84683.001 -435668.4
b. Installation of a traffic signal at the intersection of Elm Avenue at Oak Valley Parkway. Intersection improvements shall include striping crosswalks on all legs. c. At intersection of 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. d. At intersection of 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. e. 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.
f. 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.
Other Costs Directly Related to the Construction of the Off -Site Traffic Improvements. Third party design, project management, City permits, inspections, insurances, general conditions, and contingencies as permitted by this Agreement and the Offsite Traffic Reimbursement Agreement. All of the forgoing Offsite Traffic Improvements are described in more detail in the conditions of approval for the Project Approvals. In the event of a conflict between this Exhibit and the Project Approvals, the Project Approvals shall prevail
Exhibit "D"
84683.001 -435668.4
[BEFORE EXECUTION, THE OFFSITE PLANS FOR THE OFFSITE TRAFFIC
IMPROVEMENTS THAT ARE BEING FINALIZED BY THE DEVELOPER WILL BE
ATTACHED TO THIS EXHIBIT OR INCORPORATED BY REFERENCE FOR ADDITIONAL CLARITY]
84683.001 - 435668.4
Exhibit "D"
EXHIBIT "D"
OFFSITE TRAFFIC IMPROVEMENTS
COI COXSTR9CI' OP
Vow, r,Rintny rx-Unkon-emo
BUDGET BREAKDOWN
Project: Oak Va Iley Village PHASE 1
Address: SEC Interstate 10 & Oak Valley Fkwy.
City: Beaumont, CA
Owner: Regency, Centers
Schedule: 15 rnths
Job#: xxx
Bid Date: 5/15/2025
Otfsite +f-
Onsite+f-
154,589 SF
1,260,947 SF
CODE
TRADE
OFF5@E °MITE BUDGET AMOUNT
01-000
General Conditions
1017,500
107,500
00-010
General Requirements
75,000
75,000
01-014
Survey and Remaking
39,517
39,817
01451
Testing and Inspection
-
13y Owner
01-510
Temp Utilities
-
wf GCs
01-740
Friel Cleaning
-
wf GCs
02-230
Site Clearing & Demo
139,870
139,870
02-300
Earthwork
179,190
179,190
02-370
Erosion Controls & Street Sweeping Allowance
40,000
40,000
02-510
Dry Utilities Underground (SCE, Telecom, Gas)
1,788,949
1,788 9
02-400
Traffic Control Allowance
75,000
75,000
02-510
Site Utilities - Fire Water
-
02-520
Site Utilities - Water
-
02-530
Site Utilities - Sewer
57,029
57,029
02-530
Site Utilities - Storm
-
02-740
AC Pavement
878,503
878,503
02-745
Bumpers & Striping
76,300
76,100
02-770
Site Concrete
516,493
51:6,493
02-900
Landscape & Irrigation
171,368
171,368
03-110
Concrete
-
wf site rxnrrc
03-308
Reinforcement
-
wf tries
16-010
Traffic Signal Modifications
2,357,800
2,357,800
6,502,819 -
6,502,819
01-206
Liability Insurance 1.550%
100,794 -
100,794
01-206
Builder's Risk insurance 0.000%
-
-
01-201
Pert & Payment Bond 0.000%
- -
-
90-001
Fee 4500%
297,163 -
297,163
80-001
Contractor Contingency 10.000%
690,078 -
690,078
01-205
Escalation Market Volatility) 0-000%
- -
-
TOTAL-
7,590,853 -
7,590,8 53
printed on 54517:025 at 12W PM
50.41 $
$fSF
SAP
Hreakdowm Sheet PFVSE. J. 1 of I
Exhibit "D"
Page gReo'F 2369
EXHIBIT D-1
FORM OF
OFFSITE TRAFFIC IMPROVEMENT REIMBURSEMENT AGREEMENT
pabOi616i a 369
OFF -SITE TRAFFIC IMPROVEMENTS REIMBURSEMENT AGREEMENT
(Oak Valley Parkway Improvements)
This Off -Site Traffic Improvements Reimbursement Agreement (the "Agreement") is made this day of , 2025 by and between the City of Beaumont, a California municipal corporation ("City"), and Beaumont Regency AVG ("Owner").
RECITALS
A. Owner has a legal and equitable interest in approximately 28.95 acres of land located within the City of Beaumont, Riverside County, California along the south side of Oak Valley Parkway, approximately 500 feet east of Interstate 10 (I-10) that is legally described and depicted on Exhibit "A" attached hereto and incorporated herein by this reference ("Property").
B. Owner and the City are parties to that certain Development Agreement, dated 2025 and recorded with the Official Records of Riverside County as Document No. as (the "Development Agreement"), pursuant to which the City vested Owner with certain land use entitlements for development of a commercial shopping center and provided for reimbursement of costs for certain public improvements on the terms and conditions set forth therein (the "Project").
This Agreement serves as the Off -Site Traffic Improvements Reimbursement Agreement referenced in Section 2.7.1 of the Development Agreement. Notwithstanding anything herein to the contrary, this Agreement shall be of no force or effect unless and until the Ordinance approving the Development Agreement becomes effective as this Agreement is being entered into in furtherance of the implementation of the Development Agreement.
C. Pursuant to the Development Agreement, Owner submitted applications for various land use entitlements to the City and was conditioned to construct certain public improvements as a condition precedent to development and operation of the Project.
D. As a condition of regulatory approval by the City, the Owner shall design, construct and install, among other things, the following public improvements in or along Oak Valley Parkway:
pavement, curbs/gutters/sidewalks, streetlights, traffic signal installations or modifications, parkway landscape/irrigation, sewer, water, storm drain, and dry utility installations or relocations all in accordance with the land use entitlements and the conditions of approval for the Project (the "Public Improvements"). The City and the Owner will benefit from a coordinated plan of design, engineering and construction of the Public Improvements and the development of the Project.
E. The City and Owner desire that the Owner initially finance and construct the Public Improvements, subject to a single reimbursement payment from the City for actual costs incurred upon completion and satisfaction of all conditions precedent pursuant to the terms, conditions, requirements and procedures set forth herein and in the Development Agreement. The scope of work and estimated cost for the Public Improvements is described in Exhibit "B" attached hereto and incorporated herein by reference. The City will make a reimbursement payment up to the Maximum Reimbursement amount as that term is defined in Section 2.7.1 of the Development Agreement using any and all legally available funds of the City.
F. The City, by its approval of this Agreement, has determined that it will obtain no 84683.001 -435666.3
P 1b6 f l '369
advantage from undertaking the construction by the City directly of the Public Improvements and that the provisions of this Agreement require that the Public Improvements constructed by the Owner be constructed as if they had been constructed under the direction and supervision of the City. The Owner hereby represents that it has experience in the supervision of the construction of improvements of the character of the Public Improvements.
G. The City and Owner intend that this Agreement shall contain all of rights, requirements, and obligations of Owner and the City related to the Public Improvements.
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, it is mutually understood and agreed by City and Owner as follows:
TERMS
1. Incorporation of Recitals. The parties hereby agree that the above recitals are true and correct and are therefore incorporated herein by reference.
2. Design of Public Improvements — Preparation of Plans. Subject to reimbursement as set forth herein, Owner shall be solely responsible for the design of the Public Improvements in accordance with all local, state, and federal laws and regulations, including all costs and expenses incurred therefor. Prior to initiation of bidding, Owner shall submit the plans and specifications for plan check approval by the City Public Works Director. Owner shall be solely responsible for obtaining all required federal, state and local permits and approvals. The plans and specifications for the Public Improvements shall be approved by the City Public Works Director, subject to his/her good faith discretion ("Plan" or "Plans"). The Owner shall then include the approved Plans in the bid packet submitted pursuant to Section 3.2.1 herein.
3. Construction of Facilities. Owner shall construct or have constructed, at its own cost and expense, the Public Improvements in accordance with the Plans. Owner (and/or its contractors) shall provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary to fully and adequately complete the Public Improvements.
3.1 Permits and Notices. Prior to commencing any work with respect to the Public Improvements, Owner (through its contractors) shall, at its sole cost and expense, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Owner's obligations under this Agreement. Owner (through its contractors) shall conduct the work in full compliance with the regulations, rules, and other requirements contained in this Agreement, any applicable law, and any permit or license issued to Owner.
3.2 Public Works Requirements. Owner shall ensure that the bidding, awarding, and construction of the Public Improvements are undertaken as if such Public Improvements were constructed as a public works project under the direction and authority of City, pursuant to the applicable provisions of the Public Contract Code. Owner shall comply with applicable portions of the Labor Code and the payment of prevailing wages where applicable with respect to all Public Improvements related to Owner's project and Owner agrees to indemnify and hold harmless the City in connection with any issues related to prevailing wages arising from the construction of the Public Improvements by Owner. The City's minimum procedural requirements for bidding and contracting 84683.001 -435666.3
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are attached hereto as Exhibit "C".
3.2.1 Prior to soliciting or awarding the bid for any portion of the Public Improvements, Owner shall submit the bid packet and a set of the approved construction drawings signed by Owner or another authorized representative designated by Owner for the work being bid to the City's Public Works Director ("Public Works Director") for review and approval, which approval shall be granted or denied within fifteen (15) calendar days after submission of such bid packet. If the Public Works Director denies approval of such bid packet and construction drawings, the Public Works Director shall specify the reasons for such disapproval and Owner shall resubmit a revised bid packet for review and approval until such approval is obtained.
3.2.2 Owner shall obtain no fewer than three (3) bids for the construction of the Public Improvements in a manner which has been approved by the Public Works Director. Owner shall provide the Public Works Director with copies of all bids received from contractors and a bid summary in a form approved by the Public Works Director to assure that the contractor/subcontractors adhere to the applicable legal requirements for public works projects. The contract or contracts for the construction of the Public Improvements shall be awarded to the responsible bidder(s) submitting the lowest responsive bid(s) for the construction of the Public Improvements, as determined by Owner in its good faith discretion. Owner shall enter into a construction contract with each contractor selected to perform work on the Public Improvements (after competitive bidding as set forth herein), (each, a "Construction Contract") for the performance of the work set forth in the selected bid, and the terms of each Construction Contract entered into by Owner and each contractor/subcontractor shall be reasonably acceptable to the Public Works Director. Owner shall submit to City a copy of each executed Construction Contract for the Public Improvements within fifteen (15) days after execution thereof.
3.2.3 Owner's general contractor for the construction of the Public Improvements ("General Contractor") shall pay prevailing wages (in accordance with Articles 1 and 2 of Chapter 1, Part 7, Division 2 of the Labor Code) and to otherwise comply with applicable provisions of the Labor Code, the Government Code, and the Public Contract Code relating to public works projects of cities/counties and as required by the procedures and standards of City with respect to the construction of its public works projects or as otherwise directed by the Public Works Director.
3.2.4 All contractors shall be required to provide proof of insurance coverage throughout the term of the construction of the Public Improvements which they will construct in conformance the Agreement and requirements of the Public Works Director and City's Risk Manager.
3.2.5 The Public Works Director, exercising reasonable discretion, may waive one or more of the foregoing requirements (other than Sections 3.2.3 and 3.2.4 set forth above, including the bidding requirements set forth in Exhibit "C" attached hereto.
3.3 Compliance with Plans and Specifications. The Public Improvements shall be completed in accordance with the Plans as approved by City.
3.4 Standard of Performance. Owner and its contractors shall perform all work required, constructing the Public Improvements in a skillful and workmanlike manner, and consistent 84683.001 -435666.3
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3 with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Owner shall require that its contractors be skilled in the professional calling necessary to perform the work. Owner shall require that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.
3.5 Alterations to Public Improvements. All work shall be done and the Public Improvements completed as shown on the Plans, and any subsequent alterations thereto mutually agreed upon by City and Owner. If Owner desires to make any material alterations to the Plans, it shall provide written notice to the City of such proposed alterations. City shall have ten (10) business days after receipt of such written notice to administratively approve or disapprove such alterations, which approval shall not be unreasonably withheld, conditioned or delayed. If City fails to provide written notice to Owner of its approval or disapproval of the alterations within such ten (10) business day period, Owner may send a second written request specifically reciting the terms of this paragraph calling for deemed consent in the event of failure to respond and if City continues to fail to approve or disapprove the request, then the City shall be deemed to have consented to such alterations five (5) business days after receipt of such second notice. Any and all alterations in the Plans and the Public Improvements to be completed may be accomplished without first giving prior notice thereof to Owner's surety for this Agreement.
4. Bonds. Prior to the commencement of any work on the Public Improvements, Owner or its contractor shall provide City with surety bonds in the amounts and under the terms set forth below or, at the City's request, in lieu of surety bonds, a letter of credit or letters of credit by a banking institution with a rating to be reasonably approved by the City and terms to be reasonably approved by the City ("Security"). The amount of the Security shall be based on the estimated actual costs (the "Estimated Costs") to construct the Public Improvements, as determined by City after Owner has awarded a contract for construction of the Public Improvements to the lowest responsive and responsible bidder in accordance with this Agreement. If City determines, in its reasonable discretion, that the Estimated Costs have changed, Owner or its contractor shall adjust the Security in the amount requested by City. Owner's compliance with this Section 4 shall in no way limit or modify Owner's indemnification obligation provided in Section 13 of this Agreement.
4.1 Performance Bond. To guarantee the construction of the Public Improvements and faithful performance of all the provisions of this Agreement, to protect City if Owner is in default, and to secure the Warranty of the Public Improvements, Owner or its contractor shall provide City a faithful performance bond in an amount which sum shall be not less than one hundred (100%) of the Estimated Costs. The City shall partially release a portion or portions of the Security provided under this Section within not more than thirty (30) days after the Public Improvements are accepted by City, provided that Owner is not in default on any provision of this Agreement and the total remaining Security for the warranty period applicable to the Public Improvements is not less than twenty percent (20%) of the Estimated Costs. A11 remaining Security provided under this Section shall be released within not more than thirty (30) days after the end of the warranty period, provided that Owner is not in default on any provision of this Agreement and no warranty claim is pending and unresolved; provided, further, that such Security shall be released promptly thereafter as soon as such default has been cured or the warranty claim is resolved. 84683.001 -435666.3
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4 4.2 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, materialmen, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Owner or its contractor shall provide City a labor and materials bond in an amount which sum shall not be less than one hundred percent (100%) of the Estimated Costs. The Security provided under this Section shall be released by City not later than six (6) months after the date City accepts the Public Improvements in accordance with Section 7 herein.
4.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best rating of at least "A" and FSC-VIII, and shall be licensed to do business in California. The surety shall agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the Plans shall in any way affect its obligation on the Security.
4.4 Evidence and Incorporation of Security. Evidence of the Security shall be provided on the forms reasonably acceptable to the City, and when such forms are completed to the reasonable satisfaction of City in accordance with the bonding requirements for subdivision improvements under the California Subdivision Map.
4.5 Reduction. The Public Works Director, exercising reasonable discretion, may reduce or waive one or more of the foregoing Security requirements on a finding that the City is adequately secured for the applicable performance/liability.
5. Billings and Records. Owner shall be responsible for paying all charges within the time required by state law. Owner shall maintain complete and accurate records with respect to all costs and expenses pursuant to this Agreement. All such records shall be clearly identifiable. Owner shall allow a representative of the City, during normal business hours to examine, to audit and make transcripts or copies of such records and any other documents, proceedings, and activities related to the Agreement for a period of three (3) years from the termination of this Agreement.
6. Liens. Upon the expiration of the time for the recording of claims of liens as prescribed by Sections 8412 and 8414 of the Civil Code with respect to the Public Improvements, Owner shall provide to the City such evidence or proof as the City shall reasonably require that all persons, firms, and corporations supplying work, labor, materials, supplies, and equipment to the construction of the Public Facilities have been paid, and that no claims of liens have been recorded by or on behalf of any such person, firm, or corporation. Rather than await the expiration of the said time for the recording of claims of liens, Owner may elect to provide to the City a title insurance policy or other Security reasonably acceptable to the City guaranteeing that no such claims of liens will be recorded or become a lien upon any of the Property.
7. Inspection and Transfer of Public Improvements. Without modifying or limiting Owner's obligations under this Agreement, the City shall inspect and test the Public Improvements. The City shall have access to the Public Improvements site at all times to conduct any tests or inspections. The City's inspection rights shall not exceed twenty (20) days from completion of the Public Improvements. Thereafter, unless the City has objected to the design, development, and construction of such Public Improvements, such design, development, and construction shall be deemed 84683.001 -435666.3
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approved. Owner shall require its employees, contractors and agents to comply with all reasonable instructions given by the City during inspection or construction of the Public Improvements. Any deficiencies in the Public Improvements shall be corrected by Owner at its sole cost and expense.
Upon completion of the Public Improvements to the satisfaction of the City, the Public Improvements shall be presented to the City for dedication and acceptance. The City shall accept the Public Improvements ("Public Improvements Acceptance") if it determines (a) that it was constructed in accordance with approved plans, specifications and contract documents, (b) that it operates satisfactorily, (c) all unconditional waivers and releases of mechanics' liens have been provided, (d) Owner provides two (2) sets of "as -built" or record drawings or plans to the City for all such Public Improvements -- the drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein, and (e) that all other requirements of this Agreement applicable to completion of the Public Improvements have been satisfied. Upon acceptance of the Public Improvements, Owner shall assign to the City on a non- exclusive basis all of Owner's rights and remedies, including warranties, as set forth in the approved contract documents. Owner will be required to convey title to the Public Improvements to the City in a form reasonably determined by the City.
8. Liability for Public Improvements Prior to Public Improvements Acceptance. Until the Public Improvements Acceptance, Owner shall be solely responsible for all damage to the Public Improvements, regardless of cause, and for all damages or injuries to any person or property at the work site, except damage or injury due to the sole or active negligence or willful misconduct of the City, its agents or employees.
9. Guarantee. Owner shall guarantee all work and materials for the Public Improvements to be free from all defects due to faulty materials or workmanship for a period of one (1) year after the date of the Public Improvements Acceptance. Owner shall repair or remove and replace any and all such work, together with any other work which may be displaced in so doing, that is found to be defective in workmanship or materials within the one-year period, without any expense whatsoever to the City. If the City and Owner are not in agreement as to whether any work if faulty or defective, such disagreement shall be resolved by the dispute resolution procedure set forth in Section 36 below.
In the event Owner fails to comply with the above -mentioned provisions within thirty (30) days after such defect has been established by agreement or neutral determination, as applicable, then the City shall be authorized to proceed to have the defects remedied and made good at the sole cost and expense of Owner, who is hereby contractually bound to pay the costs and charges therefor immediately upon demand. Any such self-help action by the City (which may be taken prior to neutral determination of the defect in the event of an emergency, subject to final allocation of cost by agreement or neutral determination, as applicable) will not relieve Owner of the guarantee required by this Section. This Section shall not, in any way, limit the liability of Owner or any other party for any latent and patent design or construction defects in the work subsequently discovered by the City.
10. Terms for Reimbursement
10.1 Reimbursement for Actual Public Improvement Costs. The reimbursement amount for the Public Improvements shall be equal to the eligible design and construction costs for the Public Improvements ("Reimbursement Amount") subject to the Maximum Reimbursement in accordance with Section 2.7.1 of the Development Agreement which is incorporated herein by this 84683.001 -435666.3
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6 reference. In calculating the amount of such costs incurred by Owner for design and installation of the Public Improvements, the parties shall exclude any such costs which are or will be directly reimbursed to Owner for the installation of such Public Improvements by one or more third parties other than City, such as, for example, third party utility providers providing a reimbursement with respect to the installation of one or more of the Public Improvements.
10.2 Soft Construction Costs. The Public Works Director shall, in his/her sole reasonable discretion, determine the amount of reasonable soft costs eligible for reimbursement.
Such amounts may include the actual third party soft costs related to the Public Improvements, such as indirect costs of construction, professional engineering and design services, construction management, soils testing, administrative costs, permits, plan check fees, and inspections. For soft costs to be reimbursable to Owner pursuant to this Agreement, City must be able to verify that such soft costs are properly attributable to the completion of the specified Public Improvements for which reimbursement is being made, by reference to separate subcontract(s) or by another means approved by the City. The Public Works Director may, in his/her reasonable discretion, reduce or disallow reimbursement for any costs he/she finds excessive or unreasonable; provided that the third party actual costs shall be presumed to be reasonable unless specific facts demonstrate to the contrary.
10.3 Conditions Precedent for Payment of Reimbursement Amount. City's obligation to pay or reimburse for the cost of Public Improvements pursuant to this Agreement is conditioned upon the prior satisfaction by Owner or written waiver by the City Administrator of each of the following conditions precedent within the times, if any, designated below:
10.4 Completion of Construction of Project. Owner shall have fulfilled the all of the express conditions applicable to reimbursement under Section 2.7.1 of the Development Agreement.
10.5 Completion of Construction of Public Improvements. Owner shall have completed the construction of the Public Improvements, and notices of completion shall have been recorded in relation to the Public Improvements, in accordance with California Civil Code Sections 8182 (as applicable), and thirty-five (35) days shall have elapsed since the recordation of such notices of completion. The purpose of this provision is to ensure that the Public Improvements will be independently functional and to maintain consistency with vesting rights, and nothing herein shall be deemed to make any part of the Project other than the Public Improvements a public work.
10.6 Submission of Bills/Invoices. Owner shall have made full and complete payment of all undisputed claims for work performed on the Public Improvements, or in the event of a dispute between Owner and the general contractor or a subcontractor, Owner shall have obtained a commercially reasonable bond reasonably satisfactory to the City to release any applicable mechanics' lien or stop notice, and Owner shall have submitted and the City shall have approved a written request for the reimbursement, including copies of all bills and/or invoices evidencing the hard costs of constructing the Public Improvements actually incurred by Owner.
10.7 As -Built Drawings. Owner shall have submitted two (2) sets of final as -built drawings for the Public Improvements certified by a licensed engineer in the State of California as to accuracy and completeness to the Public Works Director._ Owner shall be solely responsible and liable for insuring completeness and accuracy of the record drawings. 84683.001 -435666.3
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10.8 Acceptance of Required Public Improvements by the City. The City, through the City Council, shall have accepted title to the Public Improvements, and Owner shall have provided the maintenance guarantees reasonably required by the City. The City agrees it will not unreasonably withhold or condition its acceptance of title to the Public Improvements.
10.9 No Default. Owner shall not be in default, following receipt of notice of default and expiration of its cure period, in any of its material obligations under the terms of this Agreement, and all representations and warranties of Owner contained in this Agreement shall be true and correct in all material respects. Further, the Development Agreement shall be effective, and Owner shall not be in default of any of its material obligations thereunder following receipt of notice and expiration of its opportunity for cure.
10.10 Reimbursement Procedures.
10.10.1 Upon Public Improvements Acceptance, the Owner shall submit a written request for the Reimbursement Amount ("Reimbursement Request") to the City for review and approval. The Reimbursement Request shall include any document, requirement, evidence or information in the Owner's possession or under the Owner's control that City may reasonably request with regard to the Public Improvements and Public Improvements Acceptance. This includes without limitation, copies of the notice to proceed with the Public Improvements, notice of completion of the Public Improvements, any and all contracts and change orders entered into to complete the design and construction of the Public Improvements, invoices and checks for payment of the design and construction of the Public Improvements, and any and all other documents required by this Agreement. The City will review and approve, if acceptable, the Reimbursement Request within thirty (30) calendar days following the date of submittal.
10.10.2 City will remit payment to the Owner for the Reimbursement Amount within thirty (30) calendar days following the Reimbursement Request approval by the City within the thirty (30) day period provided for in the preceding sentence.
10.10.3 Upon payment of the Reimbursement Amount, the City shall have no further financial obligation to Owner and the Owner shall be entitled to no further compensation, payment, fee credit, offset or reimbursement of any kind from the City for the construction of the Public Improvements.
11. Term. This Agreement shall expire upon full payment of the Reimbursement Amount, unless earlier terminated as provided herein; provided however, that the indemnification shall survive termination of the Agreement, and the insurance provisions in Section 14.4 shall survive the completion of the Public Improvements in accordance with its terms. Owner waives any right to reimbursement for the installation of the Public Improvements except as contained in this Agreement.
12. Standard of Care; Safety. Owner shall ensure that all work on the Public Improvements is performed in compliance in all material respects with City -approved plans, specifications and contract documents. Owner shall also ensure that all work is performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals and contractors in the same discipline in the State of California. Owner shall procure the services of 84683.001 -435666.3
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8 professionals and contractors skilled in the professional calling necessary to design and construct the Public Improvements. All employees and subcontractors working on the Public Improvements shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform such work on the Public Improvements, and all such licenses and approvals shall be maintained throughout the term of their work on the Public Improvements. Owner shall ensure that it and its consultants and contractors execute and maintain their work so as to avoid injury or damage to any person or property. In carrying out their work, they shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Public Improvements, a threat to the safety of persons or property, or any employee who fails or refuses to perform his or her work in a manner acceptable to the City, shall be promptly removed from the Public Improvements.
13. Indemnification. Owner shall defend (with counsel reasonable acceptable to City), indemnify and hold the City, its officials, officers, consultants employees and agents free and harmless from any and all third party claims, liabilities, losses, costs, expenses, damages or injuries to property or persons, including wrongful death, arising out of or incident to any acts, omissions (where there was a duty to act) or willful misconduct of Owner, its members, officials, officers, employees, agents, consultants and contractors with respect to this Agreement or the design, construction or installation of the Public Improvements, including without limitation, the payment of all reasonable attorneys' fees and other related costs and expenses however caused, regardless of whether the allegations are false, fraudulent, or groundless, except to the extent of any active negligence or misconduct of the City or its officials, officers, employees, or authorized volunteers.
At a minimum, this indemnification provision shall apply to the fullest extent of any warranty or guarantee implied by law or fact, or otherwise given to Owner by Owner's design consultant(s) or contractor(s) for the Public Improvements. In addition, this indemnity provision and any such warranties or guarantees shall not limit any liability under law of such consultants or contractors.
Owner's obligation to indemnify shall survive the expiration or termination of this Agreement for a period of one year, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, or agents.
14. Insurance.
14.1 Requirement. Owner shall require all persons performing work on the Public Improvements, including its consultants, contractors, and subcontractors, to procure and maintain, at their expense, until full and adequate completion of the Public Improvements, insurance against claims for injuries to persons or damages to property which may arise out of or in connection with the performance of their work or that of their agents, representatives, employees or subcontractors.
14.2 Minimum Scope and Limits of Coverage. Such insurance shall provide City with coverage at least as broad as the latest version of the following:
14.2.1 General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001) with a combined single limit of $2,000,000; and
14.2.2 Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto) with a combined single limit of $1,000,000; and 84683.001 -435666.3
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14.2.3 Workers' Compensation and Employers' Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance with a limit of at least $1,000,000 per occurrence.
14.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Owner or the primary insured shall provide endorsements on forms reasonably approved by the City to add the following provisions to the insurance policies:
14.3.1 General Liability. The general liability policy shall be endorsed to state that: (A) the City, its directors, officials, officers, employees and agents shall be covered as additional insureds with respect to this Agreement or operations performed by or on behalf of the Owner, including materials, parts or equipment furnished in connection with such work; and (B) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees and agents or, if excess, shall stand in an unbroken chain of coverage excess of the primary insured's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees or agents shall be excess of the primary insured's insurance and shall not be called upon to contribute with it in any way.
14.3.2 Automobile Liability. The automobile liability policy shall be endorsed to state that: (A) the City, its directors, officials, officers, employees and agents shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the primary insured or for which the primary insured is responsible; and (B) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees and agents or, if excess, shall stand in an unbroken chain of coverage excess of the primary insured's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees or agents shall be excess of the primary insured's insurance and shall not be called upon to contribute with it in any way.
14.3.3 Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees and agents for losses paid under the terms of the insurance policy which arise from work performed by the primary insured.
14.3.4 All Coverages. Each insurance policy required by this Agreement shall be endorsed, to the extent then commercially available, to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees or agents.
14.4 Professional Liability Insurance. All architects, engineers, consultants or design professionals working on the Public Improvements shall be required to procure and maintain, for a period of five (5) years following completion of the Public Improvements, errors and omissions liability insurance with a combined single limit of not less than $2,000,000. This insurance shall be endorsed to include contractual liability.
14.5 Separation of Insureds; No Special Limitations. All insurance required by this 84683.001 -435666.3
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Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees and agents.
14.6 Deductibles and Self -Insurance Retentions. City may require that any deductibles or self -insured retentions must be declared to and reasonably approved by the City.
14.7 Acceptability of Insurers. All policies of insurance shall be with companies licensed or approved by the State of California Insurance Commissioner and rated (i) A or better with respect to primary levels of coverage, and (ii) B+12 or better with respect to excess levels of coverage, in the most recent edition of Best's Insurance Guide and shall be issued and delivered in accordance with State law and regulations.
14.8 Verification of Coverage. Owner shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms reasonably satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms provided by the City if reasonably requested. All certificates and endorsements must be received and approved by the City before work commences on the Public Improvements. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. Once City has reviewed any submitted insurance certificates or policies without further objection or correction thereto by City, such policies shall be deemed to comply with the requirements of this Agreement and any further right to object thereto shall be deemed waived and such submitted insurance policies shall be deemed to satisfy the terms of this Agreement until terminated or expiration.
15. Control and Payment of Subordinates; Independent Contractor. All work on the Public Improvements shall be performed by Owner or under its supervision. Owner and its contractors and consultants will determine the means, methods and details of performing the work subject to the requirements of this Agreement. City retains Owner on an independent contractor basis and not as an employee. Owner retains the right to perform similar or different work for others during the term of this Agreement. Any additional personnel performing the work under this Agreement on behalf of Owner shall also not be employees of City and shall at all times be under the exclusive direction and control of Owner or its contractors and consultants. All wages, salaries and other amounts due such personnel in connection with their performance of work under this Agreement and as required by law shall be paid by Owner or its consultants and contractors. Such entities shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to:
social Security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
16. Termination. In the event of default by either party in the performance of any of its material obligations under the terms or conditions of this Agreement, the party alleging such default shall give the other party notice in writing specifying in reasonable detail the nature of the alleged default and the manner in which said default may be satisfactorily cured. The party receiving such notice shall have fifteen (15) days from the date of receipt of such notice to cure any monetary default and thirty (30) days from the date of receipt of such notice to cure any non -monetary default, provided, however, for non -monetary defaults, if the amount of time reasonably required to cure the breach exceeds said thirty (30) days, the breaching Party shall have such longer time period as may 84683.001 -435666.3
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be reasonably required provided that the breaching Party has commenced to cure such default within that thirty (30) day period and thereafter diligently prosecutes such cure to completion; provided, further, that if such cure of a non -monetary default continues beyond an addition ninety (90) days thereafter, then, at any time after expiration of that ninety (90) day period and prior to completion of the cure, City may proceed with exercise of any of its remedies under Section 16(b) below pertaining to injunctive relief or specific performance, but City may not proceed with the exercise of the right of termination based upon such non -monetary default so long as the Owner continues to diligently prosecute such cure to completion. Except as expressly provided in the preceding proviso, during any such cure period, the Party charged shall not be considered in default for purposes of termination or institution of legal proceedings or exercise of any other remedies for such default. After notice and expiration of the applicable cure period, if such default has not been cured, the other party to this Agreement may at its option:
(e) Terminate this Agreement, in which event neither party affected by such termination shall have any further rights against or liability to the other with respect to this Agreement or the Property first arising thereafter; provided that if the City commences such termination proceedings, it shall give not less than thirty (30) days prior written notice thereof to Owner, which notice shall specify the grounds for termination and shall set a date, time and place for a public hearing before the City Council. At the noticed public hearing, the Owner and/or its designated representative shall be given an opportunity to make a full and public presentation to the City and to respond to the City's evaluation of Owner's performance, either orally or in a written statement, at such Owner's election. If, following the taking of evidence and the hearing of testimony at said public hearing, the City finds, based upon substantial evidence, that Owner is not in compliance with a specific, material term or provision of this Agreement, and failed to timely cure such failure within the applicable cure period, then the City may terminate this Agreement. (b) Institute equitable action to cure, correct or remedy any default, such as an action for injunctive relief or specific performance of the terms of this Agreement; provided, however, that in no event shall either Party be liable to the other for money damages for any default or breach of this Agreement except for provisions contemplating a monetary remedy specifically provided for in this Agreement to be paid to such Party, including, without limitation, the right of Owner to recover from City the reimbursements provided for in Section 10.1 or the express indemnity obligations of Owner set forth in this Agreement. Nothing herein shall preclude either Party from seeking reimbursement for amounts expressly required to be paid by one Party to the other under this Agreement including but not limited to the reimbursement payment to Owner or to recover attorneys' fees if it is the prevailing Party as provided herein. It is expressly recognized that except as set forth above with respect to the limited remedies for monetary damages, injunctive relief and specific enforcement of this Agreement are the proper and desirable remedies.
(c) Without limitation of the foregoing, the parties specifically acknowledge that the primary purpose of this Agreement is to document the conditions and terms of reimbursement to Owner if it decides, in its sole business judgment to proceed with the Project described in the Development Agreement. This Agreement shall not, under any circumstances, be construed or applied to expand the Owner's obligations to commence or complete the Project 84683.001 -435666.3
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�2
beyond that set forth in the Development Agreement and this Agreement shall be applied consistent with that purpose. In that regard and for those reasons, although this Agreement will be executed by the parties concurrent with the Development Agreement, this Agreement shall not be of any force or effect unless and until Developer decides to proceed with Project and the "Offsite Traffic Improvements" pursuant to and as provided and described in the Development Agreement. In any event City shall not have the right to specifically enforce against any Owner, nor in any way compel an Owner to either start or complete the Project, nor to seek any monetary damages from the Owner for an Owner's failure to start or complete the Project; provided, that, City shall have the right (i) to compel Owner, by an action for specific performance, to complete any public improvements which have been commenced and are partially completed , including, without limitation, bringing an action against any bonds posted to secure the construction of those improvements, (ii) to require Owner to dedicate any property and complete any public improvements which are required by the Project Approvals to be dedicated and/or completed prior to occupancy of those Project improvements in fact constructed on the Property pursuant to this Agreement, (iii) and, once the effectiveness of this Agreement is triggered by the commencement of the Offsite Traffic Improvements, to recover money damages under the express indemnity provisions of this Agreement that are thereafter effective.
17. Labor/Prevailing Wages. Owner is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., and the implementing regulations promulgated thereunder (collectively, "Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements if it is determined that the Owner's contract(s) with its contractor(s) to construct the Public Improvements are "public works" contracts under the Prevailing Wage Laws. It is the responsibility of the Owner to ensure that each contractor and subcontractor hired to construct the Public Improvements by Owner comply with all applicable requirements of the Prevailing Wage Laws. Owner agrees to defend, indemnify and hold the City and its officials, officers, employees and agents free and harmless from any claim or liability including, without limitation, damages, penalties, attorneys' fees and court costs, arising from any failure or alleged failure to comply with these provisions of the Labor Code, including the Prevailing Wage Laws, in connection with construction of the Public Improvements by Owner.
18. Attorneys' Fees. In the event any action is commenced to enforce or interpret any term or condition of this Agreement, in addition to costs and any other relief, the prevailing party shall be entitled to its reasonable attorneys' fees, expert fees and other reasonable costs of defense.
19. Owner Assignment. In no event shall the Owner assign or transfer any portion of this Agreement without the prior express written consent of City, which consent may be given or withheld in City's reasonable discretion; provided, however, Owner shall be permitted to absolutely or collaterally assign its right to receive payments hereunder to any person or entity who acquires all or any part of the Property or who makes a loan secured by all or any part of the Property and Owner shall be permitted to assign this Agreement to any successor or assign of the Development Agreement who is a permitted assignee approved or deemed approved by the City.
20. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
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13 21. Invalidity and Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
22. Cooperation; Further Acts. The parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
23. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
24. Labor Certification. By its signature hereunder, Owner certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code. Owner agrees to comply with such provisions to the extent applicable to Owner and to require its consultants to comply with such provisions before commencing any work on the Plans.
25. Time of Essence. Time is of the essence for each and every provision of this Agreement for which time is a requirement.
26. No Third -Party Beneficiaries. There are no intended third -party beneficiaries of any right or obligation assumed by the parties under the terms of this Agreement.
27. Construction; Captions. Since the parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any party. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
28. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
29. Notices. All notices permitted or required under this Agreement shall be deemed made when delivered to the applicable party's representative as provided in this Agreement. Such notices shall be mailed or otherwise delivered to the addresses set forth below, or at such other addresses as the respective parties may provide in writing for this purpose:
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14 30.
CITY OF BEAUMONT
City Manager
City of Beaumont
550 East 6th Street
Beaumont, CA 92223
OWNER
Beaumont Regency AVG, LLC
c/o Regency Centers Corporation
One Independent Drive, Suite 114
Jacksonville, Florida 32202-5019
Attn: VP, Legal Department
With a copy to:
Beaumont Regency AVG, LLC
c/o Regency Centers Corporation
420 Stevens Avenue, Suite 320
Solana Beach, California 92075
Attn: Market Officer
Such notice shall be deemed made when personally delivered, upon fax confirmation of the sender, or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, certified mail, return receipt requested, to the party at its applicable address.
31. Authority to Enter into Agreement. City and Owner warrant that they have all requisite power and authority to execute and perform this Agreement. Each person executing this Agreement on behalf of their party warrants that he or she has the legal power, right, and authority to make this Agreement and bind his or her respective party.
32. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
33. Integration. This Agreement, together with the Development Agreement, represents the entire understanding of City and Owner as to those matters contained herein and supersedes and cancels any prior oral or written understanding, promises, or representations with respect to those matters covered hereunder. This integrated Agreement may not be modified or altered except in writing signed by both parties hereto.
34. Severability and Waiver. The unenforceability, invalidity, illegality, or unconstitutionality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid, illegal, or unconstitutional. Waiver by any party of any portion of this Agreement shall not constitute a waiver of any other portion thereof.
35. Lender Protection Prior to Lender Possession. Owner may enter into mortgages, deeds of trust and other security instruments described in the following sentence secured by Owner's interest in the Property. The holder or beneficiary of any indenture of 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 84683.001 -435666.3
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15 sale -leaseback transaction ("Lender") shall have no obligation or duty under this Agreement to construct or complete the construction of improvements, or to guarantee such construction or completion, and shall not be obligated to pay any fees or charges which are liabilities of Owner or Owner's successors -in -interest, but such Lender shall otherwise be bound by all of the terms and conditions of this Agreement which pertain to the Property or such portion thereof in which Lender holds an interest.
(a) Lender in Possession. A Lender who comes into possession of the Property, or any portion thereof, pursuant to foreclosure of a mortgage or deed of trust, or a deed in lieu of foreclosure, shall not be obligated to pay any fees or charges which are obligations of Owner and which remain unpaid as of the date such Lender takes possession of the Property or any portion thereof; provided, however, that a Lender shall not be eligible to apply for or receive Project Approvals with respect to the Property, or otherwise be entitled to develop the Property or devote the Property to any uses or to construct any improvements thereon other than the development contemplated or authorized by this Agreement and subject to all of the terms and conditions hereof, including payment of all fees (delinquent, current and accruing in the future) and charges, and assumption of all obligations of Owner hereunder; provided, further, that no Lender, or successor thereof, shall be entitled to the rights and benefits of Owner hereunder or entitled to enforce the provisions of this Agreement against the City unless and until such Lender or successor in interest qualifies as a recognized Assignee of this Agreement and makes payment of all delinquent and current City fees and charges pertaining to the Property. (b) Notice of Owner's Breach Hereunder. If the City receives notice from a Lender having a secured interest in the property within the Project requesting a copy of any notice of default given to Owner hereunder and specifying the address for notice thereof, then the City shall deliver to such Lender, concurrently with service thereon to Owner, any notice given to Owner with respect to any claim by the City that Owner is in default, and if the City makes a determination of non-compliance, the City shall likewise serve notice of such noncompliance on such Lender concurrently with service thereof on Owner.
(c) Lender's Right to Cure. Each Lender shall have the right (but not the obligation) for a period of sixty (60) days after the expiration of the time period for cure provided to Owner pursuant to Section 4.1 to cure or remedy, or to commence to cure or remedy, the default claimed or the areas of noncompliance set forth in the City's notice. If the default or such noncompliance is of a nature which can only be remedied or cured by such Lender upon obtaining possession, such Lender may seek to obtain possession with diligence and continuity through a receiver or otherwise and may thereafter remedy or cure the default or noncompliance within sixty (60) days after obtaining possession. If any default or noncompliance cannot, with diligence, be remedied or cured within such sixty (60) day period, then such Lender shall have such additional time as may be reasonably necessary to remedy or cure such default or noncompliance if such Lender commences cure during such sixty (60) day period and thereafter diligently pursues such cure to completion. Notwithstanding the foregoing, nothing in this Agreement shall be deemed to permit or authorize any Lender to undertake or continue construction or completion of any improvements comprising the Project (beyond the extent necessary to conserve or protect improvements or construction already completed) without first having expressly assumed the defaulting Owner's obligations under this Agreement.
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(d) Other Notices by the City. A copy of all other notices given by the City to Owner pursuant to the terms of this Agreement shall also be sent to any Lender who has requested such notices at the address provided to the City by the Lender. (e) Right to Encumber. The City agrees and acknowledges that this Agreement shall not prevent or limit Owner of any interest in the Property, or any portion thereof, at any time or from time to time in any manner, at such Owner's sole discretion, from encumbering the Property, the improvements thereon, or any portion thereof with any mortgage, deed of trust, sale and leaseback arrangement or other security device.
(f) Reasonable Modifications. The City agrees that it shall consider and adopt as Minor Amendments such other industry standard provisions requested by Owner to obtain financing if the same is requested by a Lender in order to protect its collateral under any deed of trust, mortgage or other security instrument, provided the same does not materially diminish the interests of the City under this Agreement.
36. Provisions Relating to Anchor Tenant.
35.1 Anchor Tenant Rights and Obligations.
(a) Anchor Tenant Takeover Rights. The City hereby acknowledges that Owner intends to enter into a ground lease agreement with a nationally recognized anchor retailer (the "Anchor Tenant") for a significant portion of the Property ("Anchor Tenant Premises"), along with certain other related agreements including, without limitation, a Site Development Agreement with the Anchor Tenant ("SDA"). The City hereby acknowledges that the SDA will obligate Owner to perform the construction of certain improvements within the Project (such as, by way of example but not limitation, parking areas, drive aisles, and other common area improvements), and will also obligate Owner to perform the Offsite Traffic Improvements as required under this Agreement and the Development Agreement. The SDA will further provide the Anchor Tenant certain rights, but not the obligation, to take over and perform one or more of Owner's obligations under the SDA pursuant to the terms more particularly set forth in the SDA ("Anchor Tenant Takeover Right").
Upon execution of its lease, the Anchor Tenant shall have the rights and obligations of an Owner under the Development Agreement as to, and solely as to, its leased Anchor Tenant Premises, and shall have no obligation or duty under this Agreement or the Development Agreement to construct or complete the construction of the Offsite Traffic Improvements or to guarantee such construction or completion, and shall not be obligated to pay any fees or charges which are liabilities of Owner or Owner's successors -in -interest under this Agreement. Notwithstanding the foregoing, in the event that the Anchor Tenant exercises the Anchor Tenant Takeover Right under the SDA, the Anchor Tenant shall have the right, but not the obligation, by written notice to City, to assume Owner's obligations under this Agreement to perform the Offsite Traffic Improvements in accordance with the terms and conditions of this Agreement ("Anchor Tenant Assumption"). (b) Anchor Tenant Payment of Fees; Reimbursement. Anchor Tenant shall not be obligated to pay any fees or charges which are obligations of Owner under this Agreement; provided, however, that any development of the Anchor Tenant Premises shall be subject to the Project Approvals applicable to the Anchor Tenant Premises and subject to all of the terms and conditions hereof, including payment of all fees (delinquent, current and accruing in the future) and 84683.001 -435666.3
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charges, and assumption of all obligations of Owner hereunder that are applicable to the development of the Anchor Tenant Premises. In the event that the Anchor Tenant exercised the Anchor Tenant Takeover Rights under the SDA and completes the Offsite Traffic Improvements as required under this Agreement, the Anchor Tenant shall be entitled to such reimbursements as is owing by the City under this Agreement, less any amounts of such reimbursement as has been previously paid by the City to Owner.
(c) Notice of Owner's Breach Hereunder. If the City receives notice from the Anchor Tenant requesting a copy of any notice of default given to Owner hereunder and specifying the address for notice thereof, then the City shall deliver to such Anchor Tenant, concurrently with service thereon to Owner, any notice given to Owner with respect to any claim by the City that Owner is in default, and if the City makes a determination of non-compliance, the City shall likewise serve notice of such noncompliance on such Anchor Tenant concurrently with service thereof on Owner. (d) Anchor Tenant's Right to Cure. The Anchor Tenant shall have the right (but not the obligation) for a period of sixty (60) days after the expiration of the time period for cure provided to Owner under this Agreement to cure or remedy, or to commence to cure or remedy, the default claimed or the areas of noncompliance set forth in the City's notice. If any default or noncompliance cannot, with diligence, be remedied or cured within such sixty (60) day period, then such Anchor Tenant shall have such additional time as may be reasonably necessary to remedy or cure such default or noncompliance if such Anchor Tenant commences cure during such sixty (60) day period and thereafter diligently pursues such cure to completion. Notwithstanding the foregoing, nothing in this Agreement shall be deemed to permit or authorize any Anchor Tenant to undertake or continue construction or completion of any Offsite Traffic Improvements without first having delivered to the City the Anchor Tenant Assumption.
37. Judicial Reference. If City and Owner have a dispute, claim, or controversy in law or in equity related to the terms of this Agreement, the parties agree to first engage in discussions to attempt in good faith to negotiate a resolution of the dispute, claim, or controversy in question. The parties shall meet in an informal setting to attempt to resolve any disputes promptly but in no event later than 15 business days after the determination of a dispute, claim, or controversy has occurred pursuant to notice by one party to the other party. If any claim or controversy that arises out of or relates to, directly or indirectly, this Agreement cannot be settled by the parties within fifteen (15) business days after either party is first provided written notice of the claim or controversy by the other, the matter shall be determined by judicial reference pursuant to the provisions of California Code of Civil Procedure Sections 638 through 645.1, except as otherwise modified herein. The parties shall cooperate in good faith to ensure that all necessary and appropriate parties are included in the judicial reference proceeding. In the event that a legal proceeding is initiated based on any such dispute, the following shall apply: (a) the proceeding shall be brought and held in Riverside County, California, unless the parties agree to a different venue; (b) the parties shall use the procedures adopted by the judicial arbitration and mediation service (jams) in Riverside County, California, for judicial reference and selection of a referee (or any other entity offering judicial reference dispute resolution procedures as may be mutually acceptable to the parties); (c) the referee must be a California state retired judge or otherwise approved by both parties in their sole discretion; (d) the referee shall have the power to try any and all of the issues raised, whether of fact or of law, which may be pertinent to the matters in dispute, and to issue a statement of decision thereon. Any dispute regarding the selection of the referee shall be resolved by JAMS or the entity providing the 84683.001 -435666.3
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reference services, or, if no entity is involved, by the court in accordance with California Code of Civil Procedure Sections 638 and 640; (e) the referee shall be authorized to provide all remedies available under this agreement and appropriate under the circumstances of the controversy; (f) the referee may require one or more pre -hearing conferences; (g) the parties shall be entitled to discovery, and the referee shall oversee discovery and may enforce all discovery orders in the same manner as any trial court judge; (h) a stenographic record of the reference proceedings shall be made; (i) the referee's statement of decision shall contain findings of fact and conclusions of law to the extent applicable; (j) the referee shall have the authority to rule on all post -hearing motions in the same manner as a trial judge; (k) the parties shall promptly and diligently cooperate with each other and the referee and perform such acts as may be necessary for an expeditious resolution of the dispute; and (1) the statement of decision of the referee upon all of the issues considered by the referee shall be binding upon the parties, and upon filing of the statement of decision with the clerk of the court, or with the judge where there is no clerk, judgment may be entered thereon. The decision of the referee shall be appealable as if rendered by the court. This provision shall in no way be construed to limit any valid cause of action which may be brought by any of the parties. The parties acknowledge and accept that there is no jury in a judicial reference proceeding.
NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "JUDICIAL REFERENCE" PROVISION DECIDED BY JUDICIAL REFERENCE AS PROVIDED BY
CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE
SPACE BELOW YOU ARE GIVING UP YOU JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "JUDICIAL REFERENCE" PROVISION. IF YOU REFUSE TO SUBMIT TO JUDICIAL REFERENCE
AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO USE THAT
JUDICIAL REFERENCE PROCEEDING UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS JUDICIAL REFERENCE PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE "JUDICIAL REFERENCE" PROVISION TO RESOLUTION BY THE REFEREE.
CITY'S INITIALS OWNER'S INITIALS
[Signatures on following pages]
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SIGNATURE PAGE TO REIMBURSEMENT AGREEMENT FOR PUBLIC
IMPROVEMENTS
IN WITNESS WHEREOF, the parties have executed this Agreement as the dates set forth Below:
OWNER:
BEAUMONT REGENCY AVG
By:
Print Name:
Title:
CITY:
CITY OF BEAUMONT
By:
Print Name:
Title:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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EXHIBIT "A"
LEGAL DESCRIPTION AND DEPICTION OF PROPERTY
The Property is legally described and depicted consists of two distinct parcels: (1) the Overall Site Parcel and (2) the Major Retailer Parcel.
Overall Site Parcel
The Overall Site Parcel is legally described and depicted in 8 pages attached hereto as Exhibit A-
1. The Overall Site Parcel comprises approximately 17.660 acres of the Property and encompasses all but the Major Retailer Parcel.
Major Retailer Parcel
The Major Retailer Parcel is legally described and depicted in 5 pages attached hereto as Exhibit A-2. The Major Retailer Parcel comprises approximately 12.217 acres of the Property. 84683.001 -435666.3
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EXHIBIT A-1
LEGAL DESCRIPTION AND DEPICTION OF OVERALL SITE PARCEL
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EXHIBIT A-2
LEGAL DESCRIPTION AND DEPICTION OF MAJOR RETAILER PARCEL 84683.001 -435666.3
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EXHIBIT B
PUBLIC IMPROVEMENTS
The term "Public Improvements" shall mean and refer to those certain "Offsite Traffic Improvements" more particularly described in Exhibit D to the Development Agreement, which Exhibit D is hereby incorporated by reference. A preliminary estimate of the costs of construction of those improvements is attached to this Exhibit B to provide a further sense of the contemplated scope and expense of those improvements.
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24S
EXHIBIT B
PUBLIC IMPROVEMENTS
CSI CONSTRUCTION
Guuv.,l Cun[ouui.r, • CN.. Dos ,-• B•••IJ
BUDGET BREAKDOWN
Project: Oak Valley Village PHASE 1
Address; SEC Interstate 10 & Oak Valley Pkwy.
City: Beaumont, CA
Owner; Regency Centers
Schedule: 15 mths
lob #: xxia
Bid Date: 5/15/2025
Offsite +/-
Onsite +/-
150,589 SF
1,260,947 SF
CODE
TRADE
Off5'E ONSITE BUDGET AMOUNT
D1-000
General Conditions
107,500
107,500
DD -010
General Requirements
75,000
75,000
01-014
Survey and Restaking
39,817
39,817
01-451
Testing and Inspection
-
By Owner
01-510
Tema Utilities
-
w/ GCs
01-740
Final Cleaning
-
w/ GCs
02-230
Site Clearing & Demo
139,870
139,870
02-300
Earthwork
179,190
179,190'
02-370
Erosion Contro!Is & Street Sweeping Allowance
40,000
40,000
02-510
Dry Utilities Underground (SCE, Telecom, Gas)
1,788,949
1,788,949
02-400
Traffic Control Allowance
75,000
75,000
02-510
Site Utilities - Fire Water
-
02-520
Site Utilities - Water
-
02-530
Site Utilities - Sewer
57,029
57,029
02.630
Site Utilities - Storm
-
02-740
AC Pavement
878,503
878,503
02-745
Bumpers & Striping
76,300
76,300
02-770
Site Concrete
516,493
516,493
02-900
Landscape & Irrigation
171,368
171,368
03-110
Concrete
-
w/ site conc.
03-308
Reinforcement
-
w/ trades
16-010
Traffic Signal Modifications
2,357,800
2,357,800
SUBTOTAL:
6,502,$19 -
6,502,819
01-205
Liability Insurance 1550%
100,794 -
100,794
01-206
Builder's Risk Insurance 0.00096
-
-
01-201
Perf & Pavment Bond 0.000%
- -
-
90-001
Fee 4.509%
297,163 -
297,163
80-001
Contractor Contingency 10.000%
690,078 -
690,078
01-2055
Escalation (MarketVolatilityi 0.000%
- -
-
TOTAL:
7,590,853 -
7,590,853
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EXHIBIT C
DESIGN, BID AND CONTRACTING MINIMUM REQUIREMENTS
Design, Plan Approval, and Bidding Phase
A. Bidding Documents. Unless otherwise noted, the bidding documents shall conform to the following minimum requirements and shall be submitted to City for its prior written approval before release for bid. City shall review and approve, conditionally approve, or disapprove the bidding documents within fifteen (15) days after receipt:
1. Unless impractical due to the nature of the Public Improvements, the bid proposal shall be unit priced rather than lump sum or time and materials.
2. It is recommended that the bidding documents require the bidder/contractor to provide the following bonds:
a. Bid Bond - 10% of the amount of the bid.
3. The bidding documents shall require the successful bidder to provide evidence of comprehensive public liability insurance in an amount established by the City.
4. The bidding documents shall provide for monthly progress payments to the contractor.
5. The contractor shall be required to pay prevailing wages (in accordance with Articles 1 and 2 of Chapter 1, Part 7, Division 2 of the Labor Code) and to otherwise comply with applicable provisions of the Labor Code, the Government Code, and the Public Contract Code relating to public works projects of cities/counties and as required by the procedures and standards of City with respect to the construction of its public works projects or as otherwise approved by the City.
6. The bidding documents must clearly state the time, date, and place where bids are to be submitted and opened.
7. The bidding documents shall clearly state the amount of time to complete the work.
The time allowed must be reasonable for the amount of work. Accelerated construction time allowances must be supplemental bid and are not eligible for public reimbursement unless previously approved by the City's Public Works Director.
8. The bid documents must require the contractor to provide 100% faithful performance and 100% labor/materials bonds.
9. Owner shall keep a list of bidders with e-mail addresses, and addenda should be sent via email to ensure quick receipt.
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26 10. Conditioned bids shall not be accepted.
B. Owner may pre -qualify bidders in accordance with California Public Contract Code Section 20101, by requiring all persons interested in bidding on any portion of the Public Improvements to submit current financial statements and a pre -qualification questionnaire in a form approved by City, and by scoring each submission based on reasonable, objective criteria reasonably acceptable to City. Owner must implement an appeals procedure for responding to disputes in compliance with California Public Contract Code Section 20101(d). If Owner elects to pre -qualify bidders, only those bidders who have submitted complete pre -qualification packets and obtained the minimum required score based on the objective rating system adopted by Owner (and approved by City) shall be permitted to bid on any portion of the construction work for the Public Improvements.
C. Owner shall keep a log of all persons obtaining pre -qualification questionnaires and/or bidding documents and all persons who submit pre -qualification questionnaires and/or bids and their mailing addresses.
D. Addenda shall be mailed by first class mail (or submitted by confirmed electronic transmission) to all bidding document holders and the City's Public Works Director at the same time. The last addendum shall be issued no later than three (3) Business Days prior to the date of opening bids.
E. Submitted bids shall be in sealed envelopes.
F. Bids shall not be accepted after the stated time for submission.
G. Bid opening shall be conducted by Owner at Owner's place of business or other site mutually acceptable to Owner and City's Public Works Director.
H. Sealed bids shall be opened and read aloud immediately following the submission time.
The City's Public Works Director shall be invited to attend the bid opening.
I. Conditioned bids, unless the bid proposal lists them for all to bid on, shall not be accepted.
J. The arithmetic of the lowest bid proposals received shall immediately be checked for errors.
K. All bids received shall be provided to the City's Public Works Director. The City's Public Works Director may, in his or her reasonable discretion, reject any and all bids that he or she determines to be nonresponsive.
L. Award shall be made to the lowest responsible qualified bidder within five (5) Business Days after the bid opening. At least three (3) bids must be received for each Construction Contract to be awarded.
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M. A preconstruction meeting shall be held with the contractor prior to beginning the work. A City representative shall be invited to attend the meeting.
N. The Notice to Proceed shall be issued within a reasonable period following the contract execution.
Construction Phase
A. The City's Public Works Director shall be provided a copy of the construction schedule.
B. Owner shall require the contractor to conduct weekly construction status meetings to which the City's Public Works Director shall be invited.
C. Any additional costs incurred solely for the benefit of Owner, such as accelerating the construction schedule, shall not be eligible for reimbursement unless previously approved by the City's Public Works Director.
D. Any additional construction costs incurred due solely to unexcused delays caused by Owner following commencement of construction shall not be eligible for reimbursement under this Agreement.
E. All contracts and construction related records shall be available to City as and when required for the final determination of eligible costs for reimbursement.
F. Owner must file a Notice of Completion within thirty (30) days of City's approval of the Public Improvements (determining substantial completion).
G. Owner must comply with all applicable requirements of the Public Contract Code with regard to stop notices and liens filed.
H. Owner shall make prompt payment to all contractors and subcontractors.
I. Amounts reflected in any stop notice properly filed against Owner or City shall be withheld from progress payments to contractors/subcontractors.
J. All public improvements constructed by Owner are subject to inspection by or on behalf of the City Engineer. Construction shall be scheduled to allow for periodic inspection by the City Engineer or his designee. The Owner's contractor will be required to provide adequate quality assurance and quality control measures to ensure all public improvements are constructed in accordance with the Standard Specifications for Public Works Construction or Caltrans Standard Specifications, as appropriate for the work to be constructed.
General
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28 Any deviation from these rules must be approved by either the City Manager, Public Works Director, or City Engineer or their designees.
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EXHIBIT D
FORM OF PERFORMANCE AND PAYMENT BONDS
Performance Bond
Whereas, The Board of Supervisors of the County of (or the City Council of the City of ), State of California, and (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 19_, and identified as project , is hereby referred to and made a part hereof; and
Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
Now, therefore, we, the principal and , as surety, are held and firmly bound unto the County of , (or City of ) hereinafter called (" "), in the penal sum of dollars ($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless , its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by county (or city) in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on ,19 .
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30 Payment Bond
Whereas, The Board of Supervisors of the County of (or City Council of the City of ), State of California, and (hereinafter designated as "the principal") have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated , 20_, and identified as project , is hereby referred to and made a part hereof; and
Whereas, Under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the County of (or the City of ) to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
Now, therefore, the principal and the undersigned as corporate surety, are held firmly bound unto the County of (or the City of ) and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by county (or city) in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on , 20 .
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BEAUMONT
-C A L I F O R N I A
Staff Report
TO: City Council
FROM: Gustavo J. Romo, Deputy City Manager
Robb Steel, Economic Development Consultant
Melody Arechiga, Senior Planner
DATE June 17, 2025
SUBJECT: Development Agreement by and between the City of Beaumont and Beaumont Regency AVG LLC (PLAN2025-0177)
Description Conduct a Public Hearing for Consideration and Approval of a Development Agreement (DA) between the City of Beaumont and Beaumont Regency AVG LLC for the development of a 279,941 square -foot (sf) commercial shopping center at Oak Valley Parkway and the I-10 Freeway (Project) on a 28.95 acre site (Site), Adoption of a Resolution Approving the Off -Site Traffic Improvements Reimbursement Agreement (RA), Adoption of a Resolution to approve Amendment No. 6 to the City Five -Year Capital Improvement Plan for Fiscal Years 2025-2029 (CIP), and Amend the Fiscal Year 2024-2025 Budget. The DA has been determined exempt under Article 12, Section 15183 (Projects Consistent with a Community Plan or Zoning) of the California Environmental Quality Act (CEQA).
Background and Analysis:
Planning Commission Action
On May 28, 2025, the Planning Commission conducted a public hearing, approved a Plot Plan for the retail center layout and design, Variances for reduction in parking and open space, and Sign Program for the subject development with conditions of approval and findings in accordance with Section 15183 of the CEQA Guidelines identifying the Project as exempt from further environmental review. The Commission also recommended approval of the DA to the City Council by adoption of an ordinance of the City Council.
Applicant
On December 19, 2024, Beaumont Regency AVG LLC, a limited liability company formed between the landowner (Oak Valley Village LLC, a California Limited Liability Company) and Regency Centers LP, a Delaware corporation (Applicant) submitted requests for the Project entitlements, including a DA. Regency Centers is a national
owner, operator, and developer of shopping centers across the United States specializing in anchored shopping centers within suburban communities.
Development Agreements
California Government Code (Section 65864 et. seq.) and City of Beaumont Resolution 1987-34 authorize the negotiation and approval of development agreements.
Development agreements eliminate uncertainty with respect to the development process and promote more orderly and efficient development, thereby improving the local economy. The City wishes to grant such certainty to induce development that creates jobs, provides goods and services to residents, and generates revenues to support public services. Development agreements typically vest certain land use entitlements and provide other support in exchange for consideration that may include extraordinary land dedications, expanded public improvements, accelerated development timing, or general project inducement.
Resolution 1987-34 requires that the City Council, after receiving a recommendation from the Planning Commission, conduct a public hearing and make the following findings to approve a development agreement:
A. The provisions of the agreement are consistent with the general plan and any applicable specific plan; and
B. The development agreement complies with all applicable zoning, subdivision, and building regulations and with the general and any specific plan.
The DA must state the specific duration of the agreement, the permitted uses of the property, the density and intensity of use, the maximum height and size of proposed buildings, and any specific provisions for reservation of dedication of land. The City Council must approve the DA by adoption of an ordinance.
The proposed DA incorporates the required content, and the staff report addresses the required findings.
Development Agreement Negotiation Goals
The Applicant and the City negotiated the DA to accomplish the following goals:
• Develop the Site into a high -quality commercial development that will reduce retail sales leakages, maximize tax revenues to the City, create job opportunities, and provide goods and services currently lacking in the community.
• Develop a modern community shopping center anchored by a major general merchandise retailer and grocery store, accompanied by an assortment of specialty retail, restaurant, and service businesses.
• Offset the cost of public improvements, thereby rendering the Project economically feasible to develop and operate for the Applicant. • Structure the transaction to limit the Applicant's obligation to pay prevailing wages to the public improvements of the Project by structuring the DA in accordance with State statutory requirements.
In accordance with Labor Code Section 1720(c), if the City "requires the developer to perform construction ...work on a public work of improvement as a condition of regulatory approval of an otherwise private development project, and the City contributes no more money, or the equivalent of money, to the overall project than is required to perform this public improvement work, and the state or political subdivision maintains no proprietary interest in the overall project, then only the public improvement work shall thereby become subject to the payment of prevailing wages." To minimize the risk that the DA triggers an obligation to pay prevailing wages for the construction of the private improvements, the DA only offers reimbursement of actual costs for the public improvements imposed as a condition of regulatory approval and the City does not maintain a proprietary interest in the Project. Consequently, the parties intend that prevailing wage obligations only apply to the construction of the public improvements. The Applicant must defend, indemnify, and hold the City harmless from any claim related to prevailing wage liability, and the parties agree to cooperate to address any such claims to avoid such exposure.
Site Description
The larger property consists of eight (8) vacant parcels totaling 64.3 acres on the south side of Oak Valley Parkway, easterly of the I-10 freeway. The Applicant will carve a
28.95 -acre development site area (Site) from the larger property for the purposes of the Project by processing a lot line adjustment and dedicating remaining portions of the property for habitat conservation, stormwater detention, and other purposes. The Site currently lacks public improvements along its full frontage. The landowner also owns a vacant parcel to the east of the Site that is not part of the current Project but proposed for later development (although it will benefit from the proposed Oak Valley Parkway improvements).
Project Description
The Project would develop in two (2) phases totaling approximately 280,000 square feet (sq. ft., rounded) of commercial uses. The Phase I Project consists of approximately
230,000 sq. ft. of commercial uses, anchored by an approximately 148,000 sq. ft. Target general merchandise store and an approximately 24,000 sq. ft Sprouts grocery store.
In -line shop space and pads would add another 58,000 sq. ft. of commercial space.
Targeted tenants for the shop space and pads include a variety of fast casual restaurants and service establishments including Cava, Chipotle, Philz Coffee, Starbucks, Bath & Body Works, and Famous Footwear. The Applicant intends to ground lease pads to Target and several outparcel tenants, while also developing its own vertical improvements for direct lease to other tenants.
The Phase II Project would add another large format retailer of approximately 50,000 sq. ft. with parking on approximately five (5) usable acres of the Phase II Site. Potential tenants include, but would not be limited to, Dick's Sporting Goods, Burlington, or TJ Maxx/Marshalls.
If facilitated by an approved and adopted DA, the Applicant would construct horizontal on and off -site improvements for the Phase I Site and the Phase II Site during initial construction to achieve scale economies, minimize future construction disruption, and encourage development of the Phase II Project. During the Phase I Project, the Applicant is required to also rough grade the Phase II Site and construct the detention basin and the slope protection improvements along Noble Creek along with the retaining walls next to the freeway offramp. The Applicant would be responsible to construct the off -site improvements along the full frontage on Oak Valley Parkway from the westbound I-10 freeway off -ramp to a point approximately 700 feet easterly of Oak View Drive ensuring not less than 4 travel lanes in both directions easterly on Oak Valley Parkway. The Project would access Oak Valley Parkway via two full -access signalized intersections at Golf Club Drive and at Oak Valley Plaza and one right in/right out only driveway.
Freeway Sign Digital Display)
The Applicant seeks a waiver of the moratorium on billboard signs from the City for a future "Gateway" digital pylon sign/billboard permitting on and off -site advertising. The proposed location would be at the southeast corner of the Site adjacent to the westbound freeway off -ramp within the Phase II Site. The Applicant also submitted a Sign Program that includes pylon signage, monument signage, and storefront signage for individual tenants. The subject freeway sign is not a part of the approved Sign Program. Therefore, the sign would have to be submitted separately through an amendment to the Sign Program and reviewed through a public hearing by the City's Planning Commission. In addition, the Applicant would be solely responsible for securing permits from other governmental entities with jurisdiction for the digital pylon sign/billboard.
Except as otherwise provided in the DA, Applicant shall assume all Project costs.
Term
The proposed term of the DA is ten (10) years from the Effective Date. The Effective Date means the later of (i) 30 days after adoption of the ordinance approving the DA, and (ii) the date the Applicant acquires the Property, but in any event not later than June 30, 2026. The Applicant and any successors would be able to request extension of the term for an additional five (5) years subject to the City approval. The ordinance approving the DA would be a legislative act subject to referenda.
Land Use Entitlements (Project Approvals, Applicable Rules and Reserved Rights) Development of the Project would be subject to the approved land use entitlements, consisting of the Project Approvals, Applicable Rules and Reserved Rights as summarized below. The Project Approvals consist of the land use entitlement applications submitted to, and approved by, the Planning Commission using adopted rules, regulations, ordinances and official policies of the City regarding land development as of the Effective Date (the Applicable Rules). With limited exceptions (the Reserved Rights in Section 2.8.2), the DA would grant the Applicant a vested right to develop the Project in accordance with the Project Approvals and the Applicable Rules.
Project Approvals: The Applicant submitted the following land use entitlement applications to the City and the Planning Commission for its Project Approvals (the Planning Commission Staff Report dated May 28, 2025, is attached hereto as Attachment A, providing details regarding the Project Approvals):
• Plot Plan (P2024-0059)
• Parking Variance (V2024-0019)
• Open Space Variance (V2025-0031)
• Sign Program (Plan 2024-0157)
On May 28, 2025, the Planning Commission conducted a public hearing, approved the subject applications, imposed conditions of approval, and made findings in accordance with Section 15183 of the CEQA Guidelines that the Project is exempt from further environmental review because it is consistent with a previously approved general plan and certified environmental impact report. In addition, the Site was the subject of a certified environmental impact report for a larger commercial project in 2007. The Applicant filed a Notice of Exemption with the State Clearinghouse and County Clerk on May 30, 2025 (SCH #2025051384). The Planning Commission adopted Resolution No. 2025-02 making the findings required by Resolution 1987-34 and recommending that the City Council approve the Development Agreement (Attachment B).
The proposed DA defines the above enumerated land use entitlement approvals as the Planning Entitlements. The Project Approvals encompass the Planning Entitlements and the DA.
Applicable Rules: The Applicable Rules mean: (a) the land use regulations of the City as of the Effective Date of the Ordinance, and (b) future rules that are not inconsistent with the current land use regulations and the proposed DA and agreed upon in writing by Applicant and the City.
The Project may require subsequent ministerial or discretionary permits, licenses, environmental findings, or other similar approvals to develop the Project. The City must impose Conditions of Approval consistent with the Project Approvals and Applicable Rules unless otherwise agreed by the Applicant.
Reserved Rights: The Project would remain subject to all Federal and State Laws, Police Powers, and Uniform Codes as they exist today or as modified in the future.
These include building codes, public improvement construction standards, and other health and safety regulations. If the Applicant proposes to modify the Project in the future, such changes are not Project Approvals, and the Applicant does not retain the vested rights with respect to those changes.
The Applicant and Project would be subject to any lawfully imposed conditions of approval imposed by other governmental agencies. The Project and its occupants would remain subject to all taxes of general applicability (such as sales taxes, transient occupancy taxes, or property taxes).
The Development Agreement does not bind the Applicant to any specific schedule of performance for the private improvements.
Development Fees
The Applicant would also be required to pay all customary planning processing and permit fees for the Project in accordance with the applicable City planning, engineering, building, and development fee schedules. The Applicant would also pay, or cause to be paid, any required processing fees by other regulatory agencies with jurisdiction over the Project at the time and in the manner prescribed. Applicant would solely be responsible for all costs of land use entitlement and building permit issuance/inspection.
The Developer (or its purchaser/users) would be required to pay all Development Impact Fees imposed by the City in accordance with the schedule in effect at the issuance of building permits. The City currently levies 11 distinct capital facility impact
fees to mitigate the costs of growth upon the City's infrastructure and burden development for its fair share of those costs. The Phase 1 Project would be expected to pay a total of between $3.6 million and $5.0 million in development impact fees to the City, depending upon when building permits are issued (before December 31, 2025, or after as illustrated in the table). The Phase 1 Project would be expected to pay a total of $2.5 million to $3.5 million to the Streets & Bridges (Transportation) Account from which the reimbursement payment for public improvements is proposed. Refer to Fiscal Impact for DIF balance discussion.
Development I npact Fee Estimate
Regency Centers
Oak Valley Village (Target & Other Retail)
Fees Effective 7101125
Fee/Unit Target Other BSF
Fees Effective 1101/26
Project Fee/Unit Target Other BSF Project
Fire Protection Facilities
Police Facilities
Public Facilities
Streets and Bridges
Railroad Crossings
Sewer Facilities
Recycled Water Facilities
Sewer Capacity
Sewer Capacity
General/Advanced Planning
Emergency Preparedness
Storm Drain Facilities
Low Strength
High Strength
0.360
0.270
0.150
10.700
2.810
0.250
0.140
0.900
2.060
0.010
0.002
0.010
53,231
39,923
22,179
1,061,1;i4
415,495
36,966
20,701
133,077
1,479
2%
1,479
29,621
22,216
12,342
dSdSU,3y6
231,207
20,570
11,519
48,737
57,944
823
165
823
82,851
62,139
34,521
1,461,530
646,702
57,536
32,220
181,814
57,944
2,301
460
2,301
City of Beaumont Fees 2,306,959 1,316,361 3,623,320
Fees/BSF
15.60 16.00 15.74
0.430
0.350
0.160
15.050
4.240
0.310
0.140
0.940
2.190
0.010
0.002
0.020
63,581
51,752
23,658
1,115,3325
626,939
45,838
20,701
138,991
1,479
296
2,957
35,380
28,798
13,165
1,1325,314
348,867
25,507
11,519
50,903
61,600
823
165
1,646
98,961
80,550
36,823
3,463,651
975,806
71,344
32,220
189,894
61,600
2,301
460
4,603
3,201,530 1,816,687 5,018,216
21.65 22.08 21.80
The Developer would be required to pay any development impact fees levied by other regulatory agencies with jurisdiction over the Project at the time and in the manner prescribed, including but not limited to Transportation Uniform Mitigation Fee (TUMF), Multiple Species Habitat Conservation Plan (MSHCP), Beaumont Unified School District (BUSD), and Beaumont -Cherry Valley Water District (BCVWD). The Developer (or its purchaser/users) would be required to pay any or all Fair Share Fees imposed by the City or other regulatory agencies with jurisdiction over the Project at the time and in the manner prescribed. The Applicant would be able to seek credit or reimbursement for eligible costs incurred under these programs.
Public Improvements
The Applicant requested a City contribution toward the cost of public improvements imposed as a condition of regulatory approval for the Project. The Public Improvements generally consist of the following:
• Widening the south side of Oak Valley Parkway to its full width improvement standard the entire length of the Project frontage and extending to a point 700 feet easterly of the centerline of Oak View Drive to provide not less than four full lanes of travel easterly on Oak Valley Parkway (and along the full frontage of landowner's property, including property not included in the current Project). • Installation of two (2) new traffic signals and ancillary intersection improvements at Desert Lawn Parkway and Elm Avenue.
• Modifications to three (3) existing traffic signals and ancillary intersection improvements on Oak Valley Parkway at Oak View Drive, Golf Club Drive, and Oak Valley Plaza.
• Widening and intersection improvements for a Project driveway on Oak Valley Parkway between the I-10 Freeway and Golf Club Drive.
• Install necessary underground utilities (water, sewer, gas, etc.) to support the Project and adjacent properties.
• Underground overhead electrical, cable, phone, and related line utilities in accordance with the Beaumont Municipal Code.
The estimated hard cost of this scope of work is anticipated to be $7.6 million per the Applicant's estimates (the estimate is included as Exhibit D to the Development Agreement). The DA would obligate the City to make a Maximum Reimbursement payment of $6 million toward the "actual" hard and soft costs of these public improvements in accordance with the terms of an Off -Site Traffic Improvements Reimbursement Agreement. Only public improvements that will be owned and maintained by the City of Beaumont are subject to reimbursement per the agreement.
The Nexus Study for the Streets & Bridges development impact fee does not specifically identify the Oak Valley Parkway improvements. In order to make the Maximum Reimbursement payment from this Account as proposed in the Fiscal Impact Section of this staff report, the City's Nexus Study consultant (Willdan) recommended that the City (1) include the new project in the Capital Improvement Program (CIP) and provide a description why it is a reasonable substitute for the project(s) being replaced, and (2) identify the substituted project in the annual AB 1600 report and addressing the other AB 1600 reporting requirements. Staff proposes to amend the 2025-2029 CIP to add a new capital project (R25-16 Oak Valley Widening and Traffic Signals Update Project) in the amount of $6,000,000. Partial funding in the amount of $2,100,000 from the Streets and Bridges Account derives by replacing the following projects from the CIP and from the Nexus Study:
1. R26-04 Traffic Signal Installation at Future Location
2. R27-04 Traffic Signal Installation at Future Location
3. R28-04 Traffic Signal Installation at Future Location
4. R25-07 Traffic Signal at OVP and Palm Avenue
Total:
$ 600,000
$ 600,000
$ 600,000
$ 300,000
$2,100,000
The remaining funding of $3,900,000 is proposed from General Funds as described in the Fiscal Impact section of this report.
Off -Site Traffic Improvements Reimbursement Agreement
The specific procedures for administering the public improvement project and submitting a reimbursement request are included in the Offsite Traffic Improvement Reimbursement Agreement attached as Attachment C. The Applicant would be required to comply with specified elements of the Public Contract Code and pay prevailing wages to all eligible workers on this component of the Project. The Applicant would be required to secure its obligations by posting bonds for not less than 100% of the estimated project costs. Upon completion, the City would inspect and, if applicable, accept the public improvements as complete, receive post -completion maintenance guarantees and as -built drawings among other items. Thereupon, the Applicant would submit a Reimbursement Request documenting all eligible actual costs of constructing the public improvements by providing invoices, checks, and other documentation reasonably required by the City. The City would review the Reimbursement Request within 30 days after receipt, and if approved, pay the claim within 30 days after approval.
Further, the Applicant must satisfy the following conditions before the City must make the final Maximum Reimbursement payment:
1. Substantially complete the Offsite Traffic Improvements, and
2. Substantially complete the on -site improvements (i.e., horizontal work including grading, asphalt, landscape, utilities, concrete, parking lot lighting, etc. in all material respects), and either:
3. Cause a major retailer with a nation-wide presence having at least 125,000 square feet of floor space to open for business within the Project, or
4. Obtain 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 ensure the City has received at least one dollar of sales revenue originating from the Project.
The projected satisfaction date for these conditions is the 2nd quarter of 2027 with a payment due date in the 3rd quarter of 2027 assuming the Applicant submits a complete reimbursement request.
Permit and Improvement Deferral
It is expected that the Owner/Applicant will diligently pursue all necessary permits from Caltrans for work within the Caltrans right-of-way and related Caltrans facilities within a reasonable timeframe following project approval. However, the Owner/Applicant is concerned with potential Caltrans delays. In the event that the required Caltrans permit is delayed beyond the completion of other public improvements or issuance of the Certificate of Occupancy, it has been the City's practice to allow Owners/Applicants to apply for an Improvement Deferral Agreement. This agreement may allow for the deferral of Caltrans-specific improvements for a period not exceeding one (1) year beyond the issuance of the Certificate of Occupancy. This practice is intended to give tenants the assurance that their Certificates of Occupancy will not be delayed due to circumstances beyond their control.
Digital Display
The Applicant proposes a digital display sign that promotes on and off -site products and opportunities. A conceptual plan that would be considered at a separate public hearing is attached hereto as Attachment D.
Beaumont Municipal Code Section 17.070.030 defines a billboard as a permanent sign structure used for the display of offsite commercial messages. Section 17.070.030.E finds that "the City already has a sufficient number of billboards to satisfy the community's needs for offsite commercial messages, and that any new or additional billboards, which by their very nature cause serious esthetic harm, would negatively impact the appearance of the City. For these reasons, the City completely prohibits the construction, erection or use of any billboards, other than those which legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision is first adopted, except for the relocation of existing billboards pursuant to this section."
The Applicant requests an exception to this prohibition for the Project. The City Council may, via the Development Agreement authorized by ordinance, grant an exception to this prohibition for this Project and for no other within the City. Section 2.2.1 of the proposed DA treats the approval of the digital display sign as a subsequent discretionary approval and the Applicant would be required to submit an application for sign permit approval to the Planning Commission, which will address location, design,
and operating conditions of approval. The Applicant would also be required to secure all approvals from other jurisdictional authorities including Caltrans under the California Outdoor Advertising Act. If approved, the Applicant would agree to indemnify and hold harmless the City from any and all claims associated with failure to obtain other agency's approval of the digital display.
The Applicant has stated a willingness to discuss public service announcements for the City in the future.
Development Agreement Benefits/Costs
The DA would mitigate uncertainty for the Applicant and improve project feasibility by contributing up to $6 million of City funds to offset the cost of extraordinary public improvements. The City's cost would be recaptured from the following benefits:
• Sales Taxes: Upon Phase 1 Project completion, the City would realize potential gross sales tax revenues of $750,000 per year and net sales tax revenues of $675,000 per year (after assuming a 10% intracommunity transfer factor). Phase 2 could add another $150,000 per year in gross sales taxes upon completion ($135,000 net). The City would also recognize an increase in state and county pool allocations based upon a growing share of the regional sales tax base, with an estimated increase of approximately $81,000 per year upon buildout of Phases 1 and 2 based upon an assumed 10% share of the state and county pool allocations. • Property Taxes: The completed Phase 1 Project produces net new assessed valuations of approximately $77 million. Phase 2 would add another $12 million for total buildout assessed valuations of $89 million. This assessed valuation increase would produce approximately $104,000 per year in new property taxes to the City of Beaumont. In addition, the City would recognize an estimated increase of $85,000 per year in motor vehicle in lieu subventions due to the increased property valuation. • Jobs: Using standard employment multipliers for commercial space, the Project would create an estimated 450 new full and part-time jobs with Phase 1. Phase 2 would add another 100 jobs to the employment base.
• New Goods and Services for Residents: The Project would provide additional shopping and dining opportunities for Beaumont residents, including general merchandise, grocery, specialty retail, and dining. Currently, Beaumont suffers retail sales leakages to surrounding communities for all these merchandise categories.
Upon completion and stabilized occupancy of Phases 1 and 2, the City should receive approximately $1.1 million in net new General Fund revenue annually from sales and
property taxes, thus, recovering the $3,900,000 initial impact on the General Fund within 3 to 4 years.
Development Agreement Risks
The City accepts certain risks under the terms of the proposed Development Agreement:
• Changes in Land Use Preferences: The DA would generally restrict the City from modifying the land use regulations that apply to the Project for a period of 10-15 years.
Neither a future City Council nor the resident voters of Beaumont would impair the development of the Project as approved for the term of the Development Agreement. • Public Revenues may not materialize in the amount projected: The forecasted revenues are based upon expected tenancies and sales volumes. The DA would provide no minimum revenue guarantee and no assurance that any specific tenant would open for business at the location. General economic conditions (recessions, inflation, consumer trends) would impact the actual performance of the Project and the City's anticipated public improvement investment payback. • Applicant may become entitled to the Maximum Reimbursement amount, but Major Retailer does not construct and or operate a store. Under the terms of the proposed DA, the City may be obligated to make the reimbursement payment for public improvements without the major retailer in operation. The major retailer may have an executed lease with the Applicant, but the Applicant does not have an operating covenant from the major retailer — in other words, an obligation to open a store for business. The public revenues would substantially diminish in this unlikely event; however, the Applicant would be highly motivated to find a suitable replacement tenant(s) to maximize the value of the shopping center.
Importantly, under any of these outcomes, the City would nevertheless benefit from the installed infrastructure and improvements to the circulation system on Oak Valley Parkway. The Site would also be fully improved and ready for immediate development.
Environmental
On May 28, 2025, the Planning Commission determined that the Project Approvals were exempt from CEQA under Article 12, Section 15183 of the CEQA Guidelines because the Project is consistent with a community plan and zoning. On May 30, 2025, the Applicant filed a Notice of Exemption with the County Clerk and State Clearinghouse. The proposed DA is likewise exempt pursuant to Section 15183, and if approved and adopted, the Applicant will file a Notice of Exemption after the second reading of the ordinance.
Fiscal Impact:
By amending the CIP and the Nexus Study to add the Oak Valley Widening and Traffic Signals Update Project (R25-16), the City may contribute up to $2,100,000 from the Streets & Bridges Development Impact Fee Account. The Applicant and other Project developers would be required to pay an estimated $2.5 million to $3.5 million in Streets & Bridges Development Impact Fees at Phase 1 build out (with an additional $0.75M for Phase 2). Other developments within the City would also contribute to the Streets & Bridges Account prior to the date for reimbursement. The CIP Amendment would establish a priority claim on the Streets & Bridges Account to make the Reimbursement Payment to the Applicant after fulfilling all current obligations against the Account.
If the Streets & Bridges Account does not have adequate funding to make the full Reimbursement Payment, the General Fund would assume responsibility for any residual obligation. The General Fund would loan the shortfall to the Streets & Bridges Account and recover the advance from future developer deposits into the Streets & Bridges account.
The General Fund is obligated for the $3,900,000 residual obligation payable from the following adjustments in the CIP:
BEAUMONT
CAPITAL IMPROVEMENT PROGRAM- CHANGE LOG
FY25-29 AMENDMENT NO. 6
City of Beaumont
CIP
CIP
Pro'ect
Budget Changes Funding
Source
FY Update
Funding
R25-16 Oak Valley Widening and Traffic Signals Update
Project
R25-16 Oak Valley Widening and Traffic Signals Update
Project
R25-16 Oak Valley Widening and Traffic Signals Update
Project
R25-16 Oak Valley Widening and Traffic Signals Update
Project
R25-16 Oak Valley Widening and Traffic Signals Update
Project
F25-02 Fire Engine
R25-11 Street Name Sign (400,000) General Fund
R25 California Storm Drain Replacement (600,000) General Fund $
$
$
2,100,000 DIF -Transportation
2025 New Project
1,000,000 F25-02 Fire Truck Purchase 2025 New Project
404,000 R25-11 Street Name Sign 2025 New Project
R25 California Storm Drain
600,000 Replacement 2025 New Project
1,900,000 General Fund 2025 New Project
(1,000,000) General Fund
$
2025 Budget Change
2025 Close/ Defer
2025 Close /Defer
Proposed Amendment No. 6 to the FY25-29 CIP reallocates General Funds from projects proposed for closing or deferral in the amount of $2,000,000. This necessitates a supplemental General Fund allocation of $1,900,000 to fulfill the $6,000,000 Maximum Reimbursement.
Section 2.7.1 of the DA would require that the City provide for the Maximum Reimbursement in the City's Capital Improvement Program and Budget at the time of adopting the ordinance. City staff noticed a public hearing concurrent with DA consideration to fulfill this proposed obligation by adopting resolutions amending the CIP and Budget.
The General Fund recovers its total contribution of $3,900,000 from the direct and indirect revenue streams, notably sales taxes, property taxes, and motor vehicle in -lieu taxes. The table below projects the Project revenues and expenses to illustrate the Estimated General Fund Investment Payback
Regency Oak Valley Village Project
General Fund Revenues
Running
Regency GF
Net County/State
Gen Levy
Motor
Annual
Total
Reimbursement
On -Site
Pool
Property
Vehicle
Revenue
General Fund
Net GF
Year ft FY Phase Stage Payment
Sales ALLocations
Tax
In Lieu
Total
CashfLow
Investment
1 2026 Phase Construction
-
-
-
-
-
-
-
2 2027 Phasel Construction
-
-
-
-
-
-
-
3 2028 Phase 1 Lease Up (3,900,000)
675,000
68,000
89,000
73,000
905,000
(2,995,000)
(2,995,000)
4 2029 Phasel Lea s ed/P2 Const
675,000
68,000
89,000
73,000
905,000
905,000
(2,099,000)
5 2030 Phase 1 & 2 Stablized Occupancy
810,000
81,000
104,000
85,000
1,080,000
1,080,000
(1,010,000)
6 2031 Phase 1 & 2 Stablized Occupancy
810,000
81,000
104,000
85,000
1,080,000
1,080,000
70,000
7 2032 Phase 1 & 2 StabLized Occupancy
810,000
81,000
104,000
85,000
1,080,000
1,080,000
1,150,000
8 2033 Phase 1 & 2 Stablized Occupancy
810,000
81,000
104,000
85,000
1,080,000
1,080,000
2,230,000
9 2034 Phase 1 & 2 Stabilized Occupancy
810,000
81,000
104,000
85,000
1,080,000
1,080,000
3,310,000
10 2035 Phase 1 & 2 StabLized Occupancy
810,000
81,000
104,000
85,000
1,080,000
1,080,000
4,390,000
Notes:
1. Revenues and expenses are not inflated nor discounted.
2. Pool allocations conservatively assumed at 10% of net on -site sales. anticipated payback period. Based upon the assumptions, the General Fund recovers its initial investment in FY 2031, four years after the Applicant receives the Reimbursement Amount.
Recommended Action:
Conduct Public Hearing and then:
Waive the first full reading and adopt by title only, "An Ordinance (Attachment E) of the City Council of the City of Beaumont Approving a Development Agreement (Attachment F) by and between the City of Beaumont and Beaumont Regency AVG LLC" and making findings that the Development Agreement is exempt from CEQA in accordance with Section 15183 of the CEQA Guidelines.
Adopt Resolution of the City Council (Attachment G) approving the Off -Site Traffic Improvements Reimbursement Agreement to be effective only with the Development Agreement.
Adopt by title only "A Resolution of the City Council (Attachment H) approving Amending the Five -Year Capital Improvement Plan for Fiscal Years 2025-2029" to include the Maximum Reimbursement Amount of $6 million from the Streets & Bridges Development Impact Fee Account.
Attachments:
A. Planning Commission Staff Report and Attachments
a. CEQA 15183 Exemption Analysis
b. Draft Conditions of Approval
c. Draft Resolution
d. Development Agreement and Off -Site Traffic Improvements Reimbursement Agreement
e. Development Plans
f. Sign Program
g. General Plan Land Use Designation Map
h. Zoning Map
i. Aerial Photograph
j. Parking Variance Request
k. Open Space Variance Request
I. CA ABC License Report 438.22
m. Radius Map and Certification
n. Proof of Publication
B. Planning Commission Resolution No. 2025-02
C. Off -Site Traffic Improvements Reimbursement Agreement D. Billboard Sign — Conceptual Drawing — Reference Only E. Ordinance of the City Council Approving Development Agreement F. Development Agreement
G. City Council Resolution Approving the Off -Site Traffic Improvements Reimbursement Agreement
H. City Council Resolution Amending FY25 CIP
I. Notice of City Council Public Hearing/Proof of Publication J. Budget Adjustment Form
BEAUMONT
-C A L I F O R N I A
TO:
FROM:
DATE
SUBJECT:
Planning Commissioners
Gustavo J. Romo, Deputy City Manager
Melody Arechiga, Senior Planner
May 28, 2025
Oak Valley Village — Plot Plan (PP2024-0059), Sign Program (PLAN2024- 0157), Variance (V2024-0019 and V2025-0031), Development Agreement (PLAN2025-0177) and Section 15183 CEQA Exemption
Regency Centers, LP
APPLICANT:
Staff Report
Description A Public Hearing to consider a request for approval of a Plot Plan (PP2024-0059), Sign Program (PLAN2024-0157), Variances (V2024-0019 and V2025- 0031) for parking and open space, and Development Agreement (PLAN2024-0177) 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 project site is located east of Interstate 10 (I-10) and south of Oak Valley Parkway within the Community Commercial (CC) zone (APNs: 414- 070-008, 414-080-001, -002, -003, -004, -005, -006, and 414-090-019). 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).
Background and Analysis:
Regency Centers, LP (Applicant) is requesting approval of several applications that were submitted on December 19, 2024. The individual requests are as follows:
Plot Plan (PP2024-0059). A plot plan is required by the Beaumont Municipal Code per Section 17.02.070 to establish a new land use. The proposed land use includes a commercial center comprised of two (2) major tenant buildings, two (2) multi -tenant buildings (including one with a major tenant) and four (4) commercial pad sites for future drive -through restaurants (Attachment E).The project has been conditioned to require the drive -through uses to submit Conditional Use Permits once tenants are identified (Planning Condition of Approval No. 6, Attachment B)
Sign Program (PLAN2024-0157). The Municipal Code of the City of Beaumont Section
17.07.030.L allows Sign Programs for specific developments as well as special sign districts or special sign overlay zones, or in specific plans of land uses, when approved as required by applicable law, may modify the rules stated as to sign size, height, illumination, spacing, orientation or non -communicative aspects of signs, but may not override or modify any of the basic policies. The proposed sign program is provided as Attachment F to this staff report.
As part of the sign program, the applicant is proposing two (2) monument signs, two (2) pylon signs along Oak Valley Parkway, one (1) freeway pylon sign and sign development standards for the tenants of the two (2) multi -tenant buildings and Pad A.
The Applicant has requested allowances for a billboard sign that are being addressed as part of the Development Agreement and will require a separate application at a future date.
Variance (V2024-0019). The Applicant is requesting a variance from the parking requirements of Table 17.05-1 of the Beaumont Municipal Code. A total reduction of 181 parking stalls is being proposed out of 1,560 required spaces based on the applicant's parking analysis (Attachment J).
Variance (V2025-0031). The Applicant is also requesting a variance from the 7,600 square feet of public open space required by Beaumont Municipal Code per Section
17.03.080.G.6 due to constraints created by meeting other Beaumont Municipal Code requirements, requirements for landscaping and the conveyance of conservation areas to the RCA. The Applicant's request is included as Attachment K. Furthermore, the Applicant has requested a variance as part of the public open space request to allow some reduced dimensions for planter areas to accommodate the site plan layout in certain areas (Beaumont Municipal Code Section 17.06.050.A) Development Agreement (PLAN2025-0177). Government Code, Section 65864- 65869.5 authorizes cities to enter into binding development agreements with the person having legal or equitable interests in real property for the development of such property.
The City of Beaumont Resolution No. 1987-34 establishes procedures for consideration of applications for such agreements.
Article 3, Section 301 of Resolution No. 1987-34 states that after hearing by the Planning Commission, the Planning Commission shall make its recommendation in writing to the City Council. The recommendation shall include the Planning Commission's determination whether or not the Development Agreement is consistent with the required findings.
The City and Applicant propose to enter into a Development Agreement to make the Project feasible due to the costs associated with infrastructure needs. The Development Agreement vests certain land use entitlements to develop and operate the Project and mitigates risk to ensure the development is not detrimentally affected by future changes to development standards applicable to the Site. Additionally, the Development Agreement obligates the City to reimburse the applicant for certain public improvements that are required by the City as a condition of regulatory approval. The City will realize a variety of public benefits, including expanded access to goods and services, new jobs and public revenues, and improved traffic circulation.
Exemption from the California Environmental Quality Act (CEQA) pursuant to Article 12, Section 15183 (Projects Consistent with a Community Plan or Zoning) Exemption 15183 of CEQA applies to the Project and is consistent with the development density established by existing zoning, community plans and the General Plan for which an Environmental Impact Report (EIR) was previously certified.
Additionally, the City of Beaumont previously prepared and certified an EIR for a similar and larger project on the Site in 2007 (SCH#2006011015). Please see the Environmental Documentation section of this staff report for more information and Attachment A for the analysis of compliance with Section 15183 of the CEQA Guidelines.
Project Setting:
The 28.95 -acre project setting (Site) is currently vacant and consists of eight (8) parcels (i.e., APNs 414-070-008, 414-080-001, -002, -003, -004, -005, -006, and 414-090-019).
The southside of Oak Valley Parkway currently has asphalt curb, no sidewalk, and overhead utility lines and poles. The north side of the street has sidewalk, curb, and gutters. Furthermore, the intersection of Oak Valley Parkway and Golf Club Drive is a signalized intersection with crosswalks and street improvements.
The uses surrounding the subject properties include vacant land adjacent to the east and south of the property. To the north across Oak Valley Parkway is the Oak Valley Plaza, which includes a variety of retail uses, restaurants and a Chevron service station.
To the northwest, also across Oak Valley Parkway, is a 76 gasoline service station and vacant land. Finally, west of the property is Interstate 10.
The project setting can also be seen in the following materials attached to this staff report:
•
•
General Plan Land Use Map (Attachment G)
Zoning Map (Attachment H)
Aerial Photograph (Attachment I)
The land uses, zoning, and General Plan land use designations of the project site and surrounding area are shown in the following Table:
LAND USE
GENERAL
PLAN
ZONING
PROJECT
SITE
Vacant Land
General
Commercial
(GC)
Community
Commercial
(CC)
NORTH
Vacant land, Commercial
and Single Family
Residential
General
Commercial
(GC), Single
Family
Residential
(SFR)
Community
Commercial
(CC), Specific
Plan (SP)
SOUTH
Vacant Land
Single family
Residential
(SFR)
Specific Plan
(SP)
EAST
Vacant Land
General
Commercial
(GC)
Community
Commercial
(CC)
WEST
Interstate 10
Cal Trans
Cal Trans
Site Design:
The Site consists of eight (8) separate parcels, all of which are vacant and unimproved.
Regency Centers, LP ("Project Applicant") is not proposing to subdivide the property; however, a lot line adjustment has been submitted to the City and is currently under review. Lot line adjustments are reviewed administratively and are not a discretionary application.
Development of the eight (8) parcels will be known as "Oak Valley Village" ("Project").
The Project will be located entirely outside the boundaries of Noble Creek. In December 2007, a Western Riverside County Regional Conservation Authority (RCA) Multiple Species Habitat Conservation Plan (MSHCP) Joint Power Review (JPR) was completed for the Project area. On July 28, 2024, the RCA issued a clerical amendment to the approved JPR. As a result, the Project will convey approximately 23.1 acres of
conservation area to the RCA. Additional information can be found in the MSHCP consistency section of this staff report and Attachment A.
Furthermore, the Applicant will be required to provide a sewer easement west of the property to maintain access to the existing lift station. These items have been added as conditions of approval (Public Works Conditions No. 45 to 48, Attachment B).
The Project includes the plotting for four (4) freestanding drive-throughs, two (2) major tenant buildings (Major 1 and Major 3 as shown on the site plan), two (2) multi -tenant buildings (Shops 1 and 2, Retail 1 and Major 2). Major 1 is an approximately 147,624 square -foot tenant space that is proposed to be occupied by a nationally recognized retailer. Major 2 is an approximately 23,299 square -foot tenant space that is proposed to be occupied by a nationally recognized grocer. The remaining retail and restaurant space will include nationally recognized brands, as well as local operators.
The freestanding drive -through uses will require separate Conditional Use Permits once tenants and operational standards are established for each use. Individual conditional use permits will provide conditions of approval for each business and will protect other businesses from any violation of the conditions of approval by other tenants. A condition of approval has been added to the Project requiring a Conditional Use Permit application be submitted to the City for review once those tenants are identified (Planning Condition of Approval No. 6, Attachment B).
The Applicant will be maintaining the block walls constructed within and surrounding the site and has indicated that anti -graffiti coating is not an efficient way of removing graffiti.
They are requesting the Planning Commission modify the condition to allow the applicant to simply clean and maintain affected walls and re -paint any areas that have been vandalized by graffiti. This is Planning Condition of Approval No. 31 under Attachment B.
The attached Development Plans (Attachment E) include the site layout, grading, floor plans, elevations and conceptual landscaping.
Circulation and Parking:
A Traffic Impact Analysis was prepared by Linscott, Law, & Greenspan, Engineers (LLG) on March 19, 2025, and reviewed by City staff. The proposed project will provide two (2) driveways for ingress and egress along Oak Valley Parkway. These driveways will be at signalized intersections where the western driveway will align with Golf Club Drive and the eastern driveway will align with the driveway for the Oak Valley Plaza to the north. Both driveways will allow for full turning movements. Additionally, a right -in - only access into the Site is provided between Pad A and Pad B.
Adequate and compliant vehicle and truck circulation is provided throughout the Proposed Project. Pedestrian access will be provided through paths of travel accessible from the public sidewalk and paths of travel are provided throughout the Site.
The Project is subject to traffic Development Impact Fees (DIFs), among other DIFs.
Further information may be found in the attached Development Agreement (Attachment D).
Pursuant to Beaumont Municipal Code Table 17.05-1, the required parking is as follows:
• Retail uses: one (1) space per 200 square feet of gross floor area • Drive-through/restaurant: one (1) space per 100 square feet of gross floor area, but not less than 10 spaces.
The following table summarizes the required parking and the parking provided by the Proposed Project:
Use
Sq. Ft.
Calculation
Required
Provided
Retail
247,868
1/200
1,239
Shared
Drive-
through/Restaurant
32,073
1/100
321
Shared
Total
279,941
1,560
1,379
The Project is deficient by a total of 181 parking stalls. As a result, the Applicant is requesting a parking variance (V2024-0019) to allow for shared parking due to different peak times and non -conflicting uses located within the commercial center. The Applicant has provided an analysis which states peak parking demand during a weekday would be 1,238 parking spaces and occurs between 12pm and 1 pm and during a weekend the peak demand is 1,316 parking spaces at 1 pm. This would result in a parking surplus of 63 parking stalls based on the analysis provided. The parking analysis is included as Attachment J.
Off -Site Improvements:
The Project will complete all half -width street improvements along Oak Valley Parkway consistent with County of Riverside Road Standards. Improvements include installation of curb, gutter, sidewalk, a raised median, and pavement to accommodate three eastbound through lanes and a Class 2 bike lane. Existing overhead utilities will be undergrounded in accordance with Beaumont Municipal Code Chapter 12.18. New
streetlights will be installed in compliance with City of Beaumont specifications.
Additionally, the Project is required to construct off -site storm drain improvements adjacent to the northwest project boundary, including a drainage channel, riprap, and a headwall. All half -width improvements will extend beyond the Project's boundary to ensure proper and safe transition to existing conditions.
Furthermore, the Project is required to implement the traffic mitigation measures identified in the approved Traffic Impact Analysis, which include the installation or modification of traffic signals and intersection improvements. These improvements will include new turn lanes, through lanes, and upgraded traffic signal operations to support increased traffic volumes. West of the project site, the locations requiring improvements are the intersections of Desert Lawn Drive at Oak Valley Parkway, the I-10 eastbound off -ramp at Oak Valley Parkway, and the I-10 westbound off -ramp at Oak Valley Parkway. It should be noted that the I-10/Oak Valley Parkway Interchange is a Transportation Uniform Mitigation Fee (TUMF) project; therefore, the Project will be required to pay TUMF to satisfy their I-10 off -ramp improvement obligations. Along the project frontage, the intersections of Golf Club Drive at Oak Valley Parkway and Oak Valley Plaza at Oak Valley Parkway shall be improved, including widening, restriping, and/or modifications to the existing traffic signals. A new, right -in -only driveway is proposed west of Golf Club Drive for additional access to the site. East of the Project Site, the locations requiring improvements are intersections of Oak View Drive at Oak Valley Parkway and Elm Avenue at Oak Valley Parkway.
Architecture:
The Project will have architecture in line with the branding of their nationally recognized tenants and contemporary architecture with minor incorporations of gabled roofs.
The Major 1 building will incorporate a grey color scheme and grey stone veneer along the north and east elevations. Along the south and west elevations, the grey color scheme will continue with joint lines and windows. On all four elevations, the building will incorporate an accent red color in line with the tenants' corporate branding.
Additionally, the building will be accented with Nichiha wood panels (i.e., a fiber cement siding product) on the north and east elevations. Lastly, a white metal awning will be added to the building's main entrances.
The remaining buildings will have a contemporary style with a neutral color scheme comprised of white, beige, and grey colors. Incorporated into the building are varied articulation and roof lines. Additionally, the buildings will be accented with pitched and gabled roofs and a stone veneer.
The Project elevations and color and materials are included in Attachment E.
Landscape Requirements and Open Space:
The Project incorporates landscape throughout the Site in compliance with Chapter
17.06 of the Beaumont Municipal Code. This includes providing 15% landscaping within the parking area and providing one (1) tree for every six (6) parking stalls to meet the 30% shading requirement within the first ten years of the project. A conceptual landscape plan is included in Attachment E. The Project has been conditioned to submit a Final Landscape Plan. However, due to the Project's physical constraints, a Variance is being requested for public open space as explained in the following paragraphs.
Pursuant to Beaumont Municipal Code Section 17.03.080.G.6 Public Open Space Requirements, developments with 50,000 square feet or more of non-residential floor area on sites of five (5) acres or larger are required to provide public open space. The public open space requirement states that the open space shall provide amenities to enhance the comfort aesthetics, or usability of the space, including trees, landscaping, shades structures, seating, lighting, drinking fountains, public art, or performance areas.
A development of the size of the Proposed Project would require 40 square feet of public open space for every 1,000 square feet of non-residential floor area for the first 100,000 square feet, plus 20 square feet of open space for every 1,000 square feet of non-residential floor area over 100,000 square feet. As a result, the Project requires 7,600 square feet of usable public open space; however, due to parking, access and visibility requirements of the Beaumont Municipal Code as well as the needs of the Project's prospective retailers, the applicant is unable to meet this requirement.
Alternatively, the applicant is proposing other types of open space by providing 4,680 square feet of patio space to allow for outdoor seating. Additionally, the applicant is providing 7,500 square feet of landscape planters and islands as well as conveying to RCA approximately 23.1 acres of conservation area. A copy of the request is included as Attachment K.
Similarly, due to these constraints, the Project Applicant is also requesting a variance from Beaumont Municipal Code Section 17.06.050.A requiring parking lot dividers, islands, planters, and planting areas shall be a minimum of five (5) feet wide and 10 feet long except for that all new or retrofitted tree planter shall be a minimum of nine (9) feet by seven (7) feet, measured to the inside perimeter of the planter, and shall have no less than 48 square feet of permeable soil planting area. The applicant has expressed that not all planter areas will meet this size requirements due to limitations within the site created by meeting other Beaumont Municipal Code requirements and the donation of approximately 23.1 acres of conservation area.
Alcohol Sales:
The Applicant is proposing the sale of alcohol for their nationally recognized retailer/grocer and an individual grocery store. Alcohol licenses are obtained through the Department of Alcohol and Beverage Control (ABC). The nationally recognized retailer is proposing to apply for an Off -Sale Type 21 (Off -Sale General) and an Off -Sale Type 86 (Instructional Tasting License) licenses. The individual grocer is proposing to apply for an Off -Sale Type 20 (beer and wine only) license. Pursuant to Table 17.03-3 of the Beaumont Municipal Code alcohol sales within a grocery store is a permitted use within the Community Commercial zone.
According to ABC, one (1) on -sale license is allowed for each 2,000 persons in the county and one (1) off -sale license is allowed for each 2,500 persons in the county.
Currently, based on current population ratios, two (2) off -sale licenses are permitted within Census Tract 438.22 and there are currently two existing (2) Off -sale licenses (Attachment L). If the proposed licenses are approved, it would bring the total of off -sale licenses to four(4), which would result in an overconcentration of alcohol licenses.
Therefore, a finding of "Public Convenience and Necessity" (PCN) will be required and is justified due to the nature of use being proposed (i.e., grocer).
Furthermore, the ABC requires that no alcohol licenses be issued within 600 feet, as measured from property line to property line, from public or private schools, public parks, or places of worship. Additionally, new licenses will not be issued if the new retail location is within 100 feet of a residence. The Site is located over a mile from Tournament Hills Elementary and Mountain View Middle School and is not within 100 feet of a residence. The nearest park is Noble Creek Park and is approximately 1,500 feet east from the project site. Therefore, the Project meets these criteria.
Sign Program:
The sign program as proposed includes design guidelines for on -site signage for Pad A, Major 2, Shops 1 and 2, Retail 1, pylon and monument signs. Two monument signs are proposed on the north side of the Project — one north of Pad A and the second at the most easterly entrance to the commercial center. The monument signs are proposed to be an overall height of six (6) feet and eight (8) feet and two (2) and a half (2 1/2) inches wide with a stone veneer.
Additionally, the proposed sign program includes two (2) pylon signs — one located on the southeast corner of the I-10 off -ramp and Oak Valley Parkway and the second is located at the entrance at Golf Club Drive. These pylon signs are proposed at an overall height of 20 feet and nine (9) feet and four (4) inches wide and will be supported by two
(2) columns with stone veneer. Additionally, the Applicant proposes a freeway -oriented pylon sign at a height of 60 feet and 25 feet wide for on -site advertising.
Furthermore, the sign program identifies other design guidelines for the identification signs of Pad A, Major 2, Shops 1 and 2, and Retail 1 buildings. This includes the placement of wall signs and the tenant name not exceeding 70% of lease frontage and not exceeding maximum of 80% of fascia height. All the signs will require a separate sign permit application for construction and installation.
Lastly, the Applicant proposes an electronic billboard that will be addressed by the Development Agreement and require a separate discretionary approval; therefore, it is not a part of the sign program being considered at this time but will be allowed via separate review and approvals based on the language provided in the Development Agreement.
The proposed sign program is included as Attachment F.
Development Agreement:
The Project Applicant requested consideration of a Development Agreement with the City of Beaumont. The key provisions of the Development Agreement are:
1. Term. The Development Agreement becomes effective upon (a) the date the Ordinance approving the Development Agreement is effective, and (b) when the Applicant acquires fee title to the Property, but in any event not later than June 30, 2026. The Development Agreement extends for 10 years, with one 5 -year option to extend for a total potential term of 15 years.
2. Vesting of Land Use Entitlements. The Development Agreement vests the land use entitlements for the Term of the Development Agreement, reducing the risk of a change in land use rules by a subsequent City Council or citizen initiative and granting the Applicant certainty with respect to the conditions for developing and operating the Project.
3. Reimbursement for Off -Site Traffic Improvements. The City shall reimburse the Applicant for the actual cost for widening and improving Oak Valley Parkway to its full half -width improvement standard (including installation or relocation of utilities). The Applicant shall also install or modify traffic signals adjacent to the site at (a) Golf Club Drive, (b) Oak Valley Plaza, (c) Oak View Drive. The Applicant shall also install or modify offsite traffic signals at (d) Desert Lawn Drive, and (e) Elm Avenue as a mitigation measure under CEQA. The City may adopt a program to recover fair share fees from future development contributing traffic to the off -site intersections for which the City reimbursed the Applicant.
The reimbursement for actual costs is subject to (i) substantial completion of the Oak Valley public improvements, (ii) substantial completion of the on -site improvements (all horizontal improvements), and (iii) certificates of occupancy for not less than 50,000 square feet of building improvements encompassing a grocery store of not less than 20,000 square feet.
4. Digital Display Sign. Pursuant to Beaumont Municipal Code Section
17.07.030.G (Basic Policies) new billboards are prohibited; however, the City Council has the authority to allow this type of sign by adoption of an ordinance associated with a Development Agreement. The approvals granted by the proposed ordinance would only apply to this property and does not apply to other areas of the City. The Development Agreement only waives the Code prohibition and approves basic concept drawings for the Digital Display, and the Applicant must submit a formal application for subsequent discretionary Planning Commission consideration. The Applicant is responsible for securing permits from any other entity with jurisdiction and indemnifies and holds the City harmless from any costs, expenses, or liabilities resulting from claims related to such approvals.
In exchange for this assistance, the City incentivizes development of a community shopping center providing needed goods and services to the residents of Beaumont and surrounding cities. Upon completion, the Project is forecasted to provide 450 full and part-time jobs, $650,000 per year in net new sales taxes, and $100,000 per year in new property taxes. Residents will also benefit from the improved traffic circulation on Oak Valley Parkway. The Applicant will also pay all City development impact fees due, which may reach $5 million depending upon when building permits are issued.
Multi -Species Habitat Conservation Plan (MSHCP):
The Project is located within a MSHCP criteria area. A Western Riverside County Regional Conservation Authority (RCA) MSHCP Joint Project Review (JPR) was completed in December 2007, which applies to the Project Site. The JPR (07-03-12-02) was approved by the RCA and required the conservation of approximately 23.1 acres of sensitive habitat associated with Noble Creek in the southern portion of the Project Site (i.e., 6.0 acres of the conservation area are within Criteria Cell 940 and 17.1 acres of conservation are outside the conservation cells). The Project is substantially the same as the 2007 project, and the RCA concluded that "the project is consistent with both the criteria and other plan requirements". On July 28, 2024, the RCA issued a clerical amendment to the approved JPR that corrected the actual impact and mitigation/conservation acreages required for the Project.
The Project is consistent with the JPR clerical amendment and no additional MSHCP compliance is required if the formal conservation of the approximately 23.1 acres of sensitive habitat is conveyed to the RCA.
The JPR determination is included as an attachment to the CEQA Section 15183 exemption analysis (Attachment A).
Development Review Committee (DRC):
The Development Review Committee reviewed the Project for design on January 9, 2025, and April 3, 2025. Staff from the various City departments provided written comments that have been incorporated into the proposed conditions of approval.
Consistency with Adopted Goals, Plans and Programs:
General Plan Consistency:
The proposed use is in conformance with the General Plan for the City of Beaumont.
The land use designation for the Project Site is General Commercial, as shown in Attachment G. The proposed development is consistent with the General Plan Policy
3.4.2, which promotes the development of neighborhood commercial uses in the vicinity of residential neighborhoods and larger commercial retail centers along the major transportation corridors.
Zoning Consistency:
The uses that are proposed are subject to and are consistent with the development standards for the Community Commercial zone. The overall use meets the objectives of the zone. The use and its operations are compatible with uses permitted in the zone, subject to approval of a Plot Plan. The proposed drive -through uses are subject to a Conditional Use Permit. As a result, the Plot Plan has been conditioned to require that the drive -through uses apply for a Conditional Use Permit once tenants have been identified. Furthermore, Pursuant to Beaumont Municipal Code Section 17.02.110, the Applicant has requested a parking and open space variance.
Findings required by Beaumont Municipal Code, Section 17.02.070.G (Plot Plan) and
17.02.110.H (Variance) are provided in this staff report under the findings section.
Environmental Documentation:
An analysis of a CEQA Guidelines Section 15183 exemption (Projects Consistent with a Community Plan or Zoning) was prepared for the project (Attachment A). This section of
the CEQA guidelines identifies situations for which certain CEQA-compliance procedures may apply. Specifically, Section 15183 of the CEQA Guidelines applies to projects that are consistent with existing zoning, community plan, or general plan policies for which an EIR was previously certified.
The analysis presented in the attached report has demonstrated that the proposed 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.
Furthermore, a project EIR (SCH 2006011015) was prepared and certified for a similar project on the Project Site in February 2007. The EIR evaluated a 441,709 square -foot general commercial project on the 41.3 -acre project site, and the project then did not proceed at that time. The Project is of less intensity than the project proposed in 2007.
The 2007 EIR was incorporated by reference in the attached analysis pursuant to Section 15150 of the CEQA guidelines.
Prior to the City's determination of a Section 15183 exemption, the City prepared notification for government -to -government consultation under AB 52. The tribes requesting government -to -government consultation included Agua Caliente Band of Cahuilla Indians, Morongo Band of Mission Indians, Pechanga Band of Indians, and Soboba Band of Luiseno Indians. Due to the project being exempt under Section 15183 of the CEQA guidelines, government -to -government consultation was no longer necessary. On May 6, 2025, the City sent notification to the tribes that requested consultation to inform them that the provisions of AB 52 were not applicable to the Project due to the CEQA Section 15183 Exemption and that consultation was considered closed. Included with the letter was a copy of the public hearing notice notifying the tribes of the public hearing.
One response was received as of the preparation of this staff report from Agua Caliente Band of Cahuilla Indians requesting a copy of the previously prepared 2007 EIR.
Public Communications Received:
Property owners located within a 300 -foot radius of the project site were notified of the intended public hearing on May 6, 2025, with a 20 -day hearing notice in addition to a public notice in the Press Enterprise. Additionally, public utilities were notified on May 8, 2025, with a 20 -day notice. The public hearing notice identified the Planning Commission date of May 28, 2025. Proof of the publication for the public hearing is included as Attachment N to this staff report.
As of the date this staff report was prepared no written or public comments have been received. Any additional comments received prior to the time of the scheduled Planning Commission meeting will be provided to the Commission at the time of the public hearing.
Planning Commission Authority:
Plot Plan: A Plot Plan is required pursuant to Section 17.02.070 to establish a new land use, or to assume an existing land use, consistent with the zoning of the proposed location and requires a public hearing conducted by the Planning Commission. The Beaumont Municipal Code Section 17.02.070.F authorizes the Planning Commission to approve, conditionally approve, or deny the application.
Variance: Pursuant to Section 17.02.110 of the Beaumont Municipal Code, the variance procedure is provided pert Section 65906 of the California Government Code to grant relief from zoning provisions when, because of special circumstances applicable to a property including size, shape, topography, location or surroundings, the strict application of this Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Beaumont Municipal Code Section 17.02.110.F. authorizes the Planning Commission to approve, conditionally approve, or deny the application
Sign Program: The Municipal Code of the City of Beaumont Section 17.07.030.L allows sign programs for specific developments, as well as special sign districts or special sign overlay zones, or in specific plans of land uses, when approved as required by applicable law, may modify the rules stated as to sign size, height, illumination, spacing, orientation or other non -communicative aspects of signs, but may not override or modify any of the basic policies.
Development Agreement: The authority to adopt a development agreement is granted under Government Code Sections 65864-65869.5. Resolution No. 1987-34 of the City of Beaumont requires the Planning Commission, after the hearing, to make a recommendation to the City Council in writing. Findings for a Development Agreement can be found in the findings section of this staff report.
Findings:
Plot Plan
1. The proposed use is permitted, or is substantially similar to a use permitted, within the subject zone and complies with the intent of all applicable provisions of the Zoning Ordinance.
The Project is subject to and is consistent with the Development Standards for the Community Commercial (CC) zone. Pursuant to Beaumont Municipal Code Table
17.03-3, the zoning allows retail uses, including the sale of alcohol for grocery stores.
The drive -through uses are conditional uses; however, the Project has been conditioned to require Conditional Use Permits be obtained once tenants have been identified.
2. The proposed use is consistent with the objectives, policies, general plan land uses and programs of the general plan and any applicable specific plans.
The Project is in conformance with the General Plan for the City of Beaumont. The land use designation for the Project Site is General Commercial. The proposed development is consistent with the General Plan Policy 3.4.2, which promotes the development of neighborhood commercial uses in the vicinity of residential neighborhoods and larger commercial retail centers along the major transportation corridors.
3. The subject site is physically suitable for the type and intensity of the proposed land use.
The Site is vacant and slopes to the south and west. The proposed project is in a community commercial and residential area that is developed or vacant and is suitable for commercial development.
4. The location, size, design and operating characteristics of the proposed uses are compatible with existing land uses within the general area in which the proposed use is located.
The zoning for the Project Site is Community Commercial and the land use designation is General Commercial. The property to the east has the same zoning and land use designation as the Project Site. To the south lies within the Kirkwood Ranch Specific Plan and has a land use designation of Single Family Residential. The properties to the north of the property are within the Solera Specific Plan and have a land use designation of General Commercial and Single Family Residential. To the west of the subject property is Interstate 10, under the jurisdiction of Caltrans and the State of California. To the north of the property are existing commercial uses including a 76 service station and commercial center with a Rite Aid, Chevron and restaurants. Further north and to the east of the Site are existing single-family dwellings. The proposed uses within the Project are compatible with the surrounding commercially and residentially zoned properties to the north, south, east and west.
5. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed land use would not be detrimental to the public convenience, health, safety or general welfare.
The Site will be served by the Beaumont -Cherry Valley Water District for water services upon annexation into the district. The Applicant has obtained a will -serve letter from the Beaumont -Cherry Valley Water District. The Project will be served by the City of Beaumont for sewer disposal system. Electricity will be provided by Southern California Edison, and natural gas will be provided by the Southern California Gas Company.
Solid waste and refuse services are provided by Waste Management, Inc. on behalf of the City of Beaumont. The Site can be adequately served and will not be detrimental to public health and safety.
6. The approval of the plot plan permit for the proposed uses is in compliance with the requirements of the California Environmental Quality Act and there would be no significant adverse impacts upon environmental quality and natural resources that cannot be reasonably mitigated and monitored.
An analysis for a CEQA Guidelines Section 15183 exemption has been prepared finding that the project is exempt. The analysis was prepared by Ascent in April 2025. The analysis is included as Attachment A.
Variances
1. That the strict or literal interpretation and application of this Zoning Ordinance would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Zoning Ordinance or would deprive applicants of privileges granted to others in similar circumstances.
The Site is located on parcels zoned Community Commercial with a General Plan land use designation of General Commercial and is intended for commercial uses. The Beaumont Municipal Code parking requirements for specific land uses has not been updated to keep up with parking trends. Furthermore, the open space requirements of the Beaumont Municipal do not consider limitations created by other requirements within the Beaumont Municipal Code and conservation of sensitive habitat and open space.
2. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or the intended development of the property that do not apply to other property in the same zone.
The Applicant is requesting a parking variance to meet parking trends for shared parking. Furthermore, the open space variance is being requested to meet other municipal code requirements and due to the project dedicating approximately 23.1 acres for conservation of sensitive habitat and open space which has reduced the project site area for development.
3. That the granting of such variance will not constitute the granting of special privilege inconsistent with the limitations on other properties in the vicinity classified in the same zone.
The Applicant is requesting a parking variance to meet parking trends for shared parking. The City of Beaumont regularly receives parking variance requests, which have been successfully approved. Furthermore, the open space variance is being requested due to the reduction in the project site area for development as a result of dedicated conservation areas and limitations in meeting other municipal code requirements. Not all properties in the City are subject to conservation requirements.
4. That the granting of such variance will not be materially detrimental to the public health, safety, or general welfare nor injurious to property or improvements in the zone or neighborhood in which the property is located.
Pursuant to Beaumont Municipal Code Section 17.02.070.H In granting a permit, the Community Development Director or Planning Commission may impose such conditions as deemed necessary to ensure that the public health, safety and general welfare are protected and that the proposed use is not a detriment to the community. All conditions shall be binding upon the applicant, heirs, successors, or assignees.
5. That the granting of such variance will not create any inconsistency with any objective contained in the General Plan.
The proposed parking variance will not create an inconsistency with the General Plan objectives and will assist in compliance with the Mobility Element Goal 4.7.4 to review and update the City's parking regulations to ensure that the code is kept current with the parking conditions throughout the City. Community development is currently working on a comprehensive zoning code update that will update parking requirements.
The proposed open space variance is consistent with General Plan policy 3.11.10 that requires the provision of open space linkages and conservation between development projects consistent with the conservation efforts targeted in the MSHCP. A variance of the open space requirement within the commercial center is being requested due to the project already designating approximately 23.1 acres for conservation of sensitive habitat and open space.
Development Agreement
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.
The Project is consistent with the objectives, policies, general land uses, and programs specified in the general plan. The Project Site has a land use designation of General Commercial and is consistent with General Plan Policy 3.4.2, which promotes the development of neighborhood commercial uses in the vicinity of residential neighborhoods and larger commercial retail centers along the major transportation corridors.
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.
The Project is subject to and is consistent with the Development Standards for the Community Commercial (CC) zone. Pursuant to Table 17.03-3, the retail uses are a permitted use within the Community Commercial zone. The drive-throughs require a conditional use permit, and the Project has been conditioned to require a Conditional Use Permit once tenants are identified.
3. The proposed Development Agreement is in conformity with public convenience, general welfare and good land use practice.
The Project is consistent with Goal 3.4, A City that maintains and expands its commercial, industrial, and other employment -generating land uses and Policy 3.4.1 of the General Plan, continue to promote commercial and industrial development in the Interstate Employment Subarea that capitalizes on the City's location near the I-10 and the SR -60 freeways.
4. The proposed Development Agreement is not otherwise detrimental to the health and safety of the citizens of the City of Beaumont.
Pursuant to Beaumont Municipal Code Section 17.02.070.H, in granting a permit, the Community Development Director or Planning Commission may impose such conditions as deemed necessary to ensure that the public health, safety and general welfare are protected and that the proposed use is not a detriment to the community. All conditions shall be binding upon the applicant, heirs, successors, or assignees.
5. The proposed Development Agreement will not adversely affect the orderly development of property or the preservation of property values.
The Project is consistent with Goal 3.4, A City that maintains and expands its commercial, industrial, and other employment -generating land uses and Policy 3.4.1 of the General Plan, continue to promote commercial and industrial development in the Interstate Employment Subarea that capitalizes on the City's location near the 1-10 and the SR -60 freeways.
Recommended Action:
Hold a public hearing; and,
Approve Plot Plan (PP2023-0059), Sign Program (PLAN2024-0157), Variances (V2024- 0019 and V2025-0031) and CEQA Section 15183 Exemption subject to the attached conditions of approval;
Approve a Finding of Public Convenience and Necessity;
Direct Staff to prepare a Notice of Exemption for the Applicant to file with the Riverside County Clerk Recorder and the State Clearinghouse; and
Waive the full reading and adopt by title only, 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 (PLAN2025-0177) by and between the City of Beaumont and Beaumont Regency AVG", subject to the attached conditions of approval.
Attachments:
A. CEQA 15183 Exemption Analysis
B. Draft Conditions of Approval
C. Draft Resolution
D. Development Agreement and Associated Attachments
E. Development Plans
F. Sign Program
G. General Plan Land Use Designation Map
H. Zoning Map
I. Aerial Photograph
J. Parking Variance Request
K. Open Space Variance Request
L. ABC License Report — Census Tract #438.22
M. Radius Map and Certification
N. Proof of Publication
O. Billboard Sign Conceptual Drawing
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Guidelines Section 15183 Compliance for the
Oak Valley Village Project Plot Plan 2024-0059
Prepared for:
City of Beaumont
550 East Gtr, Street
Beaumont, CA 92223
April 2025
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Guidelines Section 15183 Compliance for the
Oak Valley Village Project Plot Plan 2024-0059
Prepared for:
City of Beaumont
550 East 61h Street
Beaumont, CA 92223
Prepared by:
Ascent
2550 Fifth Ave, Suite 640
San Diego, CA 92103
April 2025
20240290.01
TABLE OF CONTENTS
Section Page
1 INTRODUCTION 1
1.1 CEQA Compliance 1
1.2 Relationship to the 2020 General Plan Update EIR 5
1.3 Relationship to the 2007 Project EIR 5
1.4 Relationship to the Approved Western Riverside County Regional Conservation Authority (RCA) Multiple Species Habitat Conservation Plan (MSHCP) Joint Project Review(JPR) 5 2 PROJECT DESCRIPTION 11
2.1 Project Location 11
2.2 Environmental Setting 11
2.3 Project Characteristics 11
3 ENVIRONMENTAL REVIEW CONCLUSION 21
3.1 Overview of CEQA Guidelines Section 15183 21
4 PROJECT -SPECIFIC ENVIRONMENTAL ASSESSMENT 23
4.1 Aesthetics 24
4.2 Agriculture and Forestry Resources 26
4.3 Air Quality 28
4.4 Biological Resources 31
4.5 Cultural Resources 37
4.6 Energy 40
4.7 Geology and Soils 42
4.8 Greenhouse Gas Emissions 45
4.9 Hazards and Hazardous Materials 47
4.10 Hydrology and Water Quality 50
4.11 Land Use and Planning 54
4.12 Mineral Resources 56
4.13 Noise 58
4.14 Population and Housing 60
4.15 Public Services 62
4.16 Recreation 65
4.17 Transportation 67
4.18 Tribal Cultural Resources 71
4.19 Utilities and Service Systems 74
4.20 Wildfire 77
5 REFERENCES 79
Appendices
Appendix A —July 28, 2024 MSHCP JPR Amendment
Appendix B — Focused Traffic Circulation Analysis
City of Beaumont
Oak Valley Village General Commercial Project Plot Plan 2�4-Q0591030 of 2369
CEQA Guidelines Section 15183 Compliance Ascent
Figures
Figure 1-1 Regional Location 2
Figure 1-2 Vicinity Map 3
Figure 1-3 Site Aerial 4
Figure 1-4 Existing General Plan Land Use 6
Figure 1-5 Existing Zoning 7
Figure 1-6 2007 Approved Project Site Plan 9
Figure 2-1 Site Plan 13
Figure 2-2 Retail Elevations 15
Figure 2-3 Major Commercial Elevations 17
Figure 2-4 Landscape Plan 19
City of Beaumont
Ascent CEQA Guidelines Section 15183 Compliance
LIST OF ABBREVIATIONS
AMSL
APN
AQMP
BACM
BCVWD
BLD
BMP
BUSD
CAL FIRE
CC
CNPS
COA
County EHHM
CUPA
DIF
DTSC
FAR
GC
GHG
HVLP
I-10
ICU
JPR
LID
LOS
LRA
M
MBTA
MLD
MM
MS4
MSHCP
above mean sea level
Assessor's Parcel Number
Air Quality Management Plan
best available dust control measure
Beaumont -Cherry Valley Water District
Beaumont Library District
best management practice
Beaumont Unified School District
California Department of Forestry and Fire Protection
Community Commercial
California Native Plant Society
Condition of Approval
County Department of Environmental Health Hazardous Materials Certified Unified Program Agency
Development Impact Fees
California Department of Toxic Substances Control
Floor -Area -Ratio
General Commercial
greenhouse gas
high volume -low pressure
Interstate 10
intersection capacity utilization
Joint Project Review
Low Impact Development
Level of Service
Local Responsibility Area
Manufacturing zone
Migratory Bird Treaty Act
Most Likely Descendant
Mitigation Measure
Municipal Separate Storm Sewer System
Multiple Species Habitat Conservation Plan
City of Beaumont
Oak Valley Village General Commercial Project Plot Plan 2�4-Q05a1032 of 2369
CEQA Guidelines Section 15183 Compliance Ascent
NAHC
NNG
NPDES
RAFSC
RCA
RCFD
RTP/SCS
RWQCB
SCE
SCG
SCH
SCIC
SRA
SWPPP
SWRCB
TCM
USACE
USEPA
WQMP
Native American Heritage Commission
non-native grassland
National Pollutant Discharge Elimination System
Riversidian Alluvial Fan Sage Scrub
Regional Conservation Authority
Riverside County Fire Department
Southern California Association of Governments Regional Transportation Plan / Sustainable Communities Strategy
Regional Water Quality Control Board
Southern California Edison
Southern California Gas Company
State Clearinghouse
South Coastal Information Center
State Responsibility Area
Stormwater Pollution Prevention Plan
State Water Resources Control Board
transportation control measure
US Army Corps of Engineers
United States Environmental Protection Agency
Water Quality Management Plan
iv
City of Beaumont
1 INTRODUCTION
The project applicant is proposing the development of the Oak Valley Village project (herein, "project" or "proposed project"). Specifically, the project would entail the development of an approximately 28.95 acre site into a 279,941 square -foot General Commercial Center. The project site encompasses Assessor's Parcel Numbers (APNs) 414-070-008, 414-080-001, 404-080-003, 414-080-004, 414-080-005, 414-080-006, and 414-090-019, is located south of Oak Valley Parkway and approximately 500 feet east of Interstate 10 (I-10) in the City of Beaumont. The project site's regional location is show in Figure 1-1. The vicinity map is shown in Figure 1-2 and the project site aerial is shown in Figure 1-3.
The City of Beaumont City Council adopted the City's General Plan Update (Beaumont 2040) and certified a Program Environmental Impact Report (herein, "GPU EIR"; State Clearinghouse [SCH] No. 2018031022) in October 2020. The GPU also included a comprehensive update to the City of Beaumont Zoning Code. The GPU EIR was prepared as a Program Environmental Impact Report (Program EIR) in conformance with the California Environmental Quality Act ("CEQA"; California Public Resources Code, Sections 21000, et seq.) and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.). According to Section 15168 of the CEQA Guidelines, a Program EIR may be prepared on a series of actions that can be characterized as one large project. Use of a Program EIR gives the Lead Agency an opportunity to consider broad policy alternatives and program -wide mitigation measures, as well as greater flexibility to address project -specific and cumulative environmental impacts on a comprehensive scale. The proposed project is consistent with the existing general plan (General Commercial) and zoning (Community Commercial) land use designations.
In addition, a project specific EIR (SCH 2006011015) was prepared in February 2007 for a similar general commercial project on a similar but larger project site (41.3 acres of a 60.5 -acre project site). The EIR was certified in April 2007 and the project did not proceed at that time. Both the 2020 General Plan Update EIR and the 2007 project specific EIR addressed the impact associated with similar, but more intense land uses than proposed by the current proposes project.
1.1 CEQA COMPLIANCE
Article 12 (Special Situations) of the State CEQA Guidelines identifies situations for which certain CEQA-compliance procedures may apply. Specifically, Section 15183(a) of the State CEQA Guidelines states that:
"CEQA mandates that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was 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."
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."
Accordingly, the purpose of the analysis contained herein is to evaluate whether the project would result in impacts that are peculiar to the project or project site, and to determine whether such impacts (if any) can be substantially mitigated by the imposition of uniformly applied development policies or standards. If any impacts cannot be substantially mitigated with uniformly applied development policies or standards, or if the project results in off -site or cumulative impacts that were not previously evaluated in the GPU EIR, then additional environmental review is required for the project. Alternatively, if the project does not result in any impacts beyond what was evaluated and disclosed as part of the GPU EIR, then no additional environmental review would be required.
Additionally, the City of Beaumont previously prepared and certified an EIR for a similar, but larger project on the project site in 2007. The previous 2007 project proposed to develop a larger 60.5 -acre project site into 41.3 acres of general commercial development and 23.1 acres of open space/conservation, and included an evaluation of impacts to air quality, biological resources, cultural resources, hydrology, noise, transportation/traffic, and water quality.
City of Beaumont
Oak Valley Village General Commercial Project Plot Plan 20 0591034 of 2369
CEQA Guidelines Section 15183 Compliance
Ascent
Sources: Adapted by Ascent in 2024.
St BERNARDINO
Fontana
Jurupa
Valfry
Ik re- o
Valley
Figure 1-1 Regional Location
J hY7119J
1'uIb M Fukr
Inter Lake
AIVFR5>PE DOCINTIT
Pity"' Lertaiiori
— mirky Lire
Oty
urni
3 FARES
FS.RI i ri .
2a24O29O1D1 GIs Cialf
City of Beaumont
Ascent
CEQA Guidelines Section 15183 Compliance
P:Ojed: Elotridary
Parks
0 LOW 2
ESSt Waild Imes,
2427.44omo1 GIS
Sources: Data downloaded from Riverside County in 2021; adapted by Ascent in 2021.
Figure 1-2 Vicinity Map
City of Beaumont
Oak Valley Village General Commercial Project Plot Plan 204-0059age1036 of 2369 3 CEQA Guidelines Section 15183 Compliance
Ascent
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City of Beaumont
Ascent CEQA Guidelines Section 15183 Compliance
The 2007 project proposed 441,709 square feet of commercial development. The currently proposed project area was entirely located within the project area evaluated in the 2007 EIR and proposes 279.941 square feet of commercial development, which represents 63% of the previous development proposal intensity. The 2007 EIR is hereby incorporated by reference pursuant to Section 15150 of the CEQA Guidelines. Information from the 2007 EIR is incorporated into this CEQA compliance document.
1.2 RELATIONSHIP TO THE 2020 GENERAL PLAN UPDATE EIR
As shown in the GPU EIR (Figure 1-4), Land Use Plan, the land use designation for the project site is General Commercial (GC), with a maximum Floor -Area -Ratio (FAR) of 0.75. The GPU EIR analyzed the impacts of all future development in the City of Beaumont, with project site evaluated consistent with the GC land use designation. For the General Commercial land use designation, the GPU EIR impact analysis assumed that 70 percent of the General Commercial designated areas would be developed. In addition, the GPU EIR depicts Oak Valley Parkway as an Urban Arterial, four lane divided highway. The project proposes to develop 28,95 acres site into 279,941 square feet of general commercial land uses, which would result in a FAR of 0.22.2, and is consistent with the 2020 General Plan Update and the analysis contained within the GPU EIR.
The 2020 GPU EIR evaluated city-wide impacts to aesthetics, agriculture/forestry, air quality, biological resources, cultural resources, geology & soils, greenhouse gas, Hazards/hazardous materials, hydrology/water quality, land use & planning, mineral resources, noise, population and housing, public services, recreation, transportation/traffic, tribal cultural resources, utilities/service systems, energy, and wildfire.
Existing project site zoning is shown in Figure 1-5.
1.3 RELATIONSHIP TO THE 2007 PROJECT EIR
A project EIR (SCH 2006011015) was prepared and certified for a similar project that included the project site in February 2007. The EIR evaluated a 441,709 square foot general commercial project on a 41.3 -acre portion of the 60.5 acre project site, and the project did not proceed at that time. The 2007 project site plan is shown in Figure 1- 6. The proposed 2007 project was consistent with the general plan land use and zoning designations existing at the time the 2007 EIR was prepared and evaluated project specific impacts to air quality, biological resources, cultural resources, hydrology, noise, transportation/traffic and water quality. The EIR included a series of mitigation measures designed to reduce impacts to less than significant levels and all impacts except air quality were reduced to less than significant. A statement of Overriding Considerations weas prepared for the significant air quality impacts. 2007 EIR analysis and mitigation measures are summarized in Section 4.0.
1.4 RELATIONSHIP TO THE APPROVED WESTERN RIVERSIDE COUNTY
REGIONAL CONSERVATION AUTHORITY (RCA) MULTIPLE SPECIES
HABITAT CONSERVATION PLAN (MSHCP) JOINT PROJECT
REVIEW(JPR)
A Western Riverside County Regional Conservation Authority (RCA) Multiple Species Habitat Conservation Plan (MSHCP) Joint Project Review (JPR) was completed in December 2007 for the proposed project. The JPR (07-03-12- 02) was approved by the RCA and required the conservation of 23.1 acres of sensitive habitat associated with Noble Creek in the southern portion of the 2007 project site. 6.0 acres of the conservation area are within Criteria Cell 940 and 17.1 acres of conservation are outside of conservation cells. The currently proposed project is substantially the same as the 2007 project and the RCA concluded that "the project is consistent with both the criteria and other plan requirements. On July 28, 2024, the RCA issued a clerical amendment to the approved JPR which corrected the actual impact and mitigation/conservation acreages that are required for the proposed project. The currently proposed project is consistent with the JPR clerical amendment and no additional MSHCP compliance is required as long as the formal conservation of the 23.1 acres of sensitive habitat is conveyed to the RCA.
No additional biological resource mitigation measures or MSHCP coordination is required. The July 28, 2024, MSHCP JPR amendment is contained in Appendix A.
City of Beaumont
Oak Valley Village General Commercial Project Plot Plan 204-0059age1038 of 2369 5 CEQA Guidelines Section 15183 Compliance
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6 City of Beaumont
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Source: Data downloaded from City of Beaumont in 2024; adapted by Ascent in 2024.
Figure 1-5 Existing Zoning
City of Beaumont
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This page is intentionally left blank.
8 City of Beaumont
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Source: Image produced by HDR in 2007; adapted by Ascent in 2025.
Figure 1-6 2007 Approved Project Site Plan
City of Beaumont
Oak Valley Village General Commercial Project Plot Plan 2024-0059
9 2 PROJECT DESCRIPTION
2.1 PROJECT LOCATION
Regionally, the project site is located within the north -central portion of the City of Beaumont (City), Riverside County, California (Figure 2-1). The project site is located south of and adjacent to Oak Valley Parkway, approximately 500 feet east of Interstate 10 (I-10) (Figure 1-1). Noble Creek is located immediately south of the project site.
2.2 ENVIRONMENTAL SETTING
As shown on Figure 1-1, the project would encompass an approximately 28.95 -acre development site (APNs 414-070- 009, 414-080-001, 414-080-003, 414-080-004, 414-080-005, 414-080-006 and 414-090-019). The undeveloped parcel slopes from north to the south towards Noble Creek. Onsite elevations range from 2,525 feet above mean sea level (AMSL) in the northeast portion of the site to 2,480 feet AMSL in the southwestern portion of the site. The site is currently vacant, consisting of generally flat area and is covered by non-native grasses and riversidian sage scrub. The 2007 EIR Cultural Resources Assessment determined that the project site has been included in previous cultural resources studies and that no archaeological sites had been recorded within its boundaries. Existing commercial and single-family residential uses are located to the north, and east of the project site and across Noble Creek to the south.
2.2.1 Existing General Plan Land Use Designation and Zoning According to the 2020 General Plan Update Land Plan Map, the project site has a land use designation of General Commercial (GC) which allows for "Big Box" and "Large Format" retailers within commercial shopping centers, with a maximum FAR of 0.75. The purpose and intent of this land use designation is to allow a mix of retail and restaurant uses that serve adjacent neighborhoods. The proposed project is entirely consistent with the General Commercial general plan land use designation and is well within the 70 percent buildout assumption. The existing general plan designation is shown in Figure 1-4.
The project site is zoned Community Commercial (CC), which allows for community commercial land uses including retail and restaurant uses. Existing City of Beaumont zoning is shown in Figure 1-5. The proposed project is entirely consistent with the existing zoning. The proposed project is being processed as a Plot Plan.
The Community Design Element of the General Plan identifies the project site within the North Neighborhood Sub Area. Projects within the North Neighborhood Sub Area are required to include Design Guidelines that address grading, architectural styles, details and materials, color palettes, landscaping, irrigation, walls and fencing, and other items related to future development.
2.3 PROJECT CHARACTERISTICS
2.3.1 Site Plan
The project proposes the development of the 28.95 -acre project site into 279,941 square feet of general commercial land uses (Figure 2-1). This represents a FAR of 0.22, which is well within the maximum allowable community commercial FAR of 0.75. The project proposes two major retail tenants, one mid -sized retail tenant, one series of shops and four pads (A -D). A total of 1,560 parking spaces are required by the city zoning code, 1,376 parking spaces are provided, which will require a minor variance. Of the 1,376 parking spaces, 214 will be EV ready/capable.
2.3.2 Circulation
The primary vehicular access point would be via driveways along Oak Valley Parkway east of Interstate 10 (I-10). Interior circulation would include two primary travel lanes, parking drive aisles. and parking. A total of 1,376 parking spaces are proposed. A fire department turn around is provided at the southern terminus of the [primary north -south access road.
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Oak Valley Village General Commercial Project Plot Plan 20 059age-1043 of 2369 11 CEQA Guidelines Section 15183 Compliance Ascent
Pedestrian circulation is provided within and along the perimeter of the site and along proposed building frontages.
2.3.3 Architecture
The proposed commercial buildings architecture styles are shown in the elevations in Figures 2-2 and 2-3.
2.3.4 Landscaping and Irrigation
The landscape intent is to provide a consistent onsite and street scene landscape for project visitors. A low -moderate plant palette would be used to enhance and complement the commercial architecture while ensuring sustainable landscape practices. Landscaping would include a variety of trees, shrubs, and groundcover. All disturbed areas would be replanted and irrigated. The landscape plan is shown in Figure 2-4.
2.3.5 Utilities
Municipal and private utility services are necessary to serve the project and are currently available within or adjacent to the project site. On -site utility infrastructure necessary to serve the project, including water, sewer, drainage, storm water runoff treatment facilities, and dry utilities, would be installed with the proposed development and would connect to the existing utilities.
DRY UTILITIES
The project site is located within the service areas of the following utility purveyors: Southern California Edison (SCE) (electricity), and Southern California Gas Company (SoCalGas) (natural gas). The project includes installation of on -site utility infrastructure that would connect to the existing facilities adjacent to the project site.
WATER AND WASTEWATER
The Cherry Valley -Beaumont Water District provides water service to the project site. There is an existing water line beneath Oak Valley Parkway. The project includes installation of water lines on -site that would connect to the existing water lines in the adjacent roadways. Wastewater disposal is provided by the City of Beaumont and there is an existing 30 -foot sewer easement along the western project boundary. The existing infrastructure has sufficient capacity to accommodate the proposed uses and existing development, and no upgrades to the existing infrastructure off -site would be required.
STORM DRAINS AND WATER QUALITY FEATURES
Stormwater would flow from the northeast to the southwest via proposed onsite storm drains and surface flow, and would be detained and treated in a surface water quality basin in the southeast corner of the project site, south of Major Building No. 3. Stormwater flows exceeding the capacity of the basin would be discharged to Noble Creek.
2.3.6 Grading
Project grading would require 245,170 cubic yards of cut and 239,470 cubic yards of fill. A total of 24,950 cubic yards of offsite export (including utility trench spoils) would be required. Most of the cut would be from the northern, central, and eastern portions of the site, which would be redistributed in the western and southern portions of the site. Onsite slopes (2:1) would be up to 20 feet in height adjacent to Noble Creek will be created.
REQUESTED ENTITLEMENTS
Requested project entitlements/approvals include the: plot plan approval, parking variance, CEQA exemption adoption and annexation into the Beaumont Cherry Vallet Water District. 12 City of Beaumont
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CEQA Guidelines Section 15183 Compliance
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Source: Image produced and provided by Nadel Studio One, Inc. in 2025; adapted by Ascent in 2025.
Figure 2-1 Site Plan
City of Beaumont
Oak Valley Village General Commercial Project Plot Plan 2024-0059
13 Ascent CEQA Guidelines Section 15183 Compliance
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Figure 2-2 Retail Elevations
City of Beaumont
Oak Valley Village General Commercial Project Plot Plan 2024-0059 Page 1046 of 2369 15
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Source: Image produced and provided by Nadel Studio One, Inc. in 2024; adapted by Ascent in 2024.
Figure 2-3 Major Commercial Elevations
City of Beaumont
Oak Valley Village General Commercial Project Plot Plan 2024-0059
17 Ascent
CEQA Guidelines Section 15183 Compliance
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City of Beaumont
Oak Valley Village General Commercial Project Plot Plan 2024-0059
19 3 ENVIRONMENTAL REVIEW CONCLUSION
The analysis presented in Section 4.0 (Project -Specific Environmental Assessment) of this memorandum demonstrates that the proposed 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. Specifically:
► The proposed project would not result in environmental impacts that are peculiar to the project site not addressed in the 2020 General Plan Update EIR (CEQA Guidelines Section 15183(b)(1)); ► The proposed project is consistent with the project site's adopted 2020 General Plan Update land use designation of "GC — General Commercial (70% maximum buildout)" and there are no environmental effects associated with the proposed project that were not previously analyzed as significant effects by the GPU EIR (CEQA Guidelines Section 15183(b)(2));
► There are no potentially significant off -site or cumulatively considerable impacts of the proposed project that were not discussed in the GPU EIR (CEQA Guidelines Sections 15183(b)(3) and 15183(j)); ► There is no substantial new information which was not known at the time the GPU EIR was certified that would result in a more severe environmental impact beyond the significant impacts previously identified in the GPU EIR (CEQA Guidelines Section 15183(b)(4));
► The GPU EIR was certified in conjunction with the City's adoption of the 2020 General Plan Update, and the proposed project is consistent with the project site's existing 2020 General Plan Update land use designation of "L — Low Density Residential (0.5 du/ac — 2.0 du/ac)." (CEQA Guidelines Section 15183(d)); and ► All of the Standard Conditions of Approval (COAs) and Mitigation Measures (MMs) relied upon by the GPU EIR to reduce environmental effects and that are applicable to the proposed project are feasible and would be implemented as part of the project (CEQA Guidelines Section 15183(e)).
Accordingly, and pursuant to CEQA Guidelines Section 15183, because the proposed project is consistent with the 2005 General Plan Update, and because the proposed 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 GPU EIR, no additional environmental review is required for the proposed project beyond the analysis and conclusions provided in Section 4 of this memorandum.
3.1 OVERVIEW OF CEQA GUIDELINES SECTION 15183
Article 12 (Special Situations) of the State CEQA Guidelines identifies situations for which certain CEQA-compliance procedures may apply. Specifically, Section 15183 of the CEQA Guidelines applies to projects that are consistent with existing zoning, community plan, or general plan policies for which an EIR was previously certified. CEQA mandates that such projects 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. Section 15183 is intended to streamline the review of such projects and reduce the need to prepare repetitive environmental studies.
For projects that meet the requirements of Section 15183, the Lead Agency is required to limit its examination of environmental effects to those effects which the Lead Agency determines, in an initial study or other analysis:
1) Are peculiar to the project or the parcel on which the project would be located; 2) Were not analyzed as significant effects in a prior EIR on the zoning action, general plan, or community plan with which the project is consistent;
3) Are potentially significant off -site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action; or 4) Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR.
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Oak Valley Village General Commercial Project Plot Plan 20 059age-1049 of 2369 21 CEQA Guidelines Section 15183 Compliance Ascent
If 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, as contemplated by CEQA Guidelines Section 15183(c), then an additional EIR need not be prepared for the project solely on the basis of that impact. Pursuant to CEQA Guidelines Section 15183(h), an environmental effect shall not be considered peculiar to the project or parcel solely because no uniformly applied development policy or standard is applicable to it. Section 15183(e) allows for the analysis to be limited for those significant environmental effects which were previously identified in the prior EIR, and for which all applicable mitigation measures identified by the prior EIR are found to be feasible. For such effects, the Lead Agency is required to make a finding at a public hearing as to whether the feasible mitigation measures would be undertaken.
Pursuant to CEQA Guidelines Section 15183(f), an effect of a project on the environment shall not be considered peculiar to the project or the parcel if uniformly applied development policies or standards have been previously adopted by the city or county with a finding that the development policies or standards will substantially mitigate that environmental effect when applied to future projects, unless substantial new information shows that the policies or standards will not substantially mitigate the environmental effect. The finding shall be based on substantial evidence which need not include an EIR. Such development policies or standards need not apply throughout the entire city or county but can apply only within the zoning district in which the project is located, or within the area subject to the community plan on which the lead agency is relying. Moreover, such policies or standards need not be part of the general plan or any community plan but can be found within another pertinent planning document such as a zoning ordinance. Where a city or county, in previously adopting uniformly applied development policies or standards for imposition on future projects, failed to make a finding as to whether such policies or standards would substantially mitigate the effects of future projects, the decision -making body of the city or county, prior to approving such a future project pursuant to Section 15183, may hold a public hearing for the purpose of considering whether, as applied to the project, such standards or policies would substantially mitigate the effects of the project. Such a public hearing need only be held if the city or county decides to apply the standards or policies as permitted in Section 15183.
Section 15183(j) of the State CEQA Guidelines does not affect any requirement to analyze potentially significant off - site or cumulative impacts if those impacts were not adequately discussed in the prior EIR. If a significant offsite or cumulative impact was adequately discussed in the prior EIR, then Section 15183 may be used as a basis for excluding further analysis of that offsite or cumulative impact.
City of Beaumont
4 PROJECT -SPECIFIC ENVIRONMENTAL ASSESSMENT
The following analysis addresses the potential impacts from the proposed Oak Valley Village Commercial Project in relation to the analysis presented in the GPU EIR that was certified in October 2020 (SCH No. 2018031022) and in the certified EIR for the previous project (February 2007 - SCH 2006011015). The discussion below is formatted to address each of the environmental checklist items identified by Appendix G to the CEQA Guidelines, which also were relied upon by the 2020 GPU EIR and the 2007 project EIR. The analysis assumes that the proposed project would be subject to all applicable Mitigation Measures (MMs) identified by the GPU and project EIRs, applicable Standard Conditions of Approval (COAs) as identified in the GPU EIR, and any standard COAs that have been implemented since the General Plan EIR was certified that are applicable to the proposed project. Applicable MMs, and COAs that were relied upon to evaluate the project's potential environmental effects are listed under the appropriate environmental subject heading in the following subsections.
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4.1 AESTHETICS
Would the project
New
Significant
Impact
New Ability to No Substantial
More Severe Substantially Change from
Impacts Reduce Significant Previous
Impact Analysis
a. Have a substantial adverse effect on a scenic
vista?
b. Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?
c. In non -urbanized areas, would the project
substantially degrade the existing visual character
or quality of public views of the site and its
surroundings? (Public views are those that are
experienced from publicly accessible vantage
point). If the Project is in an urbanized area, would
the Project conflict with applicable zoning and
other regulations governing scenic quality?
d. Create a new source of substantial light or glare,
which would adversely affect day or nighttime
views in the area?
The 2020 GPU EIR and the 2007 project EIR evaluated the project site for impacts to Aesthetics.
4.1.1 Applicable 2020 GPU EIR and 2007 Project EIR Mitigation Measures
2020 GPU EIR Mitigation Measures: The 2020 GPU EIR does not include mitigation measures for Aesthetics. 2007 Project EIR Mitigation Measures: The 2007 project EIR does not include mitigation measures for Aesthetics.
4.1.2 Previous Significance Determinations
The 2020 GPU EIR concluded that development associated with the buildout of the Planning Area (city limits and sphere of influence) result in the intensification of existing land uses and the conversion of vacant land into urban land uses; however, project -specific design review of projects proposed in the Planning Area would ensure that development pursuant to the General Plan (Beaumont 2040 Plan) is attractive and cohesive without diminishing the quality of the natural beauty of the general vicinity. Adherence to the Beaumont 2040 Plan goals and policies and project -specific design review of individual projects would result in a less than significant impacts to scenic vistas. In addition, the Planning Area did not propose any land uses which would significantly impact scenic resources within the Planning Area or vicinity, and site specific analysis required by the City's entitlement process and CEQA would ensure that potential scenic impacts of individual proposed projects are disclosed and mitigated to a less -than - significant level, and as such, impacts regarding damaging scenic resources would be less than significant. The 2020 GPU EIR also concluded that implementation of the goals and policies of the Beaumont 2040 Plan would ensure that urbanization of the Planning Area would not result in substantial degradation to the existing visual character or quality of the Planning Area and its surroundings, thus resulting in a less -than -significant impact. As stated in the 2020 GPU EIR compliance with the City's municipal code of ordinances would reduce new sources of substantial light and glare for daytime and nighttime views to a less -than -significant level. Therefore, all impacts were found to be less than significant, and no mitigation measures were required. 24 City of Beaumont
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The 2007 Project EIR did not analyze aesthetics, as the Appendix G Environmental Checklist Form included in the CEQA Statute and Guidelines did not, at the time, have a section addressing aesthetic environmental impacts.
Therefore, a significance determination of the project's potential aesthetic impacts was not determined.
4.1.3 Project -Specific Analysis
The project is located within a non -urbanized area of the city and is not included within a scenic vista. Motorists, cyclists, and pedestrians traveling along Oak Valley Parkway and along the I-10 freeway see partially obstructed views of the project site due to terrain; surrounding land uses include low -density residential and commercial. The proposed commercial development would be of similar scale and height to the existing surrounding land uses and would not obstruct a scenic resource. No scenic highways are located within the project site or in the vicinity of the project site, and no trees, rock outcroppings, or historic buildings are located on the project site in connection with a state scenic highway; the nearest eligible and designated scenic highway is State Route 243 near Banning, approximately 6.5 miles east of the project site. As the project would conform to the underlying existing zoning and General Plan land use designations on -site, and due to the fact that land uses in the vicinity are commercial and low - density residential, development of the project's commercial land uses would not result in significant degradation to the existing visual character or quality of public views of the project site and surroundings. Regarding on -site lighting or glare, lighting for the project would be provided in order to illuminate building entrances, common open space areas, and parking areas largely to provide adequate nighttime visibility for patrons and visitors and to provide a measure of security; however, all exterior lighting would be designed and installed with shielding to reduce glare on to neighboring properties in conformance with City standards, such as Chapter 8.50 of the City's municipal code and the Outdoor Lighting Ordinance. Conformance to the City's municipal code and lighting ordinance standards would ensure that the project would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area.
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4.2 AGRICULTURE AND FORESTRY RESOURCES
Would the project
New
Significant
Impact
New Ability to No Substantial
More Severe Substantially Change from
Impacts Reduce Significant Previous
Impact Analysis
a. Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of
the California Resources Agency, to non-
agricultural use?
b. Conflict with existing zoning for agricultural use, or a Williamson Act contract?
c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources
Code section 12220(g)), timberland (as defined by
Public Resources Code section 4526), or
timberland zoned Timberland Production (as
defined by Government Code section 51104(g))?
d. Result in the loss of forest land or conversion of
forest land to non -forest use?
e. Involve other changes in the existing environment,
which, due to their location or nature, could result
in conversion of Farmland, to non-agricultural use
or conversion of forest land to non -forest use?
4.2.1 Applicable 2020 GPU EIR and 2007 Project EIR Mitigation Measures
The 2020 GPU EIR and the 2007 project EIR evaluated the project site for impacts to Agriculture and Forestry Resources.
2020 GPU EIR Mitigation Measures: The 2020 GPU EIR includes the following applicable mitigation measures for Agriculture and Forestry Resources:
► MM -AG -1: Because the State revaluates and changes Farmland designations approximately every two years, to determine the specific impacts to designated Farmland sites shown on Figure 5.2-1— Designated Farmland, as part of any entitlement process for any future development proposal, the project applicant shall use the most current FMMP data available to determine the number of acres of Prime Farmland, Unique Farmland, and Farmland of Statewide Importance that would be permanently converted to a non-agricultural use by the proposed future development. This number shall be referred to as the "Acres of Converted Farmland." If the Acres of Converted Farmland for any future development project is greater than zero, the City shall require the project proponent to provide mitigation in the amount equivalent to the Acres of Converted Farmland. This mitigation may be provided by one or more of the following methods: (i) placement of an agricultural easement on property containing soils that meet the physical and chemical criteria for Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, (ii) cancellation of a Notice of Non -renewal or an agreement not to file a Notice of Non -renewal for Williamson Act contracts on property (or properties), (iii) placement of a new Williamson Act contract on property or properties, or (iv) any combination of (i), (ii),or (iii). Other feasible measures to protect the soils and lands designated by the State FMMP program not listed here can be 26 City of Beaumont
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implemented as determined by the City. This mitigation shall be made a condition of project approval and evidence of mitigation shall be provided to the Beaumont Planning Department prior to the issuance of a grading permit.
► MM -AG -2: In order to allow the operation of produce stands in the Industrial Zoning District as part of the revisions to the Beaumont Zoning Ordinance, Section 17.03.100 and Table 17.03-3 shall be revised to include Produce Stands as a permitted use in the Manufacturing (M) Zone. 2007 Project EIR Mitigation Measures: The 2007 project EIR does not include mitigation measures for Agriculture and Forestry Resources.
Level of Significance with Mitigation Measures
Less Than Significant Impact.
4.2.2 Previous Significance Determinations
The 2020 GPU EIR concluded that the Beaumont 2040 Plan does not designated any lands for agricultural use, and the zoning assigned which permits agricultural use also allows other non-agricultural use. Because there are no exclusive agricultural land use designations included as part of the Beaumont 2040 Plan, up to 50 acres of farmland could eventually be converted to other uses. While certain policies and proposed revisions to the City's Zoning Code support and permit agricultural land uses, the Beaumont 2040 Plan does not require the preservation of designated Farmland, and there are no policies available to mitigate the irreplaceable loss of Prime and Unique Farmland. As a result, new mitigation measure MM -AG -1 was implemented to ensure that impacts regarding the conversion of Farmland to non-agricultural uses are considered less than significant. There are currently no Williamson Act contracted lands within the Planning Area of the Beaumont 2040 Plan, and no impacts would occur regarding Williamson Act lands. No lands within the Planning Area are designated or zoned for forestland or timberland use, and no impacts would occur.
The 2007 Project EIR determined that the project would have a less than significant impact on agricultural resources, as the project site was not zoned for agricultural cultivation, nor was it under a Williamson Act contract or designed as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. The project site was possibly used for agricultural purpose decades ago, but had since remained vacant and undeveloped land, and although the project site might be suitable for agriculture, the project site lacked available irrigation water or irrigation facilities to support agricultural use; in addition, no agricultural lands adjoined the project site, and proposed commercial uses would not convert farmland to non-agricultural use. The 2007 Project EIR determined that there would be no impact.
4.2.3 Project -Specific Analysis
The project site is designated as Farmland of Local Importance, according to the California Department of Conservation's California Important Farmland Finder database (DOC 2025a). However, no agricultural uses, forestland, or timberland production zones exist on the project site. Therefore, the project would not convert active farmland, forestland, or timberland production areas to non -farmland, non-forestland, and non -timberland production uses. The project site is not included in a Williamson Act contract (DOC 2025b). The project site is zoned CC, which allows for community commercial land uses, including retail and restaurant uses. The project would conform to the underlying zoning on -site by developing commercial land uses, including two major retail stores, one mid -sized retail store, and a series of smaller shops. Therefore, there are no impacts that are peculiar to the project site; there are no direct or cumulatively -considerable impacts of the 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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4.3 AIR QUALITY
Where available, the significance criteria established by the applicable air New quality management or air pollution control dishict may be relied upon to Significant make the following determinations. Would the project Impact NewAbilityto No Substantial
More Severe Substantially Change from
Impacts Reduce Significant Previous
Impact Analysis
a. Conflict with or obstruct implementation of the
applicable air quality plan?
b. Result in a cumulatively considerable net increase
of any criteria pollutant for which the project
region is non -attainment under an applicable
federal or state ambient air quality standard?
c. Expose sensitive receptors to substantial pollutant
concentrations?
d. Result in other emissions (such as those leading to
odors) adversely affecting a substantial number of
people?
The 2020 GPU EIR and the 2007 project EIR evaluated the project site for impacts to Aesthetics.
4.3.1 Applicable 2020 GPU EIR and 2007 Project EIR Mitigation Measures
2020 GPU EIR Mitigation Measures: The 2020 GPU EIR includes the following applicable mitigation measures for air quality.
► MM-AQ-1: In order to reduce future impacts related to exceedance of air quality standards from criteria pollutants and from TACs impacting sensitive receptors, prior to discretionary approval for development projects subject to CEQA review, project applicants shall prepare and submit a technical analysis evaluating potential air quality impacts, including TAC's where appropriate, to the City of Beaumont for review and approval. The analysis shall be prepared in conformance with current South Coast Air Quality Management District (SCAQMD) methodology for assessing air quality impacts and TACs. Feasible mitigation measures for each future project shall be incorporated, if applicable.
2007 Project EIR Mitigation Measures: The 2007 project EIR included the following mitigation measures for Air Quality:
► MM -4.1-1: All vehicles on the construction site shall travel at speeds less than 15 miles per hour. ► MM -4.1-2: All material stockpiles subject to wind erosion during construction activities, that will not be utilized within three days, shall be covered with plastic, an alternative cover deemed equivalent to plastic, or sprayed with a nontoxic chemical stabilizer.
► MM -4.1-3: Where vehicles leave the construction site and enter adjacent public streets, the streets shall be swept daily or washed down at the end of the work day to remove soil tracked onto the paved surface. Any visible track -out extending for more than fifty (50) feet from the access point shall be swept or washed within thirty (30) minutes of deposition.
► MM -4.1-4: All diesel -powered vehicles and equipment shall be properly operated and maintained. ► MM -4.1-5: All diesel -powered vehicles and gasoline -powered equipment shall be turned off when not in use for more than five (5) minutes.
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► MM -4.1-6: The grading contractor shall utilize equipment with Tier 3 -certified diesel engines for all equipment with an engine power rating of greater than 100 HP.
► MM -4.1-7: The construction contractor shall time the construction activities so as not to interfere with peak hour traffic. To minimize obstruction of through traffic lanes adjacent to the site, a flag person shall be retained to maintain safety adjacent to existing roadways, if necessary. ► MM -4.1-8: The construction contractor shall support and encourage ridesharing and transit incentives for the construction crew.
► MM -4.1-9: The construction contractor shall utilize water -based or low VOC coatings that comply with the most stringent SCAQMD Rule 1113 limits. Spray equipment with high transfer efficiency, such as the high volume -low pressure (HVLP) spray method, or manual coatings application such as paint brush hand roller, trowel, spatula, dauber, rag, or sponge, shall be used to reduce VOC emissions, where practical. ► MM -4.1-10: If construction equipment powered by alternative fuel sources (liquefied petroleum gas/compressed natural gas) is available at comparable cost, the developer shall specify that such equipment be used during all construction activities on the project site.
► MM -4.1-11: The developer shall require the use of particulate filters on diesel construction equipment exceeding 100 HP unless use of such filters is demonstrated to not be practical for use on proposed project. ► MM -4.1-12: All diesel -powered equipment rated at 100 horsepower or higher shall be equipped with engines that meet Tier 3 NOx emission limits.
► MM -4.1-13: The proposed project shall incorporate any available transportation control measures (TCMs). Such measures include, but are not limited to:
• Providing preferential parking spaces for employee carpools and vanpools. • Providing on -street bus shelters and well -lighted, safe paths between site uses. ■ Scheduling truck deliveries and pickups for off-peak hours where feasible. • Delivery trucks shall turn off their engines if the anticipated duration of idling exceeds three minutes.
Level of Significance with Mitigation Measures
2020 GPU EIR: Significant and Unavoidable Impacts.
2007 Project EIR: Significant and Unavoidable Impacts.
4.3.2 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 exceed established thresholds, even with the implementation of all feasible mitigation measures outlined above.
Therefore, regarding whether a project would introduce GHG emissions directly or indirectly that may have a significant impact on the environment, this impact was determined to be significant and unavoidable. In terms of whether the project would conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing emissions of GHG, the 2020 GPU EIR concluded that implementation of the Beaumont 2040 Plan would contribute to the reduction of GHG emissions throughout the Planning Area and would not conflict or obstruct with the implementation of the Sustainable Beaumont Plan. It was determined that no impact would occur.
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2007 PROJECT EIR
In terms of consistency with the applicable Air Quality Management Plan, (AQMP), the 2007 Project EIR determined that the project was consistent with the AQMP forecasts for the area and therefore would not contribute a significant impact associated with the implementation of the South Coast Air Quality Management District. Regarding regional air quality emissions, it was determined that the project would contribute to existing air quality violations within the air quality basin during both construction and operation, and as such, cumulative incremental increases in pollutant levels would result in significant impacts at the regional level. In terms of contributing to a local carbon monoxide hotspot, the project was found to be less than significant. Regarding impacts to sensitive receptors, existing sensitive receptors were located 110 feet north of the project site. It was concluded that although operational impacts were projected to exceed air quality standards, long-term operational impacts were unlikely to occur to sensitive receptors since the proposed commercial uses would not generate localized emissions in exceedance of air quality standards.
Regarding objectionable odors, it was concluded that the project's commercial retail space would not create objectionable odors. All impacts were determined to be less than significant, except for daily construction and operational impacts, which would continue to exceed the SCAQMD thresholds even with implementation of mitigation measures.
4.3.3 Project -Specific Analysis
The proposed project would involve the construction of 279,941 square feet of general commercial land uses (retail and restaurant) on a project site of approximately 28.95 acres, whereas the 2007 Project EIR proposed commercial development on a project site of approximately 41.3 acres in size. Because the current project would result in reduced commercial intensity compared to the assumptions of the 2007 Project EIR, it can be concluded that the current project would result in fewer air quality emissions as compared to what was evaluated and disclosed in the 2007 Project EIR, for both construction and operation. Specifically, the current project square footage would be approximately a 37 percent reduction in size compared to the 2007 project. Therefore, it can be assumed that the current project would have approximately 37 percent fewer air quality emissions compared to the 2007 project.
Therefore, consistent with the findings of the 2007 Project EIR, the current project would not conflict or obstruct implementation of an applicable air quality plan, would not expose sensitive receptors to substantial pollutant concentrations, and would not result in other emissions, such as odors, adversely affecting a substantial number of people. However, since the air quality basin is in non -attainment for PM10, Nitrous Oxide, Reactive Organic Gases, and Carbon Monoxide, even with approximately a 35 percent decrease in emissions, construction of the current project would still contribute to these existing air quality violations established by the SCAQMD. Therefore, consistent with the 2007 Project EIR conclusions, cumulative incremental increases in pollutant levels for these non -attainment pollutants would result in a significant impact at the regional level, and impacts would be significant and unavoidable, even after all feasible mitigation measures have been incorporated. 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. 30 City of Beaumont
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4.4 BIOLOGICAL RESOURCES
Would the project
New
Significant
Impact
New Ability to No Substantial
More Severe Substantially Changefrom
Impacts Reduce Significant Previous
Impact Analysis
a. Have a substantial adverse effect, either directly or through habitat modifications, on any species
identified as a candidate, sensitive, or special
status species in local or regional plans, policies,
or regulations, or by the California Department of
Fish and Wildlife or U.S. Fish and Wildlife Service?
b. Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations or by the California Department of
Fish and Wildlife or U.S. Fish and Wildlife Service?
c. Have a substantial adverse effect on state or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological
interruption, or other means?
d. Interfere substantially with the movement of any
native resident or migratory fish or wildlife species
or with established native resident or migratory
wildlife corridors, or impede the use of native
wildlife nursery sites?
e. Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f. Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
The 2020 GPU EIR and the 2007 project EIR evaluated the project site for impacts to Biological Resources.
4.4.1 Applicable 2020 GPU EIR and 2007 Project EIR Mitigation Measures
2020 GPU EIR Mitigation Measures: The 2020 GPU EIR includes the following applicable mitigation measures for biological resources.
► MM-BIO-1: For impacts identified to Species Not Covered by the MSHCP, potential direct and indirect impacts to Federal Species of Concern, California Species of Special Concern, California Species Animals or plants on lists one through four of the California Native Plant Society (CNPS) Inventory will require habitat assessments prepared by a qualified biologist for future implementing projects. The habitat assessment report identifying potential impacts to the Not Covered MSHCP species shall be provided in a report and submitted to the City City of Beaumont
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Planning Department prior to issuance of grading permits. The following determinations shall be made by the City based on the habitat assessment:
• If the findings of the habitat assessment show no suitable habitat or sensitive species Not Covered by the MSHCP occur on site, then no additional surveys or mitigation measures are required. • If the potential for sensitive species exit or suitable habitat exists on site, focused surveys shall be completed within one year of the submittal to the City for review. Focused surveys conducted in the appropriate season for each species, as identified in the habitat assessment report, shall be conducted to determine presence/absence status.
■ If no sensitive species are identified through focused surveys, then no additional surveys or mitigation measures are required.
■ If sensitive species Not Covered by the MSHCP are found on site and are not avoided by project design, coordination with the appropriate regulatory agencies) i.e., USFWS and/or CDFW) would be required to obtain necessary take permits and implement project -specific mitigation prior to any ground disturbing activities.
► MM-BIO-2: If future implementing project activities are planned during the bird nesting (February 15 to August 31) season and there are trees or vegetation on site, nesting bird survey(s) consisting of up to three (3) site visits within 7 days prior to ground disturbance, clearing and/or demolition activities shall be conducted to ensure birds protected under the Migratory Bird Treaty Act (MBTA) are not disturbed by on -site activities. Any such survey(s) shall be conducted by a qualified biologist. If no active nests are found, no additional measures are required.
If active nests are found, the nest locations shall be mapped by the biologist. The nesting bird species shall be documented and, to the degree feasible, the nesting stage (e.g., incubation of eggs, feeding of young, near fledging) determined. Based on the species present and surrounding habitat, a no -disturbance buffer shall be established around each active nest. The buffer shall be identified by a qualified biologist and confirmed by the City. No construction or ground disturbance activities shall be conducted within the buffer until the biologist has determined the nest is no longer active and has informed the City and construction supervisor that activities may resume. ► MM-BIO-3: The City shall require the following for all future implementing projects in order to mitigate for impacts to riparian/riverine or sensitive habitats associated with waters of the US and State:
• Preparation of a Jurisdictional Delineation of Waters of the U.S. and wetlands pursuant to the RCA as well as CWA and ACOE protocol where drainages are located on site. If avoidance of the drainages is infeasible, then applicants must obtain a CWA Section 404 permit from the ACOE prior to project grading. These permits must include measures or other equivalent requirements necessary to reduce impacts to riparian and wetlands resources and ensure no net loss of wetlands.
■ Preparation of a Jurisdictional Delineation of streams and vegetation within drainages and native vegetation of use to wildlife pursuant to CDFW and California Fish and Game Code Sect 1600 et seq. Where necessary, applicants are required to obtain a Section 1601 or 1603 permit and a Streambed Alteration Agreement from CDFW. These permits must include measures or other equivalent requirements that reduce impacts to riparian and wetlands resources ensure no net loss of wetlands. • Riparian/Riverine evaluation pursuant to Section 6.1.2 of the MSHCP. Applicants must avoid impacts to riparian areas to preserve the function and value of such habitats. Avoided areas shall be protected in perpetuity through a legal instrument such as a conservation easement or deed restriction. Where avoidance is infeasible, a DBESP will be required to be reviewed and approved by the RCA and/or US Fish and Wildlife Services and California Department of Fish and Game.
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2007 Project EIR Mitigation Measures: The 2007 project EIR included the following mitigation measures for Biological Resources:
► MM -4.2-1: The removal of potential nesting vegetation (i.e., trees, shrubs, ground cover, etc.) supporting migratory birds/raptors shall be avoided during the nesting season (if feasible), recognized from March 1 through September 15. If vegetation removal must occur during the nesting season, a qualified biologist shall conduct a migratory nesting bird survey to ensure that vegetation removal would not impact any active nests. Surveys must be conducted no more than three days prior to tree/large shrub removal. If active nests are identified during nesting bird surveys, then the nesting vegetation would be avoided until the nesting event has completed and the juveniles can survive independently from the nest. The biologist shall flag the nesting vegetation and would establish an adequate buffer (e.g., construction fencing) around the nesting vegetation. The size of the buffer would be based on the type of bird nesting (i.e., raptors shall be afforded larger buffers). Clearing/grading shall not occur within the buffer until the nesting event has completed. ► MM -4.2-2: Impacts to the San Diego horned lizard and San Diego black -tailed jackrabbit shall be mitigated by compliance with the MSHCP and the payment of MSHCP impact fees, which will contribute to overall conservation within the Plan area.
► MM -4.2-3: In order to minimize potential impacts to BUOW and to comply with the MSHCP, focused preconstruction clearance surveys for the BUOW shall be conducted within 30 days prior to the initiation of grading activities. If active burrows are found during the March 1 -August 31 breeding season, grading activities shall be postponed until a qualified biologist has determined that the nest has successfully fledged young. If active burrows are found outside the breeding season, relocation of the owls shall be conducted by a qualified biologist in accordance with requirements outlined in the MSHCP. Grading and associated activities shall commence only at such time that the biologist has determined that the burrows are no longer active. If three or more pairs of burrowing owl are found within the project site as a result of the focused surveys and at least 90 percent of the area with long-term conservation value of the occupied area cannot be avoided, then the applicant must submit a plan for a Biologically Equivalent or Superior Preservation alternative to the City.
Prior to approval of Biologically Equivalent or Superior Preservation alternative by the City pursuant to the MSHCP, the FWS and CDFG shall be notified of such determinations and be provided a 60 -day review and response period. If focused surveys have indicated that three or more pairs of burrowing owl are found within the project site, a grading permit shall not be issued until the applicant has fulfilled its obligations regarding the approval of a Biologically Equivalent or Superior Preservation alternative pursuant to the MSHCP. If grading has not begun by March 1, 2007, the start of the BUOW breeding season as identified in the MSHCP, BUOW surveys may be repeated to conform to County BUOW Survey Instructions that require pre -construction surveys be conducted within 30 days prior to ground disturbance.
► MM -4.2-4: Prior to the issuance of grading permits, the developer shall submit a landscape plan to the City. The landscaping palette shall not contain any of the invasive plant species listed on Table 6.2 of the MSHCP (Vol. I, Pages 6-44 through 6-46: Plants That Shall Be Excluded From Landscape Adjacent To Conservation Area). None of the MSHCP Table 6-2 prohibited plant species are included in the planting palette of the landscape plan. In addition, consistent with the MSHCP, the project landscape plan shall utilize fire-resistant plants. ► MM -4.2-5: All construction operations should be staged as far away from the onsite Conservation Area as feasibly possible. Implementation of the water quality management plan and the general permit would reduce impacts to any onsite, or adjacent Conservation Area to a level of less than significant. ► MM -4.2-6: Onsite light pollution onsite and in the adjacent Conservation Cell must be minimized. The City shall review and approve the project's lighting plan to insure consistency with the MSHCP. ► MM -4.2-7: The effects of noise on MSHCP Conservation Area resources during and after construction must be minimized. The City shall review and approve the project's noise mitigation measures to insure consistency with the MSHCP.
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► MM -4.2-8: With regards to the adjacent off -site Conservation Area, fencing shall be included into project design that will restrict access by humans and domestic animals into the adjacent Conservation Area. ► MM -4.2-9: With regards to the offsite Conservation Area, all project grading adjacent to the off -site Conservation Area shall be conducted within the boundaries of the development footprint and will not encroach into the MSHCP Conservation Area.
► MM -4.2-10: Payment of the mitigation fee and compliance with the MSHCP will provide full mitigation under CEQA for impacts to the species and habitats covered by the MSHCP. Such measures mitigate the indirect project impacts, such as increased run-off, facility lighting, increased noise levels, influx of non-native invasive plant and pet species and human related disturbances, which are also mitigated by the above measures. These measures also mitigate loss of RAFSS.
Level of Significance with Mitigation Measures
2020 GPU EIR: Less Than Significant Impact.
2007 Project EIR: Less Than Significant Impact.
4.4.2 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 not result in significant direct impacts to existing biological resources; however, it could lead to potential impacts as a result of future development. There are special -status plant and animal species known to occur within the regional vicinity of the Planning Area. Implementation of the MSHCP as part of the Beaumont 2040 Plan would minimize direct, indirect, and cumulative biological impacts at a project -specific level. Impacts to certain species not covered by the MSHCP would be addressed and minimized to a less -than -significant impact with mitigation incorporated by MM-BIO-1. In addition, impacts to nesting birds were considered less than significant with mitigation incorporated with the implementation of MM-BIO-2.
Regarding riparian habitats and sensitive natural communities, the Planning Area contains riparian habitats and sensitive habitats such as the Riverside an Alluvial Fan Sage Scrub and impacts to these natural habitats could result from future development. It was determined that compliance with MSHCP Section 6.1.2 and the implementation of MM-BIO-3 would ensure impacts to riparian/riverine and sensitive habitats would be less than significant with mitigation incorporated. Regarding state or federally protected wetlands, development proposed within wetland areas would be subject to the US Army Corps of Engineers (USACE) Section 404 permitting process, the California Wetlands Conservation Policy, and the MSHCP, in addition to the implementation of MM-BIO-3. The 2020 GPU EIR concluded that this would ensure development of future projects approved under the Beaumont 2040 Plan would have impacts to jurisdictional waters and wetlands that would be less than significant with mitigation incorporated.
The 2020 GPU EIR concluded that future development approved under the Beaumont 2040 Plan would have the potential to result in direct and indirect impacts to migratory species; however, compliance with the MSHCP and MM- BIO-2 would ensure that protections are in place for migratory species such that impacts would be less than significant with mitigation incorporated. In addition, impacts to local policies and ordinances protecting biological resources would be less than significant with conformance to federal, state, and local policies protecting biological resources discussed in Section 5.4, Biological Resources. Similarly, the Beaumont 2040 Plan would not conflict with a habitat conservation plan with adherence to the Stephens Kangaroo Rat Habitat Conservation Plan and the MSHCP. 2007 PROJECT EIR
The 2007 Project EIR concluded that the project would result in the removal of 37.4 acres of non-native grassland (NNG) and 3.2 acres of Riversidian Alluvial Fan Sage Scrub (RAFSC), but that these acres were not identified as 34 City of Beaumont
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sensitive habitats. Nevertheless, due to the presence of certain trees and shrubs, nesting habitats for birds existed and required the implementation of MM -4.2-1. No plant or animal species listed as threatened or endangered were identified on -site. Three special status wildlife species were identified: LAPM, the San Diego horned lizard, and the black tailed jackrabbit. In response to this, the project was to preserve at least 90 percent of the land suitable for LAPM, consistent with MSHCP policy; however, development of the project would result in a loss of the San Diego horned lizard and black tailed jackrabbit and required MM -4.2-2 and MM -4.2-3. Potential burrows of BUOW individuals were identified and required mitigation of potential impacts.
The 2007 Project EIR concluded that a less -than -significant impact would occur on -site due to the fact that construction of the project would not impact USACE jurisdictional waters, and no impacts were anticipated within Noble Creek, located in the southern portion of the project site. Construction of the project would impact 0.24 acres of non jurisdictional USACE waters, but these waters do not exhibit wetland characteristics, and no significant impacts are anticipated. The California Department of Fish and Game (now the California Department of Fish and Wildlife, or CDFW) had 8.89 acres of jurisdiction over the project site, 0.13 acres of which consisted of vegetated riparian habitat.
However, it was found that construction of the project would not impact CDFW jurisdiction and no impacts to Noble Creek or vegetated riparian habitat would occur.
Regarding migratory fish and wildlife species, no MSHCP wildlife movement corridors or linkages were identified within the boundaries of the project site; although there is a linkage located west of the project site, it is separated from the project site by the I-10 freeway ("constrained by I-10 to the east" — MSHCP, Vol. I, Page 3-93), and existing wildlife movement along Noble Creek is constrained by the presence of the I-10 freeway as well. As such, it was concluded that the project would not interfere with existing or proposed wildlife corridors or wildlife nursery sites and impacts would be less than significant.
In terms of significantly impacting locals plans or ordinances in place to protect biological resources, no oak trees were present on the project site and therefore the project would not conflict with, and therefore not significantly impact, the County's Oak Tree Management Guidelines, and impacts were determined to be less than significant.
Regarding habitat conservation plans, construction of the project was found to have a less than significant impact by meeting the required objectives and policies in the MSHCP.
Indirect impacts from project construction and operation (e.g., increased runoff and pollutants, lighting affecting wildlife, increased noise levels, introduction of non-native plant and pet species, human -related disturbances and habitat degrading behavior [i.e., hiking, pet walking, illegal dumping of trash and landscape clippings]) were determined to be significant with implementation of MM -4.2-4 through MM -4.2-9. Cumulative impacts were determined to be less than significant with MM -4.2-10.
4.4.3 Project -Specific Analysis
The current project site remains located on vacant, undeveloped land in proximity to existing low -density residential to the north, commercial land uses to the north, and bordered by Oak Valley Parkway to the north, the I-10 freeway to the west, and more vacant, undeveloped land to the east and south. Although modified in size and updated, the project site is located within the original project site from the 2007 Project EIR. The current project site is currently
28.95 acres which is 70% of the 2007 project approved in the 2007 Project EIR, is subject to the mitigation measures detailed in both the 2020 GPU EIR and the 2007 Project EIR regarding biological resources. Therefore, project impacts on candidate, sensitive, or special status plant and wildlife species would be mitigated by implementing MM-B1O-1, MM-B1O-2, MM -4.2-1, MM -4.2-2, and MM4.2-3. Impacts were found to be less than significant regarding riparian habitats and federally protected wetlands in the 2007 Project EIR. Because the current project site is 70%of the approved 2007 project site in size (approximately 28.95 acres instead of approximately 41.3 acres), the current project is anticipated to have a less than significant impact on riparian habitats and federally protected wetlands. Similarly, the project is anticipated to have a less than significant impact on migratory species, as the project would not interfere with an existing or proposed wildlife corridor or use of a wildlife nursery site. The project would not interfere with a habitat conservation plan and would implement applicable objectives of the MSHCP to ensure compliance of City of Beaumont
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measures adopted for the protection of biological resources. Indirect impacts to the current project would be addressed by implementing MM -4.2-4 through MM -4.2-9, and MM -4.2-10 would address the payment fee and compliance with the MSHCP. Project implementation would ensure that impacts to biological resources would be less than significant with mitigation incorporated. 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.
A Western Riverside County Regional Conservation Authority (RCA) Multiple Species Habitat Conservation Plan (MSHCP) Joint Project Review (JPR) was completed in December 2007 for the proposed project. The JPR (07-03-12- 02) was approved by the RCA and required the conservation of 23.1 acres of sensitive habitat associated with Noble Creek in the southern portion of the project site. 6.0 acres of the conservation area are within Criteria Cell 940 and
17.1 acres of conservation are outside of conservation cells. The currently proposed project is substantially the same as the 2007 project and the RCA concluded that "the project is consistent with both the criteria and other plan requirements. On July 28, 2024, the RCA issued a clerical amendment to the approved JPR which corrected the actual impact and mitigation/conservation acreages that are required for the proposed project. The currently proposed project is consistent with the JPR clerical amendment and no additional MSHCP compliance is required as long as the formal conservation of the 23.1 acres of sensitive habitat is conveyed to the RCA. 36 City of Beaumont
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4.5 CULTURAL RESOURCES
Would the project
New
Significant
Impact
New Ability to No Substantial
MoreSevere Substantially Changefrom
Impacts ReduceSignificant Previous
Impact Analysis
a. Cause a substantial adverse change in the
significance of a historical resource pursuant to
CEQA Guidelines Section 15064.5?
b. Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to CEQA Guidelines Section 15064.5?
c. Disturb any human remains, including those
interred outside of dedicated cemeteries?
The 2020 GPU EIR and the 2007 project EIR evaluated the project site for impacts to Cultural Resources.
4.5.1 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 Cultural Resources:
2007 Project EIR Mitigation Measures: The 2007 project EIR included the following mitigation measures for Cultural Resources:
► 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.
► MM -4.3-3: A qualified vertebrate paleontologist must be retained in order to develop a program to mitigate impacts during excavation activities to paleontological resources located in Pleistocene older Alluvium, or any disturbed surface or subsurface sediments of Alluvium. Excavation in areas identified as likely to contain paleontological resources, shall be monitored by a qualified paleontological monitor. The qualified project Paleontologist shall be present at the pre -grading meeting to explain the monitoring program to grading contractors prior to initiation of any earth disturbing construction excavation (grading) activities.
During substantial grading (at depth of more than 5 feet or 1.5 meters), which can potentially encounter significant vertebrate fossils, a supervised paleontological field monitor must be present during earth disturbing construction excavation (grading) activities 100 percent of the time during the grading (SVP 1991). Monitoring may be reduced if the potentially-fossiliferous units described are documented as not present by the project specific geotechnical report, or if present, are determined upon exposure and examination by the qualified project paleontologist supervising the project -specific mitigation plan, to have low potential to contain fossil resources.
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Paleontological monitoring shall occur only for those undisturbed sediments wherein fossil plant or animal remains are found with no associated evidence of human activity or any archaeological context. Therefore, any substantial excavations in the project area, should be monitored closely to detect and professionally collect any fossil remains without impending development.
Paleontological monitors shall be equipped to salvage fossils as they are unearthed to avoid construction delays, and to remove samples of sediments which are likely to contain the remains of small fossil invertebrates and vertebrates. Monitors shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens.
All recovered specimens shall be prepared to a point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates.
Specimens shall be identified, curated to a point of identification, and deposited into a permanent and accredited institution maintaining fossil collections, such as the SBCM or the Geology Department at the University of California in Riverside. The paleontologist shall have a written repository agreement in hand prior to the initiation of mitigation activities.
Monitoring and salvage of significant paleontological resources shall be consistent with any regulations required by the City of Beaumont, California and the proposed guidelines of the Society of Vertebrate Paleontology's Measures for Assessment and Mitigation of Adverse Impacts to Non -Renewable Paleontological Resources:
Standard Procedures (SVP 1991).
Upon completion of the construction excavations the Project Paleontologist shall submit a monitoring report of findings and significance for review and approval by the City. The report shall include at least the following elements: dates of paleontological resource surveillance (monitoring), a summary of field and laboratory methodologies, a description of the onsite geology, and a description of the onsite stratigraphy. The report will be a short letter report if no fossils are found. If fossils are found, the report will be longer to include the following items: a catalogue and analysis of any fossils observed and/or salvaged, a brief statement of significance of any salvaged fossils, and the repository where the salvaged fossils were deposited. Submission of the final report of findings to the City of Beaumont signifies the completion of the program to mitigate any development impacts to encountered significant paleontological resources (fossils) to a less than significant level.
Level of Significance with Mitigation Measures
2007 Project EIR: Less Than Significant Impact.
4.5.2 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 less than significant impact regarding the potential to cause a substantial adverse change in the significance of a historical resource, as goals, objectives, and policies within the Beaumont 2040 Plan would enact protection measures on identified historic resources and may require cultural resources assessments on a project - specific level to address recommendations and mitigation measures for impacted historic resources. It was determined that the Beaumont 2040 Plan would also have less than significant impacts on archaeological resources and human remains, including those interred outside of formal cemeteries, with the incorporation of the Beaumont 2040 Plan's goals, objectives, and policies pertaining to the protection of archaeological resources and regulatory compliance regarding procedures implemented when human remains are discovered, as outlined in Health and Safety Code Section 7050.5, CEQA Guidelines Section 15064.5(e), and Public Resources Code Section 5097.98. No mitigation measures were necessary, as all impacts were determined to be less than significant. 38 City of Beaumont
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2007 PROJECT EIR
Once a review of historical imagery and a field survey were completed, the 2007 Project EIR concluded that development of the project would have no impact on historical resources. No buildings, structures, objects, sites, features, or artifacts more than 50 years in age were encountered. Although it was determined that the discovery of archaeological resources and human remains were unlikely, the inadvertent discovery of previously unknown archaeological resources and human remains were concluded to be less than significant with mitigation incorporated (MM -4.3-1 and MM -4.3-2, respectively). Paleontological resources, although unlikely as well, were determined to be less than significant with mitigation incorporated (MM -4.3-3). Cumulative impacts were determined to be less than significant with the implementation of all mitigation measures related to cultural resources.
4.5.3 Project -Specific Analysis
As the current project would be consistent with the underlying zoning and general plan land use designations on - site, the current project as proposed would be consistent with the 2040 Beaumont Plan. The project site is located within the same geographic area of the original 2007 project site, and much of the original findings and impact conclusions are still applicable. A previous Cultural Resources Report was completed as part of the 2007 EIR. This included a California Historic Resources Information System records search with a 0.5 -mile radius of the project site location, conducted by the South Coastal Information Center (SCIC) to identify any previously recorded built environment and archaeological resources known to exist within or adjacent to the project site. Ascent also requested a Sacred Lands File be conducted by the Native American Heritage Commission (NAHC) to identify any areas of Native American heritage significance. No sensitive cultural resources were identified.
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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4.6 ENERGY
Would the project
New
Significant
Impact
New Ability to No Substantial
More Severe Substantially Change from
Impacts Reduce Significant Previous
Impact Analysis
a. Result in a potentially significant environmental
impact due to wasteful, inefficient, or unnecessary
consumption of energy resources during project
construction or operation?
b. Conflict with or obstruct a State or local plan for
renewable energy or energy efficiency?
The 2020 GPU EIR and the 2007 project EIR evaluated the project site for impacts to Energy.
4.6.1 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 Energy. 2007 Project EIR Mitigation Measures: The 2007 project EIR did not include mitigation measures for Energy.
4.6.2 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 with respect to short-term construction impacts of individual projects developed under the Beaumont 2040 Plan, as well as less than significant long-term operational impacts. This is primarily due to short-term construction impacts being temporary in duration and that long-term operational impacts would reflect more sustainably sourced electricity over time, as well as requiring a negligible percentage of existing energy and natural gas consumption which would not significantly adversely affect regional supplies. The 2020 GPU EIR also concluded that the Beaumont 2040 Plan would be consistent with applicable goals, policies, and objectives with respect to energy consumption, energy efficiency, energy conservation, and the use of increasingly more renewable energy sources. Thus, it was determined that impacts would be less than significant. The 2020 GPU EIR also determined that buildout in accordance with the Beaumont 2040 Plan would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency, as buildout in accordance with the Beaumont 2040 Plan would be subject to the Renewables Portfolio Standard and Sustainable Beaumont Plan, both of which include policies to provide a comprehensive plan to increase the utilization of renewable resources and energy efficient practices during both construction and operation. These impacts were determined to be less than significant or have no impact, respectively. 2007 PROJECT EIR
The 2007 Project EIR did not analyze impacts relating to energy or energy efficiency. This is because in 2007 the Appendix G Checklist in the State CEQA Guidelines used to determine potential environmental impacts from proposed projects did not include a section analyzing energy or energy resources. Therefore, an impact determination was not made.
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4.6.3 Project -Specific Analysis
The current project would involve the construction of 279,941 square feet of general commercial land uses (retail and restaurant) on a project site of approximately 28.95 acres, whereas the 2007 Project EIR anticipated the project site to be built with 441,709 square -feet on a 41.3 acre site. 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 less demand for energy resources as compared to what was evaluated and disclosed in the 2007 Project EIR, for both construction and operation. In addition, the 2020 GPU EIR assumed that 70 percent of the GC designated areas, such as the project site, would be developed. The current project proposes to develop 279,941 square feet of general commercial land uses, which would result in a Floor Area Ratio of 0.22, which is consistent with the 2020 GPU EIR impact analysis. Therefore, the current project would not result in the wasteful, inefficient, or unnecessary consumption of energy resources. As noted in the 2020 GPU EIR, individual projects consistent and approved under the Beaumont 2040 Plan, such as the current project, would have less than significant impacts during both construction and operation. This is because short-term construction impacts being temporary in duration and that long-term operational impacts would reflect more sustainably sourced electricity over time, as well as full buildout of the Beaumont 2040 Plan (including development of the project site) requiring a negligible percentage of existing energy and natural gas consumption, which would not significantly adversely affect regional supplies. 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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4.7 GEOLOGY AND SOILS
Would the project
New
Significant
Impact
NewAbilityto No Substantial
More Severe Substantially Change from
Impacts Reduce Significant Previous
Impact Analysis
a. Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury, or death involving:
1) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on
other substantial evidence of a known fault?
Refer to Division of Mines and Geology
Special Publication 42.
2) Strong seismic ground shaking?
3) Seismic -related ground failure, including
liquefaction?
4) Landslides?
b. Result in substantial soil erosion or the loss of
topsoil?
c. Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in on -
or off -site landslide, lateral spreading, subsidence,
liquefaction or collapse?
d. Be located on expansive soil, as defined in Table
18-1-B of the Uniform Building Code (1994),
creating substantial direct or indirect risks to life
or property?
e. Have soils incapable of adequately supporting the
use of septic tanks or alternative waste water
disposal systems where sewers are not available
for the disposal of waste water?
f. Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
The 2020 GPU EIR and the 2007 project EIR evaluated the project site for impacts to Geology and Soils.
4.7.1 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 Geology and Soils. 2007 Project EIR Mitigation Measures: The 2007 project EIR did not include mitigation measures for Geology and Soils. 42 City of Beaumont
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4.7.2 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 the environment regarding rupture of a known earthquake and strong seismic ground shaking, as projects proposed under the Beaumont 2040 Plan would be subject to the California Building Code seismic safety standards and requirements which are designed to withstand seismic events typical of the southern California region. The 2020 GPU EIR concluded that impacts involving seismic -related ground failure, including liquefaction, would also be less than significant, as projects proposed under the 2020 GPU EIR which are located in liquefaction -prone areas would be required to complete a geotechnical report by a qualified geotechnical engineering professional and incorporate into the project the report's specifications, recommendations, and necessary mitigation measures in order to ensure that the project is geotechnically safe. Impacts involving landslides were determined to be less than significant, as projects would be required to comply with the City's municipal code provisions regarding grading and development on or near landslides. Soil erosion and the loss of topsoil impacts were determined to be less than significant, as projects proposed in the City and County would be required to comply with the Riverside County Municipal Separate Storm Sewer System (MS4) Permit enacted by the Santa Ana River Regional Water Quality Control Board (RWQCB). This permit places stormwater pollution prevention requirements on development projects to help minimize and prevent soil erosion and the loss of topsoil. The 2020 GPU EIR determined that buildout of the Planning Area would result in a less than significant impact with respect to projects being located on an unstable geologic unit or unstable soil, as projects proposed in accordance with the Beaumont 2040 Plan would be subject to completing geotechnical reports, as necessary, and subject to current building code standards and engineering practices. Similarly, it was determined that impacts regarding expansive soils would be less than significant, as individual projects would be required to comply with the CBC design standards as well as complete any required geotechnical reports to determine the extent, if any, of expansive soils. Impacts regarding septic tanks or alternative wastewater disposal systems were found to be less than significant as all septic - using development would comply with provisions of the CBC Chapters 16, 17, and 18, the RWQCB Basin Plan, and the Riverside County Department of Environmental Health's Technical Guidance Manual to ensure project design would be suitable for septic.
2007 PROJECT EIR
The 2007 Project EIR determined that the project would not result in significant impacts to geologic resources or soils, as no known active faults are located on -site, project structures would have been subject to the Uniform Building Code Zone 4 for resistance to seismic shaking and other applicable regulations. It was determined that the potential for the project to result in landslides, liquefaction, expansive soils would be less than significant, as outlined in the geotechnical report conducted by Kleinfelder. Although the project site has a high potential for soil erosion, it was concluded that standard regulations for the issuance of grading permits include erosion control measures during construction and operation and that short-term erosion protection would be required. Impacts were determined to be less than significant.
4.7.3 Project Specific Analysis
Geologic conditions analyzed in the 2007 certified EIR have not changed. Based on the findings of the 2007 Project EIR, there are no known faults that pass through the project site, which is not located within the boundaries of an Earthquake Fault Zone for fault -rupture hazard as designated by the Alquist-Priolo Earthquake Fault Zoning Act.
Although there is no potential for fault rupture to occur on the project site, given its location in southern California and the common occurrence of earthquake faults in the region, and given that the southerly portion of the project site is located within the Beaumont Plain Fault Zone for Riverside County, the project site may experience strong seismic ground shaking from local or regional faults. However, the current project would be subject to CBC Chapter City of Beaumont
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16, Structural Design, which identifies design features required to be implemented to minimize the effects of seismic ground shaking. Soils on -site consist of loamy sand, coarse sandy loam, and riverwash, likely from Noble Creek (USDA 2025). According to the geotechnical report completed by Kleinfelder in 2007, due to the relative density content of the soils taken and the depth to groundwater (51.5 feet below ground surface), the project site has a low liquefaction potential. Similarly, the geotechnical report concluded that the project site has a minimal landslide potential since the topography of the project site contains generally flat land with some gentle slopes.
Construction of the current project would involve earth movement and the exposure of soil in order to develop the proposed general commercial land uses, which would temporarily increase erosion susceptibility; however, the State Water Resources Control Board (SWRCB) National Pollutant Discharge Elimination System (NPDES) Construction General Permit (Order No. 2022-0057-DWQ) contains water quality standards and stormwater discharge requirements that apply to construction projects of one acre or more. Since the project would involve the disturbance of approximately 28.95 acres, the project would be subject to the Construction General Permit, which includes the preparation of a Stormwater Pollution Prevention Plan (SWPPP) that identifies sources of pollution that may affect the quality of stormwater discharges and describes and ensures the implementation of best management practices (BMPs) to reduce pollutants, including silt and soil, in stormwater discharges. Along with following SWPPP BMPs, the proposed project would also be required to implement a dust control plan for construction activities in compliance with South Coast Air Quality Management District Rule 403, which requires implementation of best available dust control measures (BACM) during active operations capable of generating fugitive dust (SCAQMD 2005). Operation and maintenance of the proposed project would not require additional soil disturbance and would not result in erosion or loss of topsoil. After the proposed project is constructed, there would be a reduction in the area of exposed soil compared to existing conditions, thus limiting the potential for soil erosion to occur.
The soils on the project site were determined to have a low expansion potential, and therefore the current project is not anticipated to encounter expansive soils during project construction activities (2020 General Plan EIR, Section 5.6).
Like the 2007 Project EIR, the current project would not include the use of septic tanks or alternative wastewater disposal systems. The current project would connect to existing sewer facilities and existing treatment facilities.
Although the 2007 Project EIR concluded that paleontological resources were unlikely to occur on -site, the current project would still incorporate MM -4.3-3 to retain a qualified vertebrate paleontologist and prepare a program to mitigate potential impacts during excavation activities in case of inadvertent discovery. This mitigation measure would effectively minimize any potential for the current project construction activities involving earth disturbance to a less than significant level. 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. 44 City of Beaumont
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4.8 GREENHOUSE GAS EMISSIONS
Would the project
New
Significant
Impact
New Ability to No Substantial
More Severe Substantially Change from
Impacts Reduce Significant Previous
Impact Analysis
a. Generate greenhouse gas emissions, either
directly or indirectly, that may have a significant
impact on the environment?
b. Conflict with an applicable plan, policy or
regulation adopted for the purpose of reducing
the emissions of greenhouse gases?
The 2020 GPU EIR evaluated the project site for impacts to greenhouse gas. The 2007 EIR did not evaluate the project for greenhouse gas.
4.8.1 Applicable 2020 GPU EIR and 2007 Project EIR Mitigation Measures
2020 GPU EIR Mitigation Measures: The 2020 GPU EIR includes the following applicable mitigation measures for Greenhouse Gas Emissions.
► MM-GHG-1: In order to address effects of GHG emissions from future development, the City of Beaumont shall evaluate the feasibility of the potential GHG reduction strategies in Table 5.7-F and update the Sustainable Beaumont Plan or similar document every five years to ensure the City is monitoring the plan's progress toward achieving the City's greenhouse gas (GHG) reduction targets and to require amendment if the plan is not achieving the specified level. The updates shall identify targets for years 2030, 2040, and 2050 and subsequent applicable statewide legislative targets that may be in effect at the time of the update. 2007 Project EIR Mitigation Measures: The 2007 project EIR did not include mitigation measures for Greenhouse Gas Emissions.
Level of Significance with Mitigation Measures
2020 GPU EIR: Significant and Unavoidable Impacts.
4.8.2 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 reduce the potential for GHG-related impacts from development of individual projects by increasing energy and water efficiency, energy conservation, and use of renewable energy, promoting alternative forms of transportation and investing in infrastructure for public and active transportation, and reducing solid waste, thus reducing GHG emissions. However, MM-GHG-1 was implemented to implement feasible mitigation strategies and monitor progress towards achieving GHG reduction targets. It was concluded that although the Beaumont 2040 General Plan policies and implementation actions would reduce GHG emissions to the extent feasible, GHG calculations predict emissions in exceedance of the thresholds. Thus, this impact is considered significant and unavoidable.
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2007 PROJECT EIR
The 2007 Project EIR did not analyze impacts relating to greenhouse gas emissions. This is because in 2007 the Appendix G Checklist in the State CEQA Guidelines used to determine potential environmental impacts from proposed projects did not include a section analyzing greenhouse gases. The 2007 Project EIR discussed GHG in the context of global warming that neither CEQA nor the CEQA Guidelines mention or provide methodology for analysis of GHG, nor do they provide thresholds, and that evaluation of global warming effects from the project would be entirely speculative as no modeling protocol or significance criteria have been established. Therefore, an impact determination was not made.
4.8.3 Project Specific Analysis
The 2007 Project EIR did not make a significance determination. However, the current project would be approximately a 35 percent reduction in square footage compared to the 2007 project (i.e., the 2007 project proposed commercial uses on approximately 441,709 square feet/41.3 acres of land, whereas the current project proposes 279,941 square feet of commercial uses on approximately 28.95 acres of land, which represents a 37 percent reduction in square footage. Therefore, it can be assumed that the current project would have 35 percent fewer GHG emissions compared to the 2007 project. The 2020 GPU EIR concluded that implementation of the Beaumont 2040 Plan would lead to GHG emissions in exceedance of thresholds, which would lead to a significant and unavoidable impact. The project does not include buildout of the entire Beaumont 2040 Plan; however, the construction and operation of the current project is accounted for within the buildout emissions of the Beaumont 2040 Plan as an individual project. This is because the Beaumont 2040 Plan designated the project site as General Commercial, with an allowable FAR of up to 0.75. The current project would maintain its designation of General Commercial and involve the construction and operation of commercial retail and restaurant uses, with a FAR of 0.22, well within the allowable FAR designation on -site. Therefore, although the 2007 Project EIR did not make a significance determination, GHG emissions from the current project were accounted for in the analysis of the 2020 GPU EIR. In addition, there would be a 37 percent reduction in GHG emissions compared to the 2007 Project EIR.
Further, mitigation measure MM-GHG-1 described above would be implemented to the maximum extent feasible, further reducing GHG emissions from the current project. 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. 46 City of Beaumont
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4.9 HAZARDS AND HAZARDOUS MATERIALS
Would the project
New
Significant
Impact
NewAbilityto No Substantial
More Severe Substantially Change from
Impacts Reduce Significant Previous
Impact Analysis
a. Create a significant hazard to the public or the
environment through the routine transport, use,
or disposal of hazardous materials?
b. Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
c. Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one -quarter mile of an existing or
proposed school?
d. Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a
result, would it create a significant hazard to the
public or the environment?
e. For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two miles of a public airport or public use
airport, would the project result in a safety hazard
or excessive noise for people residing or working
in the project area?
f. Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?
Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or
death involving wildland fires?
g.
The 2020 GPU EIR and the 2007 project EIR evaluated the project site for impacts to Hazard and Hazardous Materials.
4.9.1 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 Hazards and Hazardous Materials.
2007 Project EIR Mitigation Measures: The 2007 project EIR did not include mitigation measures for Hazards and Hazardous Materials.
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4.9.2 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 increased transport, use, storage, and disposal of hazardous materials in the Planning Area, such as the development of light industrial uses, gas stations, automotive repair shops, and dry cleaners. The transport, use, storage, and disposal of hazardous materials are extensively regulated by federal, state and local policies discussed in Section 5.8.2 of the 2020 GPU EIR. It was determined that compliance with these safety regulations would ensure that projects developed and approved under the Beaumont 2040 Plan would have a less than significant impact on the environment. The 2020 GPU EIR concluded that development of the Planning Area under the Beaumont 2040 Plan would lead to an increase in the potential for release of hazardous materials into the environment, and that the public could also be exposed to hazardous materials if new development or redevelopment were to be located on a current or historic hazardous site. Similarly, the 2020 GPU EIR determined that with compliance with, and enforcement of, existing safety regulations would ensure that the general public and existing environment would not be exposed to substantial risks related to accidental upset or release of hazardous materials into the environment.
Future land uses developed under the Beaumont 2040 Plan could include commercial uses that emit or handle hazardous materials within 0.25 -miles of an existing or proposed school; however, the 2020 GPU EIR determined that compliance with state statutory and regulatory requirements addressing safety from hazards and adhering to the Beaumont 2040 Plan, which prohibits the siting of commercial and industrial facilities involved in the production, use, transport, or disposal of hazardous materials near existing sensitive land uses such as schools, would not result in a significant impact. Through compliance with Health and Safety Code and the Beaumont 2040 Plan, impacts regarding potential risk of exposure to hazardous materials and a consequence of development on a site on a Cortese list would be less than significant. No airports exist within the Planning Area, and as a result the 2020 GPU EIR concluded that an impact regarding exposure to excessive noise proximate to airports would have a less than significant impact.
Adherence to the Beaumont 2040 Plan goals and policies regarding emergency response and evacuation and individual project review would ensure that project developed under the Beaumont 2040 Plan would not conflict with an emergency response plan or evacuation plan. Similarly, the 2020 GPU EIR concluded that compliance with federal, state, and local regulations related to wildland fire hazards and implementation of the goals, policies, and objectives of the Beaumont 2040 Plan would have a less than significant impact on the potential to expose people or structures directly or indirectly to significant risk of loss, injury, or death involving wildland fires. 2007 PROJECT EIR
The 2007 Project EIR determined that the project would be required to comply with state law and City municipal code restrictions regarding hazards and hazardous materials. A Phase I Environmental Site Assessment (Phase I ESA) was completed to determine the project site's historical uses and the potential for on -site contamination. The results of the Phase I ESA found that the project site was not located on a hazardous materials site, and a database search which revealed no sites of concern listed at or adjacent to the project site. The Phase I ESA disclosed that the existence of past agricultural activities on -site and in adjacent areas indicated a potential for pesticide and/or heavy metal (associated with dusting powders) contamination, but without specific evidence of pesticides storage or past documentation of mismanagement on the project site, collection and analysis of soil samples was unwarranted. It was concluded that no significant hazard to the public or environment was expected to result from the construction and operation of the project, and as a result, implementation of the project would have a less than significant impact to hazards and hazardous materials.
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