Beaumont City Council
December 16, 2025

Division D: Administration and Procedures

17.D.08.050 Findings
A General Plan Amendment may be approved only after all of the following findings are made:

A. The proposed General Plan Amendment is internally consistent with all other provisions of the General Plan;
B. Approval of the proposed General Plan Amendment would not result in the General Plan being amended more frequently than four times per calendar year consistent with California Government Code §65358.

C. The proposed General Plan Amendment serves the public necessity, convenience, and general welfare;
D. The proposed General Plan Amendment is in compliance with CEQA requirements; E. When considering a reduction of residential density, the proposed General Plan Amendment is in compliance with California Government Code §65863 either based on a finding that the remaining sites identified in the Housing Element are adequate to accommodate the City's share of the regional housing need or based on identifying sufficient additional, adequate, and available sites with an equal or greater density so that there is no net loss in residential density; and F. The proposed General Plan Amendment would not result in a net loss of potential housing units.

17.D.08.060 Adoption of General Plan
A. A General Plan Amendment shall be adopted by resolution of the Council, in compliance with California Government Code §65453, only after all of the findings contained in Section

17.D.08.050 (Findings) are made. A General Plan Amendment shall be adopted by an affirmative vote of a majority of the total membership of the Council.

B. The Council's action to amend the General Plan shall become effective on the actual date the Council renders the decision.

Final Code I Beaumont Zoning Code Update I Page 17.D-39

Division D: Administration and Procedures
Chapter 17.D.10 Specific Plans
Sections:

17.D.10.010

17.D.10.020

17.D.10.030

17.D.10.040

17.D.10.050

17.D.10.060

17.D.10.070

17.D.10.010
Purpose 17.D-40
Applicability 17.D-40
Application Requirements 17.D-40
Procedures 17.D-41
Findings 17.D-41
Adoption of Specific Plan 17.D-42
Implementation and Amendments 17.D-42
Purpose
This Chapter establishes the procedures for the preparation, processing, and adoption of Specific Plans in accordance with California Government Code §65450 et seq.

17.D.10.020 Applicability
A. When Required. When required by the Council, the General Plan, or this Title to systematically implement the General Plan for any part of the city, a Specific Plan shall be prepared, processed, approved, and implemented in compliance with this Chapter.

B. Initiation. An application for a Specific Plan may be initiated in the same manner as a Zoning Amendment, see Section 17.D.06.020 (Applicability).

C. Effect of Specific Plan. The regulations provided by an adopted Specific Plan shall replace those of the current or underlying zone or zones, and the development standards and/or design standards or guidelines identified in the Specific Plan shall take precedence over the general standards included in this Title and any adopted design standards or guidelines.

17.D.10.030 Application Requirements
A. Filing. A Specific Plan application shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures) and this Chapter.

B. Required Information. An application for a Specific Plan shall be accompanied by the information and materials required in the City's application form. At a minimum, a Specific Plan application shall include:

1. Proposed Land Uses. The distribution, location, and extent of land uses proposed within the area covered by the Specific Plan, including open space areas;

2. Infrastructure. The proposed distribution, location, extent, and intensity of major components of public and private circulation/transportation, sewage, water, drainage, solid waste disposal, energy, utilities, and other essential facilities to be located within the Specific Plan area and needed to support the proposed land uses;

Division D: Administration and Procedures

3. Land Use and Development Standards. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable;

4. Implementation Measures. A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the proposed land uses, infrastructure, and development and conservation standards and criteria; and

5. Relationship to General Plan. A statement of the relationship of the Specific Plan to the General Plan.

17.D.10.040 Procedures
A. General. A Specific Plan application shall be processed in the same manner as required for General Plans by Government Code §65350 et seq., and in compliance with this Section:

B. Director Evaluation. After a proposed Specific Plan application has been filed with the Department, the Community Development Director shall review the Specific Plan to determine whether it conforms with the provisions of this Chapter in accordance with Subsection

17.D.02.040.D (Review of Planning Applications).

C. Public Hearings.

1. Planning Commission Hearing. The Planning Commission shall conduct a public hearing on the Specific Plan consistent with Subsection 17.D.02.040.G (Public Hearings) and shall forward a recommendation to the Council.

2. Council Hearing. Council shall conduct a public hearing on the Specific Plan consistent with Subsection 17.D.02.040.G (Public Hearings).

17.D.10.050 Findings
The Council may adopt a Specific Plan, with or without conditions, only after all of the following findings are made:

A. That the Specific Plan is consistent with the General Plan and other adopted goals and policies of the City;
B. The proposed Specific Plan is in compliance with CEQA requirements; C. When considering a reduction of residential density, ensure compliance with California Government Code §65863 by either finding that the remaining sites identified in the Housing Element are adequate to accommodate the City's share of the regional housing need or by identifying sufficient additional, adequate, and available sites with an equal or greater density so that there is no net loss in residential density; and
D. The proposed Specific Plan would not result in a net loss of potential housing units.

Final Code I Beaumont Zoning Code Update I Page 17.D-41

Division D: Administration and Procedures

17.D.10.060 Adoption of Specific Plan
A Specific Plan shall be adopted by resolution of the Council, in compliance with California Government Code §65453, only after all of the findings contained in Section 17.D.10.050 (Findings) are made. A Specific Plan shall be adopted by an affirmative vote of a majority of the total membership of the Council.

17.D.10.070 Implementation and Amendments
A. Development within a Specific Plan Area. After the adoption of a Specific Plan, subsequent projects to implement the Specific Plan may be approved or adopted within an area covered by the Specific Plan only if first found to be consistent with the Specific Plan, including public works projects or development approvals (e.g., Tentative Map, Conditional Use Permit, Plot Plan, etc.).

B. Specific Plan Fee. The Council may impose a Specific Plan fee surcharge on development permits within the Specific Plan area, in compliance with California Government Code §65456.

C. Amendments.

1. An adopted Specific Plan may be amended through the same procedure specified by this Chapter for the adoption of a Specific Plan.

2. An adopted Specific Plan may be amended as often as deemed necessary by the Council, in compliance with California Government Code §65453.

Division D: Administration and Procedures
Chapter 17.D.12 Development Agreements
Sections:

17.D.12.010 Purpose 17.D-43

17.D.12.020 Applicability 17.D-43

17.D.12.030 Application Requirements 17.D-43

17.D.12.040 Procedures 17.D-44

17.D.12.050 Findings 17.D-44

17.D.12.060 Execution and Recordation 17.D-45

17.D.12.070 Annual Review 17.D-45

17.D.12.080 Amendment or Termination of an Approved Development Agreement 17.D-46

17.D.12.090 Effect of Development Agreement 17.D-46

17.D.12.010 Purpose
This Chapter establishes procedures for the review of Development Agreements, in compliance with California Government Code §65864 et seq. A Development Agreement is a mutually agreed upon contract between an applicant and the City that provides benefit to both parties. Through a Development Agreement, the City can receive greater community benefits that it could otherwise achieve under this Title, the Beaumont Municipal Code, and state law.

17.D.12.020 Applicability
Only an applicant who has a legal or equitable interest in the real property which is the subject of the Development Agreement, as determined in the sole discretion of the Community Development Director, may file an application to enter into a Development Agreement with the City.

17.D.12.030 Application Requirements
A. Filing. A Development Agreement application shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures) and this Chapter.

B. Required Information.

1. All lawfully required documents, information, and materials shall accompany the application. The Community Development Director may require an applicant to submit additional information and supporting data as is necessary to evaluate and process the application.

2. An application for a Development Agreement shall be accompanied by maps, plans, reports, development and performance standards, schematic drawings, or other documents deemed necessary by the Community Development Director to sufficiently detail or illustrate intended or permitted uses and their location on the property, the density or intensity of use, and the maximum size and height of structures as appropriate Final Code I Beaumont Zoning Code Update I Page 17.D-43

Division D: Administration and Procedures
to evaluate the application request. This information may be included in a Specific Plan or other type of application.

C. Form of Agreement. Each application shall be accompanied by the form of Development Agreement proposed by the applicant. All documents required, including the agreement and any attachments and exhibits, shall be suitable for recordation as determined by the City.

17.D.12.040 Procedures
A. Director Evaluation. After a proposed Development Agreement has been filed with the Department, the Community Development Director shall review the Development Agreement to determine whether it conforms with the provisions of this Chapter.

B. Public Hearings.

1. Planning Commission Hearing. The Planning Commission shall conduct a public hearing on the Development Agreement consistent with Subsection 17.D.02.040.G (Public Hearings) and shall make a recommendation to the Council.

2. Council Hearing.
a. Council shall conduct a public hearing on the Development Agreement consistent with Subsection 17.D.02.040.G (Public Hearings).
b. If the Council approves a Development Agreement, the approval shall be implemented through the adoption of an ordinance containing the findings required by Section 17.D.12.050 (Findings).

17.D.12.050 Findings
The Council may approve a Development Agreement, with or without conditions, only after the following findings are made:

A. The Development Agreement is consistent with the goals, policies, general land uses, and programs specified in the General Plan;
B. The Development Agreement is consistent with any applicable Specific Plan; C. The Development Agreement and accompanying development maps, plans, and other supporting information are compatible with the uses authorized in, and the performance and development standards prescribed for, the zone in which the subject parcel or site is located; D. The Development Agreement is in conformity with and will promote public convenience, general welfare, and good land use and development practices;
E. The Development Agreement shall be shown to be of greater benefit to the community than development absent the Development Agreement;
F. The term or duration of the Development Agreement has a commensurate relationship to the benefit(s) provided;
G. The Development Agreement contains the mandatory provisions specified in California Government Code §65865.2 and any other terms required by Council; and

Division D: Administration and Procedures
H. The Development Agreement complies with all other applicable requirements of California Government Code §65864 et seq.

17.D.12.060 Execution and Recordation
No later than 10 days after the ordinance approving a Development Agreement takes effect, the Mayor shall execute the Development Agreement, and the City Clerk shall record the Development Agreement with the County Recorder in compliance with California Government Code §65868.5

17.D.12.070 Annual Review
A. Requirement for Annual Review. Every Development Agreement approved and executed in compliance with this Chapter shall be subject to periodic review every 12 months or less by the City during the full term of the agreement. The burden of proof shall be on the applicant, contracting party, or successor in interest to demonstrate compliance in good faith to the terms and conditions of the agreement to the full satisfaction of, and in a manner prescribed by, the City.

B. Initiation of Review. The applicant, contracting party, or successor in interest shall initiate annual review by submitting a written statement to the Community Development Director describing their good faith substantial compliance with the terms and conditions of the agreement for the prior year.

C. Fees. Appropriate fees to cover the City's cost to conduct the annual reviews shall be collected from the applicant, contracting party, or successor in interest prior to completion of each annual review. These fees may be established in the Development Agreement or by resolution of the Council.

D. Determination upon Review. The Community Development Director shall review the materials furnished by the applicant, contracting party, or successor in interest to determine upon the basis of substantial evidence whether or not the applicant has, for the period under review, complied in good faith with the terms and conditions of the Development Agreement.

1. Finding of Compliance. If the Community Development Director, based on substantial evidence, determines that the applicant is in compliance with the provisions of the Development Agreement, the Community Development Director shall deliver a report of the determination to the Council and then no further action is required.

2. Finding of Noncompliance. If the Community Development Director finds the applicant has not complied with the provisions of the Development Agreement, the Community Development Director shall issue a finding of noncompliance. The Community Development Director shall specify in writing to the applicant the respects in which the applicant has failed to comply with the Development Agreement and shall set forth terms of compliance and specify a reasonable time for the applicant to meet the terms of compliance. If the applicant does not comply with any terms of compliance within the prescribed time limits, the Development Agreement shall be subject to termination or modification in accordance with this Chapter.

3. Appeal of Determination. Within 10 days after issuance of a finding of noncompliance, any interested person may file a written appeal of the finding with the Council as Final Code I Beaumont Zoning Code Update I Page 17.D-45

Division D: Administration and Procedures
described in Subsection 17.D.02.040.O (Appeals). The appellant shall specify the reasons for the appeal. The issuance of a finding of compliance or finding of noncompliance by the Community Development Director and the expiration of the appeal period without appeal, or the confirmation by the Council of the issuance of the finding on the appeal, shall conclude the review for the applicable period. The determination shall be final.

17.D.12.080 Amendment or Termination of an Approved Development Agreement
A. A Development Agreement may be amended or canceled, in whole or in part, by mutual consent of the parties to the agreement or their successors in interest in compliance with California Government Code §65868. The City shall have notice of the amendment, modification or termination recorded with the County Recorder's office.

B. If, upon a finding under Subsection 17.D.12.070.D.2 (Finding of Noncompliance), the City determines to proceed with modification or termination of a Development Agreement, the City shall give notice to the applicant of its intention to do so. The procedure for modifying or terminating a Development Agreement is the same as the procedure for entering into a Development Agreement as specified in this Chapter. If the City modifies or terminates a Development Agreement in compliance with this Chapter, the City shall have notice of the noncompliance recorded with the County Recorder's office.

17.D.12.090 Effect of Development Agreement
A. Unless otherwise provided by the Development Agreement, the rules, regulations, and official policies governing permitted uses of the land, density, design, improvement, and construction standards and specifications, applicable to development of the property subject to a Development Agreement, are the rules, regulations, and official policies in force at the time of execution of the Development Agreement.

B. Unless specifically provided in the Development Agreement, the Development Agreement does not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property under the Development Agreement, nor does a Development Agreement prevent the City from conditionally approving or denying any subsequent development project application on the basis of existing or new rules, regulations, and policies.

Division D: Administration and Procedures
Chapter 17.D.14 Enforcement
Sections:

17.D.14.010 Purpose 17.D-47

17.D.14.020 Responsibility for Enforcement 17.D-47

17.D.14.030 Zoning Violations 17.D-47

17.D.14.040 Remedies Cumulative 17.D-47

17.D.14.010 Purpose
This Chapter supplements existing code enforcement regulations in Beaumont Municipal Code Chapter

1.17 (Administrative Code Enforcement) and Chapter 8.32 (Nuisances).

17.D.14.020 Responsibility for Enforcement
This Section describes responsibilities for enforcement of Title 17.

A. Special Prosecutor Responsibilities. The Special Prosecutor, upon the request of the Council, shall institute any necessary legal proceedings to enforce this Title 17. The Special Prosecutor shall be authorized, in addition to any other remedy provided in the Beaumont Municipal Code to institute an action for an injunction to restrain or any other appropriate action or proceedings for enforcement.

B. Responsibility for Enforcement. The Planning Commission, the Community Development Director, the City Attorney, the City Clerk, Code Enhancement officers, and all officials charged with the issuance of licenses or permits in compliance with Title 17 shall enforce the provisions of this Title. Any permit, certificate, or license issued in conflict with the provisions of this Title shall be void.

17.D.14.030 Zoning Violations
See Beaumont Municipal Code Section 8.32.070 (Zoning Ordinance Violations).

17.D.14.040 Remedies Cumulative
All remedies concerning this Zoning Code shall be cumulative and not exclusive. Conviction and punishment of any person hereunder shall not relieve such persons from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures, or improvements, and shall not prevent the enforced correction or removal thereof.

Final Code I Beaumont Zoning Code Update I Page 17.D-47

City of Beaumont
Division E: Definitions
Final Code
Lisa Wise Consulting, Inc.

Division E: Definitions
Division E: Table of Contents
Chapter 17.E.02
Chapter 17.E.04

17.E.04.010

17.E.04.020

17.E.04.030

17.E.04.040

17.E.04.050

17.E.04.060

17.E.04.070

17.E.04.080
Chapter 17.E.06
Definitions of Terms 17.E-1
Definitions of Uses 17.E-15
Residential Uses 17.E-15
Commercial Uses 17.E-17
Alcohol -Serving and Restaurant Uses 17.E-21
Vehicle -Related Uses 17.E-21
Manufacturing and Industrial Uses 17.E-23
Agricultural Uses 17.E-24
Public, Institutional, and Utility Uses 17.E-25
Other Uses 17.E-26
Definitions of Sign Terms 17.E-27
Final Code I Beaumont Zoning Code Update I Page 17.E-i

Division E: Definitions
Chapter 17.E.02 Definitions of Terms
This Chapter provides definitions for terms that are commonly used throughout this Title.

Abut or Abutting. See "adjoining".

Access. The place, or way, by which pedestrians and vehicles are provided adequate and usable ingress and egress to a property or use as required by this Zoning Code.

Accessory Building. An attached or detached subordinate building, the use of which is incidental to that of the primary building or to the principal use of the land, and which is located on the same lot or parcel of land with the main building or principal use of the land.

Accessory Structure. An attached or detached structure that is accessory and incidental to a primary structure located on the same lot.

Accessory Use. A use incidental to, related, and clearly subordinate to the principal use established on the same lot.

Adjacent. Two or more lots or parcels of land separated by an alley, street, highway, or recorded easement, or two or more objects located near each other.

Adjoining. Two or more lots or parcels of land sharing a common boundary line, or two or more objects in physical contact with each other.

Adult -Oriented Business Terms.

For additional adult -oriented business definitions, see Beaumont Municipal Code Section 5.60.020 (Definitions).

Public Park. A park, playground, swimming pool, reservoir, golf course, or athletic field within the City of Beaumont which is under the control, operation or management of the City of Beaumont, the County of Riverside, the Beaumont -Cherry Valley Park and Recreation District, or the State of California.

Religious Institution. A building which is used primarily for religious worship and related religious activities.

School. An institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary, junior high school, middle school, senior high school or any special institution of learning under the jurisdiction of the State Department of Education, but it does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college or university.

Sexual Encounter Establishment. An establishment, other than hotel, motel, or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons can congregate, associate of consort in connection with specified sexual activities of the exposure of specified anatomical areas as defined in Beaumont Municipal Code Section 5.60.020 (Definitions). This definition does not include an establishment where medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State of California engages in sexual therapy.

Final Code I Beaumont Zoning Code Update I Page 17.E-1

Division E: Definitions
Alley. A public or private right-of-way, other than a street or highway, permanently reserved as a secondary means of vehicular access to adjoining properties.

Amendment. A change in the wording, context, content, or substance of this Zoning Code or in the Zoning Map.

Assessor. The Assessor of the County of Riverside.

Awning. A roof or cover that projects from the wall of a building over a door or window, and made of canvas, aluminum, or a similar material, which may be fixed in place or retractable for the purpose of shielding a doorway or window from the elements.

Balcony. A platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail, balustrade, or parapet on at least one side.

Balcony, Unenclosed. A balcony open to the sky and not fully enclosed on more than two sides.

Basement. The portion of a building located underneath the first floor of a structure.

Building. Any structure having a roof supported by columns or by walls and intended for the shelter, housing, or enclosure of people, animals, or property of any kind.

Building, Height. The vertical distance as measured continuously along a line at existing grade bisecting the width of the lot to the highest point of a building or structure, except as provided elsewhere in this Zoning Code.

Building, Main. A building in which a principal use is conducted. In a residential or agricultural zone, any residential unit shall be deemed the main building on the lot.

Building Site. The ground area of one or the ground area of two or more lots when used in combination of a building or group of buildings together with all open spaces as required by this Code.

Building Wall. The vertical surface that defines the exterior boundaries of a building.

Canopy. See "awning," except that a canopy contains separate supporting posts and is not supported entirely from the exterior wall of a building. A fixed overhead shelter used as may or may not be attached to a building.

Carport. A permanently roofed structure with no more than two enclosed sides, used or intended to be used for automobile shelter and storage.

Cell. See "Energy Storage System Terms" below.

Cellar. See "basement".

Centerline. The centerline of any street, as established by the City Engineer by official surveys, and on file in the Office of the City Engineer.

City. Refers to the City of Beaumont.

Commercial Vehicle. A vehicle which, when operated on a street, is required to be registered as a commercial vehicle under the California State Vehicle Code, and which is used or maintained for the transportation of persons for hire, compensation, or profit, or which is designed, used, or maintained primarily for the transportation of property.

Commissioning. See "energy storage system terms".

Community Development Department. The City of Beaumont Community Development Department.

Division E: Definitions
Community Development Director. Refers to the Community Development Director or his or her designee.

Conversion (Condominium). A change in the type of ownership of a parcel or parcels of land, together with the existing structures, from rental housing to a condominium, community apartment, planned development, stock cooperative, or common interest development.

County. Refers to the County of Riverside.

Courtyard. An open, unoccupied space bounded on two or more sides by the walls of a building.

Coverage. The percentage of total site area covered by structures, open or enclosed. See Section

17.A.06.090 (Determining Lot Coverage).

Deck. A platform other than a balcony, either freestanding or attached to a building, without a roof, that is supported by pillars, posts, or walls.

Decommissioning Plan. See "Energy Storage System Terms" below.

Decorative Masonry Block. Neutral colored slump stone block, split -face block, or precision block with a stucco, plaster, or cultured stone finish.

Decorative Concrete Tilt -Up Wall. A wall made of concrete with a combination of paint and raised patterns, reveals, and/or trim lines.

Density Bonus Housing Agreement. A legally binding agreement between a developer of a housing development and the City containing such terms and conditions as determined by the City Attorney.

Driveway. An appropriately paved and privately -owned surface or road that provides access to off- street parking or loading facilities and is consistent with Public Works standards.

Efficiency Kitchen. A kitchen that includes the following:

1. A cooking facility with appliances that can run on standard 120 volt outlets or natural or propane gas;

2. A food preparation counter;

3. Storage cabinets that comply with minimum building code standards; and May include a single basin sink with a maximum waste line diameter of 1.5 inches.

Energy Storage System Terms.

Battery. A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. Batteries utilized in consumer products are.

Battery Energy Storage Management System. An electronic system that protects storage batteries from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected. The system generates an alarm and trouble signal for abnormal conditions.

Battery Energy Storage System. A system consisting of electrochemical storage batteries, battery chargers, controls, power conditioning systems, and associated electrical equipment, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12 -volt car battery or an electric motor vehicle.

Final Code I Beaumont Zoning Code Update I Page 17.E-3

Division E: Definitions
Cell. The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy.

Commissioning. A systematic process that provides documented confirmation that a battery energy storage system functions according to the intended design criteria and complies with applicable code requirements.

Decommissioning Plan. A plan to retire the physical facilities of the project, including decontamination, dismantlement, rehabilitation, landscaping, and monitoring. The plan contains detailed information on the proposed decommissioning and covers the schedule, type, and sequence of decommissioning activities; waste management, storage and disposal of the waste from decommissioning; the timeframe for decommissioning and site rehabilitation.

Energy Storage System. A system which stores energy and releases it in the same form as was input.

Renewable Energy. Energy sources that constantly renew themselves or are regarded as practically inexhaustible. Renewable energy includes energy derived from solar, wind, geothermal, hydroelectric, wood, biomass, tidal power, sea currents, and ocean thermal gradients.

Fagade, Building. The exterior wall of a building that is located above ground.

Family. One or more people living together as a single housekeeping unit in a dwelling unit. A family includes the residents of community care facilities and group homes for people with disabilities. A family does not include larger institutional group living situations such as dormitories, fraternities, sororities, monasteries, or nunneries.

Floor Area, Gross. The total horizontal area of all the floors of a building included within the surrounding walls, excluding vent shafts and courts.

Floor Area, Net. The total usable floor area within all floors of a building included within the surrounding walls.

Floor Area Ratio. The numerical value obtained through dividing the gross floor area of a building or buildings by the total area of the lot or parcel of land on which the building or buildings are located.

Frontage. The frontline of a site, separating the site from the street.

General Plan. The General Plan of the City of Beaumont, consisting of the General Plan and Map, adopted by the City Council.

Grade, Existing. The surface of the ground or pavement at a specific location as it existed prior to disturbance in preparation for a construction project.

Grade, Finished. The finished surface elevation of the ground or pavement at a specific location after the completion of a construction project.

Grade, Ground Level. The average level of the finished ground surface surrounding a building, measured at the center of all walls of the building.

Gradient. The rate of vertical change of a ground surface expressed in a percentage and determined by dividing the vertical distance by the horizontal distance.

Guest Room. A room designed for or occupied as sleeping quarters by one or two persons, providing lodging for compensation.

Division E: Definitions
Hazardous Waste. Any waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may:

1. Exhibit toxicity, corrosivity, flammability, and/or reactivity;

2. Cause, or significantly contribute to, an increase in serious irreversible, or incapacitating reversible, illness; or

3. Present a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Height. See "building height."
Home Occupation. A commercial use conducted on residential property by the inhabitants of the subject residence, which is incidental and secondary to the residential use of the dwelling.

Household. A single individual or group of individuals, unrelated or related by blood or marriage, residing in a dwelling unit.

Household Pet. A domesticated animal commonly maintained within a residence.

Kitchen. A room in a building or dwelling unit that is used in the cooking or preparation of food.

Landscaping. The planting and maintenance of live trees, shrubs, ground cover, and lawn areas, including the installation of irrigation systems required by the provisions of this Zoning Code. "Landscaping" may include inorganic decorative materials of natural or manufactured origin if used to accent or complement the natural vegetation. Inorganic decorative materials used in landscaping may include rock, stone, wood, waterfall, fountains, pools, sculptures, benches, and architectural screens, walls, and fences.

Loading Space. An off-street space or berth on the same lot as a building, or contiguous to a group of buildings, designated for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials, and which abuts upon a street or other appropriate means of access.

Lot. A parcel, tract, or area of land established by plat, subdivision, or as otherwise allowed by law, to be used, developed or built upon.

Corner Lot. A lot situated at the intersection of two or more streets having an angle of intersection of not more than 135 degrees.

Flag Lot. A lot having frontage upon, or access via an easement to, a public or private street by a narrow, private right-of-way.

Interior Lot. A lot other than a corner lot, flag lot, or through lot.

Irregular Lot. A lot which is shaped in a way that does not match the regular pattern of the lots on a block.

Key Lot. A lot with a side lot line that abuts the rear lot line of any one or more adjoining lots.

Reversed Corner Lot. A corner lot where the street side lot line of the lot is substantially a continuation of the front lot line of the lot to its rear.

Through Lot. A lot having frontage on two parallel or approximately parallel streets.

Final Code I Beaumont Zoning Code Update I Page 17.E-5

Division E: Definitions
FIGURE 17.E.02-1: LOT TYPES
—_ STREET �'•\
, + i + \�'\
i Corner I Interior' Interior; ' \
I Lot i Lot I Lot + \
H ; — I Through I Corner - •
�\
mrr ' -r--- --- i -1 Lot ; Lot / \.,\\\
I.—
I I ; / i Reversed ) ',
I
i Lot ,
Corner : Lot , Interior : Lot n Interior I r / Corner Lot is �,1—__ STREET 'Irr
—1------r—�---� LoteguIar i,,"Flag
Reversed ; Key ' Irregular '1,_ �,�\� Lot �
zi Corner Lot I Lot I Lot '\ l
7-, i + , , ll rregular ,
'------+------- -- / Lot /
II
+ I
Lot Dimensions. The linear measurements of a parcel of land.

Lot Area. The total horizontal area within the lot lines of a lot.

Lot Area, Gross. The total area included within the lot lines of a lot, including street rights -of -way and easements that are required to be dedicated with the project and are within the lot boundaries.

Lot Depth. The horizontal distance between the front and rear lot lines, see Section 17.A.06.030 (Measuring Lot Width and Depth).

Lot Width. The horizontal distance between the side lot lines, see Section 17.A.06.030 (Measuring Lot Width and Depth).

Net Area. The gross lot area, excluding dedications and easements that are not for the exclusive use of the lot on which the dedication or easement is located.

Lot Lines. The boundary between a lot and other property or the public right-of-way.

Front Lot Line. On an interior lot, the line separating the lot from the street. On a corner lot, the shorter lot line abutting a street. On a through lot, the lot line abutting the street providing the primary access to the lot. On a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained.

Interior Lot Line. Any lot line that is not adjacent to a street.

Rear Lot Line. The lot line that is opposite and most distant from the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for establishing the minimum rear setback.

Division E: Definitions
FIGURE 17.E.02-2: REAR LOT LINES, IRREGULAR LOTS
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Side Lot Line. Any lot line that is not a front or rear lot line.

Street Side Lot Line. A side lot line of a corner lot that is adjacent to a street.

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Assumed Primary Entry
Low Barrier Navigation Center. Consistent with California Government Code §65660, Housing First, low -barrier, service -enriched shelters focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

No Net Loss Program Density Bonus Units. Residential units granted in accordance with Chapter

17.C.14 (No Net Loss Program), that exceed the maximum residential density for the development site and that are available in the No Net Loss Program Unit Bank.

No Net Loss Program Unit Bank. The number of units available to the No Net Loss Program as a result of a change of zone from a residential use to a less intensive residential use or a nonresidential use.

Final Code I Beaumont Zoning Code Update I Page 17.E-7

Division E: Definitions
Nonconforming Building. A building or structure, or portion of a building or structure, lawfully existing and built in compliance with all City land use and zoning laws in effect at the time, and which does not comply with current standards in this Title, including but not limited to height, setbacks, floor area ratio, or maximum lot coverage.

Nonconforming Lot. A lot that was lawfully established in compliance with all applicable codes and laws at the time it was created but which, due to the application of this Title, does not comply with lot standards including area, width, and depth.

Nonconforming Use. Any use of land or property that was lawfully established pursuant to all applicable codes and laws at the time the use commenced, but which, due to the application of this Title or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the use is located.

Parcel. See "lot".

Parolee/Probationer. An individual as follows:
• Convicted of a federal crime, sentenced to a United States federal prison, and received conditional and revocable release in the community under the supervision of a federal probation/parole officer; or
• Who is serving a period of supervised community custody as defined by California State Penal Code §3000, following a term of imprisonment in a State prison or County jail, and is under the jurisdiction of the California Department of Corrections, Division of Adult Parole Operations; or
• An adult or juvenile individual sentenced to a term in the California Youth Authority and received conditional and revocable release in the community under the supervision of a Youth Authority parole officer; or
• An adult or juvenile offender released from county jail or state prison after October 1, 2011, on Post Release Community Supervision.

Porch. A permanent projection attached to an entrance of a building, which has a roof but is not fully enclosed.

Pre -Existing. In existence prior to the effective date of this Title.

Public Transit. A location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

Recharging Stations. An area where equipment is provided to recharge an electric vehicle.

Recyclable Material. A reusable material, including, but not limited to, metals, glass, plastic, and paper, and which is intended for reuse, re -manufacture, or reconstitution for the purpose of using the altered form. "Recyclable material" shall not include refuse or hazardous materials. "Recyclable material" may include used motor oil collected and transported in accordance with California Health and Safety Code §25250.11 and 25143.2(b)(4).

Rental Units. A housing unit leased for the occupancy of a residential household.

Residence. One or more rooms designed, used, or intended to be used as permanent living quarters for a household, and not as temporary or overnight accommodations.

Division E: Definitions
Room. An unsubdivided portion of the interior of a dwelling, excluding bathrooms, kitchens, closets, hallways, and service porches.

Setback. The distance between a property line and a building or structure that must be kept clear or open, except for the encroachments specifically permitted by this Title. See also Section 17.A.06.050 (Measuring Setbacks).

Front Setback. The area extending the full width of the lot as measured from, and perpendicular to, a front lot line.

Interior Side Setback. The area extending from a front setback line to a rear setback line as measured from, and perpendicular to, an interior lot line.

Street Side Setback. The area extending from a front setback line to a rear setback line as measured from, and perpendicular to, a street side lot line.

Rear Setback. The area extending the full width of the lot as measured from, and perpendicular to, a rear lot line. Also see "lot lines" (rear lot line).

Solid Fill. Any noncombustible materials insoluble in water, such as soil, rock, sand, or gravel, that can be used for grading land or filling depressions.

Storage Container. A storage container is a large, reusable box used to transport goods by land, sea, or air, as well as to store goods. "Storage container" includes shipping containers, cargo containers, and other portable shipping containers such as PODs®.

Story. "Story" as defined in the currently adopted and effective California Building Code of the City.

Street. A public thoroughfare or right-of-way acquired for use as such, or an approved private thoroughfare or right-of-way, other than an alley, which affords the principal means of access to abutting property. "Street" includes all major and secondary highways, traffic collector streets, and local streets.

Street, Centerline. See "centerline."
Street Line. The boundary line between the street right-of-way and abutting property.

Structural Alteration. Any change in the supporting members of a building, such as bearing walls, columns, beams, girders, floor joists, ceiling joints, or roof rafters.

Structure. Any physical improvement constructed or erected, including an edifice or building of any kind, or any piece of work artificially constructed or composed of parts joined together in some definite manner, and which structure requires location on or in the ground or is attached to another improvement or in the ground, including fences, walls, swimming and wading pools, and patios.

Swimming Pool. Any structure intended for swimming, diving, or recreational bathing that contains water over 24 inches deep, including hot tubs and spas.

Tandem Parking. Two or more automobiles parked on a driveway or in any other location on a lot, lined up behind one another.

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Division E: Definitions
Target Population. Consistent with California Health and Safety Code §50675.14, persons, including persons with disabilities, and families who are "homeless." as that term is defined by Section 11302 of Title 42 of the United States Code, or who are "homeless youth," as that term is defined by California Government Code §12957(e)(2). Individuals and families currently residing in supportive housing meet the definition of "target population" if the individual or family was "homeless," as that term is defined by Section 11302 of Title 42 of the United States Code, when approved for tenancy in the supportive housing project in which they currently reside.

Target Unit. A dwelling unit within a housing development, reserved for sale or rent to, and affordable to, lower- or moderate -income households.

Tire. A rubber covering, typically inflated or surrounding an inflated inner tube, placed around a wheel to form a flexible contact with the road. May include new or used tires.

Use. The purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied, utilized, or maintained.

Usable Open Space. Any outdoor open space consistent with Section 17.C.02.090 (Open Space, Usable), and which is not used as storage or for movement of motor vehicles.

Water Efficient Landscape Terms.

Backfilling. To refill an excavation, usually with excavated material.

Backflow Prevention Device. A safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

Check Valve or Anti -Drain Valve. A valve located under a sprinkler head or other location in the irrigation system to hold water in the system to prevent drainage from the sprinkler heads or other irrigation device when the system is off.

Distribution Uniformity (DU). The measure of the uniformity of irrigation water distributed over an area, typically expressed in a percentage and converted to decimal form for water use calculations.

Emitter Tubing or Sub -Surface Emitter Dripline. The application of irrigation water with a matched precipitation rate at low pressure through a system of tubing or lateral lines containing factory installed low volume drip emitters equally spaced to apply small volumes of water when installed per manufactures recommendations at or near the root zone of plants. The DU of this type of irrigation generally does not exceed 80 percent when plant spacing is random as each emitter is not dedicated to an individual plant but installed in a grid fashion. The DU of this type of irrigation generally does not exceed 85 percent when plant spacing is densely grouped in a triangular or rectangular spacing as each emitter is not dedicated to an individual plant but installed in a grid fashion.

Established Landscape. The point at which plants in the landscape have developed a significant root growth into the site. Typically, most plants are established after one or two years of growth.

Estimated Annual Water Use (EAWU). Estimated total water use per year as calculated by the formula contained in Subsection 17.C.04.060.C.5.b.xiii.b.

Functional Turf. The turf areas to be publicly and privately accessible and dedicated as active play and recreation areas such as parks, sports fields, and golf courses; where turf provides a playing field or where turf is needed for high foot traffic activities.

Division E: Definitions
Hydrozone. A portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non -irrigated.

Invasive Species. Non -indigenous species (e.g., non-native plants or animals) that adversely affect the habitats they invade economically, environmentally, or ecologically. Lists of invasive species are included within the Western Riverside County Multiple Species Habitat Conservation Plan and the Coachella Valley Multiple Species Habitat Conservation Plan. The lists are hereby incorporated by reference.

Landscape Architect. means a person who holds a license or is registered to practice landscape architecture in the State of California.

Landscaped Area (LA). All of the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance (MAWA) calculation. The landscape area does not include footprints of buildings, structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or impervious hardscapes, and other non -irrigated areas designated for non -development (e.g., open space and existing native vegetation).

Local Water Purveyor. Any entity, including a public agency or private water company that provides retail water service to customers in the unincorporated area of Riverside County.

Maximum Applied Water Allowance (MAWA). The upper limit of annual applied water allowed for the established landscaped area as calculated by the formula contained in Subsection

17.C.04.060.C.5.b.xiii.a.

Mulch. A layer of material applied to the surface of an area of soil on the ground to prevent excessive evaporation or erosion, to enrich the soil, inhibit/discourage weed growth, increase the rate of saturation, and reduce fluctuation in soil temperature. Mulch may be organic (such as bark mulch, wood chips) or inert (decomposed granite, gravel).

Overhead Sprinkler Irrigation Systems. Systems that deliver water through the air (e.g., impulse sprinklers, spray heads and rotors, etc.).

Point Source Drip or Point to Point Drip. The application type of irrigation water with a matched precipitation rate at low pressure through a system of tubing or lateral lines with a dedicated field -installed low volume emitter or emitters at each specific plant. The DU of this type of irrigation generally does not exceed 90 percent.

Potable Water. Water that must meet Federal and State safe drinking water standards and is safe for human consumption and contact.

Reference Evapotranspiration (Eto). A standard measurement of environmental parameters which affect the water use of plants. ETo is given in inches per day, month, or year. Reference evapotranspiration is used as the basis of determining the maximum applied water allowances so that regional differences in climate can be accommodated. Reference evapotranspiration numbers shall be taken from the most current Evapotranspiration Zones Map developed by the California Department of Water Resources. For geographic areas not covered by the evapotranspiration zones map, data from nearby areas shall be used.

Rehabilitated Landscapes. Any re -landscaping of a project that requires a discretionary permit.

Special Landscape Area. An area of the landscape dedicated to edible plants, and areas dedicated to active play such as parks, sports fields, golf courses, where turf provides a playing field or where Final Code I Beaumont Zoning Code Update I Page 17.E-11

Division E: Definitions
turf is needed for high traffic activities. Cemeteries shall also be considered as special landscape areas. These areas shall be allowed 1.0 ETo.

Temporarily Irrigated. Irrigation for the purposes of establishing plants, or irrigation which will not continue after plant establishment. Temporary irrigation is for a period of six months or less.

Turf, Turfgrass, or Lawn. Species of warm or cool season grasses that form a dense thick mat of roots. Mowing creates a dense even surface and increases the need for water regardless of season. Turf or turfgrass or lawn does not include artificial turf.

Water -Intensive Landscaping. A landscape with a WUCOLS IV plant factor of 0.61 or greater and categorized as high or between high and moderate.

WUCOLS. The publication entitled "Water Use Classification of Landscape Species IV" by the California Department of Water Resources (DWR) Water Use Efficiency Program, California Center for Urban Horticulture (CCUH), University of California Davis, and University of California Cooperative Extension (2014 or most current WUCOLS version).

Wireless Telecommunications Terms.

Antenna. Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is operated or operating from a fixed location.

Base Station. A structure or equipment at a fixed location that enables FCC -licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this subpart or any equipment associated with a tower. • The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. • The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber- optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small -cell networks).
• The term includes any structure other than a tower that, at the time the relevant application is filed with the state or local government, supports or houses equipment described above that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing the support. • The term does not include any structure that, at the time the relevant application is filed with the state or local government, does not support or house equipment described in above.

Collocation. Mounting or installing a wireless telecommunication facility on a pre-existing structure; and/or modifying a structure for the purpose of mounting or installing a wireless telecommunications facility on that structure. For the purposes of eligible facilities requests, collocation means the mounting or installation of transmission equipment on an existing tower or base station.

Commercial Wireless Communication Facility. A wireless communication facility operated by a for- profit business or for-profit purposes.

Division E: Definitions
Eligible Facilities Request. Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:
• Collocation of new transmission equipment;
• Removal of transmission equipment; or
• Replacement of transmission equipment.

Fixed Wireless Signal. Any commercial non -broadcast communications signals transmitted via wireless technology to and/or from a fixed customer location. Fixed wireless signals do not include, among other things, AM radio, FM radio, amateur ("HAM") radio, CB radio, and Digital Audio Radio Service (DARS) signals.

Hub or Relay Antenna. Any antenna that is used to receive or transmit fixed wireless signals for the distribution of fixed wireless services to multiple customer locations as long as the antenna serves a customer on whose premises it is located but excludes any hub or relay antenna that is used to provide any telecommunications services or services that are provided on a commingled basis with telecommunications services.

Lattice Tower. A type of tower; a three- or more -legged structure designed and erected on the ground to support wireless telecommunication antennas and connecting appurtenances.

Monopole. A type of tower; a structure of single pole (non -lattice) design and erected on the ground to support wireless telecommunications antennas and connecting appurtenances.

Noncommercial Wireless Communication Facility. A wireless communication facility operated by a government agency, a nonprofit organization, a for-profit business for nonprofit purposes or a private citizen for personal use. This use includes all amateur radio facilities.

Satellite Dish or Non -Satellite Dish. A sub -type of antenna incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia shaped, and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, Television Receive Only (TVROs), and satellite microwave antennas.

Small Wireless Facilities. Facilities that meet each of the following conditions:
• The facilities:
- Are mounted on structures 50 feet or less in height including their antennas as defined in this Section;
- Are mounted on structures no more than 10 percent taller than other adjacent structures; or
- Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; • Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna), is no more than three cubic feet in volume; • All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; • The facilities do not require antenna structure registration under 47 CFR section 17.4; • The facilities are not located on Tribal lands, as defined under 36 CFR section 800.16(x); and
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Division E: Definitions
• The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR section 1.1307(b).

Stealth Design. Improvements or treatments added to a wireless telecommunication facility which are intended to make the facility look like something other than a wireless tower or base station or to mask or blend the proposed facility into the existing structure or visual backdrop, in such a manner as to render it minimally visible to the casual observer.

Stealth Wireless Communications Facility. Any antenna that is designed to be architecturally integrated into a building and is architecturally consistent with the building design. Examples include a steeple, cupola or tower element on a building and do not include flag poles, monopoles or other structures designed to house antenna and resemble natural features.

Telecommunication Facility, Major. A communication facility that, due to size, scale, location, or other characteristics, is likely to have some detectable impact on adjacent uses or on the environment, including aesthetic or visual impacts, or that may have a cumulative impact citywide or on the regional environment due to the number of sites included or in combination with other projects. This definition includes freestanding antenna structures, including monopoles and towers, or the placement of a network of wireless communication facilities throughout an area onto existing structures, or other facilities which, as determined by the Community Development Director, warrant this classification.

Telecommunication Facility, Minor. A communication facility which, by its size, scale, location, design, or combination of such measures, allows the facility to be aesthetically integrated into the surrounding environment so as not to be readily seen or recognized as a communication facility and is not likely to have some detectable impact on adjacent uses or on the environment.

Tower. Any structure built for the sole or primary purpose of supporting any FCC -licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

Yard. See "setback".

Zone. A specifically delineated area in the city within which regulations and requirements in this Title uniformly govern the use, placement, spacing, and size of land and buildings.

Zoning Map. The Official Zoning Map delineating the boundaries of zones within the City of Beaumont.

Division E: Definitions
Chapter 17.E.04 Definitions of Uses
This Chapter provides definitions for all uses established in the use tables in Division 17.B (Zone Regulations).

17.E.04.010 Residential Uses
Accessory Dwelling Unit. As defined by California Government Code §66313, an ADU is an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An ADU also includes an efficiency unit as defined in California Health and Safety Code §17958.1 and a manufactured home as defined by California Health and Safety Code §18007.

Junior Accessory Dwelling Unit (JADU). As defined by California Government Code §66313, a JADU is a residential unit that is consistent with the following:

1. Is no more than 500 square feet in size;

2. Is contained entirely within an existing or proposed single-family structure, including attached garages;

3. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed primary dwelling; and

4. Includes an efficiency kitchen.

Boarding or Rooming House. A residence or dwelling, other than a hotel or motel, where three or more rooms are rented under three or more separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the residence.

Caretaker's Unit. A dwelling unit occupied by employees or caretakers of the primary use on the site.

Community Care Facility.

Small. Consistent with Health and Safety Code §1502, a facility that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for six or fewer children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children Living accommodations are group homes or shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not -for-profit institutions.

Large. Consistent with Health and Safety Code §1502, a facility that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for seven or more children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children. Living accommodations are group homes or shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not -for-profit institutions.

Duplex. A structure consisting of two attached dwelling units.

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Division E: Definitions
Elderly and Long -Term Care. Establishment that provides 24 -hour medical, convalescent, or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves, and is licensed by the California Department of Public Health. Includes, but is not limited to skilled nursing facilities, rest homes, and convalescent hospitals. Does not include a community care facility or hospital.

Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay as set forth in the California Health and Safety Code §50801(e), as may be amended.

Employee Housing. As described in California Health and Safety Code §17021.6 and 17008, any employee housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household.

Family Day Care Home. As defined by Health and Safety Code §1596.78, a home in which the provider regularly provides care, protection, and supervision for children for less than 24 hours per day.

Small. A home in which the provider regularly provides care, protection, and supervision for eight or fewer children for less than 24 hours per day.

Large. A home in which the provider regularly provides care, protection, and supervision for up to 14 children for less than 24 hours per day.

Home Occupation Business. A commercial use conducted on residential property by the inhabitants of the subject residence, which is incidental and secondary to the residential use of the dwelling.

Live -Work Unit. An integrated housing unit and working space that has been constructed for such use or converted from commercial or industrial use and structurally modified to accommodate residential occupancy and work activity in compliance with the California Building Code. Living space includes, but is not limited to, a sleeping area, a food preparation area, and a full bathroom. The working space is reserved for and regularly used by one or more occupants of the unit.

Low Barrier Navigation Center. Consistent with California Government Code §65660, a service - enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health, shelter, and housing services.

Mobilehome Park. A development designed for and occupied by manufactured/mobile housing units consistent with the requirements of California Health and Safety Code §18200 to §18700. A mobile home park includes facilities and amenities used in common by occupants who rent, lease, or own spaces for mobile home units/spaces through a subdivision, cooperative, condominium, or other form of resident ownership.

Multiple Family Dwelling. A building containing three or more dwelling units.

Parolee/Probationer Home. A dwelling in which at least one parolee or probationer lives.

Division E: Definitions
Single -Family Dwelling. A dwelling unit designed for occupancy by one household, where all rooms are internally connected and internally accessible via habitable space, located on a separate lot from any other unit (except accessory dwelling units, where permitted), and have only one kitchen. This includes individual manufactured housing units installed on a foundation system pursuant to California Health and Safety Code §18551, and the use of a single-family residential structure as employee housing for six or fewer employees consistent with California Health and Safety Code §17021.5.

Single -Room Occupancy (SRO) Residence. A multi -tenant building consisting of single room dwelling units that are the primary residence of its occupants, containing either individual or shared kitchen and bathroom facilities.

Supportive Housing. Consistent with Health and Safety Code §50675.14, housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.

Transitional Housing. Consistent with California Government Code §65582, buildings configured as rental housing developments but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.

Two -Unit Project. The development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot. Also known as an "SB 9 unit" (see California Government Code §65852.21).

17.E.04.020 Commercial Uses
Adult -Oriented Business. See Beaumont Municipal Code Section 5.60.020 (Definitions).

Animal Care and Services.

Animal Hospital. Medical care for household pets on a commercial basis with 24 -hour accommodation of animals, but does not include kennels. Includes animal rescue facilities.

Kennel/Cattery. A commercial, non-profit, or governmental establishment licensed to operate a facility providing shelter, breeding, and/or care for domestic animals that offers overnight (24 - hour) accommodation. This classification includes activities such as feeding, exercising, grooming, and incidental medical care for domestic animals. Includes animal rescue facilities.

Pet Day Care. A commercial, nonprofit, or governmental facility for keeping or maintaining household pets not owned by the facility owner or operator that provide daily accommodations of animals (not including overnight stays). Also includes grooming services.

Veterinary Clinic. Medical care for household pets on a commercial basis with no overnight (24 - hour) accommodation of animals.

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Division E: Definitions
Banks and Financial Institutions.

Bank and Financial Services. A financial institution providing retail banking services. This classification includes only institutions that serve walk-in customers or clients, including banks, savings, and loan institutions, check -cashing services, and credit unions. Includes facilities that provide self -serve facilities; excludes drive -through facilities.

Pawnbroker. A place of business where personal property is received and for which money is advanced, with the right of privilege granted to the person to whom said money is advanced to reclaim such property upon repayment of said money.

Commercial Day Care Facility. Establishments providing non -medical care for children on a less than 24 -hour basis other than large/small family child care homes. This classification includes licensed nursery schools, preschools, and day care facilities for children, and any other day care facility licensed by the State of California. This use does not include after school program, summer camp, and tutoring facilities.

Drive -through Facility. A motor vehicle drive -through facility which is a commercial building or structure or portion thereof which is designed and/or used to provide goods and services to drivers while they remain seated in their vehicles. It includes, but is not limited to, banks and other financial institutions, fast food establishments, and pharmacies, but shall not include drive-in movies, service stations, or car wash operations.

Entertainment and Recreation, Commercial.

Entertainment, Indoors. Predominantly spectator uses conducted within an enclosed building.

Typical uses include movie theaters, enclosed sports arenas, live performing arts venues, escape rooms, and video game activities and competitions such as e -sports.

Entertainment, Outdoors. Predominantly spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include outdoor theaters, partially enclosed sports arenas, racing facilities, outdoor concert facilities, amphitheaters, drive-in movie theaters, aquatic parks, and amusement parks.

Sports and Recreation, Indoors. Predominantly participant sports conducted within an enclosed building. Typical uses include indoor bowling alleys, billiard parlors, ice and roller skating rinks, indoor racquetball courts, go-kart tracks, indoor shooting ranges, trampoline parks, athletic clubs, and physical fitness centers. Excludes operations where activities are primarily class- or appointment -based such as yoga studios and personal trainers.

Sports and Recreation, Outdoors. Predominantly participant sports conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, outdoor shooting and/or archery ranges, miniature golf courses, golf courses, outdoor go-karts, swimming pools, and tennis courts.

Funeral Home, Mortuary. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of human remains and conducting memorial services. Typical uses include a crematory or mortuary. This use does not include cemeteries.

Hospital. A state -licensed facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in -patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors.

Division E: Definitions
Instructional Services. An establishment that offers specialized programs in improvement, information, and personal growth and development such as photography, fine arts, crafts, music, yoga, martial arts, dance, driving schools, health and wellness, and academic tutoring. Attendance is typically limited to hourly classes rather than full -day instruction. These establishments do not grant diplomas or degrees, though instruction may provide credits for diplomas or degrees granted by other institutions. Retail sales are permitted as an accessory use.

Group. Group instruction includes six or more students or clients at any one time.

Private. Private instruction includes fewer than six students or clients at any one time.

Lodging Uses.

Bed and Breakfast Establishment. A residential property with one or more bedrooms dedicated for rental for overnight lodging and where meals may be provided to guests. A bed and breakfast is either owner -occupied or has the manager or proprietor of the lodging business living on the premises.

Hotel. A commercial establishment providing lodging accommodations for a fee for transient guests, generally for stays of 30 days or less, with access to rooms or units primarily from interior lobbies, courts or halls. A hotel may include limited facilities for storage and preparation of food and beverages within individual rooms, such as coffee makers, mini refrigerators and microwave ovens.

Motel. A building or group of attached or detached buildings providing lodging accommodations for a fee for transient guests, generally for stays of 30 days or less, with access to each room or unit through an exterior door. Motels are distinguished from hotels primarily in that motels provide direct independent access to, and adjoining parking for, guest rooms and do not provide 24 -hour guest services.

RV Camper Park. Any area or tract of land where one or more lots are rented or leased or held out for rent or lease to owners or users of RVs or tent camping used for travel or recreation purposes. RV parks can include utility hook-ups and amenities which could include but are not limited to a pool, recreational structure, and playground.

Maintenance and Repair Services. Establishments engaged in the maintenance or repair of office machines, household appliances, furniture, and similar large items. This classification excludes maintenance and repair of vehicles or boats (see "vehicle repair and maintenance") and personal items such as apparel, shoes, and jewelry (see "general services, small").

Medical Support Laboratory. A facility for scientific laboratory analysis of medical resources. The analysis is generally performed for medical providers to support the medical provider's work on behalf of patients.

Offices.

Business and Professional. Offices of firms or organizations providing professional, executive, business, management, or administrative services, including but not limited to accounting, architectural, computer software design, engineering, consulting, graphic design, insurance, interior design, real estate, legal, and tax preparations offices. Also includes co -working spaces designed to accommodate individuals and organizations that provide such services.

Communication Office/Studio. Includes radio, television or recording studios.

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Division E: Definitions
Medical Office/Clinic. Office use providing consultation, diagnosis, therapeutic, preventive, or corrective medical treatment services by doctors, dentists, chiropractors, optometrists, psychotherapists, alternative healing practitioners such as acupuncturists, and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California. Incidental medical and/or dental laboratories and research within the office that supports the on -site patient services is considered part of the office use. This use includes urgent care facilities. Excludes independent research laboratory facilities and hospitals (see medical support laboratory and see hospital).

Retail.

Convenience Store. An easy access retail store in a building or tenant space of 5,000 square feet or less in gross floor area, which carries a range of merchandise oriented to convenience and travelers' shopping needs. These stores may be part of a service station or an independent facility.

General Retail. The retail sale or rental of merchandise not specifically listed under another use definition. This includes department stores, clothing stores, furniture stores, pharmacies, pet supply stores, thrift stores, flower shops (florist), art supply stores, music stores, book stores, and other businesses retailing (or renting) toys, hobby materials, handcrafted items, formalwear, music equipment and instruments, jewelry, cameras, candy, gifts and novelties, electronic equipment, sporting goods, hardware, appliances, antiques, art, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories, excluding vehicle service and installation (see vehicle repair and maintenance). Excludes large format retail and other sales -related uses more specifically described in other use definitions.

Grocery Store, Large. Retail establishments that primarily sell food, but also may sell other convenience and household goods, and could include a delicatessen or specialty food shop, baked goods, frozen foods, fruits, vegetables, meats, cheeses, dairy, and prepared food, and which occupy more than 25,000 square feet of gross floor area, but not more than 80,000 square feet of gross floor area.

Grocery Store, Small. Retail establishments with gross floor area less than 25,000 square feet that primarily sell food products, such as fresh fruits and vegetables, meats and seafood, dairy products, baked goods, packaged and prepared foods, and frozen foods, but that may also sell other convenience and household goods. May also include a delicatessen or other specialty food shop.

Large Format Retail. Retail establishments over 80,000 square feet in size that sell merchandise and/or bulk goods primarily for individual consumption, including, but not limited to, department stores, home improvement stores, membership warehouses which emphasize bulk sales to the general public as well as to other businesses, and other big box format stores. Large format retail uses may include a grocery store sales component.

Liquor Store. A business establishment having at least 50 percent of its gross floor area used for the sale of alcoholic beverages intended for off -site consumption.

Smoke Shop. An establishment dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia.

Division E: Definitions
Services.

General Services, Small. A commercial establishment that performs cleaning, repair, and alteration of small consumer and household items, including but not limited to dry cleaning pick- up stores without equipment that uses chemical solvents, Laundromats (self-service laundries), photocopying and photo finishing services, tailor shops, watch and jewelry repair, shoe repair, home electronics repair, and locksmiths. Does not include repair of vehicles or boats (see "vehicle repair and maintenance"), personal services (see "personal services"), or maintenance and repair of large or bulky items (see "maintenance and repair services").

Massage Establishment. See Beaumont Municipal Code Chapter 5.44.020 (Definitions).

Personal Services. A commercial establishment which provides services of a personal or aesthetic nature directly to consumers, including but not limited to barber and beauty shops, nail salons, tanning salons, hair removal salons, tattoo and body piercing studios, spa/wellness center (excluding massage establishments), medical spas, and personal trainers.

17.E.04.030 Alcohol -Serving and Restaurant Uses
Bar or Cocktail Lounge. Business serving beverages for consumption on the premises as a primary use, including serving alcohol such as beer, wine, and spirits. Dancing and live entertainment may also be conducted within the establishment. This use includes nightclubs. This use does not include breweries, wineries, or distilleries.

Brewery, Winery, or Distillery. A limited production brewery, winery, or distillery where beer, wine, or spirits are brewed, made, distilled, sold, and consumed on site and meets all applicable California Department of Alcoholic Beverage Control regulations. This use includes tasting rooms where alcoholic beverages are sold and consumed on site. Food service is subordinate to the sale of alcoholic beverages.

Restaurants.

Full Service. Restaurants providing cooked -to -order food and beverage services (including alcohol) to patrons who order and are served while seated and pay after eating. Takeout service may also be provided. Restaurants that serve alcohol cannot have more than 25 percent of the gross floor area dedicated to a bar area or else they are considered a Bar or Cocktail Lounge or Brewery, Winery, or Distillery.

Limited Service. Establishments where food and beverages may be consumed on the premises (including alcohol), taken out, or delivered, but where no table service is provided. This includes, but is not limited to cafeterias, carryout sandwich shops, limited -service pizza parlors and delivery shops, self-service restaurants, snack bars, and takeout restaurants. This use includes cafes, coffee shops, and bakeries with a retail storefront component. Restaurants that serve alcohol cannot have more than 25 percent of the gross floor area dedicated to a bar area or else they are considered a Bar or Cocktail Lounge or Brewery, Winery, or Distillery. This use does not include drive -through facilities, including fast-food restaurants (see Drive -through Facility).

17.E.04.040 Vehicle -Related Uses
Automobile/Vehicle Washing. A business engaged in the washing, waxing, cleaning, and/or detailing of automobiles or similar light vehicles.

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Division E: Definitions
Commercial Fueling Facility. A fueling facility designed for commercial customers which dispenses gasoline, diesel, or similar vehicle fuels, and which is not open to the general public, has no cash sales and provides no personal services on -site.

Fleet -based Service. Passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of three or more vehicles. This includes parking, dispatching, and offices for taxicab and limousine operations, ambulance services, non -emergency medical transport, home cleaning services, pedicab services, and similar businesses. This does not include towing operations (see "vehicle storage").

Gas/Service Station. An establishment primarily engaged in retailing automotive fuels or retailing these fuels in combination with activities, such as providing minor automobile vehicle repair services; selling automotive oils, replacement parts, and accessories; or providing incidental food and retail services. Major motor vehicle repair (engine rebuilding or reconditioning of engines, motor vehicles or trailers; collision service, including body, frame or fender repair; over-all painting) is not permitted.

Parking Lot. Open parking area(s) provided on property other than a public street, alley, or right-of- way that is the primary use on the lot. May include park -and -ride lots. Use of the parking lot may be subject to a fee.

Parking Structure. A building or structure containing parking spaces that is the primary use on the lot.

May be located above or below grade, and use of the parking structure may be subject to a fee. May include park and ride structures.

Tire Store and Tire Repair Facility. An establishment where the sale, installation or storage of new or used or retread tires and tubes is conducted with or without other products or services. Tire store does not include a retreading establishment, collection, reduction or transfer of tires.

Vehicle Rental. An establishment providing for the rental of automobiles, motorcycles, trucks, or trailers. Typical uses include car rental agencies.

Vehicle Repair and Maintenance.

Major. Repair of automobiles, trucks, motorcycles, motor homes, boats and recreational vehicles, including the sale, installation, and servicing of related equipment and parts. This classification includes the servicing and repair of engines, body and fender, transmission, axels, wheels and brake, auto glass services, tire sales and installation, tire treading and recapping, and vehicle painting. Excludes vehicle dismantling or salvaging (see "salvage and wrecking") and tire retreading or recapping. All minor activities may also be included in major uses. The repair and maintenance of vehicles over 14,000 pounds is included in major uses only.

Minor. The service and repair of automobiles, boats, motorcycles, and light -duty trucks/vans under 14,000 pounds, including the sale, installation, and servicing of related equipment and parts. This classification includes the replacement of small automotive parts and liquids as an accessory use to an automotive accessories and supply store, and quick -service oil, tune-up and brake and muffler shops, auto glass sales and replacement, window tinting, stereo and alarm sales, and tire sales where repairs are made or service provided in enclosed bays and no vehicles are stored overnight. This classification excludes disassembly, removal or replacement of major components such as engines, drive trains, transmissions or axles; automotive body and fender work, vehicle painting or other operations that generate excessive noise, objectionable odors, or hazardous materials, and repair of heavy trucks, limousines, or construction vehicles (see "vehicle repair and maintenance, major"). It also excludes towing services (see "vehicle storage") and fueling stations (see "gas/service station").

Division E: Definitions
Vehicle Sales and Leasing. Sale or lease, retail or wholesale, of automobiles, trucks, motorcycles, motor homes, and trailers, together with associated repair services and parts sales, but excluding body repair and painting. Includes, but is not limited to, automobile dealers and recreational vehicle sales agencies.

Vehicle Storage. The use of a site for the short -or long-term storage of automobiles, trucks, motorcycles, and/or other vehicles. Includes towing and impound lots.

17.E.04.050 Manufacturing and Industrial Uses
Advanced Manufacturing. The use of innovative technologies to create existing and new products or to improve products and processes. Advanced manufacturing focuses on the rapid transfer of science and technology into production activities and may incorporate high technology elements such as information, automation, computation, software, sensing, artificial intelligence, machine learning, and networking. Advanced manufacturing may include storage space for raw materials and/or finished goods that actively supports the primary use.

Construction Yard and Equipment Rental. Storage of construction materials or equipment on a site other than a construction site. Includes rental of large construction equipment and machinery. This classification may include parking/storage of contractor vehicles.

Custom and Artisan Manufacturing. An establishment primarily engaged in on -site production of goods by hand manufacturing or artistic endeavor, which involves only the use of hand tools or small mechanical equipment and the incidental direct sale to consumers of only those goods produced on site. Typical uses include metalworking, pottery and ceramic studios with a kiln, glass furnace, or woodworking.

Food and Beverage Processing and Preparation. Cooking, processing, packaging, bottling, and shipping of food products for off -site sales. Includes, but is not limited to wholesale bakeries, catering services, commercial kitchens, and commissary kitchens. This does not include breweries, wineries, and distilleries. This use does not include the slaughtering of live animals.

Industry, General. Manufacturing of products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials, where operations are conducted primarily within an enclosed building. Includes, but is not limited to operations such as biomass energy conversion; fuel yards; textile mills; production apparel manufacturing; photographic processing plants; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; plastics and rubber products manufacturing; and nonmetallic mineral product manufacturing.

Industry, Heavy. Manufacturing of products that include petroleum products, metals and/or metal processing, and hazardous chemicals.

Industry, Light. Establishments engaged in light industrial activities taking place primarily within enclosed buildings and producing minimal impacts on nearby properties. Includes, but is not limited to operations such as manufacturing finished parts or products primarily from previously prepared materials; commercial laundries and dry cleaning plants; mobile home manufacturing; monument works; printing, engraving and publishing; electronics manufacturing not included under advanced manufacturing; and furniture and related product manufacturing.

Research and Development. Industrial or scientific research for the design, development, engineering and testing of high technology, clean technology, industrial, or scientific products. May include limited Final Code I Beaumont Zoning Code Update I Page 17.E-23

Division E: Definitions
manufacturing as necessary for the production of prototypes but excludes the full-scale manufacturing of final products. May also include storage space for raw materials and/or finished goods that actively supports the primary use.

Salvage and Wrecking. The dismantling of wrecked or decommissioned vehicles, appliances, or other metal products where usable parts are sold for use in operating vehicles and the unusable metal parts are sold to metal -recycling companies. Incidental storage is allowed.

Recycling Processing and Collection Facility.

Collection Facility. A center for the acceptance of recyclable materials from the public by donation, redemption, or purchase.

Processing Facility. A building or enclosed space used for the collection and processing of recyclable materials. "Processing" means the preparation of material for efficient shipment, or to an end -user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and re -manufacturing.

Warehousing, Storage, and Distribution.

Mini -Storage or Self -Storage. An operation serving the public where customers rent or lease, or self -store and have direct access to, individual storage areas, compartments, or facilities rooms within a larger structure or structures provided for storage use. This use may also include limited caretaker facilities.

Logistics Use. A facility, primarily within an enclosed building, for the storage of commercial or industrial goods, products and materials and the associated on -site sorting, packing, staging, shipping, receiving, and distributing of goods to wholesale and retail outlets, including ancillary truck parking and dispatching. Also includes long-term, passive storage of furniture, household goods, or other commercial goods; and of industrial equipment, products, and materials.

Warehousing and distribution facilities may include, but are not limited to, wholesale distribution, distribution centers, moving and transfer storage, cross -dock facilities, package handling centers, order fulfilment centers, and logistics centers. Excludes storage of raw materials and/or finished products as part of an active primary use (e.g., see "advanced manufacturing"; "industry, general"; "industry, light"; "research and development").

17.E.04.060 Agricultural Uses
Animal Keeping (Commercial Use). The raising, care, and maintenance of animals on private property for commercial purposes, including dairies. Also see "kennel/cattery", which provides for the boarding of animals.

Animal Keeping (Secondary Use). The raising, care, and maintenance of animals on private property for non-commercial purposes.

Apiary. A place where bees are kept.

Aviary. A large cage, building, or enclosure for the keeping of birds.

Cultivated Agriculture. The planting, growing, and harvesting of crops or plants, or the preparation of land for this purpose for viticulture, horticulture, pasturage, floriculture, or similar farming where a crop or final product may be produced for sale, but not necessarily. Includes incidental uses like produce stands.

Division E: Definitions
Stables. Commercial horse, donkey, and mule facilities including horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), pack stations, barns, stables, corrals, and paddocks accessory and incidental to these uses.

17.E.04.070 Public, Institutional, and Utility Uses
Cemetery. Land used for the burial of the dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries only when operated in conjunction with and within the boundary of such cemetery.

Civic/Government. Administrative, clerical, or public contact offices of a government agency, including postal facilities and courts, along with accessory storage and maintenance. This classification excludes corporation yards, equipment service centers, and similar facilities that require maintenance and repair services and storage facilities for related vehicles and equipment (see "vehicle repair and maintenance"). Also see "public safety facility".

Community Assembly. A facility for public or private meetings including clubs and lodges, community centers, senior centers, religious assembly facilities, convention centers, civic and private auditoriums, union halls, meeting halls for clubs and other membership organizations. This includes functionally related facilities for the use of members and attendees such as kitchens, multi -purpose rooms, and storage. It does not include gymnasiums or other sports facilities (see "indoor sports and recreation") or facilities such as commercial day care facilities and schools, which are separately defined.

Major. Community assembly use that is over 2,000 gross square feet and has capacity for more than 200 seats.

Minor. Community assembly use that is 2,000 gross square feet or less and has capacity for no more than 200 seats.

Community Garden. Use of land for and limited to cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity, by several individuals or households.

Community Recreation Center. A recreation facility open to the public. Uses include, but are not limited to, swimming pools, sports courts and fields (e.g., tennis, pickleball, baseball, soccer), play areas, turf, community center buildings, recreation buildings, and other works/properties/structures/facilities necessary or associated with a public park, playground, or recreation purposes.

Cultural Facility. A facility engaged in activities to serve and promote aesthetic and educational interest in the community that are open to the public on a regular basis. This classification includes performing arts for theater, music, dance, and events as an accessory use; spaces for display or preservation of objects of interest in the arts or sciences; libraries; museums; historical sites; aquariums; publicly owned art galleries; and zoos and botanical gardens. It does not include schools or institutions of higher education providing curricula of a general nature.

Educational Institutions.

College or University. The use of a site for either a public or private college or university, excluding vocational/trade schools. This classification may include, but is not limited to, incidental/accessory dining and food service facilities, event spaces, sports fields, and student housing (dormitories).

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Division E: Definitions
Schools, Public or Private. An institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained in compliance with the standards set by the State Board of Education. This classification includes elementary school, middle or junior high school, or senior high school.

Vocational and Trade Schools. A postsecondary institution offering educational services which provide career training or lead to an occupation or job title; prepare students to take or pass a licensing examination or other qualifying test for employment; or which licenses persons in a particular profession, trade, or job category. This classification excludes programs that lead to a bachelor, master, or doctoral degree or that provide solely a vocational or recreational program, or programs sponsored by a business or professional organization solely for the benefit of its members.

Park. A park, trail, recreation center, sports complex, golf course, or athletic field within the City which is under the control, operation or management of the City or other public agency.

Public Safety Facility. Facility operated by public agencies including fire stations, other fire prevention and firefighting facilities, and police and sheriff substations and headquarters, including interim holding facilities.

Public Utility/Service Structures.

Public Utility Facility. Generating plants, electric substations, solid waste collection, including transfer stations and materials recovery (recycling processing) facilities, solid waste treatment and disposal, water or wastewater treatment plants, and similar facilities of public agencies or public utilities.

Wind Energy Conversion System. A machine and/or equipment that creates electricity from wind energy.

Transit Station and Facility. Facilities for passenger transportation operations, such as rail (e.g., Metrolink) but does not include airports or heliports.

Wireless Telecommunication Facility. A facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, telecommunication towers or similar structures supporting the equipment, equipment buildings, parking area and other accessory development. Also see Wireless Telecommunications Terms in Chapter 17.E.02 (Definitions of Terms).

17.E.04.080 Other Uses
Accessory Use. A use that is customarily associated with, and is incidental and subordinate to, the primary use and located on the same lot as the primary use.

Farmers' Market. An establishment offering for sale produce, prepared food items, and other artisan/craft goods and merchandise by certified growers and producers authorized to sell, directly to consumers, products that are produced on land the producer controls or taken in consignment from other producers. Excludes flea markets.

Temporary Use. A use established for a specified period of time, with the intent to discontinue the use at the end of the designated time period.

Division E: Definitions
Chapter 17.E.06 Definitions of Sign Terms
This Chapter provides definitions for signs referred to in Chapter 17.C.08 (Signs).

Advertise. Describe or draw attention to a product, service, or event in a public medium in order to promote sales or attendance.

Animated Sign. A sign designed to attract attention through movement or the semblance of movement of the whole or any part including, but not limited to, signs which swing, twirl, move back and forth or up and down; or signs which change color or shades of color or any other method or device which suggests movement.

Commercial Message. A message displayed on a sign that primarily concerns business, commercial or economic interests, or which proposes an economic transaction. Commercial messages may be onsite or offsite; however, the onsite/offsite distinction applies only to commercial messages.

Commercial Sign. A sign displayed for the purpose of identifying a commercial message, or advertising a service, product, business or venture that is offered for trade or sale which can be located onsite or offsite.

Copy. Graphic content of a sign surface designed to allow the changing of copy through manual, mechanical, or electrical means.

Electronic Message Center Sign. A sign with the capability of presenting variable advertising message displays by projecting an electronically controlled light pattern against a contrasting background and which can be programmed to change the message display periodically. An electronic message center is neither an animated sign nor a simulated motion sign.

Flashing Sign. Lighted signs which disappear and reappear at periodic intervals, or are intermittently on and off, and which are placed so as to attract vehicular traffic with emphasis on the recurrence of lights. This definition includes beacons, searchlights, and klieg lights only when they are used for commercial messages.

Foot -Candle. A quantitative unit of measure for luminance. One foot-candle is equal to the amount of light generated by one candle shining on one square foot surface located one foot away. It is equal to one lumen uniformly distributed over an area of one square foot.

Freestanding Sign. A permanent sign anchored directly to the ground or supported by one or more posts, columns, or other vertical structures or supports, and not attached to or dependent for support from any building.

Illuminated Sign. A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.

Nits. A luminance unit equal to one candela (one candle) per square meter measured perpendicular to the rays from the source. Nits, when used in conjunction with contrast ratio and viewing angle, determine image quality in a desired application.

Noncommercial Message. A message or image displayed on a sign which concerns matters not included within the definition of commercial message. The onsite/offsite distinction applies only to commercial messages.

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Division E: Definitions
Noncommercial Sign. A sign that is displayed for the purpose of identifying a noncommercial message. The sign does not do any of the following:

1. Advertise a product, business or service for profit and/or a business purpose; or

2. Relate solely to economic interests. Noncommercial signs are not considered either off -site or on -site signs.

Off -Site Sign. A sign related in its subject matter to some premises or lot other than the premises or lot on which the sign is located.

On -Site Sign. A sign related in its subject matter to the premises on which it is located, or to products, accommodations, services, or other activities on the premises.

Permanent Sign. A stationary sign permanently attached to the ground or to a structure.

Portable Sign. A temporary sign designed and constructed so as to be easily moved. Such signs are usually not secured to a building or anchored to the ground. Common types include "A" frame signs, sandwich board signs, and sidewalk signs.

FIGURE 17.E.06-1: PORTABLE SIGNS
Poster Sign. Any sign attached to the ground in a manner approved by the building official, which may be visible from adjacent streets or highways.

Relocated Billboard. An existing billboard that is located in the City that is relocated through a City Council approved relocation agreement, including the replacement of a static billboard face with an electronic message center. The relocated billboard is not considered a new billboard.

Revolving Sign. A sign or a portion thereof, which rotates or revolves.

Sign. Any device, fixture, placard or structure, including its component parts, which draws attention to an object, product, place, activity, opinion, person, institution, organization, or place of business, or which identifies or promotes the interests of any person and which is to be viewed from any public street, road, highway, right-of-way or parking area. However, the following are not within the definition of "sign" for regulatory purposes of this Code:

1. Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof, provided the building or enclosed structure is otherwise legal;

Division E: Definitions

2. Decorative or architectural features of buildings (not including lettering, trademarks or moving parts);

3. Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal;

4. Items or devices of personal apparel, decoration or appearance, including tattoos, makeup, costumes (but not including commercial mascots);

5. Marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale;

6. The legal use of fireworks, candles, and artificial lighting not otherwise regulated by this Code;

7. Advertisements or banners mounted on trains or duly licensed mass transit vehicles that legally pass through the City;

8. On street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, commercial and noncommercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel;

9. Gravestones or grave markers; and

10. News racks and newsstands.

Sign types include:

Banner Sign. A fabric or fabric -like material on which an advertising message is painted or otherwise affixed.

FIGURE 17.E.06-2: BANNER SIGN
Billboard Sign or Billboard. A permanent sign structure used for the display of offsite commercial messages, other than a directional sign, which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is located, or to which it is affixed. Commercial copy on any billboard sign may be replaced with noncommercial copy.

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Division E: Definitions
Directional Sign, On -site. A sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit, or entrance signs).

FIGURE 17.E.06-3: DIRECTIONAL SIGN, BUILDING -MOUNTED
SIGN
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l
FIGURE 17.E.06-4: DIRECTIONAL SIGN, FREESTANDING
Flag Sign. A device, generally made of fabric or flexible materials, (usually cloth, paper or plastic), which displays visual colors, images, or symbols, typically those of governments, religions, causes, organizations, or specific business activities.

Identification Sign. A sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified.

Identification Sign (Residential). A freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development.

Division E: Definitions
Monument Sign. A sign with an overall height of six feet or less, standing directly on the ground or on a base where the supporting poles or structures, if any, are covered from public view.

FIGURE 17.E.06-5: MONUMENT SIGN
Pennant. A display device, usually triangular in shape and made of flexible materials, such as cloth, paper or plastic, used primarily to attract attention of passersby.

Pylon Sign. A sign with an overall height exceeding six feet and supported by one or more poles or pylons attached directly into or upon the ground.

FIGURE 17.E.06-6: PYLON SIGN
Real Estate Sign. A temporary sign advertising that a property or structure is for sale, lease, rent, or exchange. The advertising contained on a real estate sign shall be limited to the following information:

1. That the property is for sale, lease, rent or exchange by the owner or his or her agent;

2. The property is in escrow or there is an "open house";

3. Directions to the property; and

4. The owner's or agent's name, address and telephone number.

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Division E: Definitions
Roof Sign. A sign supported by or attached to or projecting through the roof of a building or structure, or projecting above the eave line or parapet wall of the building or structure.

FIGURE 17.E.06-7: ROOF SIGN
r ROOF SIGN l

ROOF SIGN
Under Canopy Sign. A sign attached to the underside of a projecting canopy perpendicular to the building frontage, commonly used for identifying the land use at that location.

FIGURE 17.E.06-8: UNDER CANOPY SIGN
Wall Mural. The decoration on the exterior surface of a structure with scenic, architectural or artistic paints which in themselves do not identify or advertise any product, service, or business.

A wall mural is a sign if it is related by language, logo, or pictorial depiction to the advertisement of any product or service or the identification of any business.

Wall Sign. A sign which is in any manner affixed to any exterior wall of a building or structure, the exposed face of which is in a plane approximately parallel to the plane of the wall.

FIGURE 17.E.06-9: WALL SIGN
Ltlegitiaistv-re44-
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Division E: Definitions
Window Sign. A temporary sign painted, attached, glued or otherwise affixed to a window, which is easily visible from the exterior of the building.

FIGURE 17.E.06-10: WINDOW SIGNS
Temporary
Window
Sign
Sign Structure. The supports, uprights, bracings, guy rods, cables and other structural framework of a sign or outdoor display.

Temporary Sign. A sign structure or device used for the display of messages or images, which is easily installed and removed and which is not intended or suitable for long-term or permanent display due the sign construction, materials, placement, or installation. Temporary signs shall include noncommercial signs, real estate signs, yard or garage sale signs, construction signs, on -site temporary window signs displaying a commercial message, future tenant identification signs, commercial flags and banners for real estate sales and leasing, commercial flags on commercial, industrial, or agricultural properties, signs supported by and affixed to the ground by a wire frame or special event signs. Any sign not covered by this definition is a permanent sign and must comply with the applicable permanent sign regulations.

Uniform Sign Program. A detailed set of plans, to -scale drawings, specifications, and other information for signs in a commercial, industrial, or office complex; a group of three or more businesses on a parcel or project site; or for commercial recreation uses.

Window Area. The total area of a window upon which signs, images or messages may be mounted. A group of window panes or panels can be considered one window if they are adjoining on the building face and are less than six inches apart.

Final Code I Beaumont Zoning Code Update I Page 17.E-33

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BEAUMONT
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Zone Name
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BEAUMONT
-C A L I F O R N A -
Staff Report
TO: City Council
FROM: Steven D. Jones, Community Development Director
Katie Jenson, Assistant Planner
DATE: December 16, 2025
SUBJECT: Second Reading and Adoption of an Ordinance Amending Food Truck, Peddler, and Sidewalk Vending Regulations
Description: The second reading of an ordinance expanding provisions to streamline, improve efficiency of the food truck review and approval process, and align with contemporary mobile food truck, peddler, and sidewalk vending trends.

Background and Analysis:

On December 2, 2025, the City Council held a public hearing to introduce the draft ordinance for first reading, which proposes amending portions of Beaumont Municipal Code Title 8 to expand access to affordable food options and support opportunities for community engagement and the potential growth of incubator businesses. The Council voted 5-0 in favor of the ordinance.

Key updates include reduced frequency of inspections, locational areas and increased timing to vend, concise guidelines and streamlined processing and the ability for restaurateurs to use their own food trucks at their own restaurant locations as an exception to the rule of maintaining a one (1) -block buffer.

Fiscal Impact:

The cost to prepare this report was $150.

There is no anticipation that the proposed amendments would result in significant fiscal impact. Portions of staff time and associated costs will be offset through revenue generated from plan check and permit issuance fees.

Recommended Action:

Adopt by title only, "An Ordinance of the City Council of the City of Beaumont, California, Regulating Business Activity Within the Public Right -of -Way and Public Property Amending Portions of Title 5 `Business Taxes Licenses, and Regulations'

Chapter 6.54 `Peddlers,' Chapter 5.66 `Sidewalk Vending,' and Chapter 5.72 'Food Trucks' of the Beaumont Municipal Code.

Attachments:

A. Ordinance

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT,

CALIFORNIA, REGULATING BUSINESS ACTIVITY WITHIN THE PUBLIC RIGHTS - OF -WAY AND PUBLIC PROPERTY AMENDING PORTIONS OF TITLE 5 "BUSINESS TAXES, LICENSES AND REGULATIONS," CHAPTER 5.64 "PEDDLERS," CHAPTER

5.66 "SIDEWALK VENDING," AND CHAPTER 5.72 "FOOD TRUCKS" OF THE

BEAUMONT MUNICIPAL CODE

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS:

SECTION 1. CEPA. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act (CEQA) pursuant to 15061(b)(3), CEQA review is not required because there is no possibility that this Ordinance may have a significant effect upon the environment and the proposed text amendments constitute a minor alteration in a land use limitation under CEQA Guidelines Section 15305, and such a land use limitation is a permissible exercise of the City's zoning powers.

SECTION 2. Severability. The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences, or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the Ordinance enforced.

SECTION 3. Prosecution of Prior Ordinances. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the City of Beaumont Municipal Code, committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof.

SECTION 4. Findings. The City Council finds that stakeholders have voiced a clear interest in establishing a more predictable framework for safe business operations within public rights -of - way. In response, amendments are warranted to reflect evolving industry trends, including business -friendly updates to inspection requirements and business license renewal intervals.

Additionally, the Council recognizes the need for clearer, more streamlined permit processing guidelines and revised procedures for managing events held on city property and those sponsored by the City.

SECTION 5. The City Council hereby amends Title 5.64, entitled "Peddlers" to the Beaumont Municipal Code, to read as:

Chapter 5.64

PEDDLERS
1

Sections:

5.64.010 Definitions

5.64.030 Permit application.

5.64.040 Issuance of permit.

5.64.050 Denial of permit.

5.64.010 - Definitions.

For purposes of this Chapter, the following definitions apply unless the context in which they are used clearly requires otherwise:
"Certified Farmers Market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.
"Chief of Police" means the Chief of Police of the City or his or her designee. "City" means the City of Beaumont.
"Food" means any type of raw, cooked, or processed edible substance, including any food product or beverage.
"Merchandise" means goods, wares, merchandise, meats, fish, vegetables, fruits, farm products, or prepared foods.
"Peddler" shall mean any person, traveling by foot, automotive vehicle, or any other type of conveyance from place to place, house to house, or from street to street carrying, conveying, or transporting merchandise and offering and exposing the same for sale, or making sales and delivering articles to purchasers, or any person who traveling from place to place, shall sell or offer for sale such merchandise from an automotive vehicle, or other vehicle or conveyance; or any person who solicits orders and as a separate transaction makes deliveries to purchaser. "Peddler" shall not include a person engaged in, conducting or carrying on the business of vending on a sidewalk, pursuant to a valid permit issued pursuant to Chapter 5.66. "Swap Meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.
"Temporary special permit" means a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or other public area, including but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, outdoor concerts, festivals, carnivals, and street fairs. 2

"Vend" or "vending" means to barter, exchange, sell, offer for sale, display for sale, or solicit offers to purchase, food or merchandise, or to require someone to negotiate, establish, or pay a fee before providing food or merchandise, even if characterized as a donation.

5.64.030 - Permit application.

Every person, prior to engaging in, conducting, or carrying on the business of a peddler, shall file an application for a permit with the City Manager, City Engineer, or his or her designee, accompanied by a nonrefundable processing fee in an amount established by resolution of the City Council. The application shall be in a form prescribed by the City Manager and shall contain, at a minimum, the following:

A. The legal name, current mailing address and telephone number of the applicant; B. If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal;
C. A copy of a California's driver's license or identification number, an individual taxpayer identification number, or a social security number. The number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or comply with a state law or state or federal court order; D. A description of the merchandise;
E. A current valid California seller's permit number pursuant to Section 6067 of the California Revenue and Taxation Code;
F. If a vendor of food, a food handler certificate issued by the Riverside County Department of Environmental Health and other applicable requirements of the County.

G. An agreement by the applicant to indemnify and hold harmless the City, its officers and employees, for any damage or injury caused to the City as a result of the peddler conduct or activity;
H. Certification by the applicant, under penalty of perjury, that the information contained in the application is true to his or her knowledge and belief; and I. Any other reasonable information regarding the time, place, and manner of the proposed peddler activities.

J. The applicant's consent to a fingerprint check by the Chief of Police or his designee.

Applications for permits shall be filed a minimum of 30 days prior to the date requested for issuance of the permit. Renewal permit applications shall be filed a minimum of 30 days prior to the expiration of any existing permit.

5.64.040 - Issuance of permit.

The City Manager or his or her designee shall grant a peddler permit within ten days after receiving the completed application and proof of a valid City business license if he or she finds that all of the following requirements have been met:

A. The business license fees have been paid.

B. The application conforms in all respects to the provisions of this Chapter.

C. The applicant has not made a material misrepresentation of fact in the application.

D. The applicant has not had a similar permit or license denied or revoked by the City within one year prior to the date of the application.

E. The applicant has not been convicted, during the three-year period immediately preceding the issuance of the permit, of any offenses involving the sale of a controlled substance specified in sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code in conjunction with, or while conducting, business or activity as a peddler. 3

F. The applicant has obtained any other applicable City or county permits, including any City or county health permit required for the preparation and sale of food products.

G. The applicant has obtained a valid City business license and paid the appropriate business license fee.
4

5.64.050 - Denial of permit.

If the City Manager or his or her designee finds that all the requirements of Section 5.64.060 of the Municipal Code have not been met, he or she shall deny the application for the peddler permit. Written notification of denial of the permit application, setting forth the grounds for denial, shall be served on the applicant by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the applicant at his or her mailing address as set forth in the permit application. Notice of denial of the application shall be deemed to have been served on the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the City signed or unsigned.

SECTION 6. The City Council hereby amends Title 5.66, entitled "Sidewalk Vending" to the Beaumont Municipal Code, to read as:

Chapter 5.66

SIDEWALK VENDING
Sections:

5.66.010 Definitions.

5.66.030 Permit application.

5.66.040 Issuance of permit.

5.66.050 Denial of permit.

5.66.010 - Definitions.

For purposes of this Chapter, the following definitions apply unless the context in which they are used clearly requires otherwise:
"Certified Farmers Market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.
"Chief of Police" means the Chief of Police of the City or his or her designee. "City" means the City of Beaumont.
"Fire Station" means any facility where fire engines and other equipment of the City's Fire Department are housed.
"Food" means any type of raw, cooked, or processed edible substance, including any food product or beverage.
"Merchandise" means any tangible goods or items that are not food. "Park" shall mean any park open to the public located within the City and includes all sidewalks and parking lots located within or on the perimeter of a public park. "Police station" means any facility where police vehicles and other equipment of the City's Police Department are housed.
"Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
"Sidewalk" means a public sidewalk or paved pedestrian path or walkway specifically designed for pedestrian travel.
"Sidewalk vendor" means a person who vends from a vending cart or from one's person, upon a sidewalk.
"Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location. 5

"Swap Meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.
"Temporary special permit" means a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or other public area, including but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, outdoor concerts, festivals, carnivals, and street fairs. "Vend" or "vending" means to barter, exchange, sell, offer for sale, display for sale, or solicit offers to purchase, food or merchandise, or to require someone to negotiate, establish, or pay a fee before providing food or merchandise, even if characterized as a donation. "Vending cart" means a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other non -motorized conveyance used for vending, that is not a vehicle as defined in the California Vehicle Code.

5.66.030 - Permit application.

Every person, prior to engaging in, conducting, or carrying on the business of vending on a Sidewalk, shall file an application for a permit with the City Engineer, accompanied by a nonrefundable processing fee in an amount established by resolution of the City Council. The application shall be in a form prescribed by the City Council and shall contain, at a minimum, the following:

A. The legal name, current mailing address and telephone number of the applicant; B. If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal;
C. A copy of a California's driver's license or identification number, an individual taxpayer identification number, or a social security number. The number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or comply with a state law or state or federal court order; D. A description of the food and/or merchandise for vending; E. The dimensions of the vending cart;
F. A current valid California seller's permit number pursuant to Section 6067 of the California Revenue and Taxation Code;
G. If a vendor of food, a food handler certificate issued by the Riverside County Department of Environmental Health and other applicable requirements of the County.

H. An agreement by the applicant to indemnify and hold harmless the City, its officers and employees, for any damage or injury caused to the City as a result of the sidewalk vending conduct or activity;
I. Certification by the applicant, under penalty of perjury, that the information contained in the application is true to his or her knowledge and belief; and J. Any other reasonable information regarding the time, place, and manner of the proposed sidewalk vending activities.

Applications for permits shall be filed a minimum of 30 days prior to the date requested for issuance of the permit. Renewal permit applications shall be filed a minimum of 30 days prior to the expiration of any existing permit.
6

5.66.040 - Issuance of permit.

The City Engineer or his or her designee shall grant a sidewalk vendor permit within ten days after receiving the completed application and proof of a valid City business license if he or she finds that all of the following requirements have been met:

A. The business license fees have been paid.

B. The application conforms in all respects to the provisions of this Chapter.

C. The applicant has not made a material misrepresentation of fact in the application.

D. The applicant has not had a similar permit or license denied or revoked by the City within one year prior to the date of the application.

E. The applicant has not been convicted, during the three-year period immediately preceding the issuance of the permit, of any offenses involving the sale of a controlled substance specified in sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code in conjunction with, or while conducting, sidewalk vending business or activity.

F. The applicant has obtained any other applicable City or county permits, including any City or county health permit required for the preparation and sale of food products.

G. The applicant has obtained a valid City business license and paid the appropriate business license fee.

5.66.050 - Denial of permit.

If the City Engineer finds that all the requirements of Section 5.64.060 of the Municipal Code have not been met, he or she shall deny the application for the sidewalk vendor permit. Written notification of denial of the permit application, setting forth the grounds for denial, shall be served on the applicant by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the applicant at his or her mailing address as set forth in the permit application. Notice of denial of the application shall be deemed to have been served on the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the City signed or unsigned.

SECTION 7. The City Council hereby amends Title 5.72, entitled "Food Trucks" to the Beaumont Municipal Code, to read as:

Chapter 5.72

FOOD TRUCKS
Sections:

5.72.010 Purpose.

5.72.020 Intent.

5.72.030 Definitions.

5.72.040 Clearances, inspections, permit, and license required.

5.72.050 Health permit required.

5.72.060 General operational standards for food trucks.

5.72.070 Food trucks on private property.

5.72.080 Food trucks on public right-of-way.

5.72.090 Fees.

5.72.100 Term and renewal.
7

5.72.110 Revocation.

5.72.120 Appeals.

5.72.130 Violations.

5.72.030 - Definitions.

The following words, terms and phrases when used in this chapter shall have the meanings ascribed to them in this section. If a term or phrase is not defined in this part, or elsewhere in this Code, the most common dictionary definition is presumed to be correct.

Building means a structure of a permanent nature located or constructed on a parcel of land, and shall include but not be restricted to, dwelling, hotel, apartment house, apartment, court, rooming house, boarding home for the aged, motel, cottage, house trailer, commercial establishment, store, office, plant, factory, warehouse and similar buildings.

Business license means a City of Beaumont business license.

City means City of Beaumont
Food means any item provided in Health and Safety Code § 113781, or any successor section.

Food truck shall mean any motorized device or vehicle by which any person or property may be propelled or moved upon a highway, or which may be drawn or towed by a motorized vehicle, from which food or food products are sold, offered for sale, displayed, bartered, exchanged or otherwise given. This definition shall exclude sidewalk vendors as defined in Beaumont Municipal Code Chapter 5.66 Sidewalk Vending.

Food truck event shall mean an organized gathering of food truck vendors which is open to the general public.

Immediate vicinity means the streets abutting an activity or event (and any contiguous parking areas), the sidewalks on either side of such streets, as well as any open or unoccupied space between the activity or event and the abutting streets and sidewalks.

Park means a public park owned or operated by the city.

Property owner shall mean the holder of fee title to a property, whether a person, partnership, corporation or other entity recognized by law, and his/her/its lessees, permittees, assignees or successors in interest.

Public property shall mean any real property owned, leased, operated, or controlled by the City of Beaumont other than a street, alley, parkway, sidewalk or other area dedicated, identified or used as a public right-of-way.

Public right-of-way shall mean any public street, road, avenue, highway, named or unnamed alley, lane, court, place, trail, parkway, sidewalk or other public way, operated and/or controlled by the city or other public entity, or subject to an easement owned by or dedicated or granted to the city.

Residential means any area zoned or used exclusively as residential in the city.

Special event means any temporary event, as further described herein, whether indoors or outdoors, or on improved or unimproved public or private property, which is inconsistent with the permanent use to which the property may legally be put, or the occupancy levels permitted thereon. Special event shall also refer to any activity that may result in the closure of any public streets, or any activities which may temporarily require the installation of materials or devices using building, electrical, mechanical, plumbing, flammable or similar materials. Special events may include, but are not limited to, short-term events such as any show, circus, concert, festival, carnival, dance open to the public, exhibition, lecture, auction, rave, boxing match, wrestling match, walk-a-thon, 8

marathon run, cycling event, sporting event, permitted film production event, farmers' market, pumpkin patch, outdoor sales, including, but not limited to, vehicle sales, or any combination thereof which members of the public are invited for free or admitted for a fee. All special events shall be classified under one of the following categories:

1. Tier 1 — Micro Special Events (Less than 499 attendees): Small, intimate events with little to no City oversight, such as neighborhood block parties, weddings, or small religious ceremonies.

2. Tier 2 — Minor Special Events (500-999 attendees): Community fairs, school carnivals, or 5K runs that may require limited City coordination.

3. Tier 3 — Intermediate Special Events (1,000-2,499 attendees): Medium-sized concerts, festivals, or athletic tournaments requiring moderate City resources and interdepartmental coordination.

4. Tier 4 — Major Special Events (2,500+ attendees): Parades, citywide celebrations, and multi -day festivals requiring extensive City resources and oversight.

5.72.040 - Clearances, inspections, permit, and license required.

No person shall conduct a food truck operation within the City of Beaumont, without first obtaining a business license, inspection of exhaust system, including hood, grease -removal devices, fans, ducts, and other appurtenances, fire protection systems and devices, and fuel gas systems pursuant to Section 4107 of the California Fire Code, and submitting a certification statement with wet signature stating food truck compliance with Wastewater disposal and discharge provisions pursuant to Beaumont Municipal Code Chapter 13.09, and food truck permit from the City pursuant to this chapter, Title 5 Business, Taxes, Licenses and Regulations, and if necessary, the provisions of the Beaumont Municipal Code Chapter 9.03 Regulation of Special Events, except in the following situations:
1 No food truck permit shall be required when the food truck activity is associated with the operation of a city -permitted special event and subject to the conditions thereof.

The following requirements must be provided to the City prior to issuance of the business license and food truck permit:
1 A copy of the county health permit for each food truck operating in the City.

2. Proof that the food truck operator possesses a valid California Department of Tax and Fee Administration seller's permit which notes the city as a location or sublocation, which shall be maintained for the duration of the operator's food truck permit. 3 Proof of public liability insurance and property damage insurance, including general commercial liability coverage in an amount not less than $1,000,000.00.

A.

A copy of the business license and food truck permit shall be displayed in conspicuous view, on each food truck, at all times while business is conducted.

B.

Business licenses and food truck permits are non -transferable. Any change in ownership or operation of a food truck requires a new business license and food truck permit as set forth in this chapter.
9

5.72.050 - Health permit required.

It is unlawful for any person to engage in the activity of operating a food truck in the City of Beaumont without a valid permit, certificate, or other authorization as required by the County of Riverside Department of Environmental Health. A copy of said permit shall be kept in the food truck and shall be visible at all times. All food products sold or provided from a food truck shall comply with all applicable food labeling requirements established by the State of California. a. Annual inspections of all food trucks operating in the City shall be required to verify business license, health department permit and food truck permit validity. b. More than three reports of food borne illness are grounds for revocation of the business license and food truck permit.

5.72.060 - General operational standards for food trucks.

1. Food trucks shall not operate on public streets unless approved by a food truck permit.

2. Food trucks shall not operate in residential areas as defined in this chapter unless as part of an approved special event.

3. No food truck shall operate within one full street block in all directions from the subject property boundary of a restaurant located within a building unless affiliated with an established restaurant of the same name within an approved building in operation and no required parking shall be used for staging.

4. No food truck shall operate within one full street block in all directions from the subject property boundary of any off-street food truck event or city -permitted special event or activity.

5. No operator shall operate within one full street block in all directions from the subject property boundary of a school, park, community center or public playground facility; provided, however, that operation at or near a city park is permissible when it has been approved by the city in conjunction with an approved special event or otherwise authorized by facility use application/reservation approved by the Director of Community Services.

6. No operator shall permit the food truck to vend within 50 feet of a crosswalk.

7. Food trucks shall not operate on any undeveloped lot within the city except as part of a city - permitted special event.

8. No food truck shall operate before 6:00 a.m. or after 12:00 a.m., including setup and clean-up, except as approved by a special event permit or during the operating hours of a commercial or industrial facility being served.

9. The operation shall comply at all times with the City's Noise Control Ordinance, Chapter 9.02, of the Beaumont Municipal Code.

10. No temporary lighting shall be provided on the site where the food truck is operating, except that localized lighting may be used on or in the food trucks for the purpose of inside food preparation and menu illumination.

11. No signage other than that exhibited on the food truck may be displayed at the site where the food truck is operating. The prohibition shall include any handheld signage, handbills, or flyers.

12. No sales or service of alcohol shall be permitted unless approved as part of a special event.

13. Food trucks shall provide refuse and recycling containers during all hours of food truck operations. Food truck operators shall remove all refuse and refuse containers upon the close of operation daily for disposal or more frequently if needed. 10

14. Food truck operations shall consist only of service from the food truck itself. No canopies, tables, chairs or other accommodations shall be allowed unless approved as part of a private property or special event permit.

15. The food truck operator shall properly dispose of solids or liquids consistent with applicable law and shall not dispose of solids or liquids by discharging such solids or liquids into the public right-of-way or storm drains.
a. Proof of a recycling, dump receipt or haul -off receipt shall be provided at the required annual inspection.
b.

Proof of food truck storage at an approved commissary location is required with sufficient evidence to certify permission to store and maintain food truck and/or make use of a grease interceptor.

5.72.070 - Food trucks on private property.

The following standards apply to food truck operations for more than four hours within any 24 - hour period on private property and are in addition to the general operational standards included in this chapter:

1. Food trucks may operate on private properties pursuant to notarized permission of the property owner, approval of a food truck permit or a special event permit, The four-hour time period is cumulative for all time that the food truck is operating on private property in each 24 -hour period and does not start over by moving the food truck to another parking space or area on the same private property or closing the sales window between sales. The four-hour limit does not include set-up or clean-up time, provided that the food truck is not vending or not ready to serve customers during set-up or clean-up and the following additional minimum standards and conditions:

2. The food truck must be parked entirely on paved portions of the private property.

3. A minimum of two off-street parking spaces shall be provided for each food truck. The parking required herein shall not be reserved, encumbered, or designated to satisfy the off-street parking of another business or activity that is operating on the site at the same time as the food truck.

4. Additional separate refuse and recycling containers shall be provided on -site during all hours of food truck operations. Food truck operators shall remove all refuse and refuse containers upon the close of operation daily for disposal or more frequently if needed.

5. No overnight parking of food trucks shall be allowed on the permitted vending site located on the private property.

6. Uncovered seating area may be provided to serve patrons of the food truck on private property in conjunction with a food truck permit or special event permit. All seating areas shall be removed prior to close of business for the day. The seating shall be located in an area of the site that is not landscaped, reserved, encumbered, or designated to satisfy the off-street parking of a business or activity that is operating at the same time as the food truck, and shall not obstruct any pedestrian or vehicular traffic or impede line of sight.

7. No person shall discharge, or cause to be discharged, any wastewater from food service establishments or food trucks, directly or indirectly, into the sewer system without first obtaining a wastewater discharge permit pursuant to Beaumont Municipal Code Chapter 13.09.

5.72.080 - Food trucks on public right-of-way.

The following standards apply to food truck operations in the public right-of-way and are in addition to the general operational standards included in this chapter:

1. 11

Food trucks may only operate on a public right-of-way where not otherwise prohibited, on roadway classifications with speeds conducive to traffic safety including downtown streets, secondary streets, secondary frontage, industrial collector streets while parked in a legal parking space.

2. Food trucks shall be parked directly adjacent to a paved sidewalk, free and clear for pedestrian passage.
3 Food service shall be limited solely to that side of the food truck facing the adjacent sidewalk. No food truck may dispense food street side.

4. No food truck may operate on the same block for longer than four hours. Food truck operator shall furnish the location in compliance with operational standards. The four-hour time period is cumulative for all time that the food truck is operating on the same block in each 24 -hour period and does not start over by moving the food truck to another parking space on the same block or closing the sales window between sales. The four-hour limit does not include set-up or clean-up time, provided that the food truck is not vending or not ready to serve customers during set-up or clean-up.

5.72.090 - Fees.

Food truck permit fees shall be based on staff time required for processing and shall be in addition to the cost for a business license and other applicable fees. Fees are subject to change based on review and modification by City Council.

5.72.100 - Term and renewal.

All food truck permits are subject to the terms of approval at the time of issuance. Any modification to the food truck permit shall require a new food truck permit to be filed. Business license term and renewal are subject to Title 5 Business Taxes, Licenses and Regulations of the Beaumont Municipal Code.

5.72.110 - Revocation.

Any food truck permit may be revoked by the city manager, or the city manager's designee for good cause shown including but not necessarily limited to any of the following reasons:
a.

Citation for operator's third or subsequent violation of the requirements set forth in this article. b.

Falsification of any information supplied by the food truck operator upon which issuance of the food truck permit was based.
c.

Failure of the food truck operator, or any employees or subcontractors of the operator, to comply with the regulations set forth in this article.
d.

Conviction of a violation, or plea of guilty or nolo contendere, by the food truck operator, or any employee, subcontractor or independent contractor of the permittee, of any federal or state law, or 12

municipal ordinance while in the course of conducting food truck activity pursuant to the food truck permit.
e.

Conviction of a violation, or a plea of guilty or nolo contendere, by the food truck operator of any applicable provision or requirement of this section.
f.

Conviction of, or a plea of guilty or nolo contendere, by the food truck operator of any misdemeanor, or conspiracy to commit, or attempt to commit, the same, which is a crime of moral turpitude or a crime that is violent or sexual in nature, as defined by state and/or local law. g.

No food truck operator whose food truck permit is revoked shall be eligible to apply for a new food truck permit for a period of one year following such revocation.

In the event of a food truck operator who owns more than one truck, the revocation shall apply to the food truck permit for each truck.

Revocation of a business license is subject to the provisions in Title 5 Business Taxes, Licenses and Regulations of the Beaumont Municipal Code.

5.72.120 - Appeals.

Appeal of a food truck permit revocation or denial is subject to the following:

A.

Any applicant may appeal the final decision of the administrative authority or the revocation of a permit granted pursuant to this Chapter to the City Council within two days thereafter. Appeals shall be filed with the City Clerk, either by personal service, fax or first class mail (postage prepaid). Any such appeal shall set forth the reasons for the appeal and shall be accompanied by an appeal filing fee. The appeal filing fee shall be established by the City Council by resolution.

Failure of any person to receive written notice shall not invalidate same. The City Council shall act upon the appeal at the next regularly scheduled council meeting held more than five working days and less than ten working days after the filing of the appeal. If no such meeting is scheduled, or if a regularly scheduled meeting is not held within such times, the mayor may call a special City Council meeting to consider and act upon such appeal within ten working days after the filing of such appeal. The decision of the City Council regarding such an appeal shall be fmal.

B.

If there is insufficient time for a timely appeal to be heard by the City Council prior to the date on which the proposed use event or activity is scheduled, the applicant may, at his or her option, request an appeal before the City Manager or a neutral hearing officer. Any such appeal shall set forth the reasons for the appeal and shall be accompanied by an appeal filing fee. The appeal filing fee shall be established by the City Council by resolution. Upon request for an appeal, the City Manager or neutral hearing officer, shall hold a hearing no later than two working days after the filing of the appeal but in any case before the date of the proposed event or operation start date, and will render his or her decision no later than one working day after hearing the appeal but in any case before the date of the proposed event or operation date. Upon such appeal, the City Manager or neutral hearing officer may reverse, affirm or modify in any regard the determination of the administrative authority or impose any conditions upon approval that the administrative authority could have imposed. The decision of the City Manager or neutral hearing officer regarding such an appeal shall be final.

Appeal of a special event permit decision is subject to the provisions in Chapter 9.03 Regulation of Special Events of the Beaumont Municipal Code.
13

Appeal of a business license decision is subject to the provisions in Title 5 Business Taxes, Licenses and Regulations of the Beaumont Municipal Code.

SECTION 8. Effective Date and Publication. The Mayor shall sign, and the City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within 15 days after adoption in accordance with Government Code Section 36933. This Ordinance shall take effect 30 days after adoption.

NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Beaumont, California, approves an amendment to the City Code.

INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the 2nd day of December 2025, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the 16th day of December 2025.

AYES:

NOES:

ABSENT:

ABSTAIN:

Jessica Voight, Mayor
Attest:

Elaine Morgan, City Clerk
Approved as to form:

Phaedra Norton, City Attorney
14

BEAUMONT
-C A L I F O R N A -
Staff Report
TO: City Council
FROM: Steven D. Jones, Community Development Director
DATE: December 16, 2025
SUBJECT: Second Reading of an Ordinance Amending Chapter 8.54 of the Beaumont Municipal Code to Expand Regulation of Vacant and Abandoned Properties
Description: Second reading of an ordinance amending Title 8 "Health and Safety" of the Beaumont Municipal Code pertaining to expanding regulations for vacant and abandoned properties citywide.

Background and Analysis:

On October 21, 2025, City Council provided direction to staff for the expansion of registration of abandoned and foreclosed residential properties to streamline violation abatement and access control, increase owner accountability and contact responsiveness, and discourage long-term vacancy and blight citywide.

On December 2, 2025, the proposed ordinance was introduced to the public for a first reading. The ordinance expands the vacant and abandoned property registry requirement to include commercial, industrial, and other non-residential properties.

Fiscal Impact:

The cost to prepare this report was $150. The proposed amendments would not result in any significant fiscal impact other than additional staff time which would be offset through revenue generated from registration fees.

Recommended Action:

Adopt by title only, "An Ordinance of the City Council of the City of Beaumont, California, Amending Chapter 8.54 of the Beaumont Municipal Code to Expand Registration and Maintenance Requirements for Vacant and Abandoned Properties to Include All Property Types."
Attachments:

A. Ordinance

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, AMENDING CHAPTER 8.54 OF THE BEAUMONT MUNICIPAL CODE

TO EXPAND REGISTRATION AND MAINTENANCE REQUIREMENTS FOR

VACANT AND ABANDONED PROPERTIES TO INCLUDE ALL PROPERTY TYPES

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS:

SECTION 1. CEQA. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act (CEQA) pursuant to 15061(b)(3), CEQA review is not required because there is no possibility that this Ordinance may have a significant effect upon the environment, the proposed text amendments constitute a minor alteration in a land use limitation under CEQA Guidelines Section 15305, and such a land use limitation is a permissible exercise of the City's zoning powers.

SECTION 2. Severability. The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences, or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the Ordinance enforced.

SECTION 3. Prosecution of Prior Ordinances. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the City of Beaumont Municipal Code, committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof.

SECTION 4. Findings. The City Council hereby finds that vacant and abandoned properties, whether residential, commercial, industrial, or mixed -use, often attract illegal dumping, vandalism, trespass, and other public nuisances.

SECTION 5. Chapter 8.54 currently regulates only abandoned or foreclosed residential properties.

SECTION 6. Expanding the program to include all property types will protect property values, promote public safety, and streamline enforcement.

SECTION 7. Amendment to Beaumont Municipal Code Chapter 8.54. Chapter 8.54 is hereby amended as follows (new language in red, deletions in strikeout):

Chapter 8.54

REGULATION OF VACANT AND ABANDONED PROPERTIES AND PARCELS 1

Sections:

8.54.010 Findings

8.54.020 Purpose

8.54.030 Definitions

8.54.040 Registration/fees

8.54.050 Security requirements

8.54.070 Enforcement, violations and penalties

8.54.010 Findings. The City Council finds that vacant, abandoned and distressed parcels and properties pose a risk to the public peace, health and safety of the citizens of the City of Beaumont because the detrimental effects from the lack of security and maintenance of abandoned and distressed properties include dangerous attractive nuisances, increased opportunities for crimes such as squatting, vandalism and burglaries, discouraging buyers from purchasing neighboring homes, lowering property values, illegal dumping and physical and economic blight. This chapter shall be known as the "Vacant and Abandoned Property Registration Program.

8.54.020 - Purpose.

The purpose of this Ordinance is to establish uniform and reasonable regulations to prevent the detrimental effects associated with abandoned and distressed residential properties.

8.54.030 Definitions. As used in this Ordinance, the following terms shall have the following meanings:

A.
"Abandoned Property" a property that is vacant and is under a current Notice of Default and/or Notice of Trustee's Sale, pending Tax Assessor's Lien Sale, or a property that has been the subject of a foreclosure sale where the title was retained by or transferred to the beneficiary of the deed of trust involved in the foreclosure, or a property transferred under a deed in lieu of foreclosure/sale, or property that is unoccupied and shows evidence of neglect, disrepair, or lack of maintenance, creating a public nuisance.

B.
"Neighborhood Standard" those conditions that are present on a simple majority of properties within a 300 -foot radius of an individual abandoned property. An abandoned property that is the subject of a neighborhood standard comparison, or any other abandoned property within the 300 - foot radius, shall not be counted toward the simple majority.

C.
"Out -of -Area" shall mean in excess of 40 road/driving miles distance of the subject property.

D.
"Owner" any person, co -partnership, association, corporation or fiduciary having a legal or equitable title or any interest in any real property.

E.
"Property" means any parcel of real property, improved or unimproved, of any zoning or use type - residential, commercial, industrial, or mixed -use.
2

F.
"Vacant" means a structure or lot or parcel that is unoccupied or not actively maintained for 90 consecutive days.

8.54.040 Registration/fees. A. Abandoned properties. Any beneficiary/trustee who holds a deed of trust on a property located within the City of Beaumont shall perform an inspection of the property that is the security for the deed of trust upon default by the trustor and prior to recording a Notice of Default in the Riverside County Recorder's Office.

1.If the property is found to be abandoned or shows evidence of abandonment, it shall be deemed abandoned and the beneficiary/trustee shall, within ten days of the inspection, register the property with the Community Development Department on forms provided by the Department.

2. The registration shall contain the name of the beneficiary/trustee (corporation or individual), the direct street/office mailing address of the beneficiary/trustee (no post office box numbers), a direct contact name and phone number for the beneficiary/trustee and, in the case of a corporation or out - of -area beneficiary/trustee, the name, address and telephone number of the local property maintenance company responsible for the security, maintenance and marketing of the property.

Any change of the information in the registration required hereunder shall be reported within ten days of the change.

3. An annual registration fee shall accompany the registration form. The registration fee amount is listed in the currently adopted Beaumont Fee Schedule. The fee and registration shall be valid for the calendar year, or the remaining portion of the calendar year, in which the registration was initially required. Subsequent registrations and fees are due January 1 of each year and must be received no later than January 31 of the year due. Registration fees will not be prorated.

4. Abandoned properties shall remain subject to the annual registration, maintenance, security and sign requirement of this Ordinance as long as they remain abandoned.

5. If the Department receives a complaint against the registered property, an inspection fee set forth in the Beaumont Fee Study shall be charged for each inspection performed by the City.

B. Vacant Properties. The legal owner or beneficiary of any vacant property property with the City within 30 days of vacancy or notice Registration shall include:

1. Name, mailing address, telephone number, and email of the owner and a party/agent authorized to act 24/7.

2. Evidence of current liability insurance.

3. Payment of an annual registration fee as adopted by City Council resolution.

4. Any change.
shall register the
by the City.
local responsible

8.54.050 - Maintenance requirements.

Abandoned properties shall be maintained in a manner comparable to the neighborhood standard.

At a minimum:

A.

Abandoned properties shall be maintained so as to be kept free of evidence of vacancy. 3

B.

Abandoned properties shall be maintained free of graffiti by removal or painting over with an exterior grade paint that matches the color of the exterior of the structure.

C.

Maintenance of abandoned property shall include landscape maintenance of visible front and side yards.

D.

Pools and spas shall either be kept in working order so the water remains clear or drained and kept dry. In either case, properties with pools and/or spas must comply with the minimum security fencing requirements of the State of California.

E.

Adherence to the foregoing requirements do not relieve the beneficiary/trustee or property owner of any obligations under any covenants, conditions and restrictions and/or homeowners association rules and regulations which may apply to the abandoned property.

8.54.060 - Security requirements.

Abandoned properties shall be secured with such measures as may be directed by a City Code Enforcement Officer that assist in rendering the property inaccessible to unauthorized persons. In the case of broken windows, "secured" includes re -glazing or boarding of such windows. Boarding shall be completed to a minimum of the current HUD securing standards in effect at the time the boarding is completed or required, and shall additionally require that all boards be painted with a durable, exterior -grade paint in a color that matches and is maintained in the primary color of the existing structure to ensure secured property, visual consistency, and weather protection.

8.54.070 - Enforcement, violations and penalties.

The City Code Enforcement Officer shall have the primary responsibility for enforcing this Ordinance. Violations of this Ordinance shall be treated as a strict liability offense regardless of intent. Nothing herein shall prevent the Code Enforcement Officer from engaging in efforts to obtain voluntary compliance by means of warnings, notices or educational programs.

Administrative fines for each violation shall not exceed the amounts set forth in Section 1.16.030 of the Beaumont Municipal Code.

If the violation is not corrected, additional administrative citations may be issued for the same violation. The amount of the administrative fine shall increase at the rate specified above; provided, however, that the administrative fines shall not exceed $1,000.00 for each day, or portion thereof, that the violation continues to exist.

The administrative fines assessed hereunder shall be payable to the City of Beaumont. Payment of administrative fines shall not excuse the failure to correct the violation, nor shall payment be a bar to further enforcement action.

SECTION 8. Effective Date and Publication. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within 15 days after adoption in accordance with Government Code Section 36933. 4

NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Beaumont, California, approves an amendment to the City Code.

INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the 2nd day of December 2025, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the 16th day of December 2025.

AYES:

NOES:

ABSENT:

ABSTAIN:

Jessica Voigt, Mayor
Attest:

Nicole Wheelwright, Deputy City Clerk
Approved as to form:

John Pinkney, City Attorney
5

BEAUMONTA O R N -
Staff Report
TO: City Council
FROM: Thaxton Van Belle, Director of Water Reclamation
Sunshine Sanchez, Management Analyst
DATE December 16, 2025
SUBJECT: Follow -Up Report No. 17 — Local State of Emergency - Sewer Mainline Failure and Emergency Repairs in Fairway Canyon
Description City is retroactively pursuing environmental permits due to local emergency caused by the sewer mainline failure in Fairway Canyon. A resolution to re - ratify the declared state of local emergency is needed.

Background and Analysis:

On March 3, 2025, City staff were notified of a major sewer mainline failure in the Fairway Canyon community caused by slope erosion behind Hogan Drive homes. The incident led to a manhole collapse and subsequent 15 -inch sewer mainline failure, resulting in a raw sewage spill and the need for emergency response measures.

On March 4, 2025, City Council adopted a Resolution titled, "A Resolution Of The City Council Of The City Of Beaumont Declaring A Local Emergency And Authorizing The City Manager To Take Necessary Action", which authorized emergency expenditures in an amount not to exceed $500,000, directed staff to provide ongoing reports at each subsequent City Council meeting under California Public Contract Code Section 22050, and authorized the City Manager to take all necessary actions to mitigate further damage and ensure public health and safety.

On March 18, 2025, staff brought a follow-up status report regarding the emergency repairs in Fairway Canyon. No action was taken, but updated pictures were provided, along with an estimated amount of $21,000 that has been expended.

On April 1, 2025, staff brought a follow-up status report regarding the emergency repairs in Fairway Canyon. The full financial impact to date was $432,101 including requisitions added and costs on bypass pumping, equipment, and fuel. Staff were approved for an additional $500,000 to increase the total allocation to $1,000,000 to cover the costs for repairs.

On April 15, 2025, staff provided a follow-up regarding the emergency repairs in Fairway Canyon, which included construction progress updates with pictures and expenditures paid to date.

On May 6, 2025, staff provided an update on construction activity with pictures of completed items.

On June 3, 2025, the City Council re -ratified the Local Emergency Declaration through a second resolution.

On June 17, 2025, staff provided an update to the City Council that, on the recommendation of legal counsel, the emergency status remains open while the City pursues environmental permits retroactively.

On July 15, 2025, the City Council re -ratified the Local Emergency Declaration through a third resolution.

On August 19, 2025, the City Council re -ratified the Local Emergency Declaration through a fourth resolution.

On September 2, 2025, staff provided the City Council with an update on pursuing environmental permits retroactively.

On September 16, 2025, the City Council re -ratified the Local Emergency Declaration through a fifth resolution.

On October 7, 2025, staff provided the City Council with an update on pursuing environmental permits retroactively.

On October 21, 2025, the City Council re -ratified the Local Emergency Declaration through a sixth resolution.

On November 4, 2025, staff provided the City Council with an update on pursuing environmental permits retroactively.

On November 21, 2025, the City Council re -ratified the Local Emergency Declaration through a seventh resolution.

On December 2, 2025, staff provided the City Council with an update on pursuing environmental permits retroactively.

Staff are currently coordinating with applicable agencies for permitting. Varco & Rosenbaum are included in the resolution as part of the City's continued efforts to secure the necessary environmental permits and comply with regulatory requirements.

The costs are displayed in the table below:

Expenditures as of December 8,
2025
Total Budget
Amount
Spent
Remaining
Budget
Fuel for bypass pumps
$2,972.00
Miscellaneous equipment
$1,168.00
Electrical
$8,627.00
Charles King (Bypass pumps)
$23,552.00
Weaver Grading
$354,500.00
Legal Services*
$34,570.00
State Water Resources Control
Board
$4,212.00
Tory R. Walker
$9,220.00
Environmental Law Group -Varco &
Rosenbaum**
$167,786.00
Total
$1,000,000.00
$606,607.00
$393,393.00
*Legal Services refer to those provided by the city attorney's office (SBEMP). **Varco & Rosenbaum provide specialty environmental law services and include charges from Rincon and Walker prior to the City's direct engagement with Rincon and Walker.

Fiscal Impact:

Legal and consulting services provided by Varco & Rosenbaum, totaling $167,786 to date, have been charged to accounts 100-1300-7068-000S and 700-4050-7068-0000.

On September 2, 2025, the City entered into separate agreements with Walker and Rincon, which will be charged to 700-4051-7900-0000.

Total expenditures remain within the budget and authority approved by the City Council during the emergency declaration.

The estimated cost to prepare this staff report is $150.

Recommended Action:

Waive the full reading and adopt by title only, "A Resolution of the City Council of the City of Beaumont Extending the Declaration of a Local Emergency and Authorizing the City Manager to Take Necessary Action."

Attachments:

A. Resolution Re -ratifying State of Emergency

RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT,

CALIFORNIA, RE -RATIFYING AND EXTENDING THE LOCAL EMERGENCY

DECLARED DUE TO THE SEWER MAINLINE FAILURE IN FAIRWAY CANYON WHEREAS, on March 3, 2025, the City of Beaumont experienced a significant sewer mainline failure in the Fairway Canyon community caused by slope erosion behind Hogan Drive homes, resulting in a collapsed manhole, raw sewage spill, and public safety concerns; and
WHEREAS, on March 4, 2025, the City Council adopted Resolution No. 2025-06 declaring a local emergency and authorizing the City Manager to take all necessary actions to address the emergency and protect public health and safety, including emergency expenditures up to $500,000; and
WHEREAS, on April 1, 2025, the City Council adopted a Resolution Re -Ratifying State of Emergency and authorized an increase in emergency expenditures to a total of $1,000,000 to continue emergency repair and response operations; and WHEREAS, the City Council has received periodic follow-up reports on the status of repairs and expenditures, including on March 18, April 1, April 15, and May 6, 2025; and
WHEREAS, the emergency sewer repair work has been completed, including removal and replacement of damaged infrastructure, restoration of sidewalks, and reinstallation of landscaping; and
WHEREAS, on June 3, 2025, the City Council re -ratified the Local Emergency Declaration through a second resolution; and
WHEREAS, on June 17, 2025, staff provided an update to the City Council that, on the recommendation of legal counsel, the emergency status remains open while the City pursues environmental permits retroactively.

WHEREAS, on July 15, 2025, staff provided an update to the City Council and re -ratified the Local Emergency Declaration through a third resolution.

WHEREAS, on August 19, 2025, staff provided an update to the City Council and re -ratified the Local Emergency Declaration through a fourth resolution.

WHEREAS, on September 2, 2025, staff provided an update to the City Council that, on the recommendation of legal counsel, the emergency status remains open while the City pursues environmental permits retroactively.
1

WHEREAS, on September 16, 2025, staff provided an update to the City Council and re -ratified the Local Emergency Declaration through a fifth resolution.

WHEREAS, on October 7, 2025, staff provided an update to the City Council that, on the recommendation of legal counsel, the emergency status remains open while the City pursues environmental permits retroactively.

WHEREAS, on October 21, 2025, staff provided an update to the City Council and re -ratified the Local Emergency Declaration through a sixth resolution.

WHEREAS, on November 4, 2025, staff provided an update to the City Council that, on the recommendation of legal counsel, the emergency status remains open while the City pursues environmental permits retroactively.

WHEREAS, on November 18, 2025, staff provided an update to the City Council and re -ratified the Local Emergency Declaration through a seventh resolution.

WHEREAS, on December 2, 2025, staff provided an update to the City Council that, on the recommendation of legal counsel, the emergency status remains open while the City pursues environmental permits retroactively.

NOW, THEREFORE, BE IT RESOLVED BY THE BEAUMONT CITY COUNCIL AS FOLLOWS:

Section 1. The City Council hereby continues and reaffirms the local emergency declaration originally adopted on March 4, 2025, and re -ratified on April 1, 2025, June 3, 2025, July 15, 2025, August 19, 2025, September 16, 2025, October 21, 2025, and November 18, 2025.

Section 2. The local emergency shall remain in effect until such time as the Council determines that the emergency conditions have been abated.

Section 3. This Resolution shall take effect immediately upon its passage and adoption.

MOVED, PASSED, and ADOPTED this 16th day of December 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

By:

Jessica Voigt, Mayor
2

City of Beaumont
ATTEST:

By:

Nicole Wheelwright, Deputy City Clerk
City of Beaumont
3

BEAUMONT
-C A L I F O R N A -
Staff Report
TO: City Council
FROM: Jennifer Ustation, Finance Director
Marcia Mason, Budget Analyst
DATE: December 16, 2025
SUBJECT: FY 2026-2027 Budget Timeline
Description: Review and provide direction on proposed FY 2026-2027 budget timeline.

Background and Analysis:

The City of Beaumont prepares an annual operating budget and updates its Five -Year Capital Improvement Program (CIP) budget each year. The process generally begins in December or January and must be adopted by the City Council by June 30th of each year.

The Finance Department is beginning to coordinate the preparation of the FY 2026-27 City Operating Budget and will coordinate with the Public Works Department, who leads the preparation of the CIP. The proposed timeline for the preparation and approval of the operating budget is provided below and is also depicted on the attached timeline:
• December
o Dec 16:
• January
o Jan 12:
o Jan 21:
o Jan 26:

Present proposed timeline to City Council for review.

Budget kickoff meeting with departments.

City Council Meeting: Review and revise Strategic Plan.

Financial and Audit Committee Meeting — Review revenue
planning and long-term forecast.
• February
o Feb 20: Personnel & Operating budget requests deadline entry into Euna. o Feb 20: Capital request deadline entry into Euna.
o Feb 23: Capital request review.
o Feb 24-27: Finance reviews budget submissions.
• March
o Mar 2-13: City Manager and Finance meet with departments to discuss and review budgets and expiring contracts and grants.

• April
o Apr 3:
o Apr 21:
• May
o May 5:
• June
o Jun 2:
o Jun 16:

Deadline for departments to verify their budget book in Euna.

City Council Workshop (Special Meeting) — City Council to receive departmental budget presentation and proposed CIP.

Tentative City Council Meeting — Saved for City Council additional information request.

City Council Meeting - Final budget to City Council for approval and adoption.

City Council Meeting - Presentation of budget book and budget message to City Council.

Fiscal Impact:

The estimated cost to prepare this report is $285.

Recommended Action:

Receive and file.

Attachments:

A. FY 2026-2027 Budget Timeline

FY 2026/27 BUDGET CALENDAR
December 16
AM
Description
Council Meeting Present proposed timeline to City Council for review January 12
Budget Kickoff Meet with Department Managers to discuss timeline and process Jan 12 - Feb 20
Operating Budget Deadline Departmental operating budget entry and forms due to Finance January 20
Council Meeting Review and revise Strategic Plan
January 26
Finance Committee Meeting Revenue planning and long-term forecasting review February 20
Operating Budget Tools Deadline to submit Personnel & Operating budgets into Euna by departments February 20
Capital Request Deadline Deadline to submit capital budget requests into Euna by departments February 23
Capital Request Review CIP meeting to review capital budget requests February 24-27
Budget Submission Review Finance reviews budget submissions Mar 2 - Mar 13
Admin Budget Review City Manager and Finance to hold departmental budget review meetings April 3 Budget Book Entry Deadline Deadline for departments to verify their budget book in Euna April 21
Council Workshop City Council to receive departmental budget presentations and proposed CIP May 5
Council Meeting Tentative: Bring back any request from budget workshop June 2
Budget Adoption Final budget to City Council for approval and adoption of FY26/27 budget June 16
Budget Book and Message Presentation of budget book and budget message to City Council June 16
Reqisition and Rollover list Final budget to City Council for approval and adoption of FY26/27 budget

BEAUMONTA O R N -
Staff Report
TO: City Council
FROM: Jennifer Ustation, Finance Director
DATE: December 16, 2025
SUBJECT: FY2024-2025 Annual AB 1600 Compliance Report
Description: Government Code Section 66006 requires cities that impose impact fees to render an annual accounting of the fees and to provide findings that support the retention of any fees that have been held more than five years and remain unexpended or have not been committed to projects. Government Code Section 66001 requires that cities that impose impact fees must make certain findings described in section 66001(d)(1) every five years as a component of the annual report.

Background and Analysis:

Government Code Section 66006 requires cities imposing impact fees to undertake an annual accounting of such fees and that the accounting be made available for public review. The accounting must provide the beginning and ending balances for the fiscal year, receipts, disbursements, interest earned and any other income that was received.

The report must also include a description of how the fees were expended during the fiscal year. If fees are unexpended, whether committed or uncommitted for a period of five or more years, the report must include a finding regarding the continuing need for the fees. If a continuing need cannot be shown, State law requires that the City refund the unused, uncommitted fees. The City's report contains no such instances of Development Impact Fees that remain unexpended and uncommitted.

The attached Annual AB 1600 Compliance Report is for the fiscal year ended June 30, 2025, and has been prepared in compliance with the California Government Code Section 66006 regarding the annual accounting for impact fees.

This report does not include any findings that require the return of unexpended or uncommitted DIF fees. This report does make a finding for continuing to hold previously collected development impact fees since all funds collected and held by the City as of June 30, 2025, within each of the respective Development Impact Fee funds, have been designated for specific capital projects, or balances were included in the Development Impact Fee Study Final Report approved by the City Council on November 5, 2024, and the Capital Improvement Plan approved within that report.

Government Code Section 66001 (d)(1) requires that at least every five years certain findings are made with respect to each impact fee that is assessed. The following information is provided to satisfy the four requirements of this code section:
(A) Identify the purpose to which the fee is to be put — The purpose of the development impact fee program is to ensure that new development is paying its share of the transportation infrastructure and facility costs associated with the growth resulting from that development. The program includes projects related to Street Improvements, Traffic Signal Improvements, Fire Facilities, Police Facilities, Park Improvement, Recreation Centers, Basic Government Facilities, Interchange Improvements, and Sewer Facilities.
(B) Demonstrate a reasonable relationship between the fee and the purpose for which it is charged — The fees are based on the relationship between the needed infrastructure and facility costs associated with the growth resulting from new development.
(C) Identify all sources and amount of funding anticipated for incomplete improvements — Facilities to be funded from development impact fees are also funded by other sources including Gas Tax, Measure A, General Fund, Community Facilities, and Grant Funding. The specific funding sources utilized for each project depend on funds available at the time a project is moved forward.
(D) Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund — The receipt of funding and the construction improvements is dependent upon when undeveloped land remaining in the City is developed. Facilities constructed utilizing development impact fee funding are constructed when all required funding is available, and the City Engineer has determined that is appropriate for the project to move forward.

The last five-year report filed was the FY2023-2024 annual report.

Fiscal Impact:

There is no fiscal impact resulting from the recommended action; the information included in the staff report is provided to comply with State Law.

The estimated cost to prepare this report is $920.

Recommended Action:

Receive and file the Annual AB 1600 Compliance Report for FY 2024-25 in compliance with California Government Code sections 66006 and 66001; and, Approve the finding that staff has demonstrated a continuing need to hold unexpended Development Impact Fees.

Attachments:

A. Annual AB 1600 Compliance Report for Fiscal Year Ended June 30, 2025

City of Beaumont
Annual AB 1600
Compliance Report
For the Fiscal Year Ended
June 30, 2025

BEAAUMR N ONT
-C L I F O I A -

City of Beaumont
Annual AB1600 Compliance Report
For the Fiscal Year Ended June 30, 2025
Pursuant to Government Code Section 66006, the following report on the receipt, use and retention of development impact fees for fiscal year ended June 30, 2025 is hereby presented to the City Council for review and approval.

Fund Number / Fund Name
(Purpose)
Beginning Fund Balance
July 1, 2023
Receipts
Disbursements/
Transfers Out
Transfers In
Interest Earnings *
Ending Fund Balance
June 30, 2024
550
Alley In Leiu
Development Impact Fee
$ 7,032.71
$ -
$ -
$ 1,252.10
$ 8,284.81
552
Basic Services
Development Impact Fee
$ 1,193,509.06
$ 140,735.69
$ (908.69)
$ 58,177.90
$ 1,391,513.96
554
General Plan
Development Impact Fee
$ 262,150.44
$ 13,297.05
$ -
`
$ 12,163.69
$ 287,611.18
555
Recreation Facilities
Development Impact Fee
$ 2,959,965.64
$ 264,296.50
$ -
$ 140,261.85
$ 3,364,523.99
556
Traffic Impact
Development Impact Fee
$ 1,266,561.73
$ 60,274.73
$ (180,385.02)
$ 56,176.84
$ 1,202,628.28
557
Parkland
Development Impact Fee
$ -
$ 28,788.53
$ -
$ 506.98
$ 29,295.51
558
Railroad Crossing
Development Impact Fee
$ 2,431,181.44
$ 64,783.45
$ (126,287.33)
$ 107,617.24
$ 2,477,294.80
559
Police Facilities
Development Impact Fee
$ 2,087,989.95
$ 192,572.80
$ (265,099.23)
$ 93,605.63
$ 2,109,069.15
560
Fire Station
Development Impact Fee
$ 1,701,881.57
$ 77,887.92
$ (72,633.74)
$ 75,493.66
$ 1,782,629.41
561
Transportation
Development Impact Fee
$ -
$ 294,131.19
$ -
$ 3,090.55
$ 297,221.74
562
Road and Bridge
Development Impact Fee
$ 15,420,454.39
$ 170,069.65
$ (2,951,627.31)
$ 675,562.94
$ 13,314,459.67
563
Storm Drain
Development Impact Fee
$ -
$ 3,681.14
$ -
$ 47.11
$ 3,728.25
564
Recycled Water
Development Impact Fee
$ 4,752,948.08
$ 210,329.80
$ (283,928.63)
$ 213,108.18
$ 4,892,457.43
565
Trails
Development Impact Fee
$ -
$ 1,840.58
$ -
$ 23.56
$ 1,864.14
566
Emergency Preparedness
Development Impact Fee
$ 1,129,129.20
$ 145,850.91
$ -
$ 56,594.71
$ 1,331,574.82
567
Community Park
Development Impact Fee
$ 3,493,326.22
$ 48,715.97
$ (3,261,273.92)
$ 137,733.20
$ 418,501.47
568
Regional Park
Development Impact Fee
$ 1,894,922.68
$ -
$ (108,551.63)
$ 82,630.87
$ 1,869,001.92
569
Neighborhood Park
Development Impact Fee
$ 4,396,488.78
$ 59,213.88
$ -
$ 197,681.88
$ 4,653,384.54
570
Library District
$ -
$ 14,724.57
$ -
$ -
$ -
$ 14,724.57

Development Impact Fee
705-6005
Capacity Fees
Development Impact Fee
$ 8,552,225.11
$ 1,709,657.24
$ (1,606,192.75)
$ 505,977.07
$ 9,161,666.67
705-6010
Noble Creek
Development Impact Fee
$ 122,079.45
$ 23.88
$ 122,103.33
705-6015
Upper Potrero
Development Impact Fee
$ 93,178.79
$ -
$ 93,178.79
705-6020
Lower Potrero
Development Impact Fee
$ 641,664.04
$ 492.16
$ 642,156.20
705-6024
San Timoteo #1
Development Impact Fee
$ 95,141.43
$ 1,714.26
$ 96,855.69
705-6025
San Timoteo #2
Development Impact Fee
$ 159,411.84
$ -
$ 159,411.84
705-6026
San Timoteo #3
Development Impact Fee
$ 367,467.29
$ 1,693.58
$ 369,160.87
705-6030
Southern Trunk Main
Development Impact Fee
$ 300,079.23
$ 547.21
$ 300,626.44
705-6060
4th Street Extension
Development Impact Fee
$ 106,043.58
$ -
$ 106,043.58
* Interest Earnings include the GASB 31 required recognition of gain/loss on investments to market value as of Fiscal Year End.

The reservation of Fund Balance and disbursement information for each of the above funds is as follows:

Fund 550 - Alley In-Leiu
Transfers Out:

Refunds
Fund Balance Designations:

Future Alley In-Leiu Facilties
Interfund Loans
Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
Transfers Out:

City Hall Furniture
% Funded by
Impact Fees
None
2026 $ 8,284.81
None
None
See Note 2
Fund 552 - Basic Services Development Impact Fees
Refunds
Fund Balance Designations:

Future Public Facilities
Approximate Date
of Completion
% Funded by
Impact Fees
F-06 Completed $ 908.69 100%
Interfund Loans
Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
$ 908.69
None
$ 1,391,513.96
None
None
None

Fund 554 - General Plan Development Impact Fees
Transfers Out:

Refunds
Fund Balance Desic nations:

Future General Plan Update
Interfund Loans
Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
Transfers Out:

Refunds
Approximate Date
of Completion
Fund 555 - Recreation Facilities Development Impact Fee Fund Balance Designations:

Sports Park Field Lighting and Field Expansion
Nicklaus Park Field Lighting & Field Expansion
Future Recreation Facilities
Approximate Date
of Completion
% Funded by
Impact Fees
None
$ 287,611.18
None
None
None
% Funded by
Impact Fees
•
None
P-04 Jun -26 $ 300,000.00 21%
P-05 2028 $ 600,000.00 100%
$ 2,464,523.99
Interfund Loans
Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
Fund 556 - Traffic Impact Development Impact Fee
Transfers Out:

Citywide Traffic Signal
Capactiy
Citywide Traffic Signal
Capactiy
Cougar and Beaumont Ave
Traffic Signal
OVP and Palm Traffic Signal
Smart Technology
Intersections
Refunds
Fund Balance Designations:

Citywide Traffic Signal Upgrade & Capacity 23/24
Cougar and Beaumont Ave Traffic Signal
Traffic Signal at OVP and Palm Ave
Smart Technology Intersections
Penn & 1st Traffic Signal Upgrade
Future Traffic Signal Development
R-13
R-34
R25-06
R25-07
R25-08
R-34
R25-06
R25-07
R25-08
R25-03
Interfund Loans
Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
Approximate Date
of Completion
completed $
completed
Completed
Completed
Completed
Completed
Jun -25
Dec -25
Dec -25
Jun -26
Fund 558- Railroad Crossing Development Impact Fee
None
None
See Note 3
Funded by
Impact Fees
8,000.00
21,828.00
20,940.00 100%
56,947.02 100%
72,670.00 100%
180,385.02
None
$128,172.00
$329,060.00
$243,052.98
$227,330.00
$100,000.00
$ 175,013.30
None
None
See Note 4

Transfers Out:

Pennsylvania Ave/Grade Seperation
Refunds
Fund Balance Designations:

Pennsylvania Ave/Grade Seperation
2017-012
Interfund Loans
Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
Transfers Out:

New Police Station
Refunds
Approximate Date
of Completion
Fund 559- Police Facilities Development Impact Fee
Fund Balance Designations:

New Police Station
Future Police Station
PS -07
PS -07
Interfund Loans
Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
Transfers Out:

Fire Station 106
Fire Station 106 Equipment
Refunds
Fund Balance Designations:

Future Fire Station Facilities
$ 126,287.33
% Funded by
Impact Fees
$ 126,287.33
None
$
2030 $ 2,477,294.80
Approximate Date
of Completion
2030 $
$
Fund 560 - Fire Station Development Impact Fee
2017-028
F-05
Interfund Loans
Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
None
None
See Note 5
265,099.23
265,099.23
None
2030 $ 515,347.77
$ 1,593,721.38
Approximate Date
of Completion
completed
completed
Fund 562 - Road and Bridge Development Impact Fee
Disbursements:

Pennsylvania Ave
Penn Grade Seperation
Potrero Ph2
Oak Valley Pkwy Expansion
2nd Street Extension Construction
1st St Widening Feasibility
8th St Sidewalk Feasibility
2017-001
2017-012
2016-003
R-01
R-12
R25-04
R25-05
25%
% Funded by
Impact Fees
None
None
See Note 6
$ 47,415.02
$ 25,218.72
9%
% Funded by
Impact Fees
$ 72,633.74
None
$
$ 1,782,629.41
Approximate Date
of Completion
2035 $
2030 $
Sep -27 $
2028 $
Completed $
Completed $
Completed $
$
None
None
None
(18,794.50)
1,148,829.98
227,900.65
252.80
1,480,533.64
45,037.00
31,567.74
2,915,327.31
49%
100%
% Funded by
Impact Fees
100%
100%
28%
100`)/0
48%
Refunds

None

Fund Balance Designations:

Pennsylvania Ave
Pennsylvania Ave/UPR Grade Sep
2nd Street Extension
Oak Valley Pkwy Expansion
2nd Street Extension Construction
Potrero Interchange Ramps
1st St Widening Feasibility
8th St Sidewalk Feasibility
Downtown Revitalization Study
Future Transportation Facilities
2017-001 2035
2017-012 2030
2019-009 completed
R-01 2028
R-12 completed
2016-003PH2 Sep -27
R25-04 completed
R25-05 completed
R25-15 TBD
Interfund Loans
Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
Fund 564 - Recycled Water Development Impact Fees
Disbursements:

Recycled Water Study WW -14
Refunds
Fund Balance Designations:

Recycled Water Study
Future Recycled Water Facilities
WW -14
Interfund Loans
Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
Transfers Out:

No Disbursements
658,964.47
4,029,726.02
595,018.00
1,289,849.45
1,297,409.35
454,963.00
18,432.26
300,000.00
4,670,097.12
None
None
See Note 7
Approximate Date
of Completion
2027 $ 283,928.63
$ 283,928.63
Fund 566 - Emergency Preparedness Development Impact Fee Approximate Date
of Completion
% Funded by
Impact Fees
None
$ 1,659,757.91
$ 3,232,699.52
None
None
See Note 8
$
$
100%
Funded by
Impact Fees
Refunds None
Fund Balance Designations:

Future Emergency Preparedness Facilties $ 1,331,574.82
Interfund Loans
Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
Transfers Out:

Stewart Park
Fund 567 - Community Park Development Impact Fee
None
None
None
Approximate Date
of Completion
P-10 Aug -26 $ 3,261,273.92
$ 3,261,273.92
% Funded by
Impact Fees
Refunds None
Fund Balance Designations:

Stewart Park
Sports Park Playground Expansion
P-10
P25-05
Aug -26 $ 345,579.08
Jun -26 $ 711,365.00
$ (638,442.61)
Interfund Loans None

Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
Fund 568 - Regional Park Development Impact Fee
Transfers Out:

Sports Park Field Lighting
and Expansion
Nicklaus Park Field Lighting
and Expansion
Refunds
Fund Balance Designations:

Sports Park Field Lighting
and Expansion
Nicklaus Park Field Lighting
and Expansion
Sports Park Playground Expansion
Future Regional Park Facilities
P-04
P-05
P-04
P-05
P25-05
Interfund Loans
Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
Transfers Out:

Refunds
Approximate Date
of Completion
Jun -26 $
2028 $
$
None
See Note 9
4,053.64
Funded by
Impact Fees
21%
104,497.99 100%
108,551.63
Jun -26 $
2028 $
Jun -26 $
$
Fund 569 - Neighborhood Park Development Impact Fee
Fund Balance Designations:

Nicklaus Park Field Lighting
and Expansion
Future Workforce Development Projects
Approximate Date
of Completion
None
841,059.65
752,027.69
141,286.00
134,628.58
None
None
See Note 10
$
% Funded by
Impact Fees
$
None
P-05 2028 $ 1,349,000.00
$ 3,304,384.54
Interfund Loans
Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
Fund 570 - Library District Impact Fee
Transfers Out:

Refunds
Fund Balance Desic
Library Facilities
nations:

Interfund Loans
Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
Fund 705-6005 Capactiy Fee
Approximate Date
of Completion
None
None
See Note 11
$
% Funded by
Impact Fees
$
None
$
$ 14,724.57
None
None
See Note 11
Transfers Out:

Approximate Date
of Completion

% Funded by
Impact Fees

WW Treatment Plant
Expansion Debt Service
Mesa Force Main
Construction
Wastewater Treatment Plant
Improvements
Beaumont Highlands Sewer
Refunds
Fund Balance Designations:

Mesa Force Main
Construction
Mesa Lift Station Construction
WWTP Improvements
Upper Oak Pump Capacity Study
Sewer Improvements within City - Study
Beaumont Highlands Sewer Infrastructure Study
Future Capacity Projects
WW -04
WW -09
W W 24-01
WW25-14
WW -09
WW -11
W W 24-01
WW25-11
WW25-13
WW25-14
Interfund Loans
Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
Fund 705-6010 Noble Creek Development Impact Fee
Transfers Out:

No Disbursements
Refunds
Fund Balance Designations:

Force Maint at the Elevated Sewer Bridge
Interfund Loans
Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
Transfers Out:

No Disbursements
Refunds
$
Mar -25 $
Jul -26 $
$
$
760,607.00 100%
100%
19%
708,462.82
116,238.68
20,884.25
1,606,192.75
Oct -24 $
Mar -26 $
Jul -26 $
Dec -25 $
Jun -26 $
Oct -25 $
$
Approximate Date
of Completion
None
8,049.37
5,455,082.00
323,934.87
25,000.00
25,000.00
4,115.75
3,320,484.68
None
None
None
$
% Funded by
Impact Fees
$
None
Sep -25 $ 122,103.33
Fund 705-6015 Upper Potrero Development Impact Fee
Fund Balance Designations:

Sewer and Manholes
Interfund Loans
Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
Transfers Out
No Disbursements
Approximate Date
of Completion
None
None
See Note 12
$
% Funded by
Impact Fees
$
None
Jun -26 $ 300,626.44
Fund 705-6020 Lower Potrero Development Impact Fee
Approximate Date
of Completion
None
None
See Note 13
$
% Funded by
Impact Fees
$
Refunds

None

Fund Balance Designations:

Sewer and Manholes Jun -26 $ 642,156.20
Interfund Loans
Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
Transfers Out:

No Disbursements
Fund 705-6024 San Timoteo #1 Development Impact Fee
Approximate Date
of Completion
None
None
See Note 14
$
% Funded by
Impact Fees
$
Refunds None
Fund Balance Designations:

Embankment protection for sewer lines Jun -26 $ 96,855.69 Interfund Loans
Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
Transfers Out:

No Disbursements
Fund 705-6025 San Timoteo #2 Development Impact Fee
Approximate Date
of Completion
None
None
None
$
% Funded by
Impact Fees
$
Refunds None
Fund Balance Designations:

Embankment protection for sewer lines Jun -26 $ 159,411.84 Interfund Loans
Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
Transfers Out:

No Disbursements
Fund 705-6026 San Timoteo #3 Development Impact Fee
Approximate Date
of Completion
None
None
See Note 15
$
Funded by
Impact Fees
$
Refunds None
Fund Balance Designations:

Embankment protection for sewer lines Jun -26 $ 369,160.87 Interfund Loans
Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
Transfers Out:

No Disbursements
Fund 705-6030 Southern Trunk Main Development Impact Fee Approximate Date
of Completion
None
None
See Note 16
$
% Funded by
Impact Fees
$
Refunds None

Fund Balance Designations:

Manholes and manhole lining along sewer line Jun -26 $ 300,626.44 Interfund Loans
Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
Transfers Out:

No Disbursements
Fund 705-6060 4th St Extension Development Impact Fee
Approximate Date
of Completion
None
None
See Note 17
$
% Funded by
Impact Fees
$
Refunds None
Fund Balance Designations:

Manholes and gravity sewer Jun -26 $ 106,043.58
Interfund Loans
Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
None
None
See Note 18
(D) Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund — The receipt of funding and the construction of improvements is dependent upon when undeveloped land remaining in the City is developed. Facilities constructed utilizing development impact fee funding are constructed when all required funding is available and the City Engineer has determined that it is appropriate for the project to move forward.
(F)(I) Not Applicable
(F)(II) Not Applicable
(F)(III) Not Applicable

Development Impact Fee Rate Table

RESIDENTIAL IMPACT FEES
City -Wide (Except as otherwise noted)
Impact Fee Description
Single Family
(SF)
Multi -family
(SF)
Mobile
(SF)
Fire Protection Impact
$

0.320
$

0.320
$

0.320
Police Facilities Impact
$

0.430
$

0.430
$

0.430
Public Facility
$

0.230
$

0.230
$

0.230
Streets and Bridges Impact
$

1.450
$

1.450
$

1.450
Railroad X'ing Impact
$

0.320
$

0.320
$

0.320
General Plan Fee
$

0.020
S

0.020
$

0.020
Emergency Preparedness Fee (Ord 814)
$

0.013
S

0.013
$

0.013
Recycled Water Facility Fee (Ord 972)
$

0.290
$

0.290
$

0.290
Storm Drain Facilities Impact Fee
$

0.020
$

0.020
$

0.020
Sewer Capacity Fee
$

2.630
$

2.630
$

2.630
Sewer Disposa Faci ity Fee Or 1087
$

0.420
$

0.420
$

0.420
Park Land In Lieu (Subdivision)
$

0.790
$

0.790
$

0.790
(Subdivision)
$

0.760
$

0.760
$

0.760
Recreation Facilities Impact
$

0.620
$

0.620
$

0.620
Community Park In -Lieu
$

0.490
$

0.490
$

0.490
Trails Fee
$

0.010
S

0.010
$

0.010
Library Facilities Fee
$

0.080
$

0.080
$

0.080
Neighborhood Park in -Lieu
$

0.600
$

0.600
$

0.600
Total - Infill
$

9.49 I $

9.49 $

9.49 DIF Rate Table

NON-RESIDENTIAL IMPACT FEES
City -Wide (Except as otherwise noted)
Impact Fee Description
Commercial
General
(SF)
Industiral/
Business Park
(SF)
Industrial/ High
Cube Warehouse
(SF)
Fire Protection Impact
$

0.330
$

0.400
$

0.170
Police Facilities Impact
$

0.230
S

0.280
$

0.100
Public Facility
$

0.140
$

0.150
$

0.060
Streets and Bridges Impact
$

8.520
$

4.920
$
-
Railroad X'ing Impact
$

2.090
$

1.170
$
-
General Plan Fee
$

0.010
$

0.020
$

0.004
Emergency Preparedness Fee (Ord 814)
$

0.002
$

0.003
$

0.001
Recycled Water Facility Fee (Ord 972)
$

0.140
S

0.240
$

0.240
Sewer Capacity Fee
Storm Drain Facilities
$

0.010
$

0.010
$

0.010
Sewer Disposal Facility Fee (Urd 1Uti7)
$

0.220
$

0.320
$

0.310
Total - Infi11
$

11.69 I $

7.51 $

0.90 NON-RESIDENTIAL IMPACT FEES
City -Wide (Except as otherwise noted)
Impact Fee Description
Transload & Short-
Term Storage
Warehouse
(SF)
Fullfillment
Center Warehouse
- Non -Sort
(SF)
Parcel Hub
Warehouse
(SF)
Fire Protection Impact
Police Facilities Impact
Public Facility
Streets and Bridges Impact
$

0.480
$

0.660
$

2.070
Traffic Signal Impact
Railroad X'ing Impact
$

0.110
$

0.160
$

0.550
General Plan Fee
$

0.004
Emergency Preparedness Fee (Ord 814)
Recycled Water Facility Fee (Ord 972)
Sewer Capacity Fee
$

1.350
S

3.910
$

1.350
Storm Drain Facilities
Sewer Disposal Facility Fee (Ord 1087)
Total - Infill
$

1.94 $

4.73 $

3.97 NON-RESIDENTIAL IMPACT FEES
City -Wide (Except as otherwise noted)
Impact Fee Description
Cold Storage
Warehouse
(SF)
Commercial Low
Strength
(SF)
Commercial
Medium Strength
(SF)
Fire Protection Impact
Police Facilities Impact
Public Facility
Streets and Bridges Impact
$

0.540
Traffic Signal Impact
Railroad X'ing Impact
$

0.130
General Plan Fee
Emergency Preparedness Fee (Ord 814)
Recycled Water Facility Fee (Ord 972)
Sewer Capacity Fee
$

3.910
S

0.870
$

0.990
Storm Drain Facilities
Sewer Disposal Facility Fee (Ord 1087)
Total - Infi11
$

4.58 $

0.87 $

0.99 NON-RESIDENTIAL IMPACT FEES
City -Wide (Except as otherwise noted)
DIF Rate Table

Impact Fee Description
Commercial High
Strength
(SF)
Industrial/Busines
s Park Low
Strength
(SF)
Industrial Park
High Strength
(SF)
Fire Protection Impact
Police Facilities Impact
Public Facility
Streets and Bridges Impact
Traffic Signal Impact
Railroad X'ing Impact
General Plan Fee
Emergency Preparedness Fee (Ord 814)
Recycled Water Facility Fee (Ord 972)
Sewer Capacity Fee
$

2.000
S

1.350
$

3.910
Storm Drain Facilities
Sewer Disposal Facility Fee (Ord 1087)
Total - Infi11
$

2.00 $

1.35 $

3.91 NON-RESIDENTIAL IMPACT FEES
City -Wide (Except as otherwise noted)
Impact Fee Description
Industrial/High
Cube Warehouse
Low Strength
(SF)
Industrial/High
Cube Warehouse
High Stength
(SF)
Fire Protection Impact
Police Facilities Impact
Public Facility
Streets and Bridges Impact
Traffic Signal Impact
Railroad X'ing Impact
General Plan Fee
Emergency Preparedness Fee (Ord 814)
Recycled Water Facility Fee (Ord 972)
Sewer Capacity Fee
$

1.350
$

3.910
Storm Drain Facilities
Sewer Disposal Facility Fee (Ord 1087)
Total - Infi11
$

1.35 $

3.91 $ -
SF=Per Square Foot
KSF=1,000 gross square feet of building space
DIF Rate Table

BEAUMONT
-C A L I F O R N A -
TO:

FROM:

DATE:

SUBJECT:

Staff Report
City Council
Jennifer Ustation, Finance Director
December 16, 2025
Authorization of Release of Bond Proceeds
Description: Authorization of Release of Bond Proceeds — Community Facilities District No. 2023-1 (Fairway Canyon), Improvement Area No. 1 & Improvement Area No. 2.

Background and Analysis:

Community Facilities District No. 2023-1 (Fairway Canyon) was formed to finance public infrastructure through the issuance of Special Tax Bonds for Improvement Area No. 1 and Improvement Area No. 2. The City has received a formal payment request from Meritage Homes of California, Inc. for reimbursement of public improvements identified as Sorenstam Road Improvements, consistent with the executed Acquisition Agreement (Attachment C).

The request has been reviewed and approved by the Public Works Department as required by the City's approved Restated Bond Accounting Policies and Procedures.

The next step in the process is authorization to release funds through the District's Construction Fund held with the Bond Trustee.

Requisition Request Details
Improvement
Area Payee
IA 1
Amount Requested
$2,017,773.48
Req Form Beaumont CFD
2023-1 IA...
$1,334,735.44
IA 2 Req Form Beaumont CFD
2023-1 IA...

The total reimbursement request submitted by Meritage totals $3,352,508.92, consistent with the executed Payment Request documentation and cost certification Meritage
Homes Corp
Meritage
Homes Corp
Project
Sorenstam Road
Improvements
Sorenstam Road
Improvements

Fiscal Impact:

There is no fiscal impact to the General Fund. All requested funds are restricted CFD proceeds for eligible public improvements.

The estimated cost to prepare this report is $375.

Recommended Action:

Authorize the Finance Director to submit the Trustee Notification and Written Requisition for the disbursement of CFD No. 2023-1 Special Tax Bond proceeds in the total amount of $3,352,508.92 for reimbursement of Sorenstam Road public improvements, with allocation of $2,017,773.48 from IA -1 and $1,334,735.44 from IA -2.

Attachments:

A. Written Requisition 005 — CFD 2023-1 IA -1
B. Written Requisition 006 — CFD 2023-1 IA -2
C. CFD 2023-1 Acquisition Agreement

CITY OF BEAUMONT
COMMUNITY FACILITIES DISTRICT NO. 2023-1 (FAIRWAY CANYON) (IMPROVEMENT AREA NO. 1)
2025 SPECIAL TAX BONDS

REQUISITION FOR
DISBURSEMENT OF FACILITIES PRO,I<ECT COSTS
ACCOUNTit
Zions Bancorporation, National Association, as Trustee, is hereby requested to pay from the Project Account of the Community Facilities District No. 2023-1 Acquisition and Construction Fund, established by the Indenture between the Trustee and City of Beaumont Community Facilities District No. 2023-1 (Fairway Canyon) (the "District"), dated as of December 1, 2025 (the "Indenture"), the amount specified and to the payee named below for payment of the Project Costs set forth in Attachment No. 1 hereto.

Payee: Meritage Homes Corp
Address: 18655 North Claret Drive, Suite 400 Scottsdale, AZ 85255 Purpose: Sorenstam Road Irnprovements
Amount: $2,017,773.48
The amount is due and payable under purchase order. contract or other authorization and has not formed the basis of any prior request for payment. The conditions for the release of this amount from the Project Account of the Community Facilities District No. 2023-1 Acquisition and Construction Fund, including those conditions in Section 3.9(b) of the Indenture have been satisfied.

There has not been filed with or served upon the District notice of any lien, right to lien or attachment upon, or stop notice or claim affecting the right to receive payment of the amount specified above which has not been released or will not be released simultaneously with the payment of such amount, other than materiaimen's or mechanic's liens accruing by mere operation of law.

Dated: CITY OF BEAUMONT COMMUNITY FACILITIES
DISTRICT NO. 2023-1 (FAIRWAY CANYON)
By: -
Name:

Title: Finance Director of the City of Beaumont,
acting as the legislative body of City
Beaumont Community Facilities District No.
2023-1 (Fairway Canyon)
B-1

ATTACHMENT NO. 1
[Insert Description of Project. Costs.]
B-2

ACQUISITION AGREEMENT

EXIIIBIT B

FORM OF PAYMENT REQUEST (FACILITIES)
PAYMENT REQUEST NO. Ol_
The undersigned (the "Owner"), hereby requests payment to the Payees listed on Attachment 2 in the total amount of $ 3,352,508.92 for the Facilities (as defined in the Acquisition Agreement, dated as of May 1, 2023 by and among the City of Beaumont (the "City"), the City of Beaumont Community Facilities District No. 2023-1 (Fairway Canyon) and the Owner), or Discrete Components thereof (as described in Exhibit A to that Acquisition Agreement), all as more fully described in Attachment 1 hereto. In connection with this Payment Request, the undersigned hereby represents and warrants to the City as follows:

1. He (she) is a duly authorized officer of the Owner, qualified to execute this Payment Request for payment on behalf of the Owner and is knowledgeable as to the matters set forth herein.

2. All costs of the Facilities or Discrete Components thereof for which payment is requested hereby are Actual Costs (as defined in the Acquisition Agreement referenced above) and have not been inflated or misrepresented in any respect. The amount of the payment requested has not been previously paid by the City.

3. Supporting documentation (such as third party invoices) is attached with respect to each cost for which payment is requested.

4. There has been full compliance with applicable laws relating to prevailing wages for the work to construct the Facilities or Discrete Components thereof for which payment is requested..

5. The Facilities or Discrete Components thereof for which payment is requested were constructed in accordance with all applicable City or other governmental standards, and in accordance with Plans approved by the City.

6. The Owner is in compliance with the terms and provisions of the Acquisition Agreement.

7. The Purchase Price for each Facility or Discrete Component (a detailed calculation of which is shown in Attachment 2 hereto for each such Facility or Discrete Component), has been calculated in conformance with the terms of the Acquisition Agreement.

B-1

I hereby declare under penalty of perjury that the above representations and warranties are true and correct.

Dated: 10!30/25
Dated:

OWNER:

MERITACE HOMES OF CALIFORNIA,
INC., a California
By:

Name: Nicholas Emsiek
Title: Division President
CITY:

Payment Request Approved for Submission to
Finance Manager
By:

B-2
11/25/2025
Director of P ublieWorks

ACQUISITION AGREEMENT

ATTACHMENT I

EXHIBIT B
[List here all Facilities or Discrete Components thereafter which payment is requested, and attach support documentation.]
Soreastam Road Improvement

ACQUISITION AGREEMENT
ATTACHMENT 2

EXHIBIT B

CALCULATION OF PURCHASE PRICE
[Use a separate sheet for each Facility or Discrete Component for which payment is being requested]
I. Description (by reference to Exhibit A to the Acquisition Agreement) of the Facility or Discrete Component $ 2,706,083.00

2. Actual Cost (list here total of supporting invoices and/or other documentation supporting determination of Actual Cost): $ 3,352,50$.92

3. Subtractions from Purchase Price: $ 0.00
A. Holdback for Lien releases cif any, see Section 3.4 of the Acquisition Agreement) $ 0.00
B. Retention (if any, see Section 3.4 of the Acquisition Agreement) $ 0.00

4. Total disbursement requested (Amount listed in 2, less amounts, if any, listed in 3) $ 3,352,508.92
Payment shallbe directed to. following payee(s): U$ Bank Meritage Homes Corp
*Wire Instructions attached at end
B-4

I hereby declare under penalty of perjury that the above representations and warranties are true and correct.

OWNER:

Dated: 10/30/25
Meritage Horn rnia, Inc.

By:

Name: Nicholas Emsiek
Title: Division President
By:

Name:

Title:

CITY:

Payment Request Approved for
Submission to Finance Manager
Dated:

Director of Public
B-5

REIMBURSEMENT SUMMARY
Item
No.
a.
b.

Project Name:

Financing Program:

Jurisdiction:

Request No:
hem Descriptk3n
Acquisition Facilities
Sorenstam Road Improvements
PA2SB Park Improvements
Sub Total: AA Facaties
TOTAL................................................. .. .......

Notes: (f)

" Fairway Canyon"
Community Facilities District (CFD) - No. 2023-1
City of Beaumont
No. 01 - Street Improvements
Prepared by:

MUROW
ocviion4cwr curve uwTo
is 41ED1 G.. `aPLEY
Agreement
Budget (E)drbd A)
OFD2023-1 0,10.
0110212025)
CFD2023-1 (Nu.
02 I Rzrxzr241
CFD2023-1 (No.
031 zxhz23)
CFD2023-1 No.
04 I xxrxx23)
Total
8 (ar+ceRMlakling
2,706,083.00
4,999,342.0D
7,705,425:00
7,705,425.00
3,352,508.92
3,352,508.92
3,352,508.92
Murow
16800 Aston St. Suite 200 Irvine, CA 92606
3,352,598,92

3.352,508.92
3,352,599.92
(646,425.92)
4,999,342.90
4,352,916.08
4,352,918.98

MUROW

DEVELOPMENT CONSULTANTS
A GREBE C3MPANY
1, REIMBURSEMENT REQUEST
• Project: "Fairway Canyon" — City of Beaumont
• Improvement Type: Street Improvements (Sorenstarn)
Reimbursement Request:
a. Number:
b. Amount:
c. Date:

No. 01 Overall
$ 3,352,508.92
October 29, 2025
Requirement / Reference of document as noted In Agreement under Section / Exhibit:
• Located in Exhibit B (Form of Payment Request (Facilities)) of the "Acquisition Agreement — CFD No. 2023- 1 (Fairway Canyons)", dated May 1, 2023.

SPECIAL CIRCUMSTANCE(S):
(na)
Definition: A Reimbursement Request is a format request sent by the entity seeking the reimbursement (and validation of costs) by the lead (and accepting agency) for the cost of the public works of improvement.

Purpose: The purpose of a Reimbursement Request is to establlsb the formal administrative procedure(s) with said public entity / municipality requirements for the request of reimbursement of costs for public work of improvement constructed by requesting body (i.e. Owner).

Cc
MUROW 116800 Aston St. Suite 200, Irvine, CA 92606 Page I 1

CITY OF BEAUMONT
COMMUNITY FACILITIES DISTRICT NO. 2023-1 (FAIRWAY CANYON) (IMPROVEMENT AREA NO. 2)
2025 SPECIAL TAX BONDS

REQUISITION FOR

DISBURSEMENT OF FACILITIES PROJECT COSTS
ACCOUNT#
Zions Bancorporation, National Association, as Trustee, is hereby requested to pay from the Project Account of the Community Facilities District No. 2023-1 Acquisition and Construction Fund, established by the Indenture between the Trustee and City of Beaumont Community Facilities District No. 2023-1 (Fairway Canyon) (the "District"), dated as of December 1, 2025 (the "Indenture"), the amount specified and to the payee named below for payment of the Project Costs set forth in Attachment No. 1 hereto.

Payee: Meritage Homes Corp
Address: 18655 North Claret Drive, Suite 400 Scottsdale, AZ 85255 Purpose: Sorenstam Road Improvement
Amount: $I,334,735.44
The amount is due and payable under purchase order, contract or other authorization and has not formed the basis of any prior request for payment. The conditions for the release of this amount from the Project Account of the Community Facilities District No. 2023-1 Acquisition and Construction Fund, including those conditions in Section 3,9(b) of the Indenture have been satisfied.

There has not been filed with or served upon the District notice of any lien, right to lien or attachment upon, or stop notice or claim affecting the right to receive payment of the amount specified above which has not been released or will not be released simultaneously with the payment of such amount, other than rnaterialmen's or mechanic's liens accruing by mere operation of law..

Dated: CITY OF BEAUMONT COMMUNITY FACILITIES
DISTRICT NO. 2023-1 (FAIRWAY CANYON)
By:

Name:

Title: Finance Director of the City of Beaumont,
acting as the legislative body of City
Beaumont Community Facilities District No.
2023-1 (Fairway Canyon)

ATTACHMENT NO. 1
[Insert Description of Project Costs.]
A- I

ACQUISITION AGREEMENT

EXHIBIT B

FORM OF PAYMENT REQUEST (FACILITIES)
PAYMENT REQUEST NO. 01
The undersigned (the "Owner"), hereby requests payment to the Payees listed on Attachment 2 in the total amount of $ 3,352.508.92 for the Facilities (as defined in the Acquisition Agreement, dated as of May I, 2023 by and among the City of Beaumont (the "City"), the City of Beaumont Community Facilities District No. 2023-1 (Fairway Canyon) and the Owner), or Discrete Components thereof (as described in Exhibit A to that Acquisition Agreement), all as more fully described in Attachment 1 hereto. In connection with this Payment Request, the undersigned hereby represents and warrants to. the City as follows:

1. He (she) is a duly authorized officer of the Owner; qualified to execute this Payment Request for payment on behalf of the Owner and is knowledgeable as to the matters set forth herein.

2. All costs of the Facilities or Discrete Components thereof for which payment is requested hereby are Actual Costs (as defined in the Acquisition Agreement referenced above) and have not been inflated or misrepresented in any respect. The amount of the payment requested has not been previously paid by the City.

3. Supporting documentation (such as third party invoices) is attached with respect to each cost for which payment is requested.

4. There has been full compliance with applicable laws relating to prevailing wages for the work to construct the Facilities or Discrete Components thereof for which payment is requested.

5. The Facilities or Discrete Components thereof for which payment is requested were constructed in accordance with all applicable City or other governmental standards, and in accordance with Plans approved by the City.
6, The Owner is in compliance with the terms and provisions of the Acquisition Agreement.

7. The Purchase Price for each Facility or Discrete Component (a detailed calculation of which is shown in Attachment 2 hereto for each such Facility or Discrete Component), has been calculated in conformance with the terms of the Acquisition Agreement B-1

I hereby declare under penalty of perjury that the above representations and warranties are true and correct
Dated: 10130/25
Dated:

OWNER:

IvMERITAGE HOMES OF CALIFORNIA,
INC., a Californi
By:

Name: _
Title: Division President
Nicholas Emsiek
CITY;
Payment Request Approved. for Submission to
Finance Manager
By: _
R-2
11/25/2025
Director of Public`3Uorks

ACQUISITION AGREEMENT

ATTACHMENT I

EXHIBIT B
[List here all Facilities or Discrete Components thereafter which payment is requested, and attach support documentation]
Sorenstam Road Improvement

ACQUISITION AGREEMENT
ATTACHMENT 2

EXHIBIT B

CALCULATION OF PURCHASE PRICE
[Use a separate sheet for each Facility or Discrete Component for which payment is being requested]

1. Description (by reference to Exhibit A to the Acquisition Agreement) of the Facility or Discrete Component $ 2,706,083.00

2. Actual Cost (list here total of supporting invoices and/or other documentation supporting determination of Actual Cost): $ 3,352,508.92

3. Subtractions from Purchase Price: $ 4.00
A. Holdback for Lien releases (if any, see Section 3.4 of the Acquisition Agreement) $ 0.00
B. Retention (if any, see Section 3.4 of the Acquisition Agreement) $ 0.00

4. Total disbursement requested (Amount listed in 2, less amounts, if any, listed in 3) $ 3,352,508.92
Payment shall be directed to following payee(s): US Bank Meritage Homes Corp
*Wire Instructions attached at end
-4

I hereby declare under penalty of perjury that the above representations and warranties are true and correct.

OWNER:

Dated: 10/30/25
Meritage Hom
By:.

Name: Nicholas Ernsiek
rn`ra, Inc.

Title:

Division President
By:

Name;
Title:

CITY:

Payment Request Approved for
Submission to Finance Manager
Dated: By:,+/� f 11l bI2U
Director of Public
B -S

REIMBURSEMENT SUMMARY
Item
No.
a.
r,
Project Name:

Financing Program:

Jurisdiction:

Request No:

Item 13escnptiort
Acquisition Facilities
Sorenstam Road Improvements
PA 218 ,Park Improvements
Sub Total: Aq Facilities
" Fairway Canyon„
Community Facilities District (CFD) - N0, 2023-1
City of Beaumont
No. 01 - Street Improvements
Agreement
Budge' (E#iAil A)
CFO 2623-1 (Nu.
01 IO2.20125)
CPC, 2021-1 No.
02 I x 0024)
CFD2023-1 (No.
oaiss ou23)
CFD2023-1 (No.
041 cNp[r23)
2,708;083.00 3,352,508.92
4,999,342.00
7,705,425.00
TOTAL
Notes: (1)

7,705,425.00
3,352,508.92
Prepare? by:

Total
3,352,508.92
Murow
16800 Aston Sf. Suite 200 /Moe, CA 92606
MUROW
DIV UMMEN100.111 HITS
K M E►lE CL .;PENY
Balance Remereeng
3,352,508.92 (646,425.92)
4,999,342.00
3,352,500.92
3,352,001.92
4,352,916.08
4,352,816.68

MU R C W

DEVELOPMENT CONSULTANTS

A CHEDE VAM PA V

1. REIMBURSEMENT REQUEST
• Project:
• Improvement Type:
• Reimbursement Request:
a. Number:
b. Amount:
c. Date:
"Fairway Canyon" — City of Beaumont
Street Improvements (Sorenstam)
No. 01 Overall
$ 3,352,508.92
October 29, 2025
Requirement / Reference of document as noted In Agreement under Section / Exhibit:
• Located in Exhibit B (Form of Payment Request (Facilities)) of the "Acquisition Agreement — CFD No. 2023- 1 (Fairway Canyons)", dated May 1, 2023.

SPECIAL CIRCUMSJANCEIS):
(na)
Definition: A Reimbursement Request is a formal request sent by the entity seeking the reimbursement (and validation of costs) by the lead (and accepting agency) for the cost of the public works of improvement.

Purpose: The purpose of a Reimbursement Request is to establish the formal administrative procedure(s) with said public entity / municipality requirements for the request of reimbursement of costs for public work of improvement constructed by requesting body (Le. Owner).

Cc
MtIROW l 16800 Aston St. Suite 200, Irvine, CA 52506 Page ( 1

ACQUISITION AGREEMENT
by and among

CITY OF BEAUMONT,

CITY OF BEAUMONT COMMUNITY FACILITIES DISTRICT
NO. 2023-1 (FAIRWAY CANYON)
and
MERITAGE HOMES OF CALIFORNIA, INC.

Dated as of May 1, 2023
4892-6939-1454v2/022599-0032

TABLE OF CONTENTS
Page

ARTICLE I
Section 1.1

ARTICLE II
Section 2.1
Section 2.2
Section 2.3
Section 2.4
Section 2.5

ARTICLE III
Section 3.1
Section 3.2
Section 3.3
Section 3.4
Section 3.5
Section 3.6

ARTICLE IV
Section 4.1
Section 4.2
Section 4.3
Section 4.4
Section 4.5
Section 4.6
Section 4.7

ARTICLE V
Section 5.]
Section 5.2
Section 5.3

ARTICLE VI
Section 6.1
Section 6.2

ARTICLE VII
Section 7.1
Section 7.2
Section 7.3

ARTICLE VIII MISCELLANEOUS
DEFINITIONS 2
Definitions 2
FUNDING 4
Issuance of Bonds 4
Special Taxes and Bonds 5
Net Proceeds 5
Funding Facilities in Other Fairway Canyon Districts 6
Disclosure of Special Tax 6
CONSTRUCTION AND ACQUISITION OF FACILITIES 6
Duty of Owner to Construct 6
Inspection 6
Agreement to Sell and Acquire Facilities 6
Payment Requests 7
Payment 8
Defective or Nonconforming Work 9
OWNERSHIP AND TRANSFER OF FACILITIES 9
Facilities to be Owned by the City; Conveyance of Land and Easements to City 9 Facilities to be Owned by the City; Title Evidence 10
Facilities Constructed on Private Lands ] 0
Facilities Constructed on City Land 10
Maintenance and Warranties 10
Allocation of Costs 11
Expectations of the Parties 11
INSURANCE 12
Insurance Requirements 12
Standards Applicable 13
Evidence of Insurance ] 3
REPRESENTATIONS, WARRANTIES AND COVENANTS 13
Representations, Covenants and Warranties of the Owner 13 Indemnification and Hold Harmless 14
TERMINATION 14
Mutual Consent 14
City Election to Terminate for Cause 15
Force Majeure 1.6
16 Section 8.1 Limited Liability of City 16
Section 8.2 Excess Costs 16
Section 8.3 Review of Records 16
4892-6939-1454v2/022599-0032

TABLE OF CONTENTS
(continued)
Page
Section 8.4 Attorney's Fees 16
Section 8.5 Notices 16
Section 8.6 Severability 17
Section 8.7 Successors and Assigns 17
Section 8.8 Other Agreements 18
Section 8.9 Waiver 18
Section 8.10 Merger 18
Section 8.11 Parties in Interest 18
Section 8.12 Amendment 18
Section 8.13 Counterparts 18
Section 8.14 Termination 18
Signatures S-1
List of Exhibits
Exhibit A:

Exhibit B:

Exhibit C:

Description of Facilities and Discrete Components Eligible for Acquisition from the Owner A- l
Form of Payment Request (Facilities) B-1
City CFD Policies C -1
4892-6939-1454v2/022599-0032
ii

THIS ACQUISITION AGREEMENT (the "Acquisition Agreement"), dated as of May 1, 2023, is by and among the CITY OF BEAUMONT, a general law city (the "City"), the CITY OF BEAUMONT COMMUNITY FACILITIES DISTRICT NO. 2023-1 (FAIRWAY CANYON), a community facilities district created pursuant to the Act (defined herein) (the "District"), and MERITAGE HOMES OF CALIFORNIA, INC., a California corporation (the "Owner").

RECITALS
A. The District. The City Council of the City has established the District under the Act for the financing of, among other things, the acquisition, construction and installation of public facilities identified in the proceedings to form the District therein, which include the facilities listed in Exhibit A hereto (the "Facilities").

B. The Development. The land within the District is currently expected to be developed with 419 dwelling units as part of a master -planned community commonly known as "Fairway Canyon," which is described as County of Riverside Assessor Parcel Nos. 413-790-067 through 413-790-073, inclusive.

C. The Facilities. As part of the District formation proceedings, the Facilities were authorized to be acquired by the District, and the District proceedings contemplated that acquisition agreements would be entered into from time to time to describe the terms of such acquisition. The Facilities are within or serve the City and the City and the Owner will benefit from a coordinated plan of design, engineering and construction of the Facilities and the development of the land within the District. The facilities that are eligible for acquisition by the City from the Owner under this Acquisition Agreement are only the Facilities listed in Exhibit A hereto, as such Exhibit may be amended and/or supplemented by any Supplement approved by the City and Owner.

D. The Financing. In order to, among other things, implement provisions of the Development Agreement, as defined below, the Owner, the District and the City wish to enter into this Acquisition Agreement to finance the acquisition of the Facilities, as defined below, and provide for the payment of the Facilities and Discrete Components thereof as shown in Exhibit A hereto (as it may be amended and supplemented by any Supplement).

E. The Bonds. The District may proceed with the authorization and issuance of the Bonds in one or more series under the Act and the Indenture, the proceeds of which Bonds shall be used, in part, to finance the Facilities.

F. No Advantage to City Construction. The City, by its approval of this Acquisition Agreement, has determined that it will obtain no advantage from undertaking the construction by the City directly of the Facilities and that the provisions of this Acquisition Agreement require that the Facilities constructed by the Owner and acquired with the funds in the Improvement Fund, as defined below, 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 Facilities.

NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City, the District and the Owner agree that the foregoing recitals, as applicable to each, are true and correct and further make the agreements set forth herein. 4892-6939-1454v2/022599-0032

ARTICLE I

DEFINITIONS
Section 1.1 Definitions. The following terms shall have the meanings ascribed to them in this Section 1.1 for purposes of this Acquisition Agreement. Unless otherwise indicated, any other terms, capitalized or not, when used herein shall have the meanings ascribed to them in the Indenture (as hereinafter defined).
"Acceptable Title" means title to land or interest therein, in form acceptable to the Director, free and clear of all liens, taxes, assessments, leases, easements and encumbrances, whether or not recorded, but subject to any exceptions determined by the Director as not interfering with the actual or intended use of the land or interest therein. Notwithstanding the foregoing, an irrevocable offer of dedication may constitute land with an "Acceptable Title" if: (i) such offer is necessary to satisfy a condition to a tentative or final parcel map, (ii) such offer is in a form acceptable to the Director, (iii) the Director has no reason to believe that such offer of dedication will not be accepted by the applicable public agency, and (iv) the Owner commits in writing not to allow any liens to be imposed on such property prior to its acceptance.
"Acceptance Date" means the date the City Council (or other public entity which is to own a Facility) takes final action to accept dedication of or transfer of title to a Facility. "Acquisition Agreement" means this Acquisition Agreement, together with any Supplement hereto.
"Act" means the Mello -Roos Community Facilities Act of 1982, Section 53311 et seq. of the California Government Code, as amended.
"Actual Cost" means the substantiated cost of a Facility or a Discrete Component, which costs may include: (i) the costs incurred for the construction of such Facility or Discrete Component, (ii) the costs incurred in preparing the Plans for such Facility or Discrete Component and the related costs of environmental evaluations of the Facility or Discrete Component, (iii) the fees paid to governmental agencies or utilities for obtaining permits, licenses or other governmental approvals for such Facility or Discrete Component, (iv) professional costs incurred that are associated with such Facility or Discrete Component, such as construction management and supervision (not to exceed 15% of the costs in (i) above), engineering, legal, accounting, inspection, construction staking, materials testing and similar professional services; and (v) the costs directly related to the construction and/or acquisition of a Facility or Discrete Component, such as costs of payment, performance and/or maintenance bonds, and insurance costs (including costs of any title insurance required hereunder) (but excluding the cost of real property unless paid to unrelated third parties). "Affiliate" means any entity with respect to which fifty percent (50%) or more of the ownership or voting power is held individually or collectively by any of the Owner and any other entity owned, controlled or under common ownership or control by or with, as applicable, the Owner, and includes all general partners of any entity which is a partnership. Control shall mean ownership of fifty percent (50%) or more of the voting power of or ownership interest in the respective entity. "Bonds" means the bonds to be issued by the District for an Improvement Area pursuant to the Act in one or more series.
2 4892-6939-1454v2/022599-0032

"City" means the City of Beaumont, a general law city.
"Conditions of Approval" means, with respect to any portion of the property within the District, the conditions of approval of all land use entitlements approved by the City and the conditions of any Development Agreement, subdivision improvement agreement or other agreement between the Owner and the City relating to such property which conditions must be satisfied in order to develop such property.
"County" means the County of Riverside, California.
"Development Agreement" means the Development Agreement between the City of Beaumont and LB/L-SunCal Oak Valley LLC, recorded as Instrument No. 2003-977700 in the Riverside County Recorder's Office on December 5, 2003, as partially assigned to and assumed by the Owner, as evidenced by Document No 2021-0396265 recorded on June 30, 2021, and by Document No 2022-0201712 recorded on April 29, 2022 in the Official Records of the County. "Director" means the Director of Public Works of the City, or his or her written designee acting as such under this Acquisition Agreement.
"Discrete Component" means a component of a Facility that the Director has agreed can be separately identified, inspected and completed, and be the subject of a Payment Request hereunder.

The Discrete Components are described in Exhibit A hereto. "District" means the City of Beaumont Community Facilities District No. 2023-1 (Fairway Canyon), created by the City under the Act.
"Facilities" means the facilities described in Exhibit A hereto which are to be acquired with the proceeds of the Special Taxes and Bonds.
"Financing Policies" means the City of Beaumont's Goals and Policies for Community Facilities Districts, as adopted May 8, 1995 by Resolution No. 1995-23, attached hereto as Exhibit C. "Improvement Area" means either of Improvement Area No. l or Improvement Area No. 2 of the District.
"Improvement Fund" means, (a) prior to the initial issuance of Bonds of an Improvement Area, the fund or account established by the City for such Improvement Area, howsoever denominated, into which Net Proceeds of the Special Taxes of such Improvement Area are to be deposited, and (b) from and after the initial issuance of Bonds for such Improvement Area, the fund or account established under the Indenture for such Bonds, howsoever denominated, into which Net Proceeds of Bonds and Special Taxes of such Improvement Area are to be deposited. "indenture" means the bond indenture or similar document between the City and the Trustee for the District, providing for, among other matters, the issuance of the Bonds and the establishment of the Improvement Fund, as it may be amended from time to time. "Net Proceeds" means (a) with respect to Special Taxes, the proceeds of such Special Taxes received prior to the initial issuance of Bonds and remaining after the payment or setting aside of, or provision for, administrative expenses of the District, and (b) with respect to Bonds, the proceeds of such Bonds remaining after the payment or setting aside of, or provisions for (i) the underwriter's 3 4892-6939-1454v2/022599-0032

discount for such Bonds, (ii) the costs of issuance of such Bonds, including the costs of authorizing the Special Taxes and Bonds of the District incurred by the City and Owner, (iii) any required reserve fund deposit for such Bonds, (iv) capitalized interest on such Bonds, and (v) pre funded administrative expenses of the District.
"Owner" means Meritage Homes of California, Inc., a California corporation, and its successors or assigns to the extent permitted under Section 8.7 hereof. "Payment Request" means a document, substantially in the form of Exhibit B hereto, to be used by the Owner in requesting payment of a Purchase Price. "Plans" means the plans, specifications, schedules and related construction contracts for the Facilities and/or any Discrete Components thereof approved pursuant to the applicable standards of the City.
"Purchase Price" means the amount paid by the District for a Facility and/or any Discrete Components thereof determined in accordance with Article III hereof, being an amount equal to the Actual Cost of such Facility or Discrete Component, but subject to the limitations and reductions provided for in Article III.
"Rate and Method" means the rate and method of apportionment of the Special Taxes of an Improvement Area approved by the qualified electors of such Improvement Area. "Special Taxes" means the special taxes for facilities in the District levied in accordance with the Rate and Method.
"Supplement" means a written document amending, supplementing or otherwise modifying this Acquisition Agreement and any exhibit hereto, including any amendments to the list of Discrete Components in Exhibit A, and/or the addition to Exhibit A of additional Facilities (and Discrete Components) to be financed with the proceeds of the Bonds deposited in the Improvement Fund eligible to be financed by the District.
"Trustee" means a financial institution in its capacity as trustee or fiscal agent under the Indenture, or any successor thereto acting as trustee or fiscal agent under the Indenture.

ARTICLE II

FUNDING
Section 2.1 Issuance of Bonds. Upon the written request of the Owner or City, the Owner and the City staff shall meet regarding the amount, timing and other material aspects of each series of the Bonds. The legal proceedings for the issuance of the Bonds and the series, principal amounts, rates, terms, conditions and timing of the sale of the Bonds shall be in all respects be solely determined by the City Council of the City, acting as the governing body of the District, in accordance with this Acquisition Agreement; provided that, subject to satisfaction of the applicable Financing Policies, sound municipal financing practices and the requirements of this Acquisition Agreement, as soon as possible following the execution of this Acquisition Agreement the City shall use commercially reasonable efforts to cause the District to issue and sell the Bonds in an amount 4 4892-6939-I 454v2/022599-0032

sufficient to fund the Facilities. For purposes of sizing each series of Bonds, the priority annual administrative expense shall be $30,000 for the related Improvement Area.

Prior to the Bonds being issued for an Improvement Area, the Owner will be required to provide all information regarding the development of its property within the Improvement Area, including the financing plan for such development, which is necessary to ensure that the official statement for such Bonds complies with the requirements of all applicable federal and state securities laws, including without limitation Rule 15c2-12 and Rule l0(b)-5 of the Securities and Exchange Commission (the "Commission"). Moreover, each property owner which is responsible for twenty percent (20%) or more of the maximum special tax within an Improvement Area at the time each series of Bonds for such Improvement Area are issued (each a "Major Landowner") will be required to enter into a continuing disclosure agreement to provide such continuing disclosure pertaining to the development of the land owned by such Major Landowner in the District as necessary to assist the underwriter of the series of Bonds in complying with the continuing disclosure requirements of Rule 15c2-12 of the Commission and/or in marketing the Bonds. Each Major Landowner shall be required to execute a certificate in connection with each public sale of Bonds pursuant to which the Major Landowner shall indemnify and hold harmless City from claims arising from, or based upon, any untrue statement or alleged untrue statement of a material fact or omission or alleged omission of a material fact in the above -referenced information.

Section 2.2 Special Taxes and Bonds. Prior to the issuance of the first series of Bonds for an Improvement Area, the "Assigned Special Tax" has been and shall continue to be levied in each fiscal year on parcels classified as "Developed Property" pursuant to and as defined in the Rate and Method for such Improvement Area. The Net Proceeds of such Special Taxes have been and shall continue to be deposited in the Improvement Fund. In addition, the proceeds of each full or partial prepayment of Special Taxes attributable to eligible facilities prior to the issuance of Bonds shall be deposited in the Improvement Fund. The City, the District and the Owner are entering into this Acquisition Agreement and authorized the levy of the Special Taxes for the purpose of creating and allocating certain streams of revenues that are or will be available to pay directly or reimburse the costs of acquisition and construction of the Facilities and to pay debt service on Bonds and other indebtedness of the District. The District hereby irrevocably pledges the Net Proceeds of Special Taxes to the Owner for the reimbursement of costs of the Facilities, subordinate only to the payment of debt service on Bonds issued to fund such costs. Following the issuance of the Bonds, the District shall have no obligation to levy Special Taxes to pay directly for the costs of reimbursing or paying the Owner for the Facilities. The Owner, the City and the District hereby acknowledge and agree that any reduction or termination of the Special Taxes by exercise of the initiative power or the exercise of discretion of the City or the District would constitute a substantial impairment of revenue stream of Special Taxes that the Owner, the City and the District intend to create for the purpose of providing an assured source of funding for such costs.

Section 2.3 Net Proceeds. The proceeds of the Bonds shall be deposited, held, invested, reinvested and disbursed as provided in the Indenture. The Net Proceeds of the Bonds will be set aside under the Indenture in the Improvement Fund. Moneys in the Improvement Fund shall be withdrawn therefrom in accordance with the provisions of the Indenture and the applicable provisions hereof for payment of all or a portion of the costs of construction and/or acquisition of the Facilities (including payment of the Purchase Price of Discrete Components thereof) all as herein provided. Funds in the Improvement Fund shall be reserved and disbursed in accordance with this Acquisition Agreement.
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The Owner acknowledges that any lack of availability of amounts in the Improvement Fund to pay the Purchase Price of Facilities or any Discrete Components thereof shall in no way diminish any obligation of the Owner with respect to the construction of or contributions for public facilities and mitigation measures required by the Conditions of Approval or any subdivision, development or other agreement to which the Owner is a party, or any governmental approval to which the Owner or any land within the District are subject.

Section 2.4 Funding Facilities in Other Fairway Canyon Districts. Any Facilities that are not funded by the proceeds of Bonds and Special Taxes in the District may be funded by bonds and special taxes of another existing or to -be -formed community facilities district under the Act for the Fairway Canyon project (an "Other Fairway Canyon District"). To the extent that the Purchase Price of a Facility is not fully paid by this District, the unpaid Purchase Price of a Facility may be paid by sources available in an Other Fairway Canyon District.

Section 2.5 Disclosure of Special Tax. If requested in writing by the City, copies of the executed "Notice of Special Tax" required by California Government Code Section 53341.5 provided to the purchaser of real property within the District shall be provided to the City Director of Finance. The Director of Finance's receipt of such "Notice of Special Tax" shall not be construed as City or District approval of the form of Notice or in any way make the City or District liable for deficiencies in such "Notice of Special Tax." Owner agrees to retain copies of the Notice of Special Tax it has provided to homebuyers within the District for a period of three (3) years and to provide them to the City upon City's written request.

ARTICLE III

CONSTRUCTION AND ACQUISITION OF FACILITIES
Section 3.1 Duty of Owner to Construct. All Facilities and Discrete Components thereof to be acquired hereunder shall have been constructed at the direction of the Owner in accordance with the approved Plans following the solicitation of competitive bids. The Owner shall have employed at all times adequate staff or consultants with the requisite experience necessary to bid, administer and coordinate all work related to the design, engineering, acquisition, construction and installation of the Facilities to be acquired by the City from the Owner hereunder.

Section 3.2 Inspection. No payment hereunder shall be made by the City to the Owner for a Facility or Discrete Component thereof until the Facility or Discrete Component thereof has been inspected and found to be completed in accordance with the Plans by the City or other applicable public entity or utility. However, due to the age of some of the Facilities it is understood that normal wear and tear and aging may have occurred which shall not be a basis for denial. The City shall make or cause to be made periodic site inspections of the Facilities or Discrete Components to be acquired hereunder on a timely basis; provided that in no event shall the City incur any liability for any delay in the inspection of any Facilities or Discrete Components. For Facilities to be acquired by other public entities or utilities, the Owner shall be responsible for obtaining such inspections and providing written evidence thereof to the Director. The Owner agrees to pay all inspection, permit and other similar fees of the City applicable to construction of the Facilities.

Section 3.3 Agreement to Sell and Acquire Facilities. The Owner hereby agrees to sell the Facilities and Discrete Components listed in Exhibit A hereto to the City or an applicable utility and the City hereby agrees to use amounts in the Improvement Fund to pay the Purchase Price of 6 4892-6939-1454v2/022599-0032

each of such Facilities and Discrete Components to the Owner, subject to the terms and conditions hereof. The City shall not be obligated to acquire any Facility or Discrete Component until the Facility or Discrete Component is completed and the Acceptance Date for such Facility (or the final Discrete Component) has occurred; provided that the City has agreed hereunder to make payments to the Owner for certain Discrete Components of Facilities as shown in Exhibit A hereto prior to the Acceptance Date. The Owner acknowledges that the Discrete Components have been identified for payment purposes only, and that the City shall not accept a Facility of which a Discrete Component is a part until the entire Facility has been completed. The City acknowledges that the Discrete Components do not have to be accepted by the City as a condition precedent to the payment of the Purchase Price therefor, but any such payment shall not be made until the Discrete Component has been completed in accordance with the Plans therefor, as determined by the Director. In any event, the City shall not be obligated to pay the Purchase Price for any Facility or Discrete Component except from the moneys in the Improvement Fund (subject to Section 2.4).

Section 3.4 Payment Requests. In order to receive the Purchase Price for a completed Facility or Discrete Component, inspection thereof under Section 3.2 shall have been made and the Owner shall deliver to the Director: (i) a Payment Request in the form of Exhibit B hereto for such Facility or Discrete Component, together with all attachments and exhibits required by Exhibit B and this Section 3.4 to be included therewith (including, but not limited to Attachments 1 and 2 to Exhibit B), and (ii) if payment is requested for a completed Facility, (a) if the property on which the Facility is located is not owned by the City at the time of the request, a copy of the recorded documents conveying to the City Acceptable Title to the real property on, in or over which such Facility is located, as described in Section 4.1 hereof, (b) to the extent paid for with the proceeds of the Bonds, an assignment to the District of any reimbursements that may be payable with respect to the Facility, such as public or private utility reimbursements, and (c) an assignment of warranties and guaranties for such Facility, as described in Section 4.5 hereof, in a form acceptable to the City.

Upon receipt of a Payment Request (and all accompanying documentation), the Director shall conduct a review in order to confirm that such request is complete, that such Discrete Component or Facility identified therein was constructed in accordance with the Plans therefor, and to verify and approve the Actual Cost of such Discrete Component or Facility specified in such Payment Request.

The Director shall also conduct such review as is required in his discretion to confirm the matters certified in the Payment Request. The Owner agrees to cooperate with the Director in conducting each such review and to provide the Director with such additional information and documentation as is reasonably necessary for the Director to conclude each such review. For any Facilities to be acquired by another public entity or utility, the Owner shall provide evidence acceptable to the Director that such Facilities are acceptable to such entity or utility. Within fifteen (15) business days of receipt of any Payment Request, the Director expects to review the request for completeness and notify the Owner whether such Payment Request is complete, and, if not, what additional documentation must be provided. If such Payment Request is complete, the Director expects to provide a written approval or denial (specifying the reason for any denial) of the request within thirty (30) calendar days of its submittal. However, the Facilities documentation will be delivered by Owner to City in large quantities which may be beyond the ability of City to process, in accordance with the forgoing timeframes. At the request of City or Owner, City may engage an outside contractor to review and process the Facilities documentation on behalf of the City the cost of which shall be borne by Owner subject to a written agreement executed by City and Owner. If a Payment Request seeking reimbursement for more than one Facility or Discrete Component is denied, the Director shall state whether the Payment Request is nevertheless approved and complete for any one or more Facilities or Discrete Components and any such Facilities or Discrete Components shall be 7 4892-6939-I454v2/022599-0032

processed for payment under Section 3.5 notwithstanding such partial denial. The City's and District's Costs associated with the acquisition of Facilities and processing of Payment Requests shall be reimbursed from the Improvement Fund or from amounts advanced by the Owner to the extent insufficient funds are on deposit in the Improvement Fund, which advances may be later reimbursed to the Owner out of the Improvement Fund.

Section 3.5 Payment. Upon approval of the Payment Request by the Director, the Director shall sign the Payment Request and forward the same to the City Director of Finance. Upon receipt of the reviewed and fully signed Payment Request, the City Director of Finance shall, within the then current City financial accounting payment cycle but in any event within fifteen (15) business days of receipt of the approved Payment Request, cause the same to be paid by the Trustee under the applicable provisions of the Indenture, to the extent of funds then on deposit in the Improvement Fund. Any approved Payment Request not paid due to an insufficiency of funds in the Improvement Fund, shall be paid promptly following the deposit into the Improvement Fund of proceeds of any investment earnings or other amounts transferred to the Improvement Fund under the terms of the Indenture.

Subject to Section 2.4, the Purchase Price paid hereunder for any Facility or Discrete Component shall constitute payment in full for such Facility or Discrete Component, including, without limitation, payment for all labor, materials, equipment, tools and services used or incorporated in the work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of such Facility or Discrete Component, as specified in the Plans.

The City shall withhold payment for any Discrete Component or Facility constructed on land not already owned by the City or other public entity, until Acceptable Title to such land is conveyed to the City or other public entity that will own the respective Facility, as described in Article IV hereof.

The City shall be entitled to withhold any payment hereunder for a Facility or Discrete Component that is the subject of a Payment Request until it is satisfied that any and all claims for labor and materials have been paid by the Owner for the Facility or Discrete Component that is the subject of a Payment Request, or conditional lien releases (and/or unconditional lien releases) have been provided by the Owner for such Facility or Discrete Component. The City, in its discretion, may waive this limitation upon the provision by the Owner of sureties, undertakings, securities and/or bonds of the Owner or appropriate contractors or subcontractors and deemed satisfactory by the Director to assure payment of such claims.

The City shall be entitled to withhold payment for any Facility (or final Discrete Component) hereunder to be owned by the City until: (i) the Director determines that the Facility is ready for its intended use, and (ii) the Acceptance Date for the Facility has occurred and the requirements of Section 4.1, if applicable to such Facility, have been satisfied. The City hereby agrees that the Owner shall have the right to post or cause the appropriate contractor or subcontractor to post a bond with the City to indemnify it for any losses sustained by the City because of any liens that may exist at the time of acceptance of such a Facility, so long as such bond is drawn on an obligor and is otherwise in a form acceptable to the Director. The City shall be entitled to withhold payment for any Facility (or the final Discrete Component of any such Facility) to be owned by other governmental entities, until the Owner provides the Director with evidence that the governmental entity has accepted dedication of and/or title to the Facility. If the Director determines that a Facility 8 4892-6939-1454x2/022599-0032

is not ready for intended use under (i) above, the Director shall so notify the Owner as soon as reasonably practicable in writing specifying the reason(s) therefor.

Nothing in this Acquisition Agreement shall be deemed to prohibit the Owner from contesting in good faith the validity or amount of any mechanics or materialman's lien nor limit the remedies available to the Owner with respect thereto so long as such delay in performance shall not subject the Facilities or any Discrete Component thereof to foreclosure, forfeiture or sale. In the event that any such lien is contested, the Owner shall only be required to post or cause the delivery of a bond in an amount equal to the amount in dispute with respect to any such contested lien sufficient to cause the release or such lien, so long as such bond is drawn on an obligor and is otherwise in a form acceptable to the Director.

Subject to the last paragraph of this Section 3.5, the City shall withhold in the Improvement Fund an amount equal to ten percent (10%) of the Purchase Price of each Discrete Component to be paid hereunder other than the final Discrete Component of any Facility. Any such retention will be released to the Owner upon final completion and acceptance of the related Facility.

Notwithstanding the foregoing, the Owner shall be entitled to payment of any such retention upon the completion and acceptance of a Discrete Component, if securities meeting the requirements of the California Public Contracts Code are deposited in lieu thereof. Payment of any retention shall also be contingent upon the availability of monies in the Improvement Fund therefore. No retention shall apply if the Owner proves to the Director's satisfaction that the Owner's contracts for the Discrete Components provide for the same retention as herein provided, so that the Purchase Price paid for the Discrete Component is at all times net of the required retention.

Section 3.6 Defective or Nonconforming Work. If any of the work done or materials furnished for a Facility or Discrete Component are found by the Director to be defective or not in accordance with the applicable Plans: (i) and such finding is made prior to payment for the Purchase Price of such Facility or Discrete Component hereunder, the City may withhold payment therefor until such defect or nonconformance is corrected to the satisfaction of the Director, or (ii) and such finding is made after payment of the Purchase Price of such Facility or Discrete Component, the City and the Owner shall act in accordance with the City's standard specification for public works construction.

ARTICLE IV

OWNERSHIP AND TRANSFER OF FACILITIES
Section 4.1 Facilities to be Owned by the City; Conveyance of Land and Easements to City. Acceptable Title to all property on, in or over which each Facility to be acquired by the City will be located, shall be deeded over to the City by way of grant deed, or dedication of such property, or easement thereon, if such conveyance of interest is approved by the City as being a sufficient interest therein to permit the City to properly own, operate and maintain such Facility located therein, thereon or thereover, and to permit the Owner to perform its obligations as set forth in this Acquisition Agreement. The Owner agrees to assist the City in obtaining such documents as are required to obtain Acceptable Title. Completion of the transfer of title to land shall be accomplished prior to the payment of the Purchase Price for a Facility (or the last Discrete Component thereof) and shall be evidenced by recordation of the acceptance thereof by the City Council or the designee thereof.
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Section 4.2 Facilities to be Owned by the City; Title Evidence. The Owner shall furnish to the City a preliminary title report for land with respect to Facilities to be acquired by the City and not previously dedicated or otherwise conveyed to the City, for review and approval at least thirty (30) business days prior to the transfer of the Acceptable Title to a Facility to the City. The City shall approve the preliminary title report unless it reveals a matter which, in the judgment of the City, could materially affect the City's use and enjoyment of any part of the property or easement covered by the preliminary title report. In the event the City does not approve the preliminary title report, the City shall not be obligated to accept title to the land with respect to such Facility or pay the Purchase Price for such Facility (or the last Discrete Component thereof) until the Owner has cured such objections to title to the reasonable satisfaction of the City and caused a standard title insurance policy to be issued to the City with respect to such land in the amount of the Purchase Price. In the event the Owner cannot cure such objections to title, City agrees to consider the use of eminent domain pursuant to Section 4.3 hereof for such purpose.

Section 4.3 Facilities Constructed on Private Lands. If any Facilities to be acquired are located on privately -owned land, the owner thereof shall retain title to the land and the completed Facilities until acquisition of the Facilities under Article III hereof. Pending the completion of such transfer, the Owner shall not be entitled to receive any payment for any such Facility or the last Discrete Component thereof. The Owner shall, however, be entitled to receive payment for Discrete Components (other than the last Discrete Component) upon making an irrevocable offer of dedication of such land in form and substance acceptable to the Director. Notwithstanding the foregoing, upon written request of the City before payment for any Discrete Component of such a Facility, the Owner shall convey or cause to be conveyed Acceptable Title thereto in the manner described in Sections 4.1 and 4.2 hereof.

It shall be the responsibility of the Owner to acquire all property rights on property which is not owned by the City or the Owner which is necessary for the construction of any of the Facilities.

In the event, despite its exercise of best efforts to do so, the Owner is unable to acquire such property rights, the City shall in good faith consider the undertaking of proceedings to acquire such property rights through its exercise of the power of eminent domain, and the costs of such proceedings and acquisition shall be the responsibility of the Owner and shall comprise part of the Purchase Price of the related Facility.

Section 4.4 Facilities Constructed on City Land. If the Facilities to be acquired are on land owned by the City, including land as to which the City has acquired sufficient property rights in the manner described in Section 4.3 or otherwise, the City hereby grants to the Owner a license to enter upon such land for purposes related to the construction (and maintenance pending acquisition) of the Facilities. The provisions for inspection and acceptance of such Facilities otherwise provided herein shall apply.

Section 4.5 Maintenance and Warranties. The Owner shall maintain or cause to be maintained each Discrete Component in good and safe condition until the Acceptance Date of the Facility of which such Discrete Component is a part. Prior to the Acceptance Date, the Owner shall be responsible for performing any required maintenance on any completed Discrete Component or Facility. On or before the Acceptance Date of the Facility, the Owner shall assign to the City all of the Owner's rights in any warranties, guarantees, maintenance obligations or other evidence of contingent obligations of third persons with respect to such Facility. For each Facility to be owned by the City, the Owner shall provide a warranty bond reasonably acceptable in form and substance to the Director to remain in effect for a period of one year from the date of acceptance of each Facility. 10 4892-6939-1454v2/022599-0032

The City shall be responsible for maintenance of each Facility from and after the Acceptance Date thereof, except that with respect to landscaping improvements, the Owner shall maintain or cause to be maintained such landscape improvements for a period of one year following the Acceptance Date thereof or shall provide a bond reasonably acceptable in form and substance to the Director for such period and for such purpose (for landscaping improvements only, and for the posting of a warranty bond to remain in effect for one year as to other Facilities), to insure that defects, which appear within said period will be repaired, replaced, or corrected by the Owner, at its own cost and expense, to the satisfaction of the Director. The Owner shall commence to repair, replace or correct any such defects within thirty (30) days after written notice thereof by the City to the Owner, and shall complete such repairs, replacement or correction as soon as practicable. Any warranties, guarantees or other evidences of contingent obligations of third persons with respect to the Facilities to be acquired by the City shall be delivered to the Director as part of the transfer of title.

Section 4.6 Allocation of Costs. If Owner incurs costs that (1) apply to more than one Facility or Discrete Component (e.g., soft costs) or (2) apply to both Facilities or Discrete Components and improvements other than the Facilities or Discrete Components (e.g., grading), Owner shall allocate, or cause the contractor to reasonably allocate, such costs between the Facilities or Discrete Components (in the case of clause (1)) or between the Facilities or Discrete Components and the improvements other than the Facilities or Discrete Components (in the case of clause (2)) (the "Owner Allocation"). The Owner Allocation shall be presumed to be reasonable and shall be accepted for all purposes of this Acquisition Agreement unless the City notifies Owner of its good - faith reasonable disapproval of the allocation as part of the City's written response to the applicable Payment Request. If the City has properly disapproved the Owner Allocation, then the City and Owner shall promptly allocate such costs, on a reasonable basis, between the Facilities or Discrete Components (in the case of clause (I)) or between the Facilities or Discrete Components and the improvements other than the Facilities or Discrete Components (in the case of clause (2)) (the "Agreed -Upon Allocation"). Based on the Owner Allocation or the Agreed -Upon Allocation, as applicable, the City shall include the costs allocated to a specific Facility or Discrete Component as part of the Actual Costs of such Facility or Discrete Component when such Facility or Discrete Component is subject to a Payment Request.

Section 4.7 Expectations of the Parties. The City understands and agrees that (i) Owner will be constructing Facilities or Discrete Components prior to the availability of sources that will be used to pay for such Facilities or Discrete Components, (ii) the City or the other public agencies that will own and operate such Facilities or Discrete Components may be inspecting such Facilities or Discrete Components and processing and completing payment requests for the payment on such Facilities or Discrete Components with knowledge that there may be insufficient sources available at such time, (iii) the Facilities or Discrete Components may be conveyed to and accepted by the City or other local agency that will own and operate such Facilities or Discrete Components when there are insufficient sources to pay the Purchase Prices of such Facilities or Discrete Components, and (iv) in any such case, the payment of any approved payment requests for the Purchase Prices of such Facilities or Discrete Components will be deferred until there are sufficient sources available to pay the Purchase Prices of such Facilities or Discrete Components, at which time the City will make such payments in accordance with this Acquisition Agreement. At all times, Owner will be constructing such Facilities or Discrete Components with the expectation that the Purchase Prices for such Facilities or Discrete Components will be paid solely from the sources. The conveyance of Facilities or Discrete Components to the City or a local agency that will own and operate such Facilities or Discrete Components prior to receipt of the Purchase Prices for such Facilities or Discrete 11 4892-6939-1454v2/022599-0032

Components shall not be construed as a dedication or gift, or a waiver of the payment of the Purchase Prices, or any part thereof, for such Facilities or Discrete Components.

ARTICLE V

INSURANCE
Section 5.1 Insurance Requirements. The Owner shall, at all times prior to the final Acceptance Date of all Facilities, maintain and deliver to the City evidence of and keep in full force and effect, not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policies satisfactory to the Director: (i) Workers Compensation and Employer's Liability - Workers' Compensation - coverage as required by law; Employer's Liability - Iimits of at least $1,000,000.00 per occurrence; (ii) Comprehensive General Liability - Combined Single Limit - $2,000,000.00; (iii) Automobile Liability - Combined Single Limit - $1,000,000.00; and (iv) Errors and Omissions Insurance - Combined Single Limit - $2,000,000.00.

All of the Owner's insurance policies shall contain an endorsement providing that written notice shall be given to the City at least 30 calendar days prior to termination or cancellation of coverage of the policy.

The Comprehensive General Liability and Bodily Injury and Property Damage Liability policies shall contain the following:
(a) An endorsement extending coverage to the City and its agents as an additional insured, as respects liabilities arising out of the performance of any work related to the Facilities. Which insurance shall be primary insurance as respects the interest of the City, and any other insurance maintained by the City shall be excess and not contributing insurance with the insurance required hereunder.
(b) Severability of interest clause.
(c) Provision or endorsement stating that such insurance, subject to all of its other terms and conditions, applies to contractual liability assumed by the Owner.

Promptly on execution of this Acquisition Agreement by the Owner, the Owner shall deliver to the Director copies of all required certificates of insurance and endorsements thereto on forms which are acceptable to the Director and the City Attorney.

The Owner shall require and verify similar insurance on the part of its contractors and subcontractors.

The foregoing requirements as to the types, limits and City approval of insurance coverage to be maintained by the Owner are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Owner under this Acquisition Agreement.

Any policy or policies of insurance that the Owner or its contractors or subcontractors elect to carry as insurance (i) against loss or damage to their construction equipment and tools or other personal property used in fulfillment of this Acquisition Agreement or a contract related to the Facilities shall include a provision waiving the insurer's right of subrogation against the City, and (ii) in fulfillment of this Acquisition Agreement involving a dual obligee bond may contain a clause 12 4892-6939- 454v2/022599-0032

to the effect that: "provided that Principal and Surety shall not be liable to the Obligees or any of them unless the Obligees or any of them have performed the obligations to the Principal in accordance with the terms of said contract; and provided, further, that Principal and Surety shall not be liable to all Obligees in the aggregate in excess of the penal sum above stated." Section 5.2 Standards Applicable. The Owner may effect such coverage under blanket insurance policies, provided, however, that (i) such policies are written on a per occurrence basis, (ii) such policies comply in all other respects with the provisions of Section 5.1, and (iii) the protection afforded the City under any such policy shall be no less than that which would be available under a separate, policy relating only to this Acquisition Agreement. 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.

Section 5.3 Evidence of Insurance. Prior to the Acceptance Date, the Owner shall furnish to the City, from time to time upon request of the Director, a certificate of insurance regarding each insurance policy required to be maintained by the Owner hereunder.

ARTICLE VI

REPRESENTATIONS, WARRANTIES AND COVENANTS
Section 6.1 Representations, Covenants and Warranties of the Owner. The Owner represents and warrants for the benefit of the City, as follows:
(a) Organization. Owner is a California corporation and is validly doing business and in good standing in the State of California, is in compliance with all applicable laws of the State, and has the power and authority to own its properties and assets and to carry on its business as now being conducted and as now contemplated.
(b) Authorit%. The Owner has the power and authority to enter into this Acquisition Agreement, and has taken all action necessary to cause this Acquisition Agreement to be executed and delivered, and this Acquisition Agreement has been duly and validly executed and delivered by the Owner.
(c) Bindinc Oblieation. This Acquisition Agreement is a legal, valid and binding obligation of the Owner, enforceable against the Owner in accordance with its terms, subject to bankruptcy and other equitable principles.
(d) Comlliance with Laws. The Owner shall not with knowledge commit, suffer or permit any act to be done in, upon or to the lands of the Owner in the District or the Facilities in violation of any law, ordinance, rule, regulation or order of any governmental authority or any covenant, condition or restriction now or hereafter affecting the lands in the District or the Facilities. (e) ReL nests for Pa% ment. The Owner represents and warrants that (i) it will not request payment from the City for the acquisition of any improvements that are not part of the Facilities, and (ii) it will diligently follow all procedures set forth in this Acquisition Agreement with respect to the Payment Requests.
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(f) Financial Records. Until the final acceptance of the Facilities, the Owner covenants to maintain proper books of record and account for the construction of the Facilities and all costs related thereto. Which accounting books shall be maintained in accordance with generally accepted accounting principles, and shall be available for inspection by the City or its agent at any reasonable time during regular business hours on reasonable notice. (g) Prevailine Wailes. The Owner covenants that, with respect to any contracts or subcontracts for the construction of the Facilities to be acquired from the Owner hereunder; it has assured complete compliance with any applicable law or regulation for the payment of prevailing wages for such construction.
(h) Plans. The Owner represents that it has obtained or will obtain approval of the Plans for the Facilities to be acquired from the Owner hereunder from all appropriate departments of the City and from any other public entity or public utility from which such approval must be obtained. The Owner further agrees that the Facilities to be acquired from the Owner hereunder have been or will be constructed in full compliance with such approved plans and specifications and any supplemental agreements (change orders) thereto, as approved in the same manner.

Section 6.2 Indemnification and Hold Harmless. The Owner shall assume the defense of, indemnify and save harmless the City, members of the City Council, their officers, officials, employees and agents and each of them, from and against all actions, damages, claims, losses or expense of every type and description to which they may be subjected or put, by reason of, or resulting from the breach of any provision of this Acquisition Agreement by the Owner, the Owner's or any other entity's negligent design, engineering and/or construction of any of the Facilities acquired from the Owner hereunder, the Owner's non-payment under contracts between the Owner and its consultants, engineer's, advisors, contractors, subcontractors and suppliers in the provision of the Facilities, any claims of persons employed by the Owner or its agents to construct the Facilities, claims for damages to persons or property related to the actions of Owner contemplated by this Acquisition Agreement or any claims arising out of any alleged misstatement of a material fact or omission of a material fact with respect to provisions in any Official Statement for the Bonds for which the Owner certifies in a customary certificate executed in connection with the printing of the Official Statement for such Bonds. Notwithstanding the foregoing, no indemnification is given hereunder for any action, damage, claim, loss or expense directly attributable solely to the intentional acts or negligence of the City, or its officers, directors, employees or agents hereunder.

No provision of this Acquisition Agreement shall in any way limit the Owner's responsibility for payment of damages resulting from the operations of the Owner, its agents, employees or its contractors.

ARTICLE VII

TERMINATION
Section 7.1 Mutual Consent. This Acquisition Agreement may be terminated by the mutual, written consent of the City and the Owner, in which event the City may let contracts for any remaining work related to the Facilities not theretofore acquired from the Owner hereunder, and use all or any portion of the monies in the Improvement Fund to pay for same, and the Owner shall have no claim or right to the Purchase Price of Facilities or Discrete Components hereunder, except as otherwise may be provided in such written consent. In any event, this Acquisition Agreement shall 14 4892-6939-1454x2/022599-0032