whichever is later.
36. PRIOR TO ISSUANCE OF A GRADING PERMIT: A copy of the Notice of Intent (NOI) and Waste Discharge Identification (WDID) number from the State Water Resources Control Board shall be provided to the Public Works Department.
37. PRIOR TO ISSUANCE OF GRADING PERMIT: The Applicant shall adhere to all Federal Emergency Management Agency (FEMA) regulations and requirements if existing drainage patterns are affected by this development. The Applicant shall submit to the City and any governing Federal agency for review and approval of all necessary calculations.
38. PRIOR TO ISSUANCE OF A GRADING PERMIT: The Applicant shall design all storm drains, catch basins, and stormwater structures with trash capture devices per City of
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Beaumont Standard.
39. PRIOR TO ISSUANCE OF A GRADING PERMIT: The Applicant shall design temporary drainage facilities and erosion control measures to minimize erosion and silt deposition during the grading operation.
40. CONCURRENT WITH GRADING OPERATIONS: Any grading and/or utility excavations and backfilling, both on and off -site, shall be done under the continuous direction of a licensed geotechnical/civil engineer who shall obtain all required permits and submit reports on progress and test results to the Public Works Department for review and approval as determined by the City. Upon completion of all soil -related work, the geotechnical engineer shall submit a final report to the Public Works Department for review and approval, which may require additional tests at the expense of the Applicant.
STORM DRAIN IMPROVEMENTS
41. PRIOR TO ACCEPTANCE OF ANY PUBLIC STREET OR STORM DRAIN IMPROVEMENT OR PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO):
The Applicant shall design and construct off -site drainage facilities along Oak Valley Parkway near the northwest corner of the project boundary. The facilities shall include:
A. A headwall at the existing corrugated metal storm drain. The headwall shall be surrounded by riprap. Applicant shall verify with Caltrans that the easterly storm drain pipe is no longer is use and shall be cutback with no headwall necessary.
B. Riprap to convey surface flows from Oak Valley Parkway to the existing Caltrans streamline. Riprap shall surround the open concrete channel along Oak Valley Parkway and shall cover the drainage area bound by the west property line.
C. Protect in place the concrete curb surrounding the existing SCE equipment adjacent to the riprap.
D. All riprap shall be 1/4 ton minimum size and partially grouted.
E. Design of storm drain improvements shall be subject to the approval of the Public Works Department.
F. Design shall be subject to Caltrans review. Applicant shall provide a copy of Caltrans comments and/or approval.
42. PRIOR TO ACCEPTANCE OF ANY PUBLIC STREET OR STORM DRAIN IMPROVEMENT OR PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO):
All storm drain manhole rims shall be set flush with the finished surface Per the City of Beaumont's paving and manhole cover detail.
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SEWER IMPROVEMENTS
43. PRIOR TO APPROVAL OF IMPROVEMENT PLANS AND COMMENCEMENT OF CONSTRUCTION FOR ANY PUBLIC SEWER IMPROVEMENT: The Applicant shall submit and obtain City approval of grading, utility, and site wall plans that show all onsite improvements including sewer mains, manholes, interceptors, and vehicle access improvements meeting applicable codes & standards to preserve continued vehicle access from Oak Valley Parkway to the Noble Creek Lift Station located at 1899 W. Oak Valley Parkway. Said vehicle access shall include, without limitation, an access road capable of being driven on by fire engine trucks, combo vacuum trucks, cement trucks, crane trucks, and tractor trucks with flatbed trailers capable of carrying 20 ft sections of pipe. Said vehicle access improvements shall be located on the Applicant's site and no portion of these improvements shall be located on the City's existing easement without City approval. Regarding vehicle access improvements, Applicant shall design improvements that satisfy all the relevant geometric parameters including minimum turning radius and corner site distance of the aforementioned vehicles. Further, if access improvements are to be ramped or sloped to the existing elevation of the Noble Creek Lift Station, Applicant shall design improvements that satisfy the maximum slope, maximum approach angle, and maximum departure angle of each of the aforementioned vehicles in accordance with AASHTO design standards.
Said improvements including vehicle access improvements shall be designed in accordance with applicable codes and standards including AASHTO design standards and the improvement plans are subject to review and approval by the City.
44. PRIOR TO ISSUANCE OF A GRADING PERMIT AND ISSUANCE OF
ENCROACHMENT PERMIT AND COMMENCING ANY GRADING OR
SITEWORK: The Applicant shall submit a construction management plan acceptable to the City that preserves at all times vehicle access from Oak Valley Parkway to the Noble Creek Lift Station located at 1899 W. Oak Valley Parkway. Said vehicle access shall include, without limitation, an access road capable of being driven on by fire engine trucks, combo vacuum trucks, cement trucks, crane trucks, and tractor trucks with flatbed trailers. Applicant shall also provide a minimum 55 -feet wide truck turnaround easement area such that the aforementioned vehicles can drive forward to enter and exit the existing easement.
45. PRIOR TO ISSUANCE BY THE CITY OF A CERTIFICATE OF OCCUPANCY (CCO) FOR THE FIRST BUILDING IN THE PROJECT: Applicant shall construct improvements including vehicle access improvements in accordance with City approved plans and at all times thereafter maintain onsite vehicle access improvements to and from the easement where the Noble Creek Lift Station is located.
46. PRIOR TO ACCEPTANCE OF ANY PUBLIC STREET OR SEWER IMPROVEMENT AND PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The Applicant shall dedicate: a minimum 20 -feet wide (or larger if required by the City, Fire Marshal or other AHJ ) vehicle access easement to and from the existing Noble Creek Lift
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Station originating at Oak Valley Parkway, a 55 -feet wide truck turnaround easement such that vehicles can drive forward to enter and exit from the existing easement where the Noble Creek lift station is located (a portion of said turnaround easement which may comprise the existing easement), a 15 -feet wide vehicle access across the site from Oak Valley Parkway to the existing easement where the Noble Creek Lift Station is located, and a minimum 15 -foot wide easement for all sewer mains and manholes as required per the City of Beaumont's Municipal Code and standards.
47. WITHIN 12 MONTHS AFTER ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The Applicant shall dedicate in fee to the City for public utility purposes a minimum of 40 ft. wide x 160 ft area comprising the existing footprint of the Noble Creek Lift Station located at 1800 W. Oak Valley Blvd.
48. PRIOR TO APPROVAL OF IMPROVEMENT PLANS AND COMMENCEMENT OF CONSTRUCTION OF ANY RETAINING WALLS: The Applicant shall submit plans for any retaining wall or structure adjacent to the Noble Creek Lift Station for review and approval by City. Applicant shall show a minimum setback of retaining wall from the existing Noble Creek Lift Station a minimum of 5 feet such that no portion of the retaining wall and its foundation overhangs, protrudes, or is constructed within the existing easement previously dedicated to the City.
49. PRIOR TO APPROVAL OF IMPROVEMENT PLANS AND COMMENCEMENT OF CONSTRUCTION FOR ANY PUBLIC SEWER IMPROVEMENT: The Applicant shall locate onsite manholes in vehicle circulation paths and not parking spaces such that there is 24/7 access to manholes.
50. PRIOR TO ACCEPT PRIOR TO PLACEMENT OF PAVEMENT OR FINISHED SURFACE: The Applicant shall construct within right of way or a public utilities easement an approximately 100 ft portion of a 2" non -potable water line and install backflow devices from a new meter location on Oak Valley Boulevard to the Noble Creek Lift Station having a horizontal and vertical separation from other utilities in accordance with the requirements of state and local codes and applicable standards.
51. PRIOR TO ACCEPTANCE OF ANY PUBLIC STREET OR SEWER IMPROVEMENT OR PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): All sewer manhole rims and cleanouts shall be set flush with the finished surface and a concrete collar shall be placed around the manholes in accordance with the City of Beaumont's paving and manhole cover detail.
52. PRIOR TO ACCEPTANCE OF ANY PUBLIC SEWER IMPROVEMENT OR PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The Applicant shall repair the sewer trench and restore existing pavement associated with sewer installation per the City of Beaumont's Paving and Trench Repair detail.
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53. PRIOR TO PLACEMENT OF PAVEMENT OR FINISHED SURFACE: The Applicant shall construct all portions of private sewer laterals that encroach or occur within the public right-of-way or public easement. A cleanout shall occur at the right-of-way or public easement boundary per applicable EMWD standard. The lateral shall be sealed to prevent soil and other debris from entering the sewer system.
WATER IMPROVEMENTS
54. PRIOR TO ACCEPTANCE OF ANY PUBLIC STREET IMPROVEMENT OR PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The Applicant shall ensure all water valves and vault covers within paved areas are raised flushed with finished surface and painted after paving is completed.
55. PRIOR TO ACCEPTANCE OF ANY PUBLIC STREET IMPROVEMENT OR PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The Applicant shall ensure all fire hydrants; air vacs and other above ground water facilities are placed outside of sidewalk areas. Water meter boxes and vaults, valve covers, etc. may be placed within sidewalks or paved areas provided such devices are set flush with the finished surfaces and are properly rated for chosen locations.
End of Conditions
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BEAUMONT
RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF BEAUMONT APPROVE
AND ADOPT A PROPOSED DEVELOPMENT AGREEMENT BY AND BETWEEN THE
CITY OF BEAUMONT AND BEAUMONT REGENCY AVG LLC
WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section 65864) of the Government Code of the State of California (herein referred to as the "Statute") authorizes a city to enter into a contract which is called a development agreement in order to establish with certainty what regulations will govern the construction of a development; and WHEREAS, in accordance with the Statute, the City Council of the City of Beaumont (herein referred to as the "City Council") adopted Resolution No. 1987-34 on May 11, 1987, establishing procedures and requirements for the consideration of development agreements (herein referred to as the "City Procedures"); and
WHEREAS, in accordance with the Statute and the City Procedures, the Planning Commission must hold a public hearing for the development agreement and forward a recommendation to the City Council upon making five specific findings as stipulated in Section 301 of the City Procedures; and
WHEREAS, the Planning Commission of the City of Beaumont (the "Planning Commission") received an application for a Development Agreement ("Development Agreement No. 2025-0177) from Beaumont Regency AVG (the "Owner"), for that certain real property located at the southeast corner of Oak Valley Parkway and the San Bernardino (I-10) Freeway in the City of Beaumont, County of Riverside, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"), for the purpose of allowing the Owner to construct a commercial development consisting of approximately 279,941 square feet of retail, restaurant, office and other commercial uses (the "Project"); and
WHEREAS, the Development Agreement (PLAN2025-0177) is proposed in conjunction with a request for (i) Plot Plan Approval PP2024-0059 to permit the construction of one nationally recognized major retailer, one nationally recognized grocer, and several nationally recognized restaurants and shop tenants; (ii) Sign Program Approval PLAN 2024-0157 to permit one freeway pylon sign, two project pylon signs, and two monument signs; (iii) Parking Variance V2024-0019
to reduce the required number of parking spaces required by the Municipal Code; and Open Space Variance V2025-0031 to reduce the amount of open space otherwise required by the Municipal Code (the "Planning Entitlements"); and
WHEREAS, Section 17.070.030.G of the Beaumont Municipal Code currently prohibits the construction, erection or use of any billboards in the City -- billboards being defined as "a permanent sign structure used for the display of offsite commercial messages, other than a directional sign, which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is located, or to which it is affixed"; and
WHEREAS, Owner submitted a request to construct a freeway oriented digital display that brands the City of Beaumont and the shopping center, provides panel space for on -site tenant promotion, and a changeable display for on -site, off -site and City promotional advertising; and WHEREAS, as part of the Development Agreement application, Owner requested relief from the prohibition and requests authorization from the City to construct a freeway oriented digital display that brands the City of Beaumont and the shopping center, provides panel space for on -site tenant promotion, and a changeable display for on -site, off -site and City promotional advertising; and
WHEREAS, the Development Agreement authorizes the digital display subject to conditions of approval and Owner's obligation to obtain separate approval of a sign permit from the Planning Commission approvals from all other entities with jurisdiction including but not limited to Cal Trans, if applicable, and indemnifying and holding the City harmless from any claims related thereto; and
WHEREAS, the Development Agreement and the Planning Entitlements constitute the "Project Approvals"; and
WHEREAS, on May 28, 2025, the Planning Commission conducted a public hearing for and then approved the Project Approvals and adopted a Resolution establishing conditions of approval and making findings pursuant to the California Environmental Quality Act; and WHEREAS, the Property is approximately 29 acres in size, consisting of a portion of a larger parcel assemblage totaling 64 acres -- the Owner proposes to separately process a lot line adjustment to create the Property for the purposes of the Project, also setting aside parcels for conservation purposes and a detention basin; and
WHEREAS, the Property is located in the "CC" Community Commercial zone, and is designated for general commercial land uses by the General Plan; and WHEREAS, the Development Agreement provides for the development of the Project, vests the Land Use Entitlements for a prescribed term, and contributes public funding for off -site public improvements established as a condition of regulatory approval in an amount not exceed the actual costs of said public improvements and where the City maintains no proprietary interest in the overall project in accordance with Labor Code Section 1720; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq. (herein referred to as "CEQA"), the State of California Guidelines for the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations herein referred to as the "CEQA Guidelines"), and the City's CEQA Procedures, the City is the "lead agency" for the preparation and consideration of environmental documents for the Project; and
WHEREAS, a project specific Environmental Impact Report was prepared in February 2007 for a 411,709 square foot general commercial project on a larger 41 -acre project site, and certified by the City Council in April 2007; and
WHEREAS, the City adopted a General Plan and Zoning Update ("2020 GPU"); and certified a Program Environmental Impact Report in October 2020 ("2020 GPU EIR"), enabling the City to consider broad policy alternatives and program -wide mitigation measures with individual project submittals thereby streamlining the approval process; and WHEREAS, State CEQA Guidelines Section 15183 (Public Resources Code §21083.3), provides that projects which are consistent with the development density established by a Community Plan, General Plan, or Zoning for which an environmental impact report (EIR) has been certified "shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site ... this streamlines the review of such projects and reduces the need to prepare repetitive environmental studies;" and
WHEREAS, pursuant to Section 15183(c) of the State CEQA Guidelines, "(i)f an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies
or standards...then an additional EIR need not be prepared for the project solely on the basis of that impact;" and
WHEREAS, the Planning Commission has reviewed the Project and analyzed it based upon the provisions in Section 15183 (Consistency with a General Plan, Community Plan, or Zoning) and Section 15162 (Subsequent EIRs and Negative Declarations) of Title 14 of the California Code of Regulations (State CEQA Guidelines); and
WHEREAS, a Section 15183 Compliance Report ("CEQA Report") was prepared for the Project by Ascent Environmental to evaluate the physical environmental impacts of the Project and the CEQA Report was made available for review on the City's website at www.Beaumont.net; and
WHEREAS, the CEQA Report finds that "because the proposed Project is consistent with the 2020 GPU and because the Project would not result in any new or more severe impacts to the environment beyond what was previously evaluated and disclosed as part of the 2020 GPU EIR, no additional environmental review is required for the proposed Project beyond the analysis and conclusions provided in Section 4 of the CEQA Report"; and WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation Monitoring Reporting Program was prepared for the previous project in 2007 and includes mitigation measures that are both program -wide and specific to the Site, which may apply to the new Project based on the proposed CEQA Section 15183 Exemption; and WHEREAS, the Planning Commission did hold a public hearing in the City of Beaumont on May 28, 2025, at 6:00 p.m., notice of said public hearing having been duly given as required by law, to hear and consider evidence for the Development Agreement and to hear and consider evidence for and against the Project and related actions, and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, which negate the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it.
NOW, BE IT FURTHER RESOLVED that the Planning Commission does hereby recommend that the City Council approve the Development Agreement, in the form presented at this meeting, based upon the following facts and findings:
SECTION 1. Comaliance with the California Environmental Quality Act. The Planning Commission hereby finds and determines that the Project meets the requirements of CEQA Guidelines Section 15183, and as such, no additional CEQA review, such as a Subsequent or Supplemental EIR or MND, is required for the project and that a Notice of Exemption shall be filed with the appropriate agencies.
SECTION 2. Compliance with the Statute and City Procedures. The Planning Commission hereby finds and determines that the Development Agreement complies with the Statute and City Procedures, specifically:
1. The proposed Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan.
2. The proposed Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the applicable zoning district(s) in which the Project is and will be located.
3. The proposed Development Agreement is in conformity with public convenience, general welfare and good land use practice.
4. The proposed Development Agreement is not otherwise detrimental to the health and safety of the citizens of the City of Beaumont.
5. The proposed Development Agreement will not adversely affect the orderly development of property or the preservation of property values.
SECTION 3. Resolution. This Resolution shall take effect immediately upon adoption.
PASSED, APPROVED AND ADOPTED at the regular meeting of the Planning Commission of the City of Beaumont, California, held on the 28th day of May 2025, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF BEAUMONT PLANNING COMMISSION
xxxxxx, Chair
ATTEST:
XXXXXX, Secretary
EXHIBIT A
PROPERTY
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
The City of Beaumont
c/o City Clerk
(SPACE ABOVE THIS LINE RESERVED FOR
RECORDER'S USE)
APNs:
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF BEAUMONT AND
BEAUMONT REGENCY AVG, LLC,
A DELAWARE LIMITED LIABILITY COMPANY
EFFECTIVE DATE: , 2025
84683.001 - 434579.2
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF BEAUMONT AND
BEAUMONT REGENCY AVG, LLC
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into this day of , 2025 by and between the CITY OF BEAUMONT, a municipal corporation ("City"), and Beaumont Regency AVG, LLC, a Delaware limited liability company ("Owner"). This Agreement is made pursuant to the Development Agreement Laws (defined below). This Agreement refers to the City and Owner collectively as the "Parties" and singularly as the "Party."
ty.
RECITALS
1. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted California Government Code Sections 65864-65869.5 (the "Development Agreement Laws") to authorize any city, county or city and county to enter into a development agreement with an applicant for a development project, establishing certain development rights in the property which is the subject of the development project application.
2. Owner has a legal and equitable interest in approximately 28 acres of land consisting of eight (8) parcels located within the north -central portion of the City of Beaumont, Riverside County, California, south of and adjacent to Oak Valley Parkway, approximately 500 feet east of Interstate 10 (I-10), and legally described and depicted on Exhibit "A" attached hereto and incorporated herein by this reference ("Property").
3. Owner desires to develop the Property in accordance with the provisions and requirements of this Agreement and the Project Approvals attached hereto as Exhibit "B" ("Proj ect").
4. This Agreement is voluntarily entered into by Owner to implement the General Plan of the City of Beaumont and in consideration of the rights conferred and the procedures specified herein for the development of the Property. This Agreement is voluntarily entered into by the City in the exercise of its legislative discretion to implement the General Plan and in consideration of the agreements and undertakings of Owner hereunder.
5. On February 12, 2025, the Beaumont -Cherry Valley Water District Board of Directors approved a will -serve letter for water service imposing conditions of approval and authorized the annexation of a portion of the Property into the District's Service Boundary.
6. On , 2025, the Planning Commission of the City of Beaumont ("Planning Commission") approved the following land use related entitlements and development rights via approval of the Plot Plan (PP2024-0059) for an approximately 279,941 SF community retail center; Parking Variance (V2024-0019) and Open Space Variance (V2025-0031) — variances to Beaumont Municipal Code ("BMC") Section 17.05.040 (parking) and BMC Section
17.03.080.G.6 (open space); Master Sign Program (PLAN 2024-0157); and making findings in accordance with the California Environmental Quality Act ("CEQA"), Section 15183 of the 84683.001 -434579.2
Development Agreement
City of Beaumont
CEQA Guidelines (in the aggregate these approvals are referred to herein as the "Planning Entitlements").
7. On , 2025, the Planning Commission adopted Resolution No.
XX making findings required by City Resolution 1987-34 and a recommendation that the City Council of the City of Beaumont ("City Council") adopt the Ordinance approving this Agreement ("Ordinance"). The Planning Entitlements and the Ordinance are referenced in the aggregate as the "Entitlement Applications". The approvals granted as requested by the Entitlement Applications in connection with the development of the Project as intended and proposed are further itemized on Exhibit "B" and are referenced in the aggregate herein as the "Project Approvals".
8. On , 2025, the City Council introduced and adopted the first reading of Ordinance No. XX making findings required by City Resolution 1987-34 and approving this Agreement.
9. On , 2025, the City Council held a second reading and considered and approved this Agreement by adopting Ordinance No. XX.
10. The City has given public notice of its intention to adopt this Agreement, has conducted public hearings thereon pursuant to Govt. Code Section 65867 and the Development Agreement Laws. The City has found that the provisions of this Agreement and its purposes are consistent with the objectives, policies, general land uses and programs specified in the General Plan as amended by the Project Approvals, and that the terms and conditions of this Agreement have undergone extensive review by the City, including the City Council, and have been found to be fair, just and reasonable. The City has further concluded that the pursuit of the Project will promote the health, safety and welfare of the City and its citizens and provide substantial benefits to the City and its residents by, among other things, (a) providing the specific public benefits described below; (b) providing retail opportunities not currently sufficiently available in the community, including retail sales; (c) creating employment opportunities in the commercial, retail sectors; (d) providing new economic benefit to the City and its residents, including new sales tax and property tax revenues that can be used for City services; (e) providing for investment in capital improvements for water, sewer, storm drain, roadway and circulation facilities to further the planned development of land in the City to facilitate local and regional distribution of goods, while minimizing impacts to residents by locating new commercial within a convenient location for residents and visitors.
11. It is the intent of the City and Owner that this Agreement be a legally binding contract which shall prevail over the provisions of any subsequently enacted moratoria, statutes, ordinances, limitations, or other measures, enacted by the City, or under the authority of the City by voter initiative or referendum, and whether or not such initiative, moratorium, referendum, statute, ordinance, limitation, or other measure relates, in whole or in part, to the rate, timing, sequence, or phasing of the development or construction of all or part of the Project or the improvements or affecting parcel or subdivision maps, building permits, occupancy certificates, or other entitlement or authorization to use the Property or to provide utilities which are issued by the City, subject only to the rights and powers reserved to the City under the terms of this Agreement and the requirements of California law.
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12. The Project will require the construction of public and private improvements, some of which improvements will benefit the Project, other property and developments within the vicinity of the Property and the entirety of the City. This Agreement will eliminate uncertainty in planning for and securing orderly development of the Project, provide the certainty necessary for Owner to make significant investments in improvements, assure the timely and progressive installation of necessary improvements, provide significant public benefits to the City and provide public services appropriate to each stage of development. Either of the Parties could easily be discouraged and deterred from making the long-term commitments inherent to the process of developing the Project on the Property. Both Parties desire to enter into this Agreement to reduce and/or eliminate as many development risks and uncertainties as possible.
13. As permitted by law through the City's consideration and approval of the Entitlement Applications filed by Owner and/or by this Agreement, the Parties desire to establish the permitted uses for the Project, and to identify the scope of improvements to be required for the Project and, where appropriate, to provide for the payment of certain fees.
14. This Agreement will promote and encourage the development of the Property by providing Owner, its ground lessees, lenders and investors with a greater degree of certainty of Owner's ability to expeditiously and economically complete the Project and will provide the City, among other things, with certain public benefits that it could not otherwise obtain. The Parties agree that the consideration to be received by the City pursuant to this Agreement and the rights secured to Owner hereunder constitute sufficient consideration to support the mutual and respective covenants and agreements of the Parties.
15. In exchange for the benefits to the City, Owner desires to receive the assurance that it may proceed with the Project in accordance with the existing land use ordinances, subject to the terms and conditions contained in this Agreement and to secure the benefits afforded Owner by the Development Agreement Laws with respect to the Project. These assurances are of vital concern to Owner to offset or remove the disincentives and uncertainties inherent in development of the Project.
AGREEMENT
IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES OF THE PARTIES
CONTAINED HEREIN AND THE FOREGOING RECITALS WHICH ARE INCORPORATED
HEREIN, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE CITY AND OWNER AGREE AS FOLLOWS:
1. General Provisions.
1.1 Definitions. To the extent defined in this Agreement, the terms used in this Agreement shall have the meanings set forth in this Agreement.
1.2 Property Ownership and Binding Covenants. Owner represents that it has a legal or equitable interest in the Property and has the right to enter into this Agreement on behalf of its successors and assigns. The Parties intend and determine that the provisions of this Agreement shall constitute covenants which shall run with said Property, and the burdens and benefits hereof shall bind and inure to all successors in interest of the Parties. In order to provide continued notice thereof, the Parties will record this Agreement in the public records of Riverside 84683.001 - 434579.2
3
County. The word "Owner" as previously defined and used herein shall include each and every successor owner of all or a portion of the Property, or an interest therein, apart from government or quasi -public agencies, who is assigned the rights and responsibilities of all or any portion of this Agreement in accordance with the terms set forth herein, unless and until such Owner is released pursuant to the terms of this Agreement.
1.3 Effective Date and Term.
1.3.1 Generally. The term ("Term") of this Agreement shall commence on the later of (i) the date the Ordinance adopting this Agreement is effective (the "Effective Date") and (ii) the date that the initial Owner identified in the first paragraph above acquires fee title to the Property, and shall continue for a period of ten (10) years thereafter, unless said Term is terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the Parties. Notwithstanding the foregoing, if the Effective Date has not occurred prior to June 30, 2026, and if the City does not elect, in its sole discretion, to further extend that outside date, then this Agreement shall not become effective and it shall be of no force or effect. Each Owner, provided it is not then in material default under this Agreement, shall have the right to extend the Term with respect to the portion of the Property owned by it for an additional five (5) years as to the portion of the Property owned by it by provision of written notice to the City no earlier than one hundred and eighty (180) days and no later than thirty (30) days prior to the expiration of the original Term.
1.3.2 Effect of Termination. Following the expiration of the Term, this Agreement and the Project Approvals shall terminate and be of no further force and effect and to evidence such termination the City and Owner shall cause a written notice of termination to be recorded with the County Recorder; provided that such expiration shall not limit, restrict or waive any of the surviving rights and obligations that have accrued as of the date of that expiration as further provided in Section 14.9 below.
1.4 Equitable Servitudes and Covenants Running With the Land. Any successors in interest to the City and Owner shall be subject to and benefitted by the provisions set forth in Govt. Code Sections 65865.4. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do, or refrain from doing, some act with regard to the development of the Property: (a) is for the benefit of and is a burden upon the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each successor in interest to Owner during ownership of the Property or any portion thereof and upon each successor in interest to the City. Nothing herein shall waive or limit the provisions of Section 1.5, and no successor Owner of the Property, any portion of it, or any interest in it shall have any rights in this Agreement except as Assigned to the successor by Owner in writing pursuant to Section 1.5 below.
1.5 Assignment.
1.5.1 Subject to the other provisions of this Agreement, Owner shall have the right to assign (and each such action is referred to herein as an "Assignment"), in whole or in part, its rights, interests and obligations under this Agreement to a third party during the term of this Agreement (an "Assignee").
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1.5.2 No Assignment shall be effective until the City approves the Assignment pursuant to Section 1.8.2 below. Approval shall not be unreasonably withheld, conditioned or delayed provided the proposed Assignee provides documentation to the City, along with the formal request for approval of Assignment, that shows:
(a) The proposed Assignee (or, at the election of the assigning Owner, the assigning Owner acting as guarantor of Assignee's performance) has the financial ability to meet the obligations proposed to be assigned and to undertake and complete the obligations of this Agreement affected by the Assignment; and
(b) The proposed Assignee has adequate experience with similar developments of comparable scope and complexity to the portion of the Project that is the subject of the Assignment.
Any request for City approval of an Assignment shall be in writing and accompanied by certified financial statements of the proposed Assignee for the three (3) most recent fiscal years and any additional information concerning the identify, financial condition and experience of the proposed Assignee as the City may reasonably request; provided that, any such request for additional information shall be made, if at all, not more than fifteen (15) business days after the City's receipt of the request for approval of the proposed Assignment. If the City decides to disapprove any proposed Assignment, the City shall set forth in writing and in reasonable detail the grounds for such disapproval. If the City fails to respond to such request for approval of the Assignment within thirty (30) days after submission of such request for approval Owner shall submit a second written request in accordance with Section 8 specifically reciting the terms of this paragraph calling for deemed consent in the event of failure to respond and if City continues to fails to approve or disapprove the request, then the City shall be deemed to have consented to such assignment ten (10) days after the receipt of the second notice.
1.5.3 Owner shall have the right, upon at least twenty (20) calendar days prior written notice to the City, to Assign all or any portion of this Agreement to a Lender in connection with the granting, with respect to the Property, of a mortgage or deed of trust, hypothecation, pledge, assignment for security purposes, bond, grant of taxable or tax exempt funds from a governmental agency or other security interest or any documents constituting or relating to a sale - leaseback transaction without the obligation to comply with Section 1.5.2 and without consent of the City, but only for the purpose of securing loans of funds to be used for refinancing any existing encumbrance, or financing the development, construction or operation of improvements on the Property, performance of mitigation and public benefits and other development related to the Property, and other necessary and related expenses including but not limited to payment of fees, taxes and assessments.
1.5.4 Subject to the other applicable requirements of this Section 1.5, Owner shall have the right upon at least ten (10) calendar days prior written notice thereof to City and without the obligation to comply with Section 1.5.2 and without consent of the City: (a) to assign its rights, interests and obligations under this Agreement to an Owner Affiliate, and (b) to assign to any tenant operating on and occupying the Property or any portion thereof the portion of this Agreement applicable to the Property or portion thereof so leased or occupied. Notwithstanding anything in this Agreement to the contrary, nothing herein shall be construed or understood to restrict Owner's right to transfer the Property or any direct or indirect interest therein. For purposes 84683.001 - 434579.2
5
of this Agreement, "Owner Affiliate" means (a) any entity that controls Owner, is controlled by Owner, or is under common control with Owner
1.5.5 Except as otherwise set forth in this Section 1.5.5 or Section 12, or as to the Anchor Tenant as defined in Section 11 following execution of a recorded Assignment of all or any portion of this Agreement, each Assignee shall be an Owner having the rights and obligations of an Owner under this Agreement with respect to the matters assigned, and shall be responsible to complete the improvements within the portion of the Property it acquires which are required to be constructed by such Owner and all related public improvements not then completed required to serve or otherwise required for the operation or use of any completed improvements on such portion of the Property and the Project. In addition, if bonds or other security are then in place to secure obligations under a subdivision map or other obligation and such security is being replaced in connection with such Assignment, Assignee shall provide for the assignment of existing security and bonds or issuance of equal new equal substitute security or bonds prior to the effective date of such Assignment. Upon any Assignment of this Agreement or the rights hereunder approved by the City, the seller, transferor or assignor shall be released of all obligations under this Agreement that relate to the portion of this Agreement and the Property being transferred and, thereafter, City shall look solely to such transferee for compliance by such transferee with the provisions of this Agreement as such provisions relate to the portion of the Property acquired by such transferee. In connection with each such transfer, transferor shall require the Assignee to assume in writing all of the obligations under this Agreement that relate to the portion of the Property being transferred. If any such Assignee defaults under this Agreement, such default shall not constitute a default by the Owner of any other portion of the Property and shall not entitle City to terminate this Agreement with respect to such other portion of the Property or the Owner thereof who is not in default. Each Assignee shall be responsible for the reporting and annual review requirements relating to the portion of the Property with respect to which such transferee is the Owner.
1.6 Notices. Formal written notices, demands, correspondence and communications between the City and Owner shall be sufficiently given if delivered or sent to the Parties by the means and in the manner set forth in Section 8 hereof. Such written notices, demands, correspondence and communications may be directed in the same manner to such other Persons and addresses as either Party may from time to time designate. Owner shall give written notice to the City concurrently with any Assignment of its rights, interests and obligations under this Agreement, setting forth the portion of the Property transferred in connection with such Assignment, the name of Assignee and Assignee's mailing address, the name and address of a single person to whom any notice relating to such Assignee shall be given, the effective date of 84683.001 - 434579.2
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the Assignment and any other information reasonably necessary for the City to take any other action the City is required to take under this Agreement with respect to such Assignment.
1.7 Amendment of Agreement. This Agreement may be amended from time to time by mutual consent of the Parties, in accordance with the provisions of Govt. Code Sections 65867 and 65868, by means of an ordinance adopted by the City Council.
1.8 Major Amendments and Minor Amendments.
L8.1 Major Amendments. Any amendment to this Agreement which affects or relates to (a) the Term of this Agreement; (b) the uses allowed on the Property; (c) provisions for the reservation or dedication of land; (d) conditions, terms, restrictions or requirements for subsequent discretionary actions; (e) the density or intensity of use of the Property or the maximum height or square footage of proposed buildings or other structures or improvements; (f) monetary contributions by Owner or (f) any other substantive change to this Agreement determined to be material by City in its reasonable and good faith judgment, shall be deemed a "Major Amendment" and shall require the giving of notice and approval or disapproval in a public hearing before the Planning Commission and the City Council.
1.8.2 Minor Amendments. The Parties acknowledge that interpretation of the terms of this Agreement or the Project Approvals involving certain minor changes may be appropriate with respect to the details and performance of the Parties under this Agreement ("Minor Amendment"). The Authority to enter into such Minor Amendments, or to take any other actions in the implementation or application of this Agreement, is hereby delegated to the City Manager and the City Manager is hereby authorized to execute any Minor Amendments or take such implementing actions without further City Council action. However, nothing in this Agreement shall be construed to prohibit the City Manager from seeking approval of Minor Amendments or actions in implementation of this Agreement from the City Council, in accordance with the provisions applicable to Major Amendments.
2. Development of the Property.
2.1 Vested Rights; Permitted Uses and Development Standards. Owner shall have the vested right to develop the Project and the Property in the manner, to the extent, for the uses and in accordance with and subject to the terms and conditions of this Agreement, the Applicable Rules and the Project Approvals. In accordance with Government Code Section 65866, "Applicable Rules" means (a) the land use regulations of the City, such as, but not limited to, the General Plan, the Project Approvals and other laws, statutes, ordinances, rules and regulations and official policies governing permitted uses of land, density, design, and improvement and construction standards and specifications applicable to development of the Project on the Property in effect as of the Effective Date, including but not limited to those governing the planning and zoning laws applicable to the Project, and (b) future rules that are not inconsistent with the 84683.001 - 434579.2
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foregoing and made applicable to the Project in accordance with the requirements of this Agreement or which are hereafter agreed to in writing by Owner and the City.
2.2 Subsequent Project Approvals.
2.2.1 Discretionary Approvals. The vested right to develop the Project granted to Owner pursuant to this Agreement may require the Owner to seek subsequent discretionary approvals; provided, that, as set forth in Government Code Section 65865.2, in reviewing and acting upon these subsequent discretionary approvals, the City shall not impose any conditions, terms, restrictions or requirements that preclude the development of the Project for the uses and to the density and intensity of development set forth in the Project Approvals. Any subsequent discretionary approvals, including conditional use permits and plot plan approvals, shall become part of the Project Approvals once approved and after all appeal periods have expired, or, if an appeal is filed, after the appeal is decided in favor of the approval. In reviewing and approving applications for subsequent discretionary approvals, the City shall exercise its discretionary review and may attach such reasonable conditions and requirements as may be deemed necessary or appropriate to carry out the policies, goals, standards and objectives of the General Plan and to comply with legal requirements and policies of the City pertaining to such discretionary approvals, so long as such conditions and requirements do not preclude the uses and/or the density and intensity of use set forth in this Agreement and are not inconsistent with the Applicable Rules. Any such approval shall become subject to all the terms and conditions of this Agreement, shall be treated as a Project Approval, and Owner's right to proceed in accordance with those approvals shall be deemed vested under this Agreement.
2.3 Duration of Maps and Project Approvals. Pursuant to Govt. Code Section 66452.6(a), the duration of all tentative and final maps filed by Owner with respect to the Property or any portion thereof and approved by the City shall remain in effect for the Term of this Agreement and shall terminate concurrently with the termination of this Agreement. Tentative maps, either vesting or non -vesting, may be processed in phases subject to the Applicable Rules and Subdivision Map Act. In addition, all Project Approvals, including all plot plans, conditional use permits and other entitlement permits and approvals issued by the City with respect to the Project shall remain in effect for Term of this Agreement. The term of ministerial permits such as grading permits and building permits shall not be affected by or extended by this Agreement.
2.4 CEQA. The evaluation of environmental impacts for the Project is contained in Environmental Assessment No. ENV2025-0002. Based upon the City's current findings under Section 15183 of the CEQA Guidelines, no further environmental review is required for the Project, and a Notice of Exemption will be filed with the applicable public office or official.
2.5 Development Timing and Phasing.
2.5.1 Generally. The Parties acknowledge that Owner cannot at this time predict with certainty when or the rate at which phases of the Property would be developed. Such decisions depend upon numerous factors which are not all within the control of Owner, such as market orientation and demand, interest rates, competition and other factors. Because the California Supreme Court held in Pardee Construction Co. v. the City of Camarillo, 37 Ca1.3d 465 (1984), that the failure of the Parties therein to provide for the timing of development resulted 84683.001 - 434579.2
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in a later adopted initiative restricting the timing of development controlling the Parties' agreement, it is the intent of the City and Owner to hereby acknowledge and provide for the right of Owner to develop the Project in such order and at such rate and times as Owner deems appropriate within the exercise of its sole and subjective business judgment, subject to the terms, requirements and conditions of the Applicable Rules and the Project Approvals, including but not limited to the infrastructure phasing requirements therein, and this Agreement. The City acknowledges that such a right is consistent with the intent, purpose and understanding of the Parties to this Agreement, and that without such a right, Owner's development of the Project would be subject to the uncertainties sought to be avoided by the Development Agreement Laws and this Agreement.
Owner shall use commercially good faith efforts, in accordance with its sole and subjective business judgment and taking into consideration market conditions and other economic factors influencing Owner's sole and subjective business judgment, to commence or to continue development, and to develop the Project in a regular, progressive and timely manner in accordance with the provisions and conditions of this Agreement and with the Project Approvals, however, Owner shall not, by reason of its entry into this Agreement or commencement of any phase of the Project, have an obligation to commence construction of any phase or portion of the Improvements other than Improvements already commenced and related infrastructure.
2.5.2 Project Not Subject to Restrictions. Subject to Development Agreement Laws, Owner and the City intend that, except as otherwise provided herein, this Agreement shall vest the Applicable Rules and the Project Approvals against subsequent City resolutions, ordinances, growth control measures, initiatives and referenda (other than a referendum on the current Project Approvals that specifically overturns the City's approval of these Project Approvals) that would directly or indirectly limit the rate, timing or sequencing of development, or would prevent or conflict with the land use designations, permitted or conditionally permitted uses on the Property, design requirements, or the density and intensity of uses as set forth in the Project Approvals, and that any such resolution, ordinance, measure, initiative or referendum shall not apply to the Project Approvals and the Project. In the event of a conflict between this Agreement and such subsequent action, this Agreement shall control to the extent of such conflict. The orderly and measured build -out of the Project in accordance with the Applicable Rules will allow for the absorption of the new development into the community and the integration of the Project into the community.
2.5.3 Infrastructure Improvements and Phasing. Consistent with this Agreement and the Project Approvals, each final map shall include a detailed description of the infrastructure improvements, utility easements and other requirements under the map. As necessary for orderly development of the Project, the City may modify the public improvement requirements necessary to serve each phase as shown on particular final maps so long as such modifications substantially comply with the intent of this Agreement and the Applicable Rules.
Owner and City further recognize that economic and market conditions may necessitate changing the order in which the Project infrastructure is constructed, and City and Owner hereby agree that should it become necessary or desirable to develop any portion of the Project's infrastructure in an order that differs from the order set forth in this Agreement, the Project Approvals or any subsequent Project approvals, Owner and City shall meet and confer and City shall permit any such modification reasonably requested by Owner so long as the modification continues to ensure adequate infrastructure is available to serve the improvements on that portion of the Project that is in fact being constructed at that time.
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2.6 Property Acquisition for Offsite Infrastructure. Owner and City shall dedicate and/or make available without further cost or charge, any right of way, utility easement or other property rights over the property they own or control as necessary to construct or otherwise provide the public improvements contemplated by this Agreement and the Project Approvals. Owner and City have confirmed that they do not have any current knowledge that any additional right of way or other property interests required for construction of the public improvements are outside of the ownership or control of the Owner and City.
If, notwithstanding their current understanding that no additional right of way or property interests will be required for the Project, such acquisition does become necessary, Owner shall, in a timely manner as determined by the City and consistent with the requirements of the Project and the conditions of approval for the Project, acquire the property rights necessary to construct or otherwise provide the public improvements contemplated by this Agreement and the Project Approvals. In any instance where Owner is required to construct any public improvement on land within the municipal limits of the City, as the same are determined, and to which neither Owner nor the City has sufficient title or interest, including fee title, an easement, right of way or license determined necessary by the City, Owner shall make reasonable, good faith efforts to acquire such title or interest for at least ninety (90) days. For the purposes of this Section, "reasonable good faith efforts" shall include proof that Owner made a written offer to purchase the property interest at fair market value, in accordance with an appraisal conducted by an MAI appraiser. If Owner is unable to acquire such title or interest despite demonstrating to the City such reasonable, good faith efforts, Owner may request of the City in writing and the City shall, subject to compliance with all applicable laws governing notice, hearing and deliberation, consider the acquisition of such title or interest by condemnation provided Owner funds the cost of such activities in advance.
If the City intends to approve the acquisition of such title or interest by condemnation, Owner shall first be required to enter into a reimbursement agreement with City whereby Owner deposits monies with City to cover all reasonable costs associated with such acquisition or condemnation proceedings including but not limited to attorneys' fees, expert witness fees, cost of the property interest being acquired and jury awards of any kind and all of the legal, appraisal and other costs reasonably incurred by City related to the acquisition of such title or interest by condemnation in accordance with applicable law. Upon acquisition of the necessary interest in land, or upon obtaining a right of entry, either by agreement or court order, Owner shall commence and complete the public improvements. This requirement shall be included, and, if necessary, detailed, in any subdivision improvement agreement entered into between Owner and the City pursuant to Govt.
Code § 66462.
2.7 Fee Credits, Reimbursement and Incentive Payment
2.7.1 Traffic and Transportation Improvements. As a condition to issuance by the City of a certificate of occupancy for the first building in the Project, to offset impacts from the Project due to vehicular traffic and other causes and as specifically provided in the conditions of approval for the Project, Owner shall construct the traffic, transportation, and related improvements listed on Exhibit "D" to this Agreement and described in the referenced plans for those improvements ("Offsite Traffic Improvements"), the currently estimated cost of which is also identified in Exhibit "D". Notwithstanding the forgoing, if Owner is delayed in construction of that portion of the Offsite Traffic Improvements consisting of traffic lights and related improvements located at the intersections of Elm Avenue and Oak Valley Parkway and Desert 84683.001 - 434579.2
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Lawn Drive and Oak Valley Parkway ("Traffic Signal Improvements" and collectively with the Offsite Traffic Improvement, the "Offsite Traffic Improvements")based on required acquisition of property rights from third parties by negotiation or condemnation, City shall not withhold the issuance of a certificate of occupancy for such reason as provided in the preceding sentence; thereafter, Owner shall diligently and continuously secure the third party property rights, complete the improvements within one year thereafter and seek reimbursement of the cost of such improvements separately from the remainder of the Offsite Traffic Improvements upon completion of such improvements in accordance with this Section 2.71. Provided that Owner has (i) substantially completed the Offsite Traffic Improvements, (ii) substantially completed the on -site improvements (i.e. horizontal work including grading, asphalt, landscape, utilities, concrete, parking lot lighting, etc. in all material respects), and (iii) obtained certificates of occupancy from the City for not less than 50,000 square feet of building space for the Project (to include, as a portion of such square footage, a grocery store of at least 20,000 square feet in size) and a major retailer with a nation-wide presence having at least 125,000 square feet of floor space has opened or alternatively City has received at least one dollar of sales tax revenue originating from a business as referred (iii), City shall reimburse Owner for the actual cost of the construction of the Offsite Traffic Improvements within thirty (30) days after City receives the Owner's written request for reimbursements provided such request meets all of the submittal requirements in this Agreement and is in compliance with a reimbursement agreement to be executed by Owner and City in the form attached hereto as Exhibit D-1, attached hereto and made a part hereof by this reference ("Offsite Traffic Improvement Reimbursement Agreement") and the City Council approves the same at the next regularly scheduled City Council Meeting. City and Owner shall execute the Offsite Traffic Improvement Reimbursement Agreement contemporaneously with and subject to the effectiveness of this Agreement. In connection with such reimbursement Owner shall provide to City copies of receipts for paid invoices for all labor, materials, equipment and other amounts incurred by Owner to construct the Offsite Traffic Improvements in a lien free condition. If City determines that any submission for reimbursement is incomplete, it shall notify Owner of any additional required submission materials within the (10) days after submission to the City.. If there is disagreement with respect to the right to reimbursement on any portion of any submission, it shall not limit reimbursement for the undisputed portion of any submission and that undisputed portion shall be paid with delay.
It is intended that the Offsite Traffic Improvements will be subject to prevailing wages, but that the reimbursement of the same shall not trigger the payment of prevailing wages for any of the other private elements of the Project under Labor Code Section 1720(c)(2) providing that (i) where public funds are paid solely for public improvements on an otherwise private development project and those public improvements are required as a condition of regulatory approval, and (ii) the public entity contributes no more money or assistance to the project than what is required to fund the cost of those public improvements, and (c) the public entity does not retain a proprietary interest in the overall project, then only the public improvements shall be subject to the requirement for payment of prevailing wage. Notwithstanding the forgoing the amount of reimbursement by the City for the construction of the Offsite Traffic Improvements shall not exceed the amount of Six Million Dollars $6,000,000 ("Maximum Reimbursement"). However, the City Manager shall increase the Maximum Reimbursement by up to an additional ten percent (10%) of the initial Maximum Reimbursement amount if the Owner documents that the Offsite Traffic Improvements costs exceed the initial Maximum Reimbursement amount by such excess amount. The Maximum Reimbursement shall consist in part of development impact fee credits ("DIF Credits") as 84683.001 - 434579.2
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determined by the City, in an amount not to exceed One Million Eight Hundred Thousand Dollars ($1,800,000) ("Max DIF Credit"). The DIF Credits shall be issued for the cost of the Traffic Signal Improvements and related improvements from the DIF applicable to the Traffic Signal Improvements. If the cost to Developer to construct the Traffic Signal Improvements exceeds or is less than the Max DIF Credit, the additional amount or shortfall shall be reallocated to the Maximum Reimbursment. The City Council will provide for the Maximum Reimbursement Amount in the City's Capital Improvement Program and Budget at the time of approving the Ordinance adopting this Agreement so that such reimbursement is documented, scheduled and committed to as a part of the standard budgeting process. The Offsite Traffic Improvements receiving reimbursement from the City under this Section 2.7.1 shall not be subject to additional reimbursement under Section 2.7.2 below. Notwithstanding anything herein to the contrary, in no event shall the reimbursements received by Owner with respect to the Offsite Traffic Improvements exceed the maximum amount permitted by Labor Code Section 1720(c) so as to ensure that, under all circumstances, such reimbursement shall not trigger a prevailing wage requirement on any improvements other than the Offsite Traffic Improvements.
2.7.2 Reimbursement Agreement. Owner shall be entitled to receive a reimbursement for public improvements built at the sole cost and expense of the Owner that exceed the capacity required by the Owner's project ("Additional Capacity") from future parties who will benefit from such Additional Capacity. If Owner becomes aware of any future property that would be subject to this reimbursement requirement, Owner shall promptly provide written notice to City of such property and the amount of the reimbursement proposed. The City shall enter into an agreement to reimburse Owner from development agreement fees, CFD funds, development impact fees, grants or other fees paid for the Additional Capacity by developers of other properties contributing their fair share to such Additional Capacity or funded by CFD funds under a reimbursement agreement for such improvements consistent with the applicable provisions of Govt. Code Sections 66485-66489 ("Reimbursement Agreement") in order to allow Owner to recover the total amount for such excess capacity as and when such additional projects receive building permits. The Parties acknowledge that the goal of any such Reimbursement Agreement is to seek to assure that all future projects pay their fair share of the cost of the Additional Capacity, as reasonably determined by the City. Without limiting the effect of the foregoing, the City will have no direct fmancial or other liability to Owner under any Reimbursement Agreement other than with respect to the funds received from the Benefiting Parties or other third party sources, and will only administer reimbursements from projects that benefit from the Additional Capacity or such third party sources. Such separate Reimbursement Agreement shall have a term of no longer than twenty-five (25) years. To ensure that owners of property which reasonably benefit from the Additional Capacity ("Benefiting Parties") pay their fair share for such improvements, the City hereby agrees that, to the extent that it has legal authority to do so, it shall condition or otherwise require that Benefiting Parties pay for such improvements, either through development agreements, subdivision improvement agreements or other mechanisms with the City or by requiring that such Benefiting Parties enter into agreements with Owner directly. The Reimbursement Agreement between the City and Owner shall provide that if and when a particular property benefiting from the Additional Capacity is developed, the City shall either reimburse Owner for the pro rata share of the costs of the Additional Capacity actually used by it or shall enforce the condition or obligation for payment set forth in any separate agreement or assign the right to so enforce the separate agreement to Owner. Owner shall have no recourse against the City under the Reimbursement Agreement except that the City shall have the obligation, enforceable 84683.001 - 434579.2
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