EXTENDED DETENTION BASIN BMP FACT SHEET
SIDE SLOPES NO STEEPER THAN 4H:1V
UNLESS NOTED OTHERWISE PER DISTRICT
BASIN GUIDELINES OR OTHER GUIDELINES
ISSUED BY THE ENGINEERING AUTHORITY
(EA) OR PLANNING AUTHORITY
(P
FORE BAY
FOREBAY VOLUME=
3%-5% OF Vbmp
SURFAC
INFLOW
iNFI.P�4y_ I^
PAVED BOTTOM
TOP OF
BASIN
vfi
BASIN FLOOR WITH 1% MIN.
SLOPE TO LOW -FLOW TRENCH V
SIZE NOTCH -TYPE WEIR
OUTLET TO DRAIN FOREBAY
VOLUME IN 5 MINUTES
BERM/WALL
rV
18"W X 24"D
GRAVEL FILLED
COLLECTOR TRENCH
SECT ON
COLLECTOR
TRENCH
PLAN
NTS
SECTION A -A
INVERT OF
45'W X 24'D
GRAVEL FILLED
LOW FLOW
TRENCH
WATER SURFACE -DO
PROFILE
NTS
BOTTOM
STAGE
PERFORATED PIPE
SUBDRAIN
ACCESS TO OUTLET
OUTLET WITH TRASH
RACK PER WQ501
48"WX24"D
LOW -FLOW TRENCH
18'W X 24" D
COLLECTOR TRENCHES
AT 25' O.C. MAX
LOW FLOW TRENCH
MIN BOTTOM STAGE
VOL=0.596 Vb np
DBS
0.33 MIN
BASIN VOLUMES
SECTION
FILTER DRAIN
DFO
2.33' MIN
Figure 1— Extended Detention Basin
OUTLET WORKS
(SEE WQ501 DETAILS)
TOP OF
BASIN
LOWEST
ORIFICE
DRAWING NOTES
1 AASHTO NO. 57 OR 67 COARSE
AGGREGATE LAYER
0 FINE AGGREGATE PER ASTM C-33.
03 AASHTO NO.2 GRAVEL LAYER
GENERAL NOTES
1. SEE RIVERSIDE COUNTY FLOOD CONTROL
DISTRICTS APPENDIX B - "UNDERDRAINS"
FOR ADDITIONAL INFORMATION REGARDING
UNDERDRAINS
2. SEE RIVERSIDE COUNTY FLOOD CONTROL
DISTRICTS APPENDIX C -'BASIN GUIDELINES'
FOR ADDITIONAL GENERAL BASIN INFORMATION
Riverside County - Low Impact Development BMP Design Handbook rev. 9/2011
EXTENDED DETENTION BASIN BMP FACT SHEET
Siting Considerations
Soils: EDBs can be used with almost all soils and geology. However, pollutant removal effectiveness is greatly improved when the underlying soil permits at least some infiltration.
Tributary Area: EDBs should only be used where the tributary drainage area is at least 5 acres, since meeting the draw -down requirements (discussed below) for smaller areas would result in very small outlet orifice diameters which would be prone to clogging.
Proximity to Receiving Waters: All site runoff must be treated to the MEP with appropriate BMPs before being discharged into Receiving Waters; as such the EDB cannot be constructed in -line within Receiving Waters.
Setbacks: Due to the infiltration characteristics incorporated into the EDB design, the lowest pervious point (beneath the filter drain) of the extended detention facility should be a minimum of 10' above the seasonal high groundwater table. All other setbacks shall be in accordance with applicable standards of the "Basin Guidelines" (Appendix C) or other guidelines issued by the Engineering Authority (EA).
Basin Guidelines: See Section 1 of the "Basin Guidelines" (Appendix C) for additional requirements (i.e., fencing, maintenance access, etc.) that may be required by the Engineering Authority (EA).
Landscaping Requirements
Basin vegetation provides erosion protection, enhances evapotranspiration and infiltration, and improves pollutant removal. The upper stage basin surface, berms and side slopes shall be planted with native grasses. Proper landscape management is also required to ensure that the vegetation does not contribute to water pollution through the use of pesticides, herbicides, or fertilizers. Landscaping shall be in accordance with applicable standards of the "Basin Guidelines" (Appendix C) or other guidelines issued by the EA.
Riverside County - Low Impact Development BMP Design Handbook rev. 9/2011
EXTENDED DETENTION BASIN BMP FACT SHEET
Maintenance Guidelines
Schedule
L Inspection and Maintenance Activity
During every scheduled
• Maintain vegetation as needed. Use of fertilizers, pesticides and maintenance check (per below),
and as needed at other times
herbicides should be strongly avoided to ensure they don't contribute to water pollution. If appropriate native plant selections and other IPM methods are used, such products shouldn't be needed. If such projects are used:
o Care should be taken to avoid contact with the low -
flow or other trenches, and the media filter in the
bottom stage.
o Products shall be applied in accordance with their
labeling, especially in relation to application to water, and in areas subjected to flooding.
o Fertilizers should not be applied within 15 days before, after, or during the rainy season.
• No ponded water should be present for more than 72 hours to avoid nuisance or vector problems. No algae formation should be visible.
Correct problems as needed.
Annually. If possible, schedule
these inspections before the
beginning of the rain season to
allow for any repairs to occur
before rains occur.
• Remove debris and litter from the entire basin
• Inspect hydraulic and structural facilities. Examine the outlet for clogging, the embankment and spillway integrity, as well as damage to any structural element.
• Check for erosion, slumping and overgrowth. Repair as needed. • Inspect sand media at the filter drain to verify it is allowing acceptable infiltration. Scarify top 3 inches by raking the filter drain's sand surface annually.
• Check the media filter underdrains (via the cleanout) for damage or clogging. Repair as needed.
• Remove accumulated sediment and debris from the forebay, and ensure that the notch weir is clear and will allow proper drainage. • Check gravel filled low flow and collector trenches for sediment buildup and repair as needed.
Every 5 years or sooner
(depending on whether observed
drain times to empty the basin
are less than 72 hours).
• Remove the top 3 inches of sand from the filter drain and backfill with 3 inches of new sand to return the sand layer to its original depth.
When scarification or removal of the top 3 inches of sand is no longer effective, remove and replace sand filter layer.
Whenever substantial sediment
accumulation has occurred.
• Remove accumulated sediment from the bottom of the basin.
Removal should extend to original basin depth.
Riverside County - Low Impact Development BMP Design Handbook rev. 9/2011
EXTENDED DETENTION BASIN BMP FACT SHEET
Design Summary
Design Parameter
Extended Detention Basin
Drawdown time (total)
72 hours
Minimum drawdown time for 50% VBMP
24 hours 2
Minimum tributary area
5 acres 2
Outlet erosion control
Energy dissipaters to reduce velocities'
Forebay volume
3 to 5 % of VBMP3
Basin Invert Longitudinal Slope (min.)
1%
Basin Invert Transverse (cross) Slope (min)
1%
Low -flow trench width (min.)
48 inches
Low -flow trench depth (min.)
24 inches
Slope of low -flow trench along bottom
excavated Surface (max.)
o
1 /o
Slope of gravel collector trenches along
bottom excavated surface (max.)
1 %
Length to width ratio (min.)
1.5:1
Basin depth (min.)
1 foot 3
Bottom stage volume
O.5 % of VBMP 3
Bottom stage depth (min)
0.33 feet 3
Filter drain depth (min)
2.33 feet 3
1. Ventura County's Technical Guidance Manual for Stormwater Quality Control Measures
2. CA Stormwater BMP Handbook for New Development and Significant Redevelopment
3. Denver, Colorado's UDFCD Drainage Criteria Manual, Volume 3 Note: The information contained in this BMP Factsheet is intended to be a summary of design considerations and requirements. Additional information which applies to all detention basins may be found in the "Basin Guidelines" (Appendix C). In addition, information herein may be superseded by other guidelines issued by the Engineering Authority.
Design Procedure
These steps correspond to and provide a description of the information required in the EDB Design Worksheet.
1. Find the Design Volume, VBMP.
a) Enter the tributary area, AT to the BMP. The minimum tributary area is 5 acres. b) Enter the Design Volume, VgMp, determined from Section 2.1 of this Handbook.
Riverside County - Low Impact Development BMP Design Handbook rev. 9/2011
EXTENDED DETENTION BASIN BMP FACT SHEET
2. Basin Footprint
a) Enter the length and width of the EDB. The length shall be measured between the inlet to the basin and the outlet structure; and the width shall be measured at the widest point of the basin invert. The length to width ratio should be 1.5:1 or longer to prevent short-circuiting and increase the overall effectiveness of the BMP.
Bottom Stage
Inlet
Cutlet
Inlet
Correct Inlet vs.
Outlet Placement
outlet
Bottom Stage
Incorrect Inlet vs.
Outlet Placement
b) Enter the internal basin side slopes. See the "Basin Guidelines" (Appendix C) for side slope requirements. If variable internal side -slopes are used, enter the steepest slope that will be used.
c) Using Figure 1 as a guide, enter the proposed basin depth, DB, and the freeboard depth, DFB. Based on the information provided, the spreadsheet will calculate the minimum total depth required, DREQ, for this BMP. DREQ is the depth from the bottom of the underdrain layer in the bottom stage (see step 5c), to the top of the freeboard. This calculated minimum required depth can be used to determine if enough elevation difference is available within the design topography to allow for use of this BMP.
d) Additionally, the basin depth DB is equal to Do, which is the depth from the design pond water surface elevation to the lowest orifice in the outlet structure. Do is confirmed by the spreadsheet and is used in the Basin Outlet Design described in step 6 below. It should be noted that this lowest orifice is a critical elevation in the design of this BMP. The Volume of the Basin VBasin described in step 3d) is the volume of water above this lowest orifice. This lowest -orifice also represents the dry weather ponded water surface discussed in step 5c below. Below this elevation there must be a minimum of a 4 -inch drop down to the surface of the Sand Filter in the bottom stage.
Riverside County - Low Impact Development BMP Design Handbook rev. 9/2011
EXTENDED DETENTION BASIN BMP FACT SHEET
3. Basin Design
a) The Total Basin Depth, DTOT, is calculated automatically, and is the sum of the basin depth DB plus the freeboard depth DFB.
b) Enter the longitudinal slope of the basin invert. This slope must be at least 1% and is measured along the low flow trench between the forebay and the bottom stage.
Note that the surface of the sand layer in the bottom stage must be level (see Figure 1).
c) Enter the transverse slope of the basin invert. This transverse (cross sectional) slope must be at least 1% sloped toward the low flow trench.
d) Enter the Volume of the Basin, VBas;n. This volume must be the actual volume of water held within the basin as substantiated by modeling or appropriate volumetric calculations, and must be equal to or greater than VBMP. This volume must be held above the lowest orifice in the Basin Outlet Design described in step 6 below.
4. Forebay Design
All flows must enter the basin through the
forebay. The forebay provides a location for the
settlement and collection of larger particles, and
any other trash or debris. A relatively smooth and
level concrete bottom surface should be provided
to facilitate mechanical removal of any
accumulated sediment, trash and debris.
a) Enter the Forebay Volume VFB. This
volume must be from 3 to 5 percent of
VBMP•
Turn C1ra , NC-SU
Figure 2: Forebay filled with storm water
b) A rock or concrete berm must be constructed to detain water before it drains into the basin. The top of the berm shall be set no higher than the invert of the inlet conveyance. Enter the Forebay Depth, DFBY•
c) The spreadsheet will calculate the minimum surface area of the forebay, AFB, based on the provided Forebay Volume and Depth. Ensure that the plans provide for a forbay area at least this large.
d) Although the forebay will be well submerged in the design event, a full height rectangular notch -type weir shall be constructed through the berm to prevent permanent ponding in the forebay, and allow water to slowly and fully drain to the main body of the basin. This notch should be offset from the inflow streamline to prevent low -flows from short circuiting. Enter the width, W, of this rectangular notch weir. The width shall not be less than 1.5 inches to prevent clogging. Additionally, Riverside County - Low Impact Development BMP Design Handbook rev. 9/2011
EXTENDED DETENTION BASIN BMP FACT SHEET
immediately outside the notch construct a minimum 1 -foot by 1 -foot gravel pad to prevent vegetative growth within the basin invert from blocking the notch.
5. Dry Weather and Low -Flow Management
The basin shall have both a low -flow gravel trench and a network of gravel collector trenches across the invert of the basin, as well as a bottom stage sand filter to treat low flows and dry weather flows (see Figure 1).
a) Low Flow Trench: The low -flow gravel trench conveys flow from the forebay to the bottom stage, while allowing for maximum
incidental infiltration and volume loss. The
trench shall be a minimum of 48 inches wide
by 24 inches deep. This trench shall be
unlined and backfilled with AASHTO No. 2
gravel (or similar) to the finished surface of
the basin invert, and shall not use
underdrains. The bottom excavated surface
of the low -flow trench shall be 1 percent or
flatter to promote infiltration.
Figure 3: Gravel filled low -flow trench
b) Collector Trenches: Gravel collector trenches beneath the top stage shall be arranged as illustrated in Figure 1 of Appendix C with minimal slope (1% maximum) along their bottom excavated surface to promote infiltration, and must extend from the low -flow trench to the toe of the basin side slopes. They shall be a minimum of 18 -inches wide by 24 -inches deep, unlined and backfilled with AASHTO No. 2 gravel (or similar) to the finished basin invert surface. The gravel collector trenches shall not use underdrains and shall be constructed with a maximum spacing of 25 feet, center to center. See Figure 1 of Appendix C.
c) Bottom Stage: A depressed sand filter drain area, referred to as the bottom stage, must be constructed adjacent to the outlet structure to treat any dry weather flows.
To ensure that dry weather flows are treated through the sand filter and not discharged through the orifice plate, the top surface of the sand filter must be depressed at least 4 inches below the lowest orifice in the outlet structure. This depressed area will create a micro pool of water that is then filtered down through the sand filter and out through underdrains. Based on the minimum dimensions described below, the minimum depth of excavation below the lowest orifice in the outlet structure is 2.33 feet.
i. Enter the Depth of the bottom stage, DBS. As mentioned above, this depth must be at least 4 inches, and extend down below the lowest orifice in the outlet structure.
ii. Enter the area of the bottom stage, ABS.
Riverside County - Low Impact Development BMP Design Handbook rev. 9/2011
EXTENDED DETENTION BASIN BMP FACT SHEET
iii. Based on the Dgs and Ags entered, the spreadsheet will calculate Vgs. This volume is the volume of ponded water that will be held below the lowest orifice in the outlet structure, and above the surface of the sand filter. This volume must be at least 0.5% of VgMP.
iv. Enter the thickness of the ASTM C-33 sand layer that will be provided, Ds. A minimum thickness of 18 inches is required.
v. Below the sand layer, a minimum 10 -inch thick layer of gravel shall be installed with underdrains to drain the water that has been treated through the sand filter. The underdrains shall connect into the outlet structure. See Appendix B for standard underdrain construction. Enter the diameter of the underdrain pipe (minimum 6" dia.), and the spacing of the underdrains. The maximum spacing of the underdrains is 20 feet on center, however where the area of the bottom stage is particularly small (less than 500 square feet), the underdrain pipes shall be placed at no more than a 10 -foot separation on center.
6. Basin Outlet Design
N
A
DISTRICT BASIN DESIGN GUIDELINES OR
OTHER GUIDELINES ISSUED BY THE
CO-PERMITTEE _g
Basin Design
Water Surface a•0\cs
Sand Filter Layer
W.Q. Trash Rack (2)
Lowest Orifice
O Gravel Layer O with Subdrains O
Figure 4: Basin Outlet Structure with Bottom Stage Shown verflow/Flood Control
Trash Rack
Dry Weather Water
Surface
in Bottom Stage
47 Outlet structures for publicly maintained basins shall conform to District Standard Drawings WQ501 unless approved in advance by the local Engineering Authority (EA). This standardization is to provide for efficient maintenance. The basin outlet should be sized to release the design volume, VBMP, within a 72 -hour period but 50 percent of VBMP within 24 hours. This is an iterative design process where an appropriate control orifice can be selected using the following steps:
a. Develop a Stage vs. Discharge Curve for the Outlet Structure Riverside County - Low Impact Development BMP Design Handbook rev. 9/2011
EXTENDED DETENTION BASIN BMP FACT SHEET
Estimate the orifice size and outlet plate configuration (number per row, etc.). Based on Do provided in the Basin Footprint section, the spreadsheet will automatically generate the stage vs. discharge relationship for this outlet:
Q= C*A*[2*g*(H-H0)jos
Where:
Q = discharge (ft3/s)
C = orifice coefficient
A = area of the orifice (ft)
g = gravitational constant (32.2 ft2/s)
H = water surface elevation (ft)
Ho = orifice elevation (ft)
The lowest orifice shall be located with its centerline at the top of the bottom stage; at least 4 inches above the surface of the sand filter drain. To help avoid clogging, the minimum orifice diameter is limited to 3/8 inch. Since the 1/4 inch thickness of the orifice plate will be less than the orifice diameter, a value for C of 0.66 may be used. If another value for C is used, justification may be required.
b. Develop a Discharge/Volume vs. Stage Table for the Basin Based on the shape and size of the basin, develop a relationship between the stage and the volume of water in the basin. Since the orifice spacing is 4 inches on center for the standard orifice plate, the stage intervals must also be 4 inches. Enter the basin volume at each interval starting at the centerline of the lowest orifice. c. Route the Design Volume through the Basin
The spreadsheet assumes that the Design Volume, VgMp, enters the basin instantaneously and as such, no inflow/outflow hydrograph is necessary. The drawdown time for each stage becomes:
At = V;/Q
Where:
At = drawdown time for each stage
V, = the volume at each stage
Q = the flow rate corresponding to the headwater elevation at each stage.
The spreadsheet automatically determines the drawdown time from the sum of the At va ues or eaci stage. - the orifice size and plate configuration estimate meets the Riverside County - Low Impact Development BMP Design Handbook rev. 9/2011
EXTENDED DETENTION BASIN BMP FACT SHEET
hydraulic retention time requirements (50% of the volume empties in not less than 24 hours, 100% of the volume empties in no more than 72 hours), the outlet is correctly sized. If these requirements are not met, select a new orifice size or configuration and repeat the process starting at Step 6a.
7. Outlet Protection
To prevent the orifices from clogging, trash racks are required where perforated vertical outlet control plates are used. This allows for easier access to outlet orifices for inspection and cleaning. Trash racks shall be sized to prevent clogging of the primary water quality outlet without restricting the hydraulic capacity of the outlet control orifices. The orifice plate shall be protected with a trash rack conforming to Standard Drawing WQ501 (at end of this section) with at least six square feet
of open surface area or 25 times the
total orifice area, whichever is greater.
The rack shall be adequately secured to
prevent it from being removed or
opened when maintenance is not
occurring.
Trash rack with screen
Overflow Structure Similar to Standard Drawing
Number WQ 501
(Photo courtesy of Colorado Association of
Stormwater Floodplain Managers)
Riverside County - Low Impact Development BMP Design Handbook rev. 9/2011
EXTENDED DETENTION BASIN BMP FACT SHEET
8. Overflow Outlet
Overflow outlets for publicly maintained basins shall conform to Standard Drawing WQ501 (at end of this section) unless approved in advance by the Engineering Authority (EA).
9. Embankment
Embankments shall be designed in accordance with applicable standards of Riverside County Flood Control District's "Basin Guidelines" (Appendix C) or other guidelines issued by the Engineering Authority (EA). Where applicable, embankment designs must additionally conform to the requirements of the State of California Division of Safety of Dams.
10. Spillway and Overflow Structures
Spillway and overflow structures should be designed in accordance with applicable standards of the "Basin Guidelines" (Appendix C) or other guidelines issued by the Engineering Authority (EA).
Riverside County - Low Impact Development BMP Design Handbook rev. 9/2011
ILI- 40 LOZ 1, abed
Riverside County - Low Impact Development BMP Design Handbook Lt= ON DENVER UDFCD STD
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EXTEN DED DETENTION BASIN BMP FACT SHEET
EXTENDED DETENTION BASIN BMP FACT SHEET
BASED ON DENVER UDFCD STD
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Riverside County - Low Impact Development BMP Design Handbook
rev. 9/2011
EXTENDED DETENTION BASIN BMP FACT SHEET
OVERFLOW, TRASH
RACK CALTRANS
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Riverside County - Low Impact Development BMP Design Handbook
rev. 9/2011
EXTENDED DETENTION BASIN BMP FACT SHEET
BASED ON DENVER UDFCD STD
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Riverside County - Low Impact Development BMP Design Handbook
rev. 9/2011
Riverside County - Low Impact Development BMP Design Handbook
BASED ON DENVER UDFCD STD
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2. PERFORATED PLATE TO BE 114" STAINLESS STEEL
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TREATMENT OR BOTH.
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EXTEN DED DETENTION BASIN BMP FACT SHEET
ZLLI- 40 ZI.Z1, abed
Riverside County - Low Impact Development BMP Design Handbook BASED ON D=N
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Helpful telephone numbers and links:
Riverside County Stormwater Protection Partners
Flood Control District
County of Riverside
City of Banning
City of Beaumont
City of Calimesa
City of Canyon Lake
Cathedral City
City of Coachella
City of Corona
City of Desert Hot Springs
City of Eastvale
City of Hemet
City of Indian Wells
City of Indio
City of Lake Elsinore
City of La Quinta
City of Menifee
City of Moreno Valley
City of Murrieta
City of Norco
City of Palm Desert
City of Palm Springs
City of Perris
City of Rancho Mirage
City of Riverside
City of San Jacinto
City of Temecula
City of Wildomar
(951) 955-1200
(951) 955-1000
(951) 922-3105
(951) 769-8520
(909) 795-9801
(951) 244-2955
(760) 770-0327
(760) 398-4978
(951) 736-2447
(760) 329-6411
(951) 361-0900
(951) 765-2300
(760) 346-2489
(760) 391-4000
(951) 674-3124
(760) 777-7000
(951) 672-6777
(951) 413-3000
(951) 304-2489
(951) 270-5607
(760) 346-0611
(760) 323-8299
(951) 943-6100
(760) 324-4511
(951) 361-0900
(951) 654-7337
(951) 694-6444
(951) 677-7751
REPORT ILLEGAL STORM DRAIN DISPOSAL
1-800.506.2555 or e-mail us at
[email protected]
• Riverside County Flood Control and Water
Conservation District
wwwrcflood.org
Online resources include:
• California Storm Water Quality Association
www.casqa.org
• State Water Resources Control Board
www.waterboards.ca.gov
• Power Washers of North America
www.thepwna.org
Stormwater Pollution
What you should know for...
Outdoor Cleaning
Activities and
Professional Mobile
Service Providers
Storm drain pollution prevention
information for:
• Car Washing / Mobile Detailers
• Window and Carpet Cleaners
• Power Washers
• Waterproofers / Street Sweepers
• Equipment cleaners or degreasers
and all mobile servic
Do you know where street flows actually go?
Storm drains are NOT connected to sanitary sewer systems and treatment plants!
ONLY RAIN IN THE DRAIN
The primary purpose of storm drains is to carry rain water away from developed areas to prevent flooding. Pollutants discharged to storm drains are transported directly into rivers, lakes and streams. Soaps, degreasers, automotive fluids, litter and a host of materials are washed off buildings, sidewalks, plazas and parking areas. Vehicles and equipment must be properly managed to prevent the pollution of local waterways.
Unintentional spills by mobile service operators can flow into storm drains and pollute our waterways. Avoid mishaps. Always have a Spill Response Kit on hand to clean up unintentional spills. Only emergency Mechanical repairs should be done in City streets, using drip pans for spills. Plumbing should be done on private property. Always store chemicals in a leak -proof container and keep covered when not in use. Window/Power Washing waste water shouldn't be released into the streets, but should be disposed of in a sanitary sewer, landscaped area or in the soil. Soiled Carpet Cleaning wash water should be filtered before being discharged into the sanitary sewer. Dispose of all filter debris properly. Car Washing/Detailing operators should wash cars on private property and use a regulated hose nozzle for water flow control and runoff / prevention. Capture and dispose of waste water and chemicals properly.
Remember, storm drains are for receiving rain water runoff only.
REPORT ILLEGAL
STORM DRAIN
DISPOSAI
800-506-2555
Help Protect Our Waterways!
Use these guidelines for Outdoor Cleaning Activities and Wash Water Disposal Did you know that disposing of
pollutants into the street, gutter,
storm drain or body of water is
PROHIBIT 'ED by law and can result
in stiff penalties?
Best Management Practices
Waste wash water from Mechanics, Plumbers,
Window/Power Washers, Carpet Cleaners, Car
Washing and Mobile Detailing activities may
contain significant quantities of motor oil, grease,
chemicals, dirt, detergents, brake pad dust, litter
and other materials.
Best Management Practices, or BMPs as they are
known, are guides to prevent pollutants from
entering the storm drains. Firh of us can do our
part to keep stormwater clean by using the
suggested BMPs below:
Simple solutions for both
light and heavy duty jobs:
DO...consider dry cleaning methods first such
as a mop, broom, rag or wire brush. Always keep
a spill response kit on site.
DO...prepare the work area before power
cleaning by using sand bags, rubber mats, vacuum
booms, containment pads or temporary berms to
keep wash water away from the gutters and storm
drains.
DO...use vacuums or other machines to
remove and collect loose debris or litter before
applying water.
DO...obtain the property owner's permission to
dispose of small amounts of power washing waste
water on to landscaped, gravel or unpaved
surfaces.
DO...check your local sanitary sewer agency's
policies on wash water disposal regulations before
disposing of wash water into the sewer. (See list
on reverse side)
DO...be aware that if discharging to landscape
areas, soapy wash water may damage landscaping.
Residual wash water may remain on paved
surfaces to evaporate. Sweep up solid residuals
and dispose of properly. Vacuum booms are
another option for capturing and collecting wash
water.
DO...check to see if local ordinances prevent
certain activities.
Do not let...wash or waste water from
sidewalk, plaza or building cleaning go into a
street or storm drain.
Report illegal storm drain disposal
Call Toll Free
1-800-506-2555
Using Cleaning Agents
Try using biodegradable/phosphate-free products.
They are easier on the environment, but don't
confuse them with being toxic free. Soapy water
entering the storm drain system can impact the
delicate aquatic environment.
amok
y r.
u
r
When cleaning surfaces with a high-pressure
washer or steam cleaner, additional precautions
should be taken to prevent the discharge of
pollutants into the storm drain system. These
two methods of surface cleaning can loosen
additional material that can contaminate local
waterways.
Think Water Conservation
Minimize water use by using high pressure, low
volume nozzles. Be sure to check all hoses for
leaks. Water is a precious resource, don't let it flow
freely and be sure to shut it off in between uses.
Screening Wash Water
Conduct thorough dry cleanup before washing
exterior surfaces, such as buildings and decks
with loose paint, sidewalks or plaza areas. Keep
debris from entering the storm drain after
cleaning by first passing the wash water through
a "20 mesh" or finer screen to catch the solid
materials, then dispose of the mesh in a refuse
container. Do not let the remaining wash water
enter a street, gutter or storm drain.
Drain Inlet Protection &
Collection of Wash Water
• Prior to any washing, block all storm drains
with an impervious barrier such as sandbags
or berms, or seal the storm drain with plugs
or other appropriate materials.
• Create a containment area with berms and
traps or take advantage of a low spot to keep
wash water contained.
• Wash vehicles and equipment on grassy or
gravel areas so that the wash water can seep
into the ground.
• Pump or vacuum up all wash water in the
contained area.
Concrete/Coring/Saw Cutting
and Drilling Projects
Protect any down -gradient inlets by using dry
activity techniques whenever possible. If water is
used, minimize the amount of water used during
the coring/drilling or saw cutting process. Place a
barrier of sandbags and/or absorbent berms to
protect the storm drain inlet or watercourse. Use a
shovel or wet vacuum to remove the residue from
the pavement. Do not wash residue or particulate
matter into a storm drain inlet or watercourse.
Pane 191R of 1772
BEAUMONT
-C A L I F O R N A -
Staff Report
TO: Honorable Mayor and Members of the City Council
FROM: Robert L. Vestal, City Engineer I Public Works Director BY: Matthew Mendoza, Senior Management Analyst
DATE: March 3, 2026
SUBJECT: Public Hearing - First Reading of an Ordinance Amending Ordinance No. 1178 to Establish Construction Cost Index Adjustments to the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program Description: Public hearing and first reading of an Ordinance Amending Ordinance No. 1178 to Establish Construction Cost Index Adjustments to the Western Riverside County TUMF Program.
Background and Analysis:
The City of Beaumont is a Member Jurisdiction of the Western Riverside Council of Governments ("WRCOG"), a joint powers agency comprised of the County of Riverside and eighteen (18) cities located in Western Riverside County. Acting in concert, in 2002-2003, WRCOG member jurisdictions developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials due to new development in Western Riverside County could be made up in part by a Transportation Uniform Mitigation Fee ("TUMF") on future residential, commercial, and industrial development.
On November 12, 2025, the Western Riverside Council of Governments (WRCOG) Executive Committee approved a Construction Cost Index (CCI) adjustment to the Transportation Uniform Mitigation Fee (TUMF). This adjustment will update the TUMF fee schedule and is scheduled to take effect on July 1, 2026.
In addition to the one-time CCI adjustment, the Executive Committee approved new ordinance language authorizing automatic annual CCI adjustments. These annual adjustments will be based on two approved construction cost indices and applied on a recurring basis. This change is intended to maintain alignment between TUMF fees and construction cost trends between future Nexus Study updates, thereby reducing the need for larger, less frequent, fee increases.
The proposed ordinance amendment also includes minor refinements to the definitions of single-family and multi -family residential development. These refinements are intended to improve clarity and consistency across the TUMF Program and do not modify the underlying fee methodology. The changes to Ordinance 1178 will be reflected in Beaumont Municipal Code Chapter 3.39.
Participating agencies are required to adopt local ordinance and fee resolution updates prior to July 1, 2026, for the revised TUMF fee schedule to take effect on that date.
Early adoption is encouraged to avoid implementation delays and to maintain consistency in TUMF program administration across jurisdictions. Staff recommend holding a public hearing and bringing this item back to City Council on March 17, 2026, for a second reading and adoption.
Fiscal Impact:
The cost to prepare this staff report is approximately $480.
Recommended Action:
Hold a public hearing;
Waive the first full reading, "An Ordinance of the City of Beaumont Amending Ordinance No. 1178 to Establish Construction Cost Index Adjustments to the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program and Amending Chapter
3.39 of the Beaumont Municipal Code"; and,
Waive the first full reading, "A Resolution of the City Council of the City of Beaumont Amending the Applicable Transportation Uniform Mitigation Fee (TUMF) Program Applicable to all Developments in the City of Beaumont." Attachments:
A. Proposed TUMF Resolution
B. Proposed TUMF Ordinance
C. Proof of Public Notice
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT AMENDING THE
APPLICABLE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) PROGRAM
APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF BEAUMONT
WHEREAS, the City of Beaumont ("City") is a member agency of the Western Riverside Council of Governments ("WRCOG"), a joint powers agency comprised of the County of Riverside and eighteen cities located in Western Riverside County; and WHEREAS, the member agencies of WRCOG recognized that there was insufficient funding to address the impacts of new development on the regional system of highways and arterials in Western Riverside County (the "Regional System"); and WHEREAS, in order to address this shortfall, the member agencies formulated a plan whereby a transportation mitigation fee would be assessed on new development and would be used to fund the necessary improvements for the Regional System; and WHEREAS, WRCOG, with the assistance of TUMF Participating Jurisdictions, prepared an updated nexus study entitled "Transportation Uniform Mitigation Fee Nexus Study: 2024 Update" ("2024 Nexus Study") pursuant to California Government Code sections 66000 et seq. (the Mitigation Fee Act), for the purpose of updating the fees; and WHEREAS, in September 2024, the WRCOG Executive Committee reviewed the 2024 Nexus Study and TUMF Program and recommended TUMF Participating Jurisdictions amend their applicable TUMF ordinances to reflect changes in the TUMF network and the cost of construction in order to update the TUMF Program; and
WHEREAS, consistent with its previous findings made in the adoption of Ordinance No. 1178, the City Council has been informed and advised, and hereby finds, that if the capacity of the Regional System is not enlarged and unless development contributes to the cost of improving the Regional System, the result will be substantial traffic congestion in all parts of Western Riverside County, with unacceptable Levels of Service. Furthermore, the failure to mitigate growing traffic impacts on the Regional System will substantially impair the ability of public safety services (police and fire) to respond and, thus, adversely affect the public health, safety and welfare. Therefore, continuation of a TUMF Program is essential; and WHEREAS, the City Council finds and determines that there is a reasonable and rational relationship between the use of the TUMF and the type of development projects on which the fees are imposed because the fees will be used to construct the transportation improvements that are necessary for the safety, health, and welfare of the residential and non-residential users of the development in which the TUMF will be levied; and
WHEREAS, the City Council finds and determines that there is a reasonable and rational relationship between the need for the improvements to the Regional System and the type of development projects on which the TUMF is imposed because it will be necessary for the residential and non-residential users of such projects to have access to the Regional system.
Such development will benefit from the Regional System improvements and the burden of such developments will be mitigated in part by payment of the TUMF; and
WHEREAS, the City Council finds and determines that the cost estimates set forth in the new 2024 Nexus Study are reasonable cost estimates for constructing the Regional System improvements and the facilities that compromise the Regional System, and that the amount of the TUMF expected to be generated by new development will not exceed the total fair share cost to such development; and
WHEREAS, the fees collected pursuant to the TUMF Ordinance shall be used to help pay for the design, planning, construction of and real property acquisition for the Regional System improvements and its facilities as identified in the 2024 Nexus Study. The need for the improvements and facilities is related to new development because such development results in additional traffic and creates the demand for the improvements; WHEREAS, by notice duly given and published, the City Council set the time and place for a public hearing on the 2024 Nexus Study and the fees proposed thereunder and at least ten (10) days prior to this hearing, the City Council made the 2024 Nexus Study available to the public; and
WHEREAS, at the time and place set for the hearing, the City Council duly considered data and information provided by the public relative to the cost of the improvements and facilities for which the fees are proposed and all other comments, whether written or oral, submitted prior to the conclusion of the hearing; and
WHEREAS, section 4.C. of Ordinance No. 1178 authorizes periodic review and adjustment to the applicable TUMF in accordance with any adjustments made by the WRCOG Executive Committee; and
WHEREAS, section 4.C.1 of Ordinance No. 1178 implements an annual automatic construction cost index ("CCI") adjustment to the TUMF; and WHEREAS, the purpose of the Resolution is to implement the initial automatic CCI adjustment as provided for in Ordinance 1178; and
WHEREAS, further CCI increases shall be automatically implemented pursuant to section
4.C.1 of Ordinance 1178; and
WHEREAS, Ordinance No. 1178 superseded Ordinance No. 1091, and Chapter 3.39 of the Beaumont Municipal Code needs to be updated; and
WHEREAS, the automatic CCI adjustment implemented by this Resolution is inflationary only and does not modify the underlying fee nexus, land use assumptions, improvement program, or proportionality findings previously adopted by the City; and WHEREAS, the fees collected pursuant to this Resolution shall be used to finance the public facilities described or identified in the Nexus Study; and WHEREAS, the levying of TUMF has been reviewed by the City Council and staff in accordance with the California Environmental Quality Act ("CEQA") and the CEQA Guidelines and it has been determined that the adoption of this Resolution is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.
NOW, THEREFORE, the City Council of CITY OF BEAUMONT, CALIFORNIA does resolve as follows:
SECTION 1. Findings. The recitals set forth above are hereby adopted as findings in support of this Resolution. In addition, the City Council re -adopts the findings contained in Section 2 of Ordinance 1178 in support of the adjusted TUMF contained herein.
SECTION 2. TUMF Schedule. In accordance with Section SECTION 4.C.I of the TUMF Ordinance, there is hereby adopted the following fee schedule implementing the initial CCI adjustment for the TUMF which replaces the fee schedule set forth in Sections 2 and 3 of Resolution No. 2024-46 in its entirety shall go into effect upon the Effective Date set forth in Section 4, below:
A. There is hereby adopted the following TUMF schedule:
(1) $12,705 per single family residential unit 1,800 square feet or less (2) $14,292 per single family residential unit between 1,801 and 2,300 square feet (3) $15,881 per single family residential unit between 2,301 and 2,700 square feet (4) $19,851 per single family residential unit greater than 2,700 square feet (5) $8,021 per multi -family residential unit
(6) $2.39 per square foot of an industrial project
(7) $7.92 per square foot of a retail commercial project (8) $5.02 per square foot of a service commercial project (9) $2.51 per square foot of a service Class A and B Office SECTION 3. CEQA Findings. The City Council hereby finds that in accordance with the California Environmental Quality Act ("CEQA") and the CEQA Guidelines the adoption of this Resolution is exempt from CEQA pursuant to Section 15061(b)(3).
SECTION 4. Effective Date. This Resolution shall become effective upon its adoption.
MOVED, PASSED, and ADOPTED this March 17, 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
By:
Jessica Voigt
Mayor of the City of Beaumont
(SEAL)
ATTEST:
By:
Nicole Wheelwright
Deputy City Clerk of the City of Beaumont
ORDINANCE NO. 1178
AN ORDINANCE OF THE CITY OF BEAUMONT AMENDING
ORDINANCE NO. 1178 TO ESTABLISH CONSTRUCTION
COST INDEX ADJUSTMENTS TO THE WESTERN RIVERSIDE
COUNTY TRANSPORTATION UNIFORM MITIGATION FEE
(TUMF) PROGRAM AND AMENDING CHAPTER 3.39 OF
THE BEAUMONT MUNICIPAL CODE
WHEREAS, the City of Beaumont is a member agency of the Western Riverside Council of Governments ("WRCOG"), a joint powers agency comprised of the County of Riverside and 18 cities located in Western Riverside County. Acting in concert, the WRCOG Member Agencies developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials in Western Riverside County (the "Regional System") could be made up in part by a Transportation Uniform Mitigation Fee ("TUMF") on future residential, commercial and industrial development; and WHEREAS, in furtherance of this plan, the WRCOG Executive Committee adopted the "Western Riverside County Transportation Uniform Fee Nexus Study", dated October 18, 2002 (the "2002 Nexus Study"); and
WHEREAS, based on the 2002 Nexus Study, the City adopted an Ordinance (the "TUMF Ordinance") pursuant to California Government Code sections 66000 et seq. authorizing the City's participation in the TUMF Program.
WHEREAS, in 2016, the TUMF Nexus Study ("2016 Nexus Study") was updated for the purpose of updating the fees. On July 10, 2017, the WRCOG Executive Committee reviewed the 2016 Nexus Study and TUMF Program and recommended TUMF Participating Jurisdictions amend their applicable TUMF ordinances to reflect changes in the TUMF network and the cost of construction in order to update the TUMF Program; and WHEREAS, on September 5, 2017, the City adopted Ordinance No. 1091 which adopted the 2016 Nexus Study and updated the TUMF; and
WHEREAS, in 2018, the TUMF Program was altered to adopt a process in which WRCOG calculates and collects TUMF on behalf of member agencies under the Western Riverside County Transportation Uniform Mitigation Fee Program Ordinance of 2018; and WHEREAS, the City adopted Ordinance No. 1091 on August 15, 2023, allowing WRCOG to calculate and collect TUMF on behalf of the City; and WHEREAS, WRCOG, with the assistance of TUMF Participating Jurisdictions, prepared an updated nexus study entitled "Transportation Uniform Mitigation Fee Nexus Study: 2024 Update" ("2024 Nexus Study") pursuant to California Government Code sections 66000 et seq. (the Mitigation Fee Act), for the purpose of updating the fees; and WHEREAS, in September 2024, the WRCOG Executive Committee reviewed the 2024 Nexus Study and TUMF Program and recommended TUMF Participating Jurisdictions amend their applicable TUMF ordinances to reflect changes in the TUMF network and the cost of construction in order to update the TUMF Program; and
WHEREAS, on January 21, 2025, the City Council approved Ordinance No. 1178, which adopted the 2024 Nexus Study and its findings; and
WHEREAS, Ordinance No. 1178 superseded Ordinance No. 1091, and Chapter 3.39 of the Beaumont Municipal Code needs to be revised; and
WHEREAS, the TUMF Administrative Plan calls for a Construction Cost Index ("CCI") adjustment to be brought forth to the WRCOG Executive Committee on an annual basis; and WHEREAS, on December 1, 2025, the WRCOG Executive Committee approved the implementation of an automatic CCI adjustment for all TUMF land uses tied to the September indices of the National Association of Realtors and Engineering News Record with a cap at 5% of any annual adjustments; and
WHEREAS, an automatic CCI adjustment ensures that fee levels keep pace with increases in cost of constructing transportation projects and avoids large increases at comprehensive TUMF Nexus Study updates; and
WHEREAS, this approach also allows for consistency and predictability for the TUMF Program, while ensuring that the fair share principles under AB 1600 are satisfied; and WHEREAS, the City Council desires to provide for automatic inflationary adjustments to the TUMF to reflect changes in construction costs over time, without modifying the underlying fee nexus, land use assumptions, or fee methodology; and WHEREAS, this Ordinance also includes minor updates to the definitions portion of the previous Ordinance to clarify the definitions of residential units. THE CITY COUNCIL OF THE CITY OF BEAUMONT DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The definition of "Multi -Family Residential Unit" outlined in Section 3(H) of Ordinance No. 1178 is hereby amended to read as follows:
"H. "Multi -Family Residential Unit" means a residential dwelling unit that is physically attached to one or more other dwelling units by a shared wall, floor, ceiling, roof, or structural foundation, regardless of the lot or parcel configuration, ownership structure, or type of subdivision (including condominium subdivisions). Multi -family residential units include, but are not limited to, duplexes, townhomes, apartments, and condominiums with attached units. As outlined in the Ordinance, accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), as defined by state law, are exempt from TUMF and shall not be counted in determining residential land use classification."
SECTION 3. The definition of "Single Family Residential Unit" outlined in Section 3(N) of Ordinance No. 1178 is hereby amended to read as follows:
"N. Single Family Residential Unit" means a residential dwelling unit that is physically detached from any other dwelling unit, sharing no common wall, floor, ceiling, roof, or structural foundation with another dwelling unit, regardless of the lot or parcel configuration, ownership structure, or type of subdivision (including condominium subdivisions). As outlined in the
Ordinance, accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), as defined by state law, are exempt from TUMF and shall not be counted in determining residential land use classification."
SECTION 4. Section 4(C)(1) is hereby added to Ordinance No. 1178 to read as follows:
"Beginning July 1, 2026, and annually thereafter, the Transportation Uniform Mitigation Fee (TUMF) shall be automatically adjusted to reflect changes in construction costs.
The annual adjustment shall be calculated by WRCOG based on a blended Construction Cost Index derived from: (1) the National Association of Realtors — Median Sales Price of Existing Single -Family Homes, and (2) the Engineering News -Record (ENR) Construction Cost Index, using the September values of each index from the prior calendar year.
The percentage adjustment applied to the TUMF shall equal the annual percentage change in the blended index; provided, however, that in no event shall the annual adjustment exceed five percent (5%), whether positive or negative.
The calculated adjustment shall be implemented on July 1 of the year following index calculation.
If either referenced index is discontinued or materially altered, WRCOG shall apply a comparable, industry -recognized index that most closely reflects regional transportation construction costs."
SECTION 5. Effect. No provisions of this Ordinance shall entitle any person who has already paid the TUMF to receive a refund, credit or reimbursement of such payment. This Ordinance does not create any new TUMF.
SECTION 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
SECTION 7. No Procedural Defenses. Prohibition of Jurisdictions from raising procedural defenses, including without limitation a statute of limitations, laches, the California Government Tort Claims Act, and necessary parties in a dispute with WRCOG regarding the matters set forth herein.
SECTION 8. Judicial Review. In accordance with State law, any judicial action or proceeding to attack, review, set aside, void or annul this Ordinance shall be commenced within 90 days of the date of adoption of this Ordinance.
SECTION 9. This Ordinance amends certain provisions of Ordinance No. 1178 provided this Ordinance is not declared invalid or unenforceable by a court of competent jurisdiction. If, for whatever reason, this Ordinance is declared invalid or unenforceable by a
court of competent jurisdiction, Ordinance No. 1178 and all other related ordinances and polices shall remain in full force and effect.
SECTION 10. Chapter 3.39 of the Beaumont Municipal Code is amended to read as follows:
3.39.010. Title.
This Ordinance shall be known as the "Western Riverside County Transportation Uniform Mitigation Fee Program Ordinance of 2024" ("Ordinance").
3.39.020. Findings.
A. The City is a member agency of the Western Riverside Council of Governments ("WRCOG"), a joint powers agency comprised of the County of Riverside and 18 cities located in Western Riverside County. Acting in concert, the WRCOG Member Agencies developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials in Western Riverside County (the "Regional System") could be made up in part by a Transportation Uniform Mitigation Fee ("TUMF") on future residential, commercial and industrial development. A map depicting the boundaries of Western Riverside County and the Regional System is attached here as Exhibit "A" and incorporated herein. As a Member Agency of WRCOG and as a TUMF Participating Jurisdiction, the City participated in the preparation of a certain "Western Riverside County Transportation Uniform Fee Nexus Study," dated October 18, 2002 (the "2002 Nexus Study") prepared in compliance with the Mitigation Fee Act (Gov. Code §§ 66000 et seq.) and adopted by the WRCOG Executive Committee.
Based on the 2002 Nexus Study, the City adopted and implemented an ordinance authorizing the City's participation in a TUMF Program.
B. In 2016, the TUMF Nexus Study ("2016 Nexus Study") was updated for the purpose of updating the fees. On July 10, 2017, the WRCOG Executive Committee reviewed the 2016 Nexus Study and TUMF Program and recommended TUMF Participating Jurisdictions amend their applicable TUMF ordinances to reflect changes in the TUMF network and the cost of construction in order to update the TUMF Program.
C. On September 5, 2017, the City adopted Ordinance No. 1091, which adopted the 2016 Nexus Study and updated the TUMF.
D. In 2018, the TUMF Program was altered to adopt a process in which WRCOG calculates and collects TUMF on behalf of member agencies under the Western Riverside County Transportation Uniform Mitigation Fee Program Ordinance of 2018.
E. The City amended Ordinance No. 1091 on August 15, 2023, allowing WRCOG to calculate and collect TUMF on behalf of the City.
F. WRCOG, with the assistance of TUMF Participating Jurisdictions, has prepared an updated nexus study entitled "Transportation Uniform Mitigation Fee Nexus Study: 2024 Update" ("2024 Nexus Study") pursuant to California Government Code sections 66000 et seq. (the Mitigation Fee Act), for the purpose of updating the fees. On September 9, 2024, the WRCOG Executive Committee reviewed the 2024 Nexus Study and TUMF Program and recommended TUMF Participating Jurisdictions amend their applicable TUMF ordinances to
reflect changes in the TUMF network and the cost of construction in order to update the TUMF Program.
G. Consistent with its previous findings made in the adoption of Ordinance No. 1091, the City Council has been informed and advised, and hereby finds, that if the capacity of the Regional System is not enlarged and unless development contributes to the cost of improving the Regional System, the result will be substantial traffic congestion in all parts of Western Riverside County, with unacceptable Levels of Service. Furthermore, the failure to mitigate growing traffic impacts on the Regional System will substantially impair the ability of public safety services (police and fire) to respond and, thus, adversely affect the public health, safety and welfare. Therefore, continuation of a TUMF Program is essential.
H. The City Council finds and determines that there is a reasonable and rational relationship between the use of the TUMF and the type of development projects on which the fees are imposed because the fees will be used to construct the transportation improvements that are necessary for the safety, health and welfare of the residential and non-residential users of the development in which the TUMF will be levied.
The City Council finds and determines that there is a reasonable and rational relationship between the need for the improvements to the Regional System and the type of development projects on which the TUMF is imposed because it will be necessary for the residential and non-residential users of such projects to have access to the Regional system.
Such development will benefit from the Regional System improvements and the burden of such developments will be mitigated in part by payment of the TUMF.
J. The City Council finds and determines that the cost estimates set forth in the new 2024 Nexus Study are reasonable cost estimates for constructing the Regional System improvements and the facilities that compromise the Regional System, and that the amount of the TUMF expected to be generated by new development will not exceed the total fair share cost to such development.
K. The fees collected pursuant to this Ordinance shall be used to help pay for the design, planning, construction of and real acquisition for the Regional System improvements and its facilities as identified in the 2024 Nexus Study. The need for the improvements and facilities is related to new development because such development results in additional traffic and creates the demand for the improvements.
L. By notice duly given and published, the City Council set the time and place for a public hearing on the 2024 Nexus Study and the fees proposed thereunder and at least ten (10) days prior to this hearing, the City Council made the 2024 Nexus Study available to the public.
M. At the time and place set for the hearing, the City Council duly considered data and information provided by the public relative to the cost of the improvements and facilities for which the fees are proposed and all other comments, whether written or oral, submitted prior to the conclusion of the hearing.
N. The City Council finds that the 2024 Nexus Study proposes a fair and equitable method for distributing a portion of the unfunded costs of improvements and facilities to the Regional system.
O. The City Council hereby adopts the 2024 Nexus Study and its findings. The 2024 Nexus Study is attached and incorporated herein as Exhibit "B." P. The City Council hereby adopts this Ordinance to amend and supersede the provisions of Ordinance No. 1091
3.39.030. Definitions.
For the purpose of this Ordinance, the following words, terms and phrases shall have the following meanings:
A. "Class 'A' Office" means an office building that is typically characterized by high quality design, use of high end building materials, state of the art technology for voice and data, on -site support services/maintenance, and often includes full service ancillary uses such as, but not limited to a bank, restaurant/office coffee shop, health club, printing shop, and reserved parking. The minimum requirements of an office building classified as Class 'A" Office shall be as follows: (i) minimum of three stories (exception will be made for March JPA, where height requirements exist); (ii) minimum of 10,000 square feet per floor; (iii) steel frame construction; (iv) central, interior lobby; and (v) access to suites shall be from inside the building unless the building is located in a central business district with major foot traffic, in which case the first floor may be accessed from the street to provide entrances/ exits for commercial uses within the building.
B. "Class 'B' Office" means an office building that is typically characterized by high quality design, use of high end building materials, state of the art technology for voice and data, on -site support services/maintenance, and often includes full service ancillary uses such as, but not limited to a bank, restaurant/office coffee shop, health club, printing shop, and reserved parking. The minimum requirements of an office building classified as Class 'B" Office shall be as follows: (i) minimum of two stories; (ii) minimum of 15,000 square feet per floor; (iii) steel frame, concrete or masonry shell construction; (iv) central, interior lobby; and (v) access to suites shall be from inside the building unless the building is located in a central business district with major foot traffic, in which case the first floor may be accessed from the street to provide entrances/exits for commercial uses within the building.
C. "Development Project" or "Project" means any project undertaken for the purposes of development, including the issuance of a permit for construction.
D. "Gross Acreage" means the total property area as shown on a land division of a map of record, or described through a recorded legal description of the property. This area shall be bounded by road rights of way and property lines.
E. "Habitable Structure" means any structure or part thereof where persons reside, congregate or work and which is legally occupied in whole or part in accordance with applicable building codes, and state and local laws.
F. "Industrial Project" means any development project that proposes any industrial or manufacturing use allowed in the following Ordinance No. 1128 zoning classifications: M or SP, with one of the aforementioned zones used as the base zone.
G. "Low Income Residential Housing" means "Residential Affordable Units": (A) for rental housing, the units shall be made available, rented and restricted to "lower income households" (as defined in Health and Safety Code Section 50079.5) at an "affordable rent" (as defined in Health and Safety Code Section 50053), ). Affordable units that are rental housing shall be made available, rented, and restricted to lower income households at an affordable rent for a period of at least fifty-five (55) years after the issuance of a certificate of occupancy for new residential development. and (B) for for -sale housing, the units shall be sold to "persons or families of low or moderate income" (as defined in Health and Safety Code Section 50093) at a purchase price that will not cause the purchaser's monthly housing cost to exceed "affordable housing cost (as defined in Health and Safety Code Section 50052.5) Affordable units that are for -sale housing units shall be restricted to ownership by persons and families of low or moderate income for at least forty-five (45) years after the issuance of a certificate of occupancy for the new residential development.
H. "Multi -Family Residential Unit" means a residential dwelling unit that is physically attached to one or more other dwelling units by a shared wall, floor, ceiling, roof, or structural foundation, regardless of the lot or parcel configuration, ownership structure, or type of subdivision (including condominium subdivisions). Multi -family residential units include, but are not limited to, duplexes, townhomes, apartments, and condominiums with attached units. As outlined in the Ordinance, accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), as defined by state law, are exempt from TUMF and shall not be counted in determining residential land use classification."
"Non -Residential Unit" means retail commercial, service commercial and industrial development which is designed primarily for non -dwelling use, but shall include hotels and motels.
J. "Recognized Financing District" means a Financing District as defined in the TUMF Administrative Plan as may be amended from time to time.
K. "Residential Dwelling Unit" means a building or portion thereof used by one (1) family and containing but one (1) kitchen, which is designed primarily for residential occupancy including single-family and multi -family dwellings. "Residential Dwelling Unit" shall not include hotels or motels.
L. "Retail Commercial Project" means any development project that proposes any retail commercial activity use not defined as a service commercial project allowed in the following Ordinance No. 1128, 1150, and 1164 classifications: C -N, C -C, SP, DMU, BMU, SSMU, LC -R with one of the aforementioned zones used as the base zone, which can include any eating/dining facility residing on the retail commercial development premises.
M. "Service Commercial Project" means any development project that is predominately dedicated to business activities associated with professional or administrative services, and typically consists of corporate offices, financial institutions, legal, and medical offices eating/dining facilities, and other uses related to personal or professional services.
N. "Single Family Residential Unit" means a residential dwelling unit that is physically detached from any other dwelling unit, sharing no common wall, floor, ceiling, roof, or structural foundation with another dwelling unit, regardless of the lot or parcel configuration, ownership structure, or type of subdivision (including condominium subdivisions). As outlined in
the Ordinance, accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), as defined by state law, are exempt from TUMF and shall not be counted in determining residential land use classification.
O. "TUMF Participating Jurisdiction" means a jurisdiction in Western Riverside County which has adopted and implemented an ordinance authorizing participation in the TUMF Program and complies with all regulations established in the TUMF Administrative Plan, as adopted and amended from time to time by the WRCOG.
P. "Disabled Veteran" means any veteran who is retired or is in process of medical retirement from military service who is or was severely injured in a theatre of combat operations and has or received a letter of eligibility for the Veterans Administration Specially Adapted Housing (SAH) Grant Program.
Q. Government/public buildings, public schools, and public facilities means any owned and operated facilities by a government entity in accordance with Section G.
Exemptions, Subsection 2. of this Ordinance. A new development that is subject to a long-term lease with a government agency for government/public buildings, public schools, and public facilities shall apply only if all of the following conditions are met:
(a) The new development being constructed is subject to a long-term lease with a government agency.
(b) The project shall have a deed restriction placed on the property that limits the use to government/public facility for the term of the lease, including all extension options, for a period of not less than 20 years. Any change in the use of the facility from government shall trigger the payment of the TUMF in effect at the time of the change is made. (c) No Tess than ninety percent of the total square footage of the building is leased to the government agency during the term of deed restriction the long term and any extensions thereof.
(d) The new development is constructed at prevailing wage rates. (e) A copy of the lease is provided to the applicable jurisdiction and to WRCOG. (f) Based on the facts and circumstances WRCOG determines that the intent of the lease is to provide for a long-term government use, and not to evade payment of TUMF.
R. "Non-profit Organization" means an organization operated exclusively for exempt purposes set forth in section 501(c)(3) of the Internal Revenue Code, and none of its earnings may inure to any private shareholder or individual. In addition, it may not be an action organization, i.e., it may not attempt to influence legislation as a substantial port of its activities and it may not participate in any campaign activity for or against political candidates. For the purposes of the TUMF Program, the non-profit may be a 501(c) (3) charitable organization as defined by the Internal Revenue Service.
S. "Long -Term Lease" as used in the TUMF Program, a "long-term lease" shall mean a lease with a term of no less than twenty years.
T. "Mixed -Use Development" as used in the TUMF Program, means Developments with the following criteria: (1) three or more significant revenue -producing uses, and (2) significant physical and functional integration of project components.
U. "Guest Dwellings" and "Detached Second Units" according to the State of California legal definition as following: 1) Complies with the State of California Department of Housing and Community Development Accessory Dwelling Unit Handbook and 2) Are ministerially approved by each jurisdiction's local codes.
V. "TUMF Administrative Plan" means that the TUMF Administration Plan adopted by the WRCOG Executive Committee May 5, 2003, as amended, setting forth detailed administration procedures and requirements for the TUMF program.
3.39.040. Establishment of the Transportation Uniform Mitigation Fee.
A. Adoption of TUMF Schedule. The City Council shall adopt an applicable TUMF schedule through a separate resolution, which may be amended from time to time.
B. Fee Calculation. The fees shall be calculated by WRCOG according to the calculation methodology fee set forth in the WRCOG TUMF Fee Calculation Handbook adopted July 14, 2003, as amended from time to time. In addition to data in the Fee Calculation Handbook, WRCOG Staff may consider the following items when establishing the appropriate fee calculation methodology:
• Underlying zoning of the site
• Land -use classifications in the latest Nexus Study
• Project specific traffic studies
• Latest Standardized reference manuals such as the Institute of Traffic Engineers Trip Generation Manual
• Previous TUMF calculations for similar uses
• WRCOG staff shall approve final draft credit / reimbursement agreement prior to execution
WRCOG shall have final determination regarding the appropriate methodology to calculate the fee based on the information provided by the local agency. In case of a conflict between the applicant, WRCOG, and/or the local agency regarding the fee calculation methodology, the dispute resolution process in the TUMF Administrative Plan will apply.
C. Beginning July 1, 2026, and annually thereafter, the Transportation Uniform Mitigation Fee (TUMF) shall be automatically adjusted to reflect changes in construction costs.
The annual adjustment shall be calculated by WRCOG based on a blended Construction Cost Index derived from: (1) the National Association of Realtors — Median Sales Price of Existing Single -Family Homes, and (2) the Engineering News -Record (ENR) Construction Cost Index, using the September values of each index from the prior calendar year.
The percentage adjustment applied to the TUMF shall equal the annual percentage change in the blended index; provided, however, that in no event shall the annual adjustment exceed five percent (5%), whether positive or negative.
The calculated adjustment shall be implemented on July 1 of the year following index calculation.
If either referenced index is discontinued or materially altered, WRCOG shall apply a comparable, industry -recognized index that most closely reflects regional transportation construction costs
D. Purpose. The purpose of the TUMF is to fund those certain improvements to the Regional System as depicted in Exhibit "A" and identified in the 2024 Nexus Study, Exhibit "B." E. Applicability. The TUMF shall apply to all new development within the City, unless otherwise exempt hereunder.
F. Exemptions. The following types of new development shall be exempt from the provisions of this Ordinance and in TUMF Administrative Plan:
1. Low income residential housing as described in Section 3 Definitions, Subsection G of this Ordinance and in the TUMF Administrative Plan.
2. Government/public buildings, public schools, and public facilities as described in Section 3. Definitions, Subsection Q. of this Ordinance and in the TUMF Administrative Plan.
Airports that are public use airports and are appropriately permitted by Caltrans or other state agency.
3. Development Projects which are the subject of a Public Facilities Development Agreement entered into pursuant to Government Code section 65864 et seq, prior to the effective date of Ordinance No. 1091, wherein the imposition of new fees are expressly prohibited, provided that if the term of such a Development Agreement is extended by amendment or by any other manner after the effective date of Ordinance No. 1091, the TUMF shall be imposed.
4. The rehabilitation and/or reconstruction of any habitable structure in use on or after January 1, 2000, provided that the same or fewer traffic trips are generated as a result thereof.
5. Guest Dwellings and Detached Second Units as described in this Ordinance in Section 3. Definitions, Subsection U. and in the Administrative Plan
6. Kennels and Catteries established in connection with an existing single family residential unit.
7. Any sanctuary, or other activity under the same roof of a church or other house of worship that is not revenue generating and is eligible for a property tax exemption (excluding concert venues, coffee/snack shops, book stores, for-profit pre- school day -cares, etc., which would be assessed TUMF.)
8. Any nonprofit corporation or nonprofit organization offering and conducting full- time day school at the elementary, middle school or high school level for students between the ages of five and eighteen years.
9. New single-family homes, constructed by non-profit organizations, specially adapted and designed for maximum freedom of movement and independent living for qualified Disabled Veterans."
10. Other uses may be exempt as determined by the WRCOG Executive Committee as further defined in the TUMF Administrative Plan.
G. Credit. Regional System improvements may be credited toward the TUMF in accordance with the TUMF Administrative Plan and the following:
Regional Tier
i. Arterial Credits: If a developer constructs arterial improvements identified on the Regional System, the developer shall receive credit for all costs associated with the arterial component based on approved Nexus Study for the Regional System effective at the time the credit agreement is entered into. WRCOG staff must pre -approve any credit agreements that deviate from the standard WRCOG approved format.
ii. Other Credits: In special circumstances, when a developer constructs off -site improvements such as an interchange, bridge, or railroad grade separation, credits shall be determined by WRCOG and the City in consultation with the developer. All such credits must have prior written approval from WRCOG.
iii. The amount of the development fee credit shall not exceed the maximum amount determined by the Nexus Study for the Regional System at the time the credit agreement is entered into or actual costs, whichever is less.
Local Tier
i. The local jurisdictions shall compare facilities in local fee programs against the Regional System and eliminate any overlap in its local fee program except where there is a Recognized Financing District has been established.
ii. If there is a Recognized Financing District established, the local agency may credit that portion of the facility identified in both programs against the TUMF in accordance with the TUMF Administrative Plan.
3.39.050. Reimbursements.
Should the developer construct Regional System improvements in excess of the TUMF fee obligation, the developer may be reimbursed based on actual costs or the approved Nexus Study effective at the time the agreement was entered into, whichever is less. Reimbursements shall be enacted through an agreement between the developer and the City, contingent on funds being available and approved by WRCOG. In all cases, however, reimbursements under such special agreements must coincide with construction of the transportation improvements as scheduled in the five-year Zone Transportation Improvement Program's adopted annually by WRCOG.
3.39.060. Procedures for the Levy, Collection and Disposition of Fees.
A. Authority of the Building Department. The Director of Building & Safety, or his/her designee, is hereby authorized to provide WRCOG with development project specifics for the calculation of TUMF in a manner consistent with the TUMF Administrative Plan.
B. Payment and Collection. Payment of the fees shall be as follows:
All fees collected hereunder shall be collected by WRCOG for deposit, investment, accounting and expenditure in accordance with the provisions of this Ordinance, TUMF Administrative Plan, and the Mitigation Fee Act.
ii. The fees shall be paid at the time a certificate of occupancy is issued for the Development Project or upon final inspection, whichever comes first (the "Payment Date").
However this section should not be construed to prevent payment of the fees prior to issuance of an occupancy permit or final inspection. Fees may be paid at the issuance of a building permit, and the fee payment shall be calculated based on the fee in effect at that time, provided the developer tenders the full amount of his/her TUMF obligation. If the developer makes only a partial payment prior to the Payment Date, the amount of the fee due shall be based on the TUMF fee schedule in place on the Payment Date. The fees shall be calculated according to fee schedule set forth in the Ordinance and the calculation methodology set forth in the Fee Calculation Handbook adopted July 14, 2003, as amended from time to time.
The fees required to be paid shall be the fee amounts in effect at the time of payment is due under this Ordinance, not the date the Ordinance is initially adopted. The City shall not enter into a development agreement which freezes future adjustments of the TUMF. iv. If all or part of any development project is sold prior to payment of the fee, the property shall continue to be subject to the requirement for payment of the fee. The obligation to pay the fee shall run with the land and be binding on all the successors in interest to the property.
v. Fees shall not be waived.
C. Issuance of Certificate of Occupancy. The City shall not issue a certificate of occupancy for any Development Project until WRCOG has provided written evidence that it has collected the fee.
D. Appeals. Appeals shall be filed with WRCOG in accordance with the provisions of the TUMF Administrative Plan. Appealable issues shall be the application of the fee, application of credits, application of reimbursement, application of the legal action stay and application of exemption.
E. Reports to WRCOG. The Director of Building and Safety, or his/her designee, shall prepare and deliver to the Executive Director of WRCOG, periodic reports as will be established under Section 7 of this Ordinance.
3.39.070. Appointment of the TUMF Administrator.
WRCOG is hereby appointed as the Administrator of the Transportation Uniform Mitigation Fee Program. WRCOG is hereby authorized to collect all fees generated from the
TUMF within the City, and to invest, account for and expend such fees in accordance with the provisions of this Ordinance and the Mitigation Fee Act. The detailed administrative procedures concerning the implementation of this Ordnance shall be contained in the TUMF Administrative Plan . Furthermore, the TUMF Administrator shall use the Fee Calculation Handbook adopted July 14, 2003, as amended from time to time, for the purpose of calculating a developer's TUMF obligation. In addition to detailing the methodology for calculating all TUMF obligations of different categories of new development, the purpose of the Fee Calculation Handbook is to clarify for the TUMF Administrator, where necessary, the definition and calculation methodology for uses not clearly defined in the respective TUMF ordinances.
WRCOG shall expend only that amount of the funds generated from the TUMF for staff support, audit, administrative expenses, and contract services that are necessary and reasonable to carry out its responsibilities and in no case shall the funds expended for salaries and benefits exceed two percent (2%) of the revenue raised by the TUMF Program. The TUMF Administrative Plan further outlines the fiscal responsibilities and limitations of the Administrator.
3.39.080. Effect.
No provisions of this Ordinance shall entitle any person who has already paid the TUMF to receive a refund, credit or reimbursement of such payment. This Ordinance does not create any new TUMF.
3.39.090. Severability.
If any one or more of the terms, provisions or sections of this Ordinance shall to any extent be judged invalid, unenforceable and/or voidable for any reason whatsoever by a court of competent jurisdiction, then each and all of the remaining terms, provisions and sections of this Ordinance shall not be affected thereby and shall be valid and enforceable.
3.39.100. No Procedural Defenses.
Prohibition of Jurisdictions from raising procedural defenses, including without limitation a statute of limitations, laches, the California Government Tort Claims Act, and necessary parties in a dispute with WRCOG regarding the matters set forth herein.
3.39.110. Judicial Review.
In accordance with State law, any judicial action or proceeding to attack, review, set aside, void or annul this Ordinance shall be commenced within ninety (90) days of the date of adoption of this Ordinance.
SECTION 11. Effective Date. This Ordinance shall take effect thirty (30) days after its 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 March 3, 2026, 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 March 17, 2026.
Jessica Voigt
Mayor
Attest:
Nicole Wheelwright
Deputy City Clerk
Approved as to form:
John Pinkney
City Attorney
THE PRESS -ENTERPRISE
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Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council will conduct a public hearing to consider the matter below. The City Council Public Hearing will be held at 6:OOpm on Tuesday, March 3, 2026, at 550 E. 6 th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): AN ORDINANCE OF THE CITY OF BEAUMONT AMENDING AND SUPERSEDING ORDINANCE NO. 1091 TO
UPDATE PARTICIPATION IN THE WESTERN RIVERSIDE COUNTY
TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) PROGRAM Participating agencies are required to adopt local ordinance and fee resolution updates prior to July 1, 2026, for the revised TUMF fee schedule to take effect on that date. Early adoption is encouraged to avoid implementation delays and to maintain consistency in TUMF program administration across jurisdictions. A copy of the proposed ordinance is available at the Beaumont Civic Center, 550 East Sixth Street, Beaumont, California. Public comments can be made in person, using the public comment phone line or by written email. Phone-in comments will be accepted by calling the designated public comment phone line (951) 922-4845 prior to the corresponding item. Public comments shall not exceed three minutes unless otherwise authorized by City Council. Written comments can be emailed to [email protected] with "Public Comment" in the subject line. Public comments accepted via email will be read aloud during the corresponding item of the meeting subject to a three minute time limit. Comments can be submitted any time prior to the meeting as well as during the meeting until the end of the corresponding
TUMF Ord - Page 1 of 1
THE PRESS -ENTERPRISE
KEEP YOUR EYES ON'I III(
Mcom
The Press -Enterprise
3512 14 Street
Riverside, California 92501
(951) 368-9229
City of Beaumont
550 E. 6th Street
Beaumont, California 92223
Publication: The Press -Enterprise
PROOF OF PUBLICATION OF
Ad Desc: 0011779609
FILE NO. 0011779609
PROOF OF PUBLICATION
I am a citizen of the United States. I
am over the age of eighteen years and
not party to or interested in the above -
entitled matter. I am an authorized
representative of THE PRESS -
ENTERPRISE, a newspaper of
general circulation, printed and
published daily in the County of
Riverside, and which newspaper has
been adjudicated a newspaper of
general circulation by the Superior
Court of the County of Riverside, State
of California, under date of April 25,
1952, Case Number 54446, under
date of March 29, 1957, Case Number
65673, under date of August 25, 1995,
Case Number 267864, and under date
of September 16, 2013, Case Number
RIC 1309013; that the notice, of which
the annexed is a printed copy, has
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02/20/2026
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correct.
Date: February 20, 2026.
At: Riverside, California
C
Signature
Legal Advertisement
NOTICE IS HEREBY GIVEN that the Beaumont City Council w111 conduct a public hearing to consider the matter below. The City Council Public Hearing will be held at 6:00pm on Tuesday, March 3, 2026, at 550 E. 6 th Street, Beaumont, California 92223, to receive testimony and comments from all lnterestecd persons regarding the adoption of the following matter(s):
AN ORDINANCE OF THE CITY OF BEAUMONT AMENDING AND
SUPERSEDING ORDINANCE NO. 1091 TO UPDATE PARTICIPATION IN
THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM
MITIGATION FEE (TUMF) PROGRAM
Participating agencies are required to adopt local ordinance and fee resolution updates prior to July 1, 2026, for the revised TUMF fee schedule to take effect on that date. Early adoption is encouraged to avoid implementation delays and to maintain consistency in TUMF program administration across lurlsdictlons. A copy of the proposed ordinance is available at the Beaumont Civic Center, 550 East Sixth Street, Beaumont, California.
Public comments can be made in person, using the public comment phone line or by written email. Phone -In comments will he accepted by calling the designated public comment phone line (951) 922-4845 prior to the corresponding item. Public comments shall not exceed three minutes unless otherwise authorized by City Council. Written comments can be et -nailed to NicoleWMBecaumontCa.gov with "Public Comment" in the sublect Ilne. Public comments accepted vita email will be react aloud during the corresponding item of the meeting sublect to a three minute time limit. Comments can be submitted any time prior to the meeting as well cis during the meeting until the end of the corresponding item.
This meeting will he conducted in person and also and will be recorded for live streaming. All City of Beaumont public meetings will be made available via live streaming and made available on the City's official YouTube webpage. Please use the following link during the meeting for live stream access: BeaumontCca.gov/Llvestrecam In compliance with the Americans With Dlsabllltles Act, If you need special assistance to participate In this meeting, please contact the Office of the City Clerk at (951) 922-4845. Notification 48 hours prior to the meeting will enable the C Ity to make reasonable arrangements to ensure accessibility to this meeting
The Press -Enterprise
Published: 2/20/26
TUMF Ord - Page 1 of 1
BEAUMONTA O R N -
Staff Report
TO: Honorable Mayor and Members of the City Council
FROM: Steven D. Jones, Community Development Department Director BY: Melody Arechiga, Senior Planner
DATE: March 3, 2026
SUBJECT: Public Hearing to Introduce and Conduct First Reading of an Ordinance Amending Title 16 "Subdivisions" of the Beaumont Municipal Code Description: Introduction and first reading of an ordinance amending Title 16 "Subdivisions" of the Beaumont Municipal Code to clarify Tentative Map processing and final approval authority.
Background and Analysis:
On January 14, 2026, the Beaumont Planning Commission (Planning Commission) held a public hearing to introduce the draft ordinance to clarify authority to approve, streamline processing of tentative maps, update definitions and nomenclature, and make other non -substantive housekeeping changes to modernize the Subdivisions Ordinance provisions. At the close of the public hearing, the Planning Commission recommended to the City Council approval of the ordinance as presented.
The proposed ordinance includes amendments to Chapter 16.04, Section 16.04.020 to clarify that the Planning Commission has the authority to approve tentative maps and the City Council has the authority to approve final maps. Also included are amendments to Section 16.04.030 to update the name and representatives that make up the Beaumont Development Review Committee, amendments to Chapter 16.08 to update and add certain definitions, amendments to Chapter 16.24 Tentative Maps — Processing to also require tentative map approval from the City Council under certain circumstances, and amendments to Chapters 16.16, 16.32, 16.36, 16.40, 16.60, 16.61,
16.64, 16.66, and 16.68 to make non -substantive housekeeping changes.
Draft Ordinance:
Key Provisions —
The purpose of the proposed language revision is to establish procedures, standards, and decision -making authority for the subdivision of land within the City of Beaumont in accordance with the Subdivision Map Act, the Elevate Beaumont 2040 General Plan, and the Zoning Code to underscore streamlining and efficiency in processing to facilitate development of all subdivisions for Beaumont residents and businesses.
The attached draft ordinance clarifies the advisory agency and final authority roles of the Planning Commission. All Planning Commission actions may still be appealed in accordance with the City's adopted appeal procedures and, if appealed, a new City Council public hearing would be required. Final maps and parcels maps would still be processed in accordance with state law and City engineering standards, obtaining City Council consent approval prior to recordation.
If approved, the proposed ordinance would modernize and reorganize subdivision regulations, improve clarity and consistency with the Zoning Code, clarify the Planning Commission's role as final authority for tentative map processing. Also proposed are modernized definitions and terms, removal of duplicate or outdated references, and updated cross-references to current code sections. No additional regulatory burdens, substantive changes, subdivision entitlements, standards, or types are proposed.
Consistency with Adopted Goals, Plans and Programs
General Plan Consistency:
No changes to development entitlements or standards are proposed. The amendments would provide transparency, reduce confusion, and reinforce existing practice and trends and promote the achievement of the Elevate Beaumont 2040 General Plan Implementation Strategies LUCD3 and LUCD9 to maintain consistency and address potential regulatory barriers. Clarifying decision -making authority ensures legal consistency and predictable processing.
This alignment supports efficient implementation of the Elevate Beaumont 2040 General Plan, ensures subdivisions are process in accordance with applicable zoning requirements, and strengthens the City's regulatory framework without altering underlying development rights.
Occasionally, subdivision proposals include requests to vacate or remove unimproved public streets or rights -of -way that were previously dedicated but never constructed or variances to grant relief from standards. The proposed ordinance provides that any requests for street vacation or variances processed with tentative map requests shall be heard by the City Council after Planning Commission recommendation.
Dedicated public rights -of -way represent long-term public infrastructure assets intended to implement the City's general plan, including circulation, multimodal connectivity, utilities, drainage, and emergency access and tentative maps proposing changes to public rights -of -way or areas intended to logically expand or extend public streets would still need tentative map approval from the City Council as would variances that deviate from prescribed lot depth to width ratio and other development standards.
State law provides guidance:
• Government Code § 66473.5 requires subdivision maps to be consistent with the General Plan.
• Government Code § 65402 requires review of public street dispositions for General Plan conformity.
• Streets and Highways Code (Division 9, Part 3) vests authority for vacation of public rights -of -way with the legislative body (City Council).
The proposed ordinance codifies these requirements locally and clarifies procedure, specifying that any proposed abandonment, removal, vacation, or variance associated with a tentative map by processed concurrently with general plan consistency findings and preserves a clear authority structure in favor of the City Council for protection of the public interest.
Zoning Code Consistency:
Modernizing the Beaumont Subdivision Ordinance is consistent with the Zoning Code, because it aligns subdivision procedures with the City's adopted land use regulations, development standards, and review framework. Updating and reorganizing the Subdivision Ordinance ensures that subdivision review, decision -making authority, and findings clearly reference and defer to Zoning Code standards, reducing ambiguity, improving predictability for applicants, and reinforcing internal consistency across the Municipal Code.
Occasionally, subdivision proposals include requests for variances from the municipal code or to vacate or remove unimproved public streets or rights -of -way that were previously dedicated but never constructed. The proposed ordinance provides that any requests for street vacation or variances processed with tentative map requests shall be heard by the City Council after Planning Commission recommendation.
Dedicated public rights -of -way represent long-term public infrastructure assets intended to implement the City's general plan, including circulation, multimodal connectivity, utilities, drainage, and emergency access and tentative maps proposing changes to public rights -of -way or areas intended to logically expand or extend public streets would still need tentative map approval from the City Council as would variances that deviate from prescribed lot depth to width ratio and other development standards.
Environmental Determination:
In accordance with the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Beaumont Chapter 2.54 - Environmental Review, the Planning Commission recommended that the proposed amendments are exempt under
CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that there is no possibility the action may have a significant effect on the environment and this update is consistent with the previously certified final Environmental Impact Report (EIR) for the City's Elevate Beaumont 2040 - General Plan Update. Therefore, no subsequent EIR, Negative Declaration, or addendum is required for approval of an amended Subdivisions Ordinance update.
Public Hearing Notice:
On February 20, 2026, a notice of public hearing was published in the Press -Enterprise, a newspaper of general circulation, in accordance with the California Government Code.
A notice of public hearing describing the proposed amendments was posted at the Beaumont City Hall and the Community Development Department.
Fiscal Impact:
The cost associated with preparation of the staff report was $250.
If approved, implementation of the Subdivisions Ordinance update would be supported by existing staff resources and require no additional staffing or resources. Future ordinance administration and enforcement will continue under the City's adopted fee schedule for tentative map processing services.
Recommended Action:
Hold a public hearing; and,
Waive the first full reading and approve by title only, "An Ordinance of the City Council of the City of Beaumont, California, Amending Title 16 of the Beaumont Municipal Code (BMC) Entitled Subdivisions Including Amendments to Chapter 16.04, Section
16.04.020 to Clarify that the Planning Commission has the Authority to Approve Tentative Maps and the City Council has the Authority to Approve Final Maps; Amendments to Section 16.04.030 to Update the Name and Representatives that Make up the Beaumont Development Review Committee, Amendments to Chapter 16.08 to Update and Add Certain Definitions, Amendments to Chapter 16.24 Tentative Maps — Processing, and Amendments to Chapters 16.16, 16.32, 16.36, 16.40, 16.60, 16.61,
16.64, 16.66, and 16.68 to Make Non -Substantive Housekeeping Changes." Attachments:
A. Planning Commission Agenda Staff Report Package Dated January 14, 2026 B. Draft Ordinance Redline
C. Draft Ordinance Clean
D. Proof of Publication
E. Presentation
BEAUMONT
-C A L I F O R N I A -
Staff Report
TO: Honorable Chair and Members of the Planning Commission FROM: Steven D. Jones, Community Development Director
DATE January 14, 2026
SUBJECT: Public Hearing to Consider a Recommendation of Approval of an Ordinance Amending Title 16 "Subdivisions" of the Beaumont Municipal Code
APPLICANT:
City of Beaumont
Description Introduction of an ordinance amending Title 16 "Subdivisions" of the Beaumont Municipal Code (BMC) to improve consistency and provide clarity of final approval authority, among other provisions.
Background and Analysis:
The City is proposing an ordinance to Title 16 "Subdivisions" to update definitions and terms, remove duplicate or outdated references, update cross-references to current code sections, with no added regulatory burdens.
If approved, the proposed update would clarify the Planning Commission as the final authority on tentative maps, unless otherwise provided by state law and eliminate ambiguity in map processing roles to ensure consistency with BMC Title 17 (Zoning Code) and the Subdivision Map Act. The proposed update includes text revisions (Attachment A).
Draft Ordinance:
Key Provisions —
The purpose of the proposed language revision is to establish procedures, standards, and decision -making authority for the subdivision of land within the City of Beaumont in accordance with the Subdivision Map Act, the Elevate Beaumont 2040 General Plan, and the Zoning Code to underscore streamlining and efficiency in processing to facilitate development of all subdivisions for Beaumont for residents and businesses.
The attached draft ordinance clarifies the advisory agency and final authority roles of the Planning Commission. All actions may still be appealed in accordance with the City's adopted appeal procedures and, if appealed, a new City Council public hearing would be
required. Final maps and parcels maps would still be processed in accordance with state law and City engineering standards, obtaining City Council consent approval prior to recordation.
If approved, the proposed ordinance would modernize and reorganize subdivision regulations, improve clarity and consistency with the Zoning Code, clarify the Planning Commission's role as final authority for tentative map processing. Also proposed are modernized definitions and terms, removal of duplicate or outdated references, and updated cross-references to current code sections. No additional regulatory burdens, substantive changes to subdivision entitlements, standards, or types are proposed.
Consistency with Adopted Goals, Plans and Programs:
General Plan Consistency
The proposed Subdivisions Ordinance update will help achieve the achievement of the Elevate Beaumont 2040 General Plan Implementation Strategies LUCD3 and LUCD9 to maintain consistency and address potential regulatory barriers.
This alignment supports efficient implementation of the Elevate Beaumont 2040 General Plan, ensures subdivisions are processed in accordance with applicable zoning requirements, and strengthens the City's regulatory framework without altering underlying development rights.
Zoning Code Consistency
Updating and reorganizing the Subdivision Ordinance ensures that subdivision review, decision -making authority, and findings clearly reference and defer to Zoning Code standards, reducing ambiguity, improving predictability for applicants, and reinforcing internal consistency across the Municipal Code
Public Communications Received:
A 10 -day public notice was placed in the Press Enterprise on December 23, 2025. At the time of report preparation, no comment letters from the public in favor or opposition to the project were received.
Environmental Determination:
The Planning Commission recommended actions contemplated by the proposed ordinance are exempt from the California Environmental Quality Act (CEQA) pursuant to 15061(b)(3), no CEQA review is required because there is no possibility that the draft 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.
Recommended Action:
Hold a public hearing; and,
Approve "A Resolution of the Planning Commission of the City of Beaumont Recommending that the City Council of the City of Beaumont Adopt an Ordinance Amending Title 16 "Subdivisions" of the Beaumont Municipal Code." Attachments:
A. Draft Ordinance - Redlined
B. Draft Ordinance - Clean
C. Draft Resolution
D. Proof of Publication
E. Presentation
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, AMENDING TITLE 16 OF THE BEAUMONT MUNICIPAL CODE ENTITLED SUBDIVISIONS INCLUDING AMENDMENTS TO CHAPTER 16.04, SECTION 16.04.020 TO CLARIFY THAT THE PLANNING COMMISSION HAS THE
AUTHORITY TO APPROVE TENTATIVE MAPS AND THE CITY COUNCIL HAS THE AUTHORITY TO APPROVE FINAL MAPS; AMENDMENTS TO SECTION 16.04.030
TO UPDATE THE NAME AND REPRESENTATIVES THAT MAKE UP THE DEEVELOPMENT REVIEW COMMITTEE; AMENDMENTS TO CHAPTER 16.08 TO UPDATE AND ADD CERTAIN DEFINITIONS, AMENDMENTS TO CHAPTER 16.24 TENTATIVE MAPS - PROCESSING; AND AMENDMENTS TO CHAPTERS 16.16,
16.32, 16.36, 16.40, 16.60, 16.61, 16.64, 16.66, AND 16.68 TO MAKE NON -SUBSTANTIVE
HOUSEKEEPING CHANGES
WHEREAS, The City Council is responsible for implementing the Subdivision Map Act (Government Code § 66410 et seq.), which requires local agencies to adopt procedures governing the review and approval of subdivision maps; and
WHEREAS, Title 16, Chapter 16.04, Section 16.04.020, is being amended to clarify that the Planning Commission has the authority to approve tentative maps, and the City Council has the authority to approve final maps. In addition, Chapter 16.04, Section 16.04.030, is being amended to update the name and representatives that make up the Development Review Committee; and
WHEREAS, Title 16, Chapter 16.08 — Definitions, is being amended to update and add certain definitions; and
WHEREAS, Title 16, Chapter 16.24 — Tentative Maps, establishes local regulations for processing tentative maps. Chapter 16.24 is being amended to streamline the application process, reduce ambiguity in the Code, and improve public understanding of the review and approval process; and
WHEREAS, Title 16, Chapters 16.16, 16.32, 1636, 16.40, 16.60, 16.61, 16.64, 16.66, and
16.68, are being amended to make non -substantive housekeeping changes to ensure that the Code is accurate and up to date.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The recitals reflected above are true and correct and incorporated herein by this reference as the cause, purpose, and foundation for the action taken by the City Council through this Ordinance.
SECTION 2. CEQA. The City Council finds that the actions contemplated by the adoption of this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and therefore is not subject to CEQA pursuant to section 15060(c)(2) of the CEQA 1
Guidelines. The activity is not a "project" as defined in section 15378 because it has no potential for resulting in physical change to the environment, directly or indirectly, pursuant to section 15060(c)(3). In addition, the actions contemplated by the adoption of 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 3. 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 fmal 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 4. 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 5. Findings. The City Council hereby finds that the City is responsible for implementing the State Subdivision Map Act (Government Code §66410 et seq.), which requires local agencies to adopt procedures governing the review and approval of subdivision maps.
Certain portions of Title 16 lack clarity regarding procedural steps, timelines, and decision -making authority, and therefore, the proposed updates are necessary to provide consistency with the Map Act, ensure transparency for applicants, confirm that the Beaumont Planning Commission is the designated decision -making authority on tentative subdivision maps unless otherwise specified by state law, and to make non -substantive housekeeping changes to ensure the Code is accurate and up to date.
SECTION 6. Approval. The City Council hereby approves Ordinance amending the City of Beaumont Municipal Code as set forth below.
SECTION 7. Amendment of Beaumont Municipal Code Chapter 16.04. Chapter 16.04 is hereby amended as follows (new language in red, deletions in strikeout):
16.04.010 - Authority.
A.
This title is adopted pursuant to the provisions of the Subdivision Map Act of 1975 with current amendments.
B.
2
All land divisions in the incorporated area of the City, as defined in this title, are subject to all of the applicable provisions of the Subdivision Map Act and this title.
C.
The provisions of this title are adopted to promote orderly growth and development of the City; to protect existing and future citizen rights; to develop a harmonious and workable relationship between the citizens of the City, employees of the City and applicants for land division; and to provide a means whereby the process, from submission to approval, is completed in a minimum time frame.
(Ord. 547 §1.1, 1983)
16.04.020 - Advisory agenciesy.
The City Planning Commission is designated as the "advisory agency" charged with the duty of making investigations and reports on the design and improvement of all proposed parcel maps land divisions, and tentative subdivision maps in the City. The Planning Commission is authorized to conditionally approve or disapprove all tentative parcel maps and tentative subdivision maps and land divisions, and submit to tThe Planning Commission is authorized to submit its recommendation on a final map to the City Council for consideration. The City Council is the approving authority for all final maps approva_.
(Ord. 547 §1.2, _983)
16.04.030 - Land DivisionDevelopment Review Committee.
There is created a Land DivisionDevelopment Review Committee to act in an advisory capacity enfor all land divisions to the designated advisory agencies.
A.
The Land Division Commi teeDevelopment Review Committee shall consist of representatives from the following departments and districts:
1 Panning Community Development Department;
2. Engineering DepartmentEconomic Development Department; 3 Department o= Bui_ding and Sa=etyParks and Recreation Department;
4. Public Works Department;
5. Riverside County Flood Control and Water Conservation District;
6. Fire Department:i
7. Finance Depat tinent;
8. Police Department:
9. Transit Department;
10. Wastewater Department;
11. Beaumont -Cherry Valley Water District;
12. Beaumont Unified School District.
B.
ThoA representative from the Planning Community Development Depattinent shall be the chairs and shall coordinate recommendations from the other departments and districts.
C.
3
The Land Division CommittccDevelopment Review Committee shall consider all land division maps and report its findings and recommendations on subdivision maps and parcel maps to the advisory agency that has jurisdiction over the map.
D.
The Land Division CommittceDevelopment Review Committee shall meet at least once each month and shall hold such additional meetings as may be required. (Ord. 547 §1.3, _983)
16.04.040 - Appeal Board.
The City Council is established as the Appeal Board to which the land divider or any interested person may appeal from any action of the advisory agency with respect to tentative parcel maps and tentative subdivision tract maps.
(Ord. 5'7 §1.', 983)
SECTION 78. Amendment to Beaumont Municipal Code Chapter 16.08. Chapter 16.08 is hereby amended as follows (new language in red, deletions in strikeout):
Chapter 16.08 - DEFINITIONS
I. - GENERAL DEFINITIONS
16.08.010 - Generally.
In this title, unless the context otherwise requires, the words set out in this chapter shall have the meanings set out in Sections 16.08.020 through 6.08.54016.08.570. (Ord. 547 §2. _Oar), _983)
16.08.020 - Advisory agency.
"Advisory agency" means the Planning Commission for all tentative subdivision maps, including parcel maps.
(Ord. 547 §2.1(A), 1983)
16.08.030 - Building DirectorOfficial.
"Building DircctorOfcial" means the Director of Building and Safety of the City or designee. (Ord. 547 §2.1(B), 1983)
16.08.040 - City Engineer.
"City Engineer" means the Engineer of the City or designee. (Ord. 517 §2._(C), 1983)
16.08.050 - Community Development Director.
"Community Development Director" means the Director of the Community Development Department of the City or designee.
16.08.0560 - Department of Transportation.
"Department of Transportation" means the Department of Transportation of the State or designee. (Ord. 517 §2."(E), 983)
16.08.0670 - Flood Control Engineer.
"Flood Control Engineer" means the Chief Engineer of the Riverside County Flood Control and Water Conservation District or designee.
(Ord. 547 §2._(F), 1983)
4
16.08.0780 - Health Officer.
"Health Officer" means the Health Officer of the County or designee. (Ord. 547 §2." (G), 1983)
16.08.080090 - Land use ordinance.
"Land use ordinance" means the ordinance codified in Title 17 of this Code. (Ord. 547 §2._(M), 1983)
16.08.090 Planning Director.
"Planning Director" means the Panning Direcor of the City. (Ord. 517 §2. = (H), 1983)
16.08.100 - Public Works Director.
"Public Works Director" means the Director of Public Works of the City or designee. (Ord. 547 §2. _ (I), 1983)
16.08.110 - Recorder.
"Recorder" means the Recorder of the County.
(Ord. 547 §2.1(J), 1983)
16.08.120 - Road Commissioner.
"Road Commissioner" means the Road Commissioner and County Surveyor o- t le County. (Ord. 547 §2._(K), 1983).
16.08.1320 - Staff.
"Staff' means the employees of the City of Beaumont.
16.08.130 - Surveyor.
"Surveyor" means the surveyor of the County of Riverside or designee. (Ord. 517 §2._(L), _983)
II. - TECHNICAL DEFINITIONS
16.08.140 - Contiguous units.
"Contiguous units" means adjacent parcels of land which shall be considered contiguous even if separated by roads, streets, utility easements, or railroad rights -of -way. (Ord. 547 §2.2(A), 1983)
16.08.150 - Design.
"Design" means:
A.
Street alignments, grades, and widths;
B.
Drainage and sanitary facilities and utilities, including alignments and grades thereof; C.
Location and size of all required easements and rights -of -way; D.
Fire roads and firebreaks;
E.
Lot size and configuration;
F.
Traffic access;
G.
Grading;
H.
Land to be dedicated for park or recreational purposes; I.
5
Such other specific requirements in the plan and configuration of the entire land division as may be necessary or convenient to insureensure conformity tewith or implementation of the general plan of the City or any adopted specific plan.
(Ord. 517 § 2.2(B), _983)
16.08.160 - General plan.
"General plan" means the general plan of the City including the elements thereof, as required by Section 65300 et seq. of the Government Code as adopted by the City Council. (Ord. 547 §2.2(C), 1983)
16.08.170 - Improvement.
"Improvement" means such street work, surveys and monuments and utilities to be installed, or agreed to be installed, by the land divider on the land to be used for public or private street, highways, ways, and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic needs as a condition precedent to the approval and acceptance of the final map thereof. "Improvement" also means such other specific improvements or types of improvements, the installation of which, either by the land divider, by public agencies, by private utilities, by any other entity or by any combination thereof, is necessary or convenient to insure conformity and implementation of the conditions of approval of the tentative map and the general plan of the City and any adopted specific plan. (Ord. 547 §2.2(E), 1983)
16.08.180 - Improvement standards.
"Improvement standards" means the standards set forth in the ordinance codified in this title and other ordinances related to the development of land as a subdivision or parcel map division. (Ord. 547 §2.2(F), 1983)
16.08.190 - Land division.
"Land division" means both subdivision and parcel map divisions of land as defined in this section:
A.
"Subdivision" means the division of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, gift or financing, whether immediate or future, except the land divisions described in subsection B of this section shall qualify as parcel map divisions.
B.
"Parcel map division" means the division of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, gik or fmancing, whether immediate or future, if any of the following conditions prevail:
1 The land is divided into four or _essfewer parcels;
2. The whole parcel before division contains lessfewer than five acres, each parcel created by the division abuts upon a fully improved maintained public street or highway, and no dedication or improvements as normally required under this title are required for the land division; 3 Each parcel created by the land division has a gross area of not lessfewer than 20 acres up to 40 acres and each parcel has an approved access to a maintained public street or highway; 6
4. The land consists of a parcel or parcels of land having approved access to a public street or highway; is part of a tract of land zoned for industrial or commercial development; and is approved as to street alignment and width;
5. Each parcel created by the "land division" has a gross area of 40 acres and more, or each of which is not less than a quarter of a quarter section.
B.
"Land division" does not include:
1 The fmancing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, or trailer parks;
2. Agricultural, gas, oil, or mineral leases;
3 Land dedicated for cemetery purposes under the California Health and Safety Code;
4. The division of land caused by the acquisition of a property interest by a public utility for operating public utility purposes, or the conveyance of land by a public utility to a contiguous ownership;
5. A lot line adjustment solely for the purpose of increasing or adjusting the size of an adjacent lot or parcel; provided, that the lot line adjustment does not reduce the original parcels below the zoning development standards applicable to the land, no additional parcels are created and the adjustment is approved by the Panning Community Development Director in accordance with Section
16.68.010.
(Ord. 547 S2.2(D), 1983)
16.08.200 - Land project.
"Land project" means a land division as defined in Section 11000.5 of the Business and Professions Code.
(Ord. 547 §2.2(G), 1983)
16.08.210 - Minor change.
"Minor change" means a modification of an approved tentative map that involves a change of lot lines, lot shape, lot dimensions, street alignment width or grade, grading proposals or other elements that do not change the basic design or improvements required in the approved tentative map and the conditions thereof.
(Ord. 547 § 2.2(H), 1983)
16.08.220 - Planned residential development.
"Planned residential development" means residential development including, but not limited to, statutory and non -statutory condominiums, cluster housing, townhouses and community apartments, that is permitted reduced lot area, width and depth requirements and building setback requirements, by integrating into the overall development open space and outdoor recreational facilities, and which may include recreational and public assembly buildings intended for the use of the residents of the project, within the development. (Ord. 547 §2.2(M), 1983)
16.08.230 - Public access.
"Public access" means:
A.
A dedication to public use to the City, or to the County to the required width for road purposes. 7
B.
A permanent written easement for road purposes to the required width from the State or Federal Government.
C.
An access road as defined in this title that has been open to the public without posting for five years or more, provided adequate evidence thereof is submitted to and approved by the City Engineer.
(Ord. 547 §2.2(L), 1983)
16.08.240 - Revised tentative map.
"Revised tentative map" means a modification of an approved tentative map wherein the design of the land division is changed from the approved tentative map, but there is no substantial change in concept from the original approved map.
(Ord. 547 §2.2(I), 1983)
16.08.250 - SpecificationSpecific Plan.
"Specific plan" means a plan adopted by the Council that is based upon the general plan of the City, as provided in Section 65450 et seq. of the Government Code. (Ord. 547 §2.2(J), 1983)
16.08.260 - Storm frequency of one in 100 years.
"Storm frequency of one in 100 years" means a storm that will probably be equaled or exceeded on the average of once every 100 years. It does not follow, however, that such a storm will be equaled or exceeded once in every 100 -year period, or that, having occurred once, it will not occur again for 100 years. It may occur several times in a 100 -year period but over a sufficient length of time the average is expected to be once in 100 years.
(Ord. 547 §2.2(K), 1983)
III. - STREET AND HIGHWAY DEFINITIONS
16.08.270 - Access road.
"Access road" means a road with a minimum right-of-way of 60 feet, or a part-time street having a minimum right-of-way of 40 feet, which provides access to a division of land from an existing maintained highway. If the land division is a parcel map creating four or lessfewer parcels, the minimum right-of-way for a part -width street may be reduced to 30 feet. Use of an access road for new land divisions is permitted only where there is a reasonable probability of full road improvements being made in the foreseeable future.
(Ord. 547 §2.3(A)(10), 1983)
16.08.280 - Alley.
"Alley" means a secondary means of access to property and is ocated at the rear or side of the property, not intended for general traffic circulation or primary access to any lot or parcel of land or dwelling and the m -Minimum right-of-way width shall be 20 feet. (Ord. 547 §2.3(A)(11), 1983)
16.08.290 - Arterial highway.
"Arterial highway" means a divided highway primarily for through traffic to which access from abutting property shall be kept at a minimum. Intersections with other streets or highways shall be 8
limited to approximately one -quarter mile intervals. Minimum rights -of -way width shall be 110 feet.
(Ord. 547 §2.3(A)(3), 1983)
16.08.300 - Barrier strip.
"Barrier strip" means a strip of land one foot or more in width dedicated to the City for street purposes and access control at the end of a dead-end street or along the side of a part -width dedicated street or other public right-of-way.
(Ord. 547 §2.3(B)(1), 1983)
16.08.310 - Bicycle way.
"Bicycle way" means an area either within or outside the right-of-way of a dedicated street where bicycle travel is the designated use.
(Ord. 547 §2.3(B)(2), 1983)
16.08.320 - Collector street.
"Collector street" means a street which is intended to serve intensive residential land use, multiple - family dwellings, or to convey traffic through a subdivision to roads of equal capacity or greater.
Minimum right-of-way width shall be 66 feet.
(Ord. 547 §2.3(A)(6), 1983)
16.08.330 - Cul-de-sac street.
"Cul-de-sac" means a road open at one end only, with special provisions for turning around and which may be further extended in adjoining property.
(Ord. 547 §2.3(A)(13), 1983)
16.08.340 - Dead-end street.
"Dead-end street" means open at one end only, without provisions for turning around and which may be further extended in adjoining property.
(Ord. 547 §2.3(A)(14), 1983)
16.08.350 - Downtown street.
"Downtown street" means streets serving the Beaumont Downtown Area Plan.
16.08.3560 - Expressway.
"Expressway" means a highway for through traffic to which access from abutting property is restricted. Intersections with other streets or highways shall be limited to approximately one-half mile intervals.
(Ord. 547 §2.3(A)(1), 1983)
16.08.3670 - Freeway.
"Freeway" means a highway upon which the abutter's rights of access is controlled, and which provides separated grades at intersecting streets.
(Ord. 547 §2.3(A)(2), 1983}
16.08.3780 - Frontage road or service road.
"Frontage road or service road" means a local street auxiliary to and adjacent to freeways, expressways, arterial highways, major highways, and secondary highways. Minimum right-of-way width shall be 52 feet.
(Ord. 517 §2.3(A)(_2), _983}
16.08.3890 - General local street.
"General local street" means a through street serving 100 or more single-family lots with at least one end terminating at a road of greater capacity. Minimum right-of-way width shall be 60 feet. (Ord. 517 §2.3(A)(7), _983}
16.08.400 - Golf cart way. "Golf cart way" means an area either within or outside the right-of- way of a dedicated street where golf cart travel is a permitted use.
16.08.3410 - Highway or street.
9
"Highway" or "street" means a right-of-way within which improvements are constructed for the conveyance of vehicular traffic and includes all highways, streets, roads,. and alleys. Said rights - of -way and improvements shall be in conformity with City Engineering Department Standards and Specifications as set forth in Resolution No. 1980-35.
(Ord. 547 §2.3(A)(part), _983)
16.08.4020 - Major highway.
"Major highway" means a highway intended to serve property zoned for major industrial and commercial uses, or to serve through traffic. Intersections with other streets or highways shall be limited to approximately one -eighth mile intervals. Minimum rights -of -way width shall be 100 feet.
(Ord. 5L7 §2.3(A)(4), _983)
16.08.4130 - Median.
"Median" means that portion of a divided highway separating the traveled -_way for traffic in opposite directions.
(Ord. 547 §2.3(B)(3), 1983)
16.08.4240 - Multilane demand.
'Multilane demand" means that projected traffic volume will exceed the nominal capacity of a two-lane street section when such projected traffic volume is determined by a rational method of traffic generation employing land use techniques and traffic engineering principles. (Ord. 517 §2.3(B)(3), _983)
16.08.4350 - Outer separation.
"Outer separation" means the area between the traveled waytraveled way of a highway for through traffic and a frontage road or service road.
(Ord. 547 §2.3(B)(5), 983)
16.08.4460 - Part -width street.
"Part -width street" means any street, the improved width of which, is less than the width necessary for a normal full -width street.
(Ord. 517 §2.3(B)(6), _983)
16.08.4670 - Pedestrian way/sidewalk.
"Pedestrian way/sidewalk" means a right-of-way designed for use by pedestrians and not intended for use by motor vehicles of any kind. A pedestrian way may be located within or without a street right-of-way.
(Ord. 547 §2.3(B)(7), 1983)
16.08.4680 - Private street.
"Private street" means a street for which access control is permitted by land division design, posting or gating.
(Ord. 547 §2.3(A)(15), " 983)
16.08.4790 - Restricted local street.
"Restricted local street" means a local street where, due to unusual conditions, it is impractical to provide for a wider right-of-way. Minimum right-of-way width shall be 50 feet. (Ord. 547 §2.3(A)(9), _983)
16.08.480500 - Right-of-way.
"Right-of-way" means the entire width of property for the use of highways, flood and drainage works, overhead and underground utilities, or any related improvements. 10
(Ord. 517 §2.3(B)(8), 983)
16.08.490510 - Roadside strip.
"Roadside strip" means the area adjoining the outer edge of the roadbed, extending to the right-of- way line in which sidewalks, plantings, utilities, bank slopes, and related facilities may be located. (Ord. 517 §2.3(B)(9), _983)
16.08.5020 - Roadway.
"Roadway" means that portion of the highway including roadbed, all slopes, side ditches, channel, waterways, and all other related facilities which are located within a road right-of-way. (Ord. 547 §2.3(B)(-0), _983)
16.08.5130 - Roadbed.
"Roadbed" means that portion of the roadway extending from curb face to curb face or to outside line of improved shoulders. Divided highways shall be considered as having two roadbeds. (Ord. 547 §2.3(B)(_ _), 1983)
16.08.540 - Secondary frontage.
"Secondary frontage" means frontage for streets similar to arterial roadways for lower speeds and reduced right-of-way to reflect adjacent land uses.
16.08.5250 - Secondary highwaystreet.
"Secondary highwaystreet" means a highway street intended to serve property zoned for multiple residential, secondary, industrial, or commercial uses, or to serve through traffic. Minimum right- of-way width shall be 88 feet.
(Ord. 517 §2.3(A)(5), 1983)
16.08.5360 - Short local street.
"Short local street" means a residential street limited by subdivision design to serve le -s sfewer than 100 single-family dwellings. Minimum right-of-way width shall be 60 feet. (Ord. 517 §2.3(A)(8), _983)
16.08.5470 - Traveled way.
"Traveled way" means that portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.
(Ord. 517 §2.3(B)(_2), 1983)
SECTION 89. Amendment to Beaumont Municipal Code Chapter 16.16. Chapter 16.16 is hereby amended as follows (new language in red, deletions in strikeout):
16.16.010 - Tract number.
A.
Prior to the filing of a tentative map for a land division, a tract number shall be obtained from the Road CommissionerSurveyor. Any number that is not used within two years from the date it is issued shall become null and void. The land divider shall pay the fee required as set forth in the ordinance codified in this title, and on file in the City Clerk's Office.
B.
When the tentative map is a parcel map division, this shall be so indicated thereon.
C.
The Road CommissionerSurveyor shall maintain a permanent record of all tract numbers.
D.
When applying for a tract number, the land divider shall certify that he is a record owner of the property, or that the record owner consents to the filing of the map, or the land divider shall submit such proof of ownership or consent of the owner as shall be necessary for the Road CommissionerSurveyor.
11
E.
When a number has been assigned by the Road CommissionerSurveyor for a particular parcel or contiguous parcels of land, the land divider shall place the tract number upon each tentative map of the land division and neither the number nor the area of the parcel of land for which the number is issued shall thereafter be changed or altered in any manner upon the tentative map of the land division unless and until a new number has been assigned by the Road CommissionerSurveyor.
F.
The Road CommissionerSurveyor shall not issue tract numbers to different persons for the same parcel of land or any portion thereof without first obtaining a release of the number from the person previously issued such number.
(Ord. 547 §4._, _983)
16.16.020 - Preliminary corner stakes.
Prior to filing a tentative map, the land divider shall place a conspicuous stake identified with a number or corner description and flag at each approximate corner of the property to be divided.
The stake shall extend at least three feet above the ground and be identified with a number and corner description. Detailed vicinity maps may be provided in lieu of corner stakes if approved by staff. Failure to place the required stakes or provide detailed maps may cause discontinuance or delay of the processing of the tentative map.
(Ord. 547 §4.2, 1983)
16.16.030 - Application.
A.
Prior to filing a tentative map, the land divider shall obtain an application for a land division, which form shall be furnished by the Planning DirectorCommunity Development Director and be completed by the land divider.
B.
The application shall be for the purpose of:
1 Providing and clarifying the information required to be shown on, or to accompany, the tentative map;
2. Determining whether the land division conforms to all the requirements of this and other City ordinances;
3 Expediting the processing of the tentative map.
(Ord. 547 §4.3, 1983)
16.16.040 - Division of land.
A.
No person shall make any land division, as defined in this title, of real property City Located in the incorporated area of the City, except in accordance with the provisions of the Subdivision Map Act and this title.
B.
When a tentative map has been submitted, no grading or construction work shall be performed until the tentative map, and the improvement plans for such work have been approved. (Ord. 5'17 §/ ', 983)
12
16.16.050 - Optional procedure.
Prior to filing of a tentative map, a land divider may, without payment of fee, discuss the proposed land division with the PlanningCommunity Development Department staff. (Ord. 547 §4.5, _983)
16.16.060 - Date of filing.
The date of filing of a tentative map shall be the date on which the map and information required by the Subdivision Map Act and this title have been filed; the fees have been paid; all procedures required by the City of Beaumont Rules Implementing the California Environmental Quality Act to hear a matter have been completed; and, if the land division is within a special study zone for geological hazards when all procedures under Riverside County Ordinance No. 547 have been completed. The time limitations for processing a tentative map shall not begin to run until the tentative map is deemed finally filed upon completion of all requirements during the preliminary filing stage.
(Ord. 547 §4.6, 1983)
SECTION 8910. Amendment to Beaumont Municipal Code Chapter 16.24. Chapter 16.24 is hereby amended as follows (new language in red, deletions in strikeout):
16.24.010 - Filing of tentative maps.
A.
Preliminary filing shall be as follows: All tentative maps shall be filed with the Panning Direc`orCommunity Development Director on a preliminary filing basis and shall be accompanied by a fee as set forth in the ordinance codified in this title, and on file in the City Clerk's Office.
During the preliminary filing period, the 50 -day time limit for processing tentative maps shall not commence to run. Not less than 15 copies of a tentative map shall be filed, which mMaps shall be drawn to an engineer's scale appropriate to clearly present necessary details, and shall be on pages not less t Zan eig Zteen inc les by 26 inches.
B.
During the time that the tentative map is considered preliminarily filed:
1 The land divider shall comply with the City of Beaumont Rules to Implement the Provisions of the California Environmental Quality Act (C -E -Q-A-) including the preparation of an Environmental Impact Report if one is required.
2. The land divider shall comply with Riverside County Ordinance No. 547 and all the requirements of the Alquist-Priolo Geologic Special Studies Zone Act. The land divider shall obtain clearance from the Beaumont -Cherry Valley Water District for all requirements relating to water.
C.
Actual filing of tentative map: When all requirements of the preliminary filing stage are completed, the Planning DirectorCommunity Development Director shall notify the land divider and the tentative map shall then be accepted for filing upon the payment of the required fees as set forth in the ordinance codified in this title, and on file in the City Clerk's Office. (Ord. 517 §6._, "983)
16.24.020 - Fee for flood protection study.
A.
A flood protection study fee shall be paid at the time of actual filing of a tentative map as set forth in the ordinance codified in this title, and on file in the City Clerk's Office.
B.
13
When the fee is collected, it shall be paid to the Flood Control District that performs the flood protection study.
C.
No charge shall be made for a flood protection study on a revised tentative map filed within two years of the original filing unless additional lots have been added. If a resubmitted map has additional lots proposed, a supplemental payment of the normal lot fee multiplied by the additional number of lots will be required. After two years the fee shall be the same as the original fee.
D.
There shall be no flood protection study fee for reverting subdivided lands to acreage.
E. Deemed Complete Status. Upon receipt of a tentative map a Dplication, the Community Development Director or designee shall determine completeness pursuant to Government Code §65943. Written notification shall be provided to the applicant identifying completeness or required corrections.
(Ord. 517 §6.2, =983)
16.24.030 - Map distribution.
Upon the actual filing of the tentative map with the Planning DirectorCommunity Development Director, one copy thereof shall be forwarded to each member of the appropriate advisory agency and to each of the following as may be concerned:
A.
California Department of Transportation;
B.
City of Banning;
C. County of Riverside;
CD.
The Flood Control District or person designated who will perform flood control and drainage studies;
DE.
Any City, Community Services District, school, or other authorized district requesting a copy; EF.
Any utility purveyor serving the area with its facilities; FG.
Any others as may be appropriate.
(Ord. 547 §6.3, _983)
16.24.040 - Review by Land Division CommitteeDevelopment Review Committee.
A.
Upon determination of completeness, tentative map applications shall be routed to the Development Review Committee for interdisciplinary review. All tentative maps shall be reviewed by the appropriate section of the Land Division CommitteeDevelopment Review Committee. The land divider and his representative shall be notified of the date and time of the meeting, at which time the land divider may review his proposed map with the committee.
B.
CEQA Review. The City shall evaluate the tentative map in accordance with the California Environmental Quality Act (CEQA) and applicable local procedures.
C.
14
Upon the completion of its review, the Land Division CommittecDevelopment Review Committee shall prepare a report and recommendations and shall transmit a copy to the appropriate advisory agency. The report shall be in writing and a copy thereof served on the land divider and t its representative at least five days prior to any hearing or action on the map by the advisory agency.
D.
Public Hearing Required. A public hearing shall be scheduled before the Planning Commission once DRC comments have been addressed and CEQA review has been completed or appropriately documented.
E.
Notice. Public notices shall be issued in accordance with Government Code §65090 and §66451.3. (Ord. 5/7 §6.", "983)
16.24.050 - Consideration by the advisory agency.
A.
Planning Commission Authority. The Planning Commission shall serve as the final decision - making body for all tentative maps unless an appeal is filed or authority is otherwise mandated by state law.
B.
Findings Required. Prior to approving, conditionally approving, or denying a tentative ma , the Commission shall make findings required by the Subdivision Map Act and this title.
C.
Conditions of Approval. Conditions may be imposed to ensure compliance with the General Plan.
Municmal Code, and Map Act.
D.
Within 50 days after the date of actual filing of a tentative map, a public hearing on the map shall be held before the advisory agency. Notice of the hearing shall be given at least ten days before the hearing by U.S. mail, postage prepaid, to owners of real property located within 300 feet of the exterior boundaries of the property to be considered, as shown on the last equalized assessment roll of the County and any update issued by the County Assessor and by publication once in a newspaper of general circulation in the City. After closing the hearing, the advisory agency shall file a written report with the City Council recommending a-nrova_, approving with conditions or disa Dnroving tie tentative subdivision or parce map, and report its actions directly to the land divider and his authorized agent.
14E.
The advisory agency, upon the request of the land divider, may waive the requirement that a final parcel map be recorded if the advisory agency fmds that the proposed land division complies with the requirements as to:
1 Area;
2. Improvement and design;
3 Flood water drainage control;
4. Appropriate improved public roads;
5. Sanitary disposal facilities;
6. Water supply availability;
15
7. Environmental protection;
8. Adequate existing survey control;
9. Other provisions of this and other applicable ordinances of the City and the Subdivision Map Act. (Ord. 547 §6.5, 1983)
16.24.060 - Appeal of actions of advisory agency.
The land divider or any interested party may appeal the decision of the advisory agency on a tentative subdivision or parcel map, to the City Council within 15 days after the decision of the advisory agency. The appeal shall be filed in the City ManagerClerk's Office, stating in writing the basis for the appeal and accompanied by the fee set forth in the ordinance codified in this title, and on file in the City Clerk's Office. All appeals shall be heard by the Council at a public hearing, on a date within 30 days after the date of the filing of the appeal and notice of public hearing shall be given in the same manner as was given for the original hearing. Upon the conclusion of the hearing, the Council shall render its decision on the appeal within 20 days. (Ord. 547 §6.6, _983)
16.24.070 - Extension of the time for processing.
All the time limits specified in this title for reporting and acting on tentative maps may be extended by the mutual consent of the land divider and the advisory agency or the Council. (Ord. 547 §6.7, 1933)
SECTION 101. Amendment to Beaumont Municipal Code Chapter 16.32. Chapter 16.32 is hereby amended as follows (new language in red, deletions in strikeout):
16.32.010 - Revised tentative maps.
A.
Any revised tentative map shall comply with all of the provisions of the Subdivision Map Act and this title in effect at the time the revised map is approved.
B.
Proceedings on a revised tentative map shall be conducted in the same manner as for the original approval of a tentative map except those procedures that are not applicable. The approval or conditional approval of a revised tentative map shall annul approval of the previous tentative map, but the approval thereof shall not extend the time within which the final map may be filed. (Ord. 547 §8.1, 1983)
16.32.020 - Minor changes.
A.
A request for approval of a minor change to an approved tentative map shall be filed with the Panning De DartmentCommunity Development Department, accompanied by the fee specified by the ordinance codified in this title, and on file in the City Clerk's Office, and referred to the Lanc Division Commi teeDevelopment Review Committee. The request shall be reviewed by the Land Division CommittcoDevelo-,ment Review Committee, which committee shall make a written recommendation thereon to the advisory agency.
16
B.
The advisory agency shall consider the matter, review the recommendation of the Land Division CommitteeDevelopment Review Committee, and make a decision on the request. An appeal of the advisory agency's decision may be made to the City Council. The decision of the Council on the minor change shall be final.
C.
A minor change shall not require a noticed public hearing; however, the advisory agency or the City Council may, at their discretion, allow testimony to be given on the proposed change. The advisory agency or Council may make a fmal decision on the matter when it initially appears on its agenda, or it may continue the matter without the consent of the land divider. The approval by the advisory agency or Council of a minor change shall not affect the time period within which the land divider must prepare and file the final map.
(Ord. 547 §8.2, "983)
16.32.030 - Division into units.
A.
If a land divider proposes to file a final map on only a portion of land shown on an approved tentative map, he shall file an application with the P arming Direc orCommunity Development Department Director accompanied by the fee as set forth in the ordinance codified in this title, and on file in the City Clerk's Office.
B.
The Planning DirectorCommunity Development Department Director shall refer the application to the Land Division CommittccDevelopment Review Committee for its review.
C.
No unit map shall be approved unless it is complete and in compliance with all of the provisions of this title, including fire protection, flood control, traffic circulation, access, and environmental considerations and with all conditions of approval of the tentative tract.
D.
The unit will be identified by the approved tentative map number with a dash number designating said unit. The unit number shall be obtained from the Road CommissionerSurveyor upon payment of the fee specified in the ordinance codified in this title, and on file in the City Clerk's Office.
Units shall be recorded in the order as indicated by the unit number. The last unit within a tentative map to be recorded will not bear a unit number.
(Ord. 517 §8.3, "983)
16.32.040 - Expiration of approved tentative maps —Extension of time.
A.
Tentative Subdivision Maps. An approved or conditionally approved tentative subdivision map shall expire 24 months after such approval unless within that period of time a fmal map shall have been approved and filed with the County Recorder. Prior to the expiration date, the land divider may apply in writing for an extension of time. Each application shall be made to the advisory agency 30 days prior to the expiration date of the tentative map and shall be accompanied by the fee set forth by the ordinance codified in this title, and on file in the City Clerk's Office. The advisory agency shall forward to the Council an approval or denial of the application. The Council may extend the date on which the map expires for one year.
B.
Tentative Parcel Maps. An approved or conditionally approved tentative parcel map shall expire 24 months after such approval, unless within that period of time a final map shall have been approved and filed with the County Recorder. Prior to the expiration date, the land divider may apply in writing for an extension of time period. Each application shall be made to the advisory 17
agency 30 days prior to the expiration date of the tentative map; and shall be accompanied by the fee set forth in the ordinance codified in this title, and on file in the City Clerk's Office. The advisory agency may extend the date on which the map expires for one year. The advisory agency shall report its action directly to the land divider.
C.
An extension of time shall not be granted unless the land division conforms to the general plan and is consistent with zoning and with the applicable schedule of improvements in effect at the time an extension is granted.
(Ord. 5L7 §8.4, 983)
SECTION 121. Amendment to Beaumont Municipal Code Chapter 16.36. Chapter 16.36 is hereby amended as follows (new language in red, deletions in strikeout):
16.36.010 - General.
After the approval or conditional approval of the tentative map and prior to the expiration of such map, the subdivider may cause the real property included within the map, or any part thereof, to be surveyed and a final map thereof prepared in accordance with the approved or conditionally approved tentative map.
(Ord. 547 §547 § 9.1, 1983)
16.36.020 - Subdivision boundary plat requirements.
A.
Surveys made in preparation of final land division maps shall be in accordance with standard practices and principles of surveying and all applicable provisions of the Subdivision Map Act.
B.
Before the final map of a subdivision will be accepted by the City Engineer for checking, the land divider shall submit and obtain approval by the Road Commissioneradvisory agency of a map showing:
1 A boundary survey of the land division, including all courses and distances to compute a closure;
2. Sufficient data to prove the method by which the boundary was determined, including a description of all corners found or set, adjoining maps or property lines of record; 3 The map shall be drawn on 18 inches by 26 inches minimum sheets of reproducible material.
C.
The City Engineer may waive the boundary plat if sufficient survey information is of record.
D.
Wherever the City Engineer has established the centerline of a street, that data shall be considered in making the surveys and in preparing the final map, and all monuments found shall be indicated and public record, relating to the monuments. If the points were reset by ties, that fact shall be stated. The final map shall show City boundaries adjoining the division of land. (Ord. 5/7 §9.2, _983)
16.36.030 - Preliminary filing of final subdivision map.
A.
18
When a boundary survey map is approved or waived by the City Engineer, the subdivider may then file his final map for preliminary checking in the office of the City Engineer. Five positive prints shall be filed with the City Engineer to be distributed as follows:
1 Two to the City Engineer;
2. One to the Planning DepartmentCommunity Development Department; 3 One to the appropriate flood control agency.
B.
The final map shall be accompanied by the following: map checking fees as set forth in the ordinance codified in this title, and on file in the City Clerk's Office.
C.
Improvement plans shall be accompanied by the following: Two sets of prints of plans of the proposed improvements together with the plan checking fee as set forth in the ordinance codified in this title, and on file in the City Clerk's Office.
D.
Prior to the recordation of the final map, the following items shall be provided and approved:
1 A copy of the approved Conditions, Covenants and Restrictions (CC & R's) that are to be recorded with the final map;
2. Evidence of title in the form of a current preliminary title report issued by a California title company, showing the names of persons having any record title interest in the land to be divided, together with the nature of their respective interests therein. In the event that any dedication is to be made for public use of any property shown on a final land division map, a subdivision guarantee shall be issued by a California title company. The consent of the owner or owners of any contingent reversionary interest in the lands to be subdivided is not necessary and need not be named in the guarantee of title.
3 All request for waivers of signatures as proved in the Subdivision Map Act shall be required.
4. Utility plans required shall be as follows:
a.
An original and three positive prints of each map showing the proposed water distribution and sewage collection systems, signed by the purveyors and a registered civil engineer; each system shall comply with all applicable State, County and City regulations. The City Fire Department shall also sign the water plan when conditions include fire protection. b.
Letters from other utility purveyors that will serve the land division certifying that satisfactory provisions have been made with each of the said public utility purveyors as to location of their facilities and construction thereof.
(Ord. 517 §9.5, _983)
16.36.040 - Preliminary filing of final parcel map.
After a tentative parcel map is approved, the land divider may cause a final parcel map to be prepared and submitted to the City Engineer. The land divider shall submit the following:
A.
19
Two prints of the final parcel map with the plan checking fee as required in the ordinance codified in this title, and on file in the City Clerk's Office.
B.
Two prints each of any required improvement plans with plan checking fee as required in the ordinance codified in this title, and on file in the City Clerk's Office.
C.
Evidence of title in the form of a current preliminary title report issued by a California title company showing the names of persons having any record title interest in the land to be divided, together with the nature of their respective interests therein. In the event that any dedication is to be made for public use of any property shown on a final parcel map, a subdivision guarantee shall be issued by a California title company.
(Ord. 547 §9.4, 1983)
16.36.050 - Data required —Final land division maps.
A.
Final subdivision and parcel maps shall conform to all of the following provisions:
1 Each map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or good quality polyester base film, including certificates, except that such certificates may be legibly stamped or printed upon the map with opaque material when recommended by the City Engineer and authorized by the County Recorder. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. The size of each sheet shall be 18 inches by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch.
2. Each map shall bear the number assigned by the Road CommissionerSurveyor which shall be followed by a subtitle consisting of a general description of all the property being divided by reference to record maps, and to section surveys or ranchos. Reference shall be spelled out and worded identically with original records, with complete reference to proper book and page of record.
3 All sheets shall be numbered, the relation of one sheet to another clearly shown, and the number of sheets used shall be set forth on each sheet. An adequate number of sheets shall be submitted to clearly present all pertinent data.
4. When required by the City Engineer, a location map shall be placed on the final map which indicates the location of the proposed land division and its relationship to existing streets and highways.
5. Prior to recording, the certificates and acknowledgments required by the Subdivision Map Act shall appear on the maps.
6. The Recorder's certificate shall be placed in the upper right hand corner of the first sheet only on multi -sheet maps.
7. 20
The surveyor's or engineer's certificate shall state that the survey was made by him or under his direction, that the survey is true and complete as shown, that all monuments are of the character and occupy the positions indicated and are sufficient to enable the survey to be retraced, that the map conforms to the approved tentative map and conditions of approval thereof, and that all provisions of the applicable State and local ordinances have been complied with.
8. The number, scale, north point and sheet number shall be shown on each sheet of map. The map shall be drawn at a suitable engineer's scale to identify and describe all essential details clearly. If no more than two map sheets are used, an index showing the division of land with lots numbered as shown on the map, shall be shown. A boundary survey shall be shown on one sheet.
9. A land division name shall not be shown on the map.
10. The exterior boundary of the land within a land division shall be indicated by a distinctive delineation and clearly designated.
11 A statement labeled "Map Notes" shall be shown on one sheet of the map. The statement shall include the basis of bearings; the monuments that were found; the monuments and points that were set, with reference to Resolution No. 1980-35 standards; and a key to the symbols and abbreviations and such other information required by the City Engineer.
12. Lots shall be numbered consecutively, commencing with the number "1," with no omissions or duplications. Each lot shall be shown in its entirety on one sheet. Lots used for streets, alleys, or barrier strips shall be lettered. Easements shall be clearly identified.
13. Where a part -width street is shown on a map, the centerline of the improvements shall be monumented and shown correctly, as related to the full future width of the street.
14. Preparation of maps shall conform to County standards, as found in policies and ordinances, except as modified by the City Engineer and approval of the City Council.
15. For each centerline intersection monument set, the engineer or surveyor under whose supervision the survey has been made, shall furnish the City Engineer a set of notes showing clearly four reference monuments.
B.
The following data shall be shown on each final subdivision and parcel map:
1 Dates of survey and the name of the registered civil engineer or licensed surveyor responsible for the preparation of the maps;
2. Locations and names, without abbreviations, of all adjoining, existing and proposed streets, and the location of alleys. Proposed public areas and easements shall also be identified; 3 Gross area of land division, and the net acreage, computed to nearest 0.01 acres, on all lots containing one acre or more. Lot lines shall be shown by solid lines;
4. Centerlines of all streets and lengths, tangent, radius and central angle or radial bearings on all points on curves and the bearings of radial lines to each lot corner on a curve; the width of each 21
street, the width of the portion being dedicated and the width of existing dedications; and the widths of rights -of -way of railroads, flood control or drainage channels and other easements appearing on the map;
5. Sufficient data to determine readily the bearing and length of each line. Recorded survey data as required by the City Engineer;
6. Sufficient primary survey control points;
7. Ties to and recording references to adjacent record maps and to section corners, quarter section corners and also to section lines and quarter section lines when adjacent or within the map;
8. Centerline data and width of all easements to which the division of land is subject. If the easements are not definitely located by record, a statement as to the easement shall appear on the title sheet of the land division map. Distances and bearings on the side lines of lots which are cut by an easement shall be so shown as to indicate clearly the actual location. Alignment data alongside lot lines of easements shall be provided when not controlled by paralleling lines or centerline. The easement shall be clearly labeled and identified and, if already on record, proper reference to the records given. Easements dedicated in land divisions shall be included in the owners' Certificate of Dedication. Easements shall be shown on the map by broken lines.
9. Clear indication of stakes, monuments or other evidence found on the ground to determine the boundaries of the tract, data to determine physical description, size, ground position, tag number,. and record reference of survey markers. Untagged monuments accepted as control shall be tagged or replaced by the surveyor or engineer making the survey;
10. No setback lines shall appear on the final map;
11 New street names shown on a land division map must be approved by the City Engineer;
12. Any required conditions related to geologic hazard. (Ord. 517 §9.5, :983)
16.36.060 - Parcel maps compiled from recorded data.
A parcel map of four or fewer parcels may be compiled from recorded or filed data; if such data is acceptable to the City Engineer. Parcel maps compiled from record data must be part of a recently recorded tract or parcel map that was not compiled from recorded data. (Ord. 547 §9.6, _983}
16.36.070 - Filing of final land division maps.
After the preliminary final land division map is determined to be correct, the City Engineer shall notify the land divider to prepare and submit the original final map together with all required agreements for improvements and securities and all other required documents as may be necessary for Council consideration of the final map. If the final land division map or documents are not determined complete by the City Engineer, they shall be returned to the land divider for corrections.
22
(Ord. 547 §9.7, 1983)
16.36.080 - Action by the City Engineer.
When the final land division map and all agreements, securities and other required documents have been submitted and found to be in correct form, the City Engineer shall, within 20 days thereof, file the final map and documents with the City Council and certify that:
A.
He has examined the map.
B.
The land division as shown is substantially the same as it appeared on the tentative map and any approved alterations thereof.
C.
All provisions of the Subdivision Map Act and all City ordinances applicable at the time of approval of the tentative map have been complied with.
D.
He is satisfied that the map is technically correct.
E.
In the certificate, the City Engineer shall state the date of approval of the tentative map and the date of expiration.
(Ord. 547 §9.8, 1983)
16.36.090 - Action by the City Council.
The City Council shall, at the meeting at which it receives the map or, at its next regular meeting after the meeting at which it receives the map, approve the map if it conforms to all the requirements of the Subdivision Map Act and this title applicable of the tentative map and any rulings made thereunder or, if it does not so conform, disapprove the map; provided, however, the fmal map shall not be disapproved due to technical or inadvertent errors which can easily be corrected and, in the opinion of the City Engineer, do not materially affect the validity of the map. (Ord. 547 §9.9, 1983)
16.36.100 - Survey and monuments.
A.
At the time of making the survey for a final land division map, the engineer or surveyor shall set sufficient durable monuments to conform to the standards described in Section 8771 of the Business and Professions Code and also comply with the requirements of Resolution 1980-35 and the City Engineer.
B.
When five or more lots are shown on the final map, final monuments need not be set at the time the map is recorded if the engineer or surveyor certifies on the map that the monuments will be set on or before a specified later date, and if the land divider enters into a secured agreement guaranteeing the setting of the monument.
C.
When four or essfewer lots are shown on the final map, monuments shall be set prior to the recordation of the final map.
(Ord. 547 §9.10, 1983)
16.36.110 - Delivery of final map to the Recorder.
A.
The final land division map shall be presented by the City Clerk to the Recorder for filing within five days of the action approving the final map by the City Council.
B.
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The land developer shall present to the Recorder evidence that, at the time of the filing of a final land division map, the parties consenting to the filing are all of the parties having a record title interest in the real property being divided whose signatures are required, as shown by the records in the office of the Recorder; otherwise, the map shall not be filed.
C.
The Recorder shall have not more than ten days within which to examine the final land division map and either accept or reject it for filing.
D.
If the Recorder accepts the map for filing, such acceptance shall be certified on the face thereof.
E.
Within ten days following the filing of the final subdivision map or parcel map by the County Recorder, the land divider shall make a polyester type film duplicate of the original recorded map and deliver the same to the City Engineer who shall retain custody thereof. (Ord. 547 §9.11, 1983)
16.36.120 - Certificate of compliance —Waiver of final parcel map.
When a final parcel map has been waived, upon completion of all requirements of the Subdivision Map Act, this title and the conditions required for waiver of the final map, the Planning DirectorCommunity Development Department Director shall file a certificate of compliance with the Recorder upon payment of the fee set forth in the ordinance codified in this title, and on file in the City Clerk's Office.
(Ord. 547 §9._2, 983)
SECTION 132. Amendment to Beaumont Municipal Code Chapter 16.40. Chapter 16.40 is hereby amended as follows (new language in red, deletions in strikeout):
Chapter 16.40 - LAND DIVISION DEDICATIONS, IMPROVEMENTS, FEES AND
RESERVATIONS
16.40.010 - Dedications.
A.
All streets, highways and alleys, and other parcels of land intended for public use including, but not limited to, access road easements required for flood control and utilities intended for public use, shall be offered for dedication to the public by owners' certificate as a part of a final land division map. No utility easement or other rights -of -way shall be granted within proposed street dedications subsequent to the date of filing of a preliminary tentative map. Necessary rights -of - way outside of the tract boundary must be processed by separate instruments.
B.
Whenever a limited access highway is eighty-eight feet or greater in right-of-way width as shown on the circulation element of the general plan of the City or as provided by this title, adjoins or passes through a division of land, access rights to the highway may be required to be offered for dedication to the City. In such event, the note "ACCESS RIGHTS RESTRICTED" shall be shown along the highway right-of-way. Access rights may be restricted when necessary where the ultimate right-of-way width is 88 feet or greater, except for approved access openings. (Ord. 547 §10._, 983)
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16.40.020 - Land division improvements.
A.
Improvements installed in land divisions shall be constructed in conformance to the provisions of Resolution No. 1980-35.
B.
In the absence of a standard for an improvement, the City Engineer may establish a standard in keeping with good construction and engineering practices.
C.
When asphalt -concrete dikes are permitted and drainage is required to cross at intersecting streets, concrete curb returns and cross -gutters shall be installed.
D.
Structural roadbed section shall be designed using recognized design methods, employing engineering soils analysis and determination of traffic evaluations.
E.
The street pattern in the land development shall not landlock adjacent or preclude access to public land.
F.
When located under the pavement, utility mains and utility services shall be installed before the final street surfacing is installed.
G.
Asphalt -concrete dikes shall be waived when it is determined that they are unnecessary for drainage purposes.
(Ord. 547 §10.2, 1983)
16.40.030 - Improvement plans required.
A.
All improvements constructed or installed in land divisions shall be in accordance with detailed plans and specifications as approved in writing by the City Engineer prior to commencement of said improvement work.
B.
All plans shall be submitted to the City Engineer and shall be approved by him before submitting a final land division map to the Council.
C.
All improvements constructed or installed in land divisions, other than rough grading for physical access, whether such work is required by the City or is done at the option of the land divider, shall be inen accordance with plans and specifications as approved by the City Engineer.
D.
Improvement plans shall be required for all improvements, whether installed before or after recordation of the final map.
E.
Contractors shall secure an encroachment permit for all work done in connection with land division projects within public right-of-way.
F.
The improvement plans shall show the location of all existing improvements, gas, and any other service facilities.
G.
Improvements proposed or required on State Highway rights -of -way shall be included in the improvement plans and designed to Department of Transportation standards. Prior to approval by 25
the City Engineer, the land divider's engineer shall acquire the Depai linent of Transportation's approval of such improvements.
(Ord. 547 §10.3, _ 983)
16.40.040 - Improvement for subdivisions.
The minimum improvements which a land divider shall install, or enter into an agreement to install, for subdivisions shall be as set forth in Schedules A and B in Sections 16.40.050 and 16.40.060. (Ord. 547 §10.4, 1983)
16.40.050 - Schedule A subdivision.
Any division of land into five or more parcels, where any parcel is less than 18,000 square feet in net area, shall be defined as a Schedule A subdivision. The minimum improvements for a Schedule A subdivision shall be as follows:
A.
Streets. The minimum improvements for streets are established as follows:
1 Arterial Highways. Eighty-six feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 100;
2. Major Highways. Seventy-six feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 101;
3 Secondary Highways. Sixty-four feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 102;
4. Collector Streets. Forty-four feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 103, Section A;
5. General Local Streets. Forty feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 104, Section A;
6. Short Local Streets. Forty feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 104, Section A;
7. Restricted Local Streets. Thirty-two feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 106, Section A;
8. Access Road. Twenty-six feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 107;
9. Frontage Road. Thirty-six feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 109, Section A;
10. Cul-de-sac Streets. These streets shall be designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 800. The various street widths shall be compatible with the adjacent land uses;
26
11 Alleys. Twenty feet in width, designed and constructed in conformance with Riverside County Ordinance 461, Standard No. 500;
12. Part -width Streets. Twenty feet in width, designed and constructed in conformance with Riverside County Ordinance 461, Standard No. 110, Section A, except when a part -width street serves as an access to the interior subdivision street network, the minimum width shall be one-half of the required improvement, but not less than 28 feet;
13. Street Name Signs. Type and placement shall conform with Riverside County Ordinance 461, Standard No. 461, No. 815 or 816;
14. Barricades shall be placed at the end of dead-end streets in accordance with Riverside County Ordinance 461, Standard No. 810;
15. Sidewalks shall be required to be constructed unless they are determined by the approving body to be unnecessary considering the design of the development. Sidewalk construction shall be in accordance with the Improvement Standards of Riverside County Ordinance 461, Standard Nos. 400 or 401.
B.
Domestic Water. The minimum requirement for domestic water supply and distribution system is as follows:
1 Water Supply. Three hundred gallons per day per single-family lot and 450 gallons per day per lot for all other lots, in all cases deliverable in a four-hour period;
2. Piped water systems;
3. Service Connections. Single-family residence lot, five -eighths of an inch; multiple -family residence lot; one inch.
C.
Fire Protection. The minimum requirement for fire protection facilities in residential zones that do not allow multifamily residential uses shall be as follows:
1 Type of fire hydrant and connection as approved by the City Fire Department;
2. Hydrants located one at each street intersection to conform to City Code Chapters 15.04 and 15.20 and Riverside County Ordinance 546, and not greater than 500 feet apart in any direction; 3 Minimum flow of water which a system shall be capable of delivering at any hydrant; 500 gallons per minute at 20 pounds per square inch flowing pressure above the average daily domestic consumption;
4. For the purposes of this section, 50 gallons per minute is established as the average daily domestic consumption rate for the area served by one fire hydrant. In zones that allow multifamily residential uses, the minimum fire protection shall be set forth in City Code Chapters 15.04 and 15.20 and Riverside County Ordinance 546.
D.
27
Sewage Disposal. The minimum requirement for sewage disposal shall be as follows: Connection to an existing collection system is required.
E.
Electrical and Communication Facilities. Minimum requirement for electrical and communication facilities shall be as follows: Electrical and communication facilities shall be installed in conformity with the provisions of Section 16.52.010.
(Ord. 547 §10.5, _983)
16.40.060 - Schedule B subdivision.
Any division of land into five or more parcels, where any parcel is not less than 18,000 square feet in net area, shall be defined as a Schedule B subdivision. The minimum improvements for a Schedule B subdivision shall be as follows:
A.
Streets. width of asphalt paving required shall be determined as a part of the approval of the tentative map in accordance with the following factors:
1 Design.
a.
The intensity of the use permitted by the zoning on the property; b.
The nature of the developed street improvements in the surrounding area; c.
The topography of the parcel and surrounding area;
d.
Drainage, erosion1 and similar factors.
2. Width. The maximum width of paving shall be as required for Schedule A streets, and the minimum width of paving required shall be as follows:
a.
Arterial Highway. Forty-four feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 100;
b.
Major Highways. Forty-four feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 101;
c.
Secondary Highways. Forty-four feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 102;
d.
Collector Streets. Thirty-two feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 103, Section B; e.
General Local Streets and Short Local Streets. Twenty-six feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 104, Section B; f.
28
Restricted Local Streets. Twenty-six feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 106, Section B; g.
Access Roads. Twenty-six feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 107;
h.
Frontage Roads. Twenty-six feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 109, Section B; i.
Cul-de-sac Streets. These streets shall be designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 800;
J.
Part -width Streets. Twenty feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 110, Section C, except when a part -width street serves as an access to an interior subdivision street network the minimum width shall be one-half of the required improvement, but not less than 28 feet;
k.
Street Name Signs. Type and placement shall conform with Riverside County Ordinance No. 461, Standard Nos. 815 or 8161;
1. Barricades shall be placed at end of dead-end streets in conformance with Riverside County Ordinance No. 461, Standard No. 810.
B.
Domestic Water. The minimum requirement for a domestic water supply and distribution system is as follows:
1 Water Supply. Three hundred gallons per day per single-family lot, and 450 gallons per day per lot for all other lots, in all cases deliverable in a four-hour period;
2. Piped water systems;
3 Service Connection. Single-family residence lot, five -eighths of an inch multiple -family residence lot, one inch.
C.
Fire Protection. The minimum requirement for fire protection facilities in residential zones that do not allow multifamily residential uses shall be as follows:
1 Type of fire hydrant and connection as approved by the agency providing fire protection;
2. Hydrants located one at each street intersection, but not greater than permitted by City Code Chapters 15.04 and 15.20 and Riverside County Ordinance 546, in any direction; 3 Minimum flow of water which system shall be capable of delivering at any hydrant; 500 gallons per minute, at 20 pounds per square inch following pressure above the average daily consumption rate;
4. For the purpose of this section, 50 gallons per minute is established as the average daily domestic consumption rate for the area served by one fire hydrant in zones that allow multifamily residential 29
uses, the minimum fire protection shall be as set forth in City Code Chapters 15.04 and 15.20 and Riverside County Ordinance 546.
D.
Sewage Disposal. The minimum requirement for sewage disposal shall be as follows:
1 Connection to an existing collection system is required ; or
2. If an existing collection system is not available and if it is determined that satisfactory individual disposal systems cannot be proved because of soil conditions, determined by percolation tests in conformity with the standards of the "Ludwig Modification," and fmding that the conditions and requirements of the health department and Regional Water Quality Control Board cannot be met, then a package treatment plant and collector system shall be required.
E.
Fences. Minimum fencing requirements shall be as follows: Six-foot chain -link galvanized wire fences shall be installed along any canal, drain, expressway or other feature deemed to be hazardous.
F.
Electrical and Communication Facilities. Minimum requirement for electrical and communication facilities shall be as follows: Electrical and communication facilities shall be installed in conformity with the provisions of Section 16.52.010.
(Ord. 547 §10.6, _ 983}
16.40.070 - Schedule C parcel map division.
Any division of land into two or more parcels in commercial or industrial zones, regardless of parcel size, shall be defined as a Schedule C subdivision. The minimum improvements for a Schedule C subdivision shall be as follows:
A.
Streets. The minimum improvements for streets are established as follows:
1 All streets shall be constructed in accordance with Schedule A, except:
a.
No street shall be less than 64 feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 102;
b.
No part -width street shall be less than 32 feet in width; c.
Concrete curb and gutter shall be required in all cases.
2. Sidewalks shall be required to be constructed unless they are determined by the approving body to be unnecessary considering the design of the development. Sidewalk construction shall be in accordance with the Improvement Standards of Riverside County Ordinance No. 461, Standard Nos. 400 or 401.
B.
Domestic Water. The minimum requirement for domestic water supply and distribution system is as follows:
30
1 Water Supply. Four hundred fifty gallons per day per lot, and in all cases deliverable in a four-hour period;
2. Piped water system;
3. Service Connections. Service connections shall be one and one-half inches.
C.
Fire Protection. The minimum fire protection requirements shall be as provided in City Code Chapters 15.04 and 15.20 and Riverside County Ordinance 546.
D.
Sewage Disposal. The minimum requirement for sewage disposal shall be as follows:
1 Connection to an existing collection system is required; or
2. If an existing collection system is not available and if it is determined that satisfactory individual disposal systems cannot be provided because of soil conditions, determined by soil percolation tests in conformity with the standards of the "Ludwig Modification" arid finding that the conditions and requirements of the health department and the Regional Water Quality Control Board cannot be met, a package treatment plant and collector system shall be required.
E.
Fences. Minimum requirement for fencing shall be as follows: Six-foot chain -link galvanized wire fence shall be installed along any canal, drain, expressway or other feature deemed to be hazardous.
F.
Electrical and Communication Facilities. The minimum requirements for electrical and communication facilities shall be as follows: Electrical and communication facilities shall be installed in conformity with the provisions of Section 16.52.010. (Ord. 547 §10.7, _983)
16.40.080 - Schedule D parcel map division.
Any division of land into four or _essfewer parcels, where any parcel is less than 18,000 square feet in net area, shall be defined as a Schedule D parcel map division. The minimum improvement for a Schedule D parcel map division shall be the same as those required for Schedule A subdivisions in accordance with Section 16.40.050.
(Ord. 547 §10.8, _983)
16.40.090 - Schedule E parcel map division.
Any division of land into four or lessfewer parcels, where any parcel is not less than 18,000 square feet in net area, shall be defined as a Schedule E parcel map division. The minimum improvements for a Schedule E parcel map division shall be the same as those required for Schedule B subdivisions in accordance with Section 16.40.060.
(Ord. 547 §10.9, 1983)
16.40.100 - Drainage fees.
A.
This section is adopted pursuant to Section 66483, et seq. of the Government Code which provides for the payment of fees for the construction of drainage facilities, as a condition to the division of land.
B.
31
Whenever land that is proposed to be divided lies within the boundaries of an area drainage plan, a drainage fee in the amount required by the plan for the area, as adopted or thereafter amended, shall be required as a condition of approval of the division of land in that drainage area.
C.
The area drainage plan shall be adopted by resolution of the City Council, pursuant to the provisions of Government Code Section 66483 et seq.; shall cover a particular drainage area; shall contain an estimate of the total cost of constructing the drainage facilities required by the plan; and shall include a map of the area that shows the boundaries of the drainage area and the location of the required facilities serving the drainage area. As a part of the adoption of a plan, the Council shall find and determine that the subdivision and development of land within the plan area will require construction of the facilities described in the plan. The Council shall further find and determine that the drainage fees are fairly apportioned within the local drainage area, on the basis of benefits conferred on property proposed for subdivision or on the need for local drainage facilities created by the proposed subdivision and development of other properties within the adopted drainage area, and may provide for varying fees; provided, however, the fee as to any property proposed for subdivision within a drainage area shall not exceed the pro rata share of the amount of the total actual or estimated costs of all facilities within the area which would be assessable on such property if the costs where apportioned uniformly on a per acre basis.
D.
Drainage fees shall be paid at the time of the filing of the final map or parcel map, or as a condition of the waiver of the filing of a parcel map; provided, however, at the option of the land divider the fee may be paid, in pro rata amounts, at the time of the issuance of grading permits for the approved parcels or at the time of issuance of building permits if no grading permits are issued for the parcels. The amount of the drainage fee required to be paid shall be in the amount that is in effect for the particular area drainage plan at the time of actual payment of the fee. If 'the land divider elects to have payment made at the time of issuance of a grading or building permit, the recorded final map or parcel map or certificate of compliance evidencing the waiver of the filing of a parcel map shall specifically state that payment of a drainage fee is required to be paid prior to issuance of a grading permit or building permit for the parcels that have been created by the land division.
In addition, a separate instrument shall be recorded by the land divider in the office of the County Recorder at the time of the filing of the final map or parcel map or certificate of compliance evidencing the waiver of the parcel map, which gives notices that a drainage fee is required to be paid by any person that owns such parcels prior to issuance of a grading or building permit.
E.
If the drainage fee is paid at the time of the filing of the final map or parcel map or certificate of compliance evidencing the waiver of the parcel map, it shall be paid to the City Engineer. If the drainage fee is paid at the time of issuance of a grading or building permit, it shall be paid to the building director. All fees that are collected shall thereafter be deposited into a local drainage facilities fund maintained under the jurisdiction of the Riverside County Flood Control and Water Conservation District. A separate fund shall be established by the district for each adopted local drainage area. Money in such funds shall be expended for construction or reimbursement for construction, including acquisition of right-of-way necessary for construction of the drainage facilities serving the drainage area for which the fees are collected, or to reimburse the district for 32
the cost of engineering and administrative services to design and construct and acquire any necessary right-of-way for the facilities.
F.
In the discretion of the Council considerations such as dedications of right-of-way, actual construction, or design work by a civil engineer may be accepted in lieu of the payment of drainage fees, upon a determination that the alternative is acceptable and is equal to or greater in value than the required fee.
G.
Money may be advanced by the Riverside County Flood Control and Water Conservation District to design or construct drainage facilities or to acquire necessary right-of-way within an adopted drainage area; therefore, money so advanced may be reimbursed to the district from the fund for the local drainage area in which the facilities are located.
H.
When required for the implementation of an adopted area plan, an agreement may be entered into between a developer and the Riverside County Flood Control and Water Conservation District whereby the developer may advance money for the construction of facilities, or design or construct facilities wit lin a local drainage area; provided, that the sole security to the developer for repayment of money or other consideration advanced shall be money subsequently accruing to the local drainage facilities fund for the drainage area in which the facilities are located.
Reimbursement shall be for the amount agreed upon in advance only and shall not include interest or other charges. The agreement shall expire 15 years after the date it was entered into, and any subsequent money paid into the fund shall accrue to the fund without obligation to developers whose agreements have expired.
I.
The drainage plan area, the required facilities and the drainage fee in an adopted plan may be amended by the Council at any time upon a determination that it is necessary to do so in order to correctly reflect the drainage area, the required facilities or estimated cost of the facilities. (Ord. 547 §10.10, 1983)
16.40.110 - Bridge and major thoroughfare fees.
A.
Purpose. This chapter is adopted pursuant to Section 66484 of the Government Code of the State which provides for the payment of fees to defray the actual or estimated costs for the construction of bridges over waterways, railways, freeways and canyons and/or major thoroughfares as a condition of approval of a final map or as a condition of issuing a building permit.
B.
Major Thoroughfare and Bridge Fees. A subdivider, as a condition of approval of a final map for property within an area of benefit, or a building permit applicant, as a condition of issuance of a building permit for property within an area of benefit, shall pay a fee as hereinafter established to defray the cost of constructing bridges over waterways, railways" freeways and canyons, and/or constructing major thoroughfares. No property shall be assessed a fee under this section for both a fmal map and a building permit.
C.
Definitions.
1. "Area of benefit" means a specified area wherein it has been determined that the real property located therein will benefit from the construction of a bridge and/or major thoroughfare.
2. 33
"Bridge facilities" means those locations identified in the transportation element of the general plan of the City (the "general plan") requiring construction of or addition to a bridge spanning a waterway, railway, freeway, or canyon that is part of a major thoroughfare. 3 "Construction" means and includes formation and preliminary studies, design, acquisition ofright- of-way, administration of construction contracts and actual construction.
4. "Major thoroughfares" means those roads designated as arterial, major or secondary highways, as defined by Section 16.08.290 and reflected in the circulation element of the general plan, the primary purpose of which is to carry through traffic and provide a network connecting to or which is part of the State highway system.
5. The singular number includes the plural, and the plural the singular.
D.
General Plan Requirement. The provisions in this section for payment of fees shall apply to a parcel located within the boundaries of the areas of benefit if the bridge and/or major thoroughfare has been included in an element of the general plan adopted by the City Council at least 30 days prior to the filing of a final map or application for a building permit on the parcel location within the boundaries of the area of benefit.
E.
Major Thoroughfares. Payment of fees shall not be required unless a major thoroughfare is in addition to or a widening or reconstruction of any major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit.
F.
Bridge Facilities. Payment of fees shall not be required unless any planned bridge facility is a new bridge serving the area or an addition to an existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit.
G.
Proceedings to Establish.
1 Action to establish an area of benefit may be initiated by the City Council upon its own motion or upon the recommendation of the City Manager, or Community Development Department Director.
2. The City Council will set a public hearing for each proposed area benefited. Notice of the time and place of the hearing, including preliminary information related to the boundaries of the area of benefit, estimated costs of construction and the method of fee apportionment, shall be given pursuant to Section 65091 of the Government Code.
H.
Public Hearing and Protest.
1 At the public hearing, the City Council will consider the preliminary report that sets forth the area for inclusion within the area of benefit, designates the major thoroughfares and/or bridge facilities to be constructed, estimates the cost of construction of each improvement, and describes the method of fee apportionment within the area of benefit. The Council will also consider testimony 34
from interested persons, written protests and other evidence submitted. Within a reasonable time after the conclusion of the public hearing, the City Council may, unless a majority written protest is filed and not withdrawn, determine to establish an area of benefit. If established, the City Council shall adopt a resolution describing the boundaries of the area of benefit, setting forth the cost, whether actual or estimated, and the method of fee apportionment. A certified copy of such resolution shall be recorded with the County Recorder.
2. Such apportioned fees shall be applicable to all property within the area of benefit; and shall be payable as a condition of approval of a final map or as a condition of issuing a building permit for such property or portions thereof. Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the City shall make provisions for payment of the share of improvement cost apportioned to such lands from other sources. The designation of such alternate funding need not be addressed in the resolution establishing the area of benefit. 3 Written protests will be received by the City Clerk at any time prior to the close of the public hearing. Each written protest must be filed by a person or entity owning property within the proposed boundaries of the area of benefit and must describe the property with sufficient specificity so that the parcel may be identified. If the person or entity filing the protest is not shown on the last equalized assessment roll as the owner of the parcel, the protest must contain or be accompanied by documentary evidence establishing ownership. If written protests are filed by the owners of more than one-half of the area of the property to be benefited by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented by the protests to less than one-half of the area to be benefited, then the proposed proceedings shall be abandoned and the City Council shall not, for one year from the filing of the written protests, commence or carryon any proceedings for the same improvement under the provisions of this section. Any protest may be withdrawn in writing by the owner making the same, at any time prior to the close of the public hearing.
4. If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of this section to construct that portion of the improvement so protested against shall be barred for a period of one year, but the City Council shall not be barred from commencing new proceedings not including any part of the improvement so protested against. Such proceedings shall be commenced by a new notice and public hearing as set forth in subsection G of this section.
5. Nothing in this section shall prohibit the City Council, within such one-year period, from commencing and carrying on new proceedings for the construction of an improvement or portion of the improvement so protested against if it finds, by the affirmative vote of four -fifths of its members, that the owners of more than one-half of the area of the property to be benefited are in favor of going forward with such improvement or portion thereof.
I.
Amendments. The resolution establishing an area of benefit may be amended from time to time by the City Council to reflect modifications in either the bridge and/or major thoroughfare facilities to be constructed or the property to be included within the area of benefit due to alterations in land use and to reflect adjustments in the fees schedule necessitated by any such modifications. The amendment(s) shall be adopted in the same manner as the original resolution.
J.
35
Periodic Review. The City Council shall review the costs designated for construction of the bridge and/or major thoroughfare facilities from time to time and shall make modifications to such costs and corresponding adjustments to the fees as are necessary to ensure that the bridge and/or major thoroughfare facilities can be constructed from accumulated funds and fees remaining to be collected from the property in the area of benefit.
K.
Payment of Fees.
1 Fees shall be paid prior to the recordation of a final subdivision or parcel map except that fees may be paid as described in subdivision 2 of this subsection. Fees paid shall be based on the fee schedule in effect on date of payment.
2. At the option of the subdivider of property within the area of benefit on which a subdivision or parcel map with four lots or lessfewer is recorded, the payment of fees may be deferred to the issuance of a building permit for each approved parcel. 3 If a parcel or lot has been created prior to the adoption of the resolution establishing the area of benefit, the fees shall be paid prior to the issuance of a building permit for each approved parcel or lot.
4. Notwithstanding the provisions of subdivisions 1, 2 and 3 of this subsection, payment of fees shall not be required for the following:
a.
An application for building permit for alteration or enlargement of an existing building or structure;
b.
Accessory buildings and structures, as follows: private garages, barns, children's playhouse, or buildings accessory to one -family or two-family dwellings c.
Outdoor advertising structures;
d.
Wells.
L.
Funds. Fees paid pursuant to this section shall be deposited in a planned bridge facility and/or major thoroughfare fund. A fund shall be established for each planned bridge facility project and/or each planned major thoroughfare project. If the benefit area is one in which more than one bridge and/or major thoroughfare is required to be constructed, a separate fund may be established covering all of the bridge projects and/or major thoroughfares in the benefit area. Moneys in such fund shall be expended solely for the construction or reimbursement for construction of the improvement serving the area to be benefited and from which the fees comprising the fund were collected, or to reimburse the City for the costs of construction of the improvement.
M.
In -lieu Construction. The City Council may approve the acceptance of considerations in lieu of the payment of fees established in this section.
36
N.
Advances. The City Council may approve the advancement of money from the general fund to pay the costs of constructing the major thoroughfare and/or bridge improvements covered in this section and may reimburse the general fund for such advances from the bridge facility and/or major thoroughfare funds established pursuant to subsection L of this section.
O.
Debt Incurred. The City may incur an interest bearing indebtedness for the construction of bridge facilities or major thoroughfares, provided that the sole security for repayment of such indebtedness shall be money in the bridge facility or major thoroughfare funds.
P.
Reimbursement. If a subdivider, as a condition of approval of a subdivision, is required or desires to construct a bridge and/or major thoroughfare, the City Council may enter into a reimbursement agreement with the subdivider. Such agreement may provide for payments to the subdivider from the bridge facility and/or major thoroughfare fund covering that specific project to reimburse the subdivider for costs not allocated to the subdivider's property in the resolution establishing the area of benefit. If the bridge and/or major thoroughfare fund covers more than one project, reimbursement shall be made on a pro rata basis, reflecting the actual or estimated costs of the projects covered by the fund.
(Ord. 63 _ §1, 1986)
SECTION 143. Amendment to Beaumont Municipal Code Chapter 16.60. Chapter 16.60 is hereby amended as follows (new language in red, deletions in strikeout):
Chapter 16.60 - REVERSION TO ACREAGE
16.60.010 - Reversion.
Divided real property may be reverted to acreage pursuant to the provisions of this title and the Subdivision Map Act. Reversion to acreage proceedings may be initiated by the City Council on its own motion, or by petition of all owners of record of real property that is proposed to be reverted to acreage.
(Ord. 547 §15.1, 1983)
16.60.020 - Procedures for filing.
To revert divided lands to acreage, a tentative map shall be filed as follows:
A.
A tract number shall be obtained from the Road CommissionerSurveyor upon payment of the fee, set forth in the ordinance codified in this title, and on file in the City Clerk's Office.
B.
Fifteen copies of the tentative map shall be filed with the Planning DirectorCommunity Development Department Director, accompanied by the fee as set forth in the ordinance codified in this title, and on file in the City Clerk's Office. The fee shall be paid by the owners filing the tentative map, or, if the reversion to acreage is initiated by the Council upon request of the owners of the, property, the fee shall 'be paid by the person making the request to the Council.
C.
The tentative map prepared in the form required by Chapter 16.20 shall show all relevant details of the land division proposed to be reverted, its relationship 'to existing sheets, dedications and adjoining lands, and configurations of the proposed reversion.
D.
37
Proof of ownership of the real property proposed to be reverted to acreage shall be submitted with the tentative map.
(Ord. 547 §15.2, 1983)
16.60.030 - Review of tentative map.
The tentative map shall be distributed by the Planning DirectorCommunity Development Department Director to all interested and affected agencies and utilities. Thereafter, the tentative map shall be considered by the Land Division CommittccDevelomment Review Committee, which committee shall report and recommend to the advisory agency. (Ord. 547 §15.3, 1983)
16.60.040 - Consideration by the advisory agency.
The advisory agency shall consider the report and recommendation of the Land Division Commit:ecDevelopment Review Committee on the tentative map; and shall forward a report and recommendation to the Council for approval, conditional approval or disapproval of the proposed reversion to acreage. A copy of the advisory agency report and recommendations shall be mailed to the applicant or the authorized agent.
(Ord. 5' 7 §15/, _983)
16.60.050 - Consideration by the Council.
A.
After receipt of the report and recommendations of the advisory agency, the Council shall set the matter for public hearing. Notice of the time and place of the public hearing before the Council, including a general description of the location of the property proposed to be reverted to acreage, shall be given at least ten days before the public hearing by publication once in a newspaper of general circulation that is published and circulated in the City.
B.
Divided real property may be reverted to acreage only if the Council finds that:
1 Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and
2. Either:
a.
All owners of an interest in the real property within the land division have consented to the reversion, or
b.
None of the improvements required to be made have been made within two years from the date the final land division map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later, or c.
No lots shown on the final land division map have been sold within five years from the date such map was filed for record.
C.
The following shall be required as conditions to approval of a reversion:
1. 38
Dedications necessary for a logical street pattern for access to any lands not proposed for reversion or as may be necessary for drainage or utilities;
2. Retention of all previously paid fees;
3 Retention of any necessary improvement security or deposit. (Ord. 5/7 §15.5, _983)
SECTION 154. Amendment to Beaumont Municipal Code Chapter 16.61. Chapter 16.61 is hereby amended as follows (new language in red, deletions in strikeout):
16.61.010 - Authority for merger of contiguous parcels.
Notwithstanding Section 16.08.190, except as is otherwise provided for in this Chapter, two or more contiguous parcels or units of land which have been created under the provisions of the Subdivision Map Act, or any prior law regulating the division of land, or a City ordinance enacted pursuant thereto, or which were not subject to those provisions at the time of their creation, shall not be deemed merged by virtue of the fact that the contiguous parcels or units are held by the same owner, and no further proceeding under the provisions of this Chapter shall be required for the purpose of sale, lease, or financing of the contiguous parcels or units, or any of them. (Ord. 677 §1, 1989)
16.61.020 - Owner initiated mergers of contiguous lots or parcels.
The owner of any two or more contiguous lots may request a merger of said lots by filing with the Community Development Director an Application for Owner Initiated Merger and Waiver of Parcel Map, on a form provided by the Community Development Department in conformance with Section 16.64.010 of the Beaumont Municipal Code. The Application shall be processed and the request approved, disapproved and/or appealed in accordance with the provisions of Chapter 16.64 (Lot Line Adjustments) of the Beaumont Municipal Code.
(Ord. 677 §1, 1989)
16.61.030 - City initiated mergers of contiguous lots or parcels.
Pursuant to authority granted by Government Code Sections 66451.10 et seq., the Community Development Department Director shall, by taking the steps outlined in Section 16.61.040, initiate the process to merge into a single parcel any two or more contiguous parcels or units of land including those which have been created pursuant to this Ordinance, the Subdivision Map Act or prior law, Municipal, County or State, which are held by the same owner, prior to any land use approval pursuant to Beaumont Municipal Code Chapters _7.70, 17.80 and/or _ 7.9QTitle 17 or the issuance of any building permits if no land use approval is required, when the following requirements are satisfied:
A.
Anyone or more of the following conditions apply:
1 Anyone of the contiguous parcels or units held by the same owner does not conform to standards set forth in Title 17 for minimum parcel size;
2. One or more of the parcels or units is developed or will be developed with a single structure that is also partially sited on a contiguous parcel or unit;
3. 39
Merger is required by the City as a condition of any land use approval or for the issuance of any permit;
B.
At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.
C.
With respect to any affected parcel, one or more of the following conditions exists:
1 Comprises less than 5,000 square feet in area at the time of the determination of merger.
2. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation.
3 Does not meet current standards for sewage disposal and domestic water supply.
4. Does not meet slope stability standards.
5. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.
6. Its development would create health or safety hazards.
7. Is inconsistent with the General Plan and any applicable specific plan, other than minimum lot Size or density standards.
D.
The contiguous lots were not created by the recording of a Final Map or Parcel Map approved by the City of Beaumont.
(Ord. 677 §1, 1989)
16.61.040 - Notice of intention to determine status.
Prior to recording a notice of merger, the Community Development Department Director shall cause to be mailed by certified mail to the then current record owner of the property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to standards specified in the merger ordinance, and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for Record with the Riverside County Recorder on the date that notice is mailed to the property owner. (Ord. 677 §1, 1989)
16.61.050 - Request for hearing on determination of status.
At any time within 30 days after recording of the notice of intention to determine status, the owner of the affected property may file with the Community Development Department Director a request for a hearing on determination of status.
40
(Ord. 677 §1, 1989)
16.61.060 - Hearing: Time, place, date; notification of owner and procedure.
A.
Upon receiving a request for a hearing on determination of status from the owner of the affected property pursuant to Section 16.61.050, the Community Development Depai ,anent Director shall fix a time, date, and place for a hearing to be conducted by the Planning Commission, and shall notify the property owner of that time, date, and place for the hearing by certified mail.
B.
The hearing shall be conducted not more than 60 days following the Community Development Department Director's receipt of the property owner's request for the hearing; but may be postponed or continued with the mutual consent of the Community Development De Dartment Director and the property owner.
C.
At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in Section 16.61.030.
D.
At the conclusion of the hearing, the Planning Commission shall make a determination that the affected parcels are to be merged or are not to be merged and shall so notify the owner of its determination within ten days of the hearing.
E.
A determination of merger shall be recorded as provided for in Section 16.61.030 within 30 days after conclusion of the hearing or within 30 days after conclusion of the hearing before the City Council if the Planning Commission decision is appealed pursuant to Section 16.61.100. (Ord. 677 §1, 1989)
16.61.070 - Failure to request hearing; determination and time of recordation.
A.
If, within the 30 -day period specified in Section 16.61.050, the owner does not file a request for a hearing in accordance with Section 16.61.060, the Planning Commission may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged.
B.
The determination shall appear as an item on the regularly noticed agenda of the Planning Commission without public hearing.
C.
A determination of merger shall be recorded as provided for in Section 16.61.030 no later than 90 days following the mailing of notice required by Section 16.61.040. (Ord. 677 §1, 1989)
16.61.080 - Determination of non -merger discretionary.
A determination of non -merger may be made pursuant to Section 16.61.060 or 16.61.070 whether or not the affected property meets the standards for merger specified in Section 16.61.030. (Ord. 677 §1, 1989)
16.61.090 - Release of notice of intention to determine status.
If, in accordance with Section 16.61.060 or 16.61.070, the Planning Commission determines that the Subject property shall not be merged, it shall cause to be recorded in the manner specified in Section 16.61.210 a release of the notice of intention to determine status, recorded pursuant to Section 16.61.040, and shall mail a clearance letter to the then current owner of record. (Ord. 677 §1, 1989)
16.61.100 - Appeals.
41
A determination made by the Planning Commission may be appealed to the City Council following procedures outlined in Section 17.70.005(e). A determination on appeal by the City Council shall be final.
(Ord. 677 §1, 1989)
16.61.150 - Non -applicability.
The provisions of this Chapter relating to City initiated mergers shall not apply if one of the following conditions exist:
A.
On or before July 1, 1981, one or more of the contiguous parcels or units of land is enforceably restricted open -space land pursuant to a contract, agreement, scenic restriction, or open -space easement, as defined and set forth in Section 421 of the Revenue and Taxation Code.
B.
On July 1, 1981, one or more of the contiguous parcels or units of land is timberland as defined in subdivision (f) of Section 51104, or is land devoted to an agricultural use as defined in subdivision (b) of Section 51201.
C.
On July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 feet of the site on which an existing commercial mineral resource extraction use is being made, whether or not the extraction is being made pursuant to a use permit issued by the local agency.
D.
On July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 feet of a future commercial mineral extraction site as shown on a plan for which a use permit or other permit authorizing commercial mineral resource extraction has been issued by the local agency.
For purposes of paragraphs C and D of this subdivision, "mineral resource extraction" means gas, oil, hydrocarbon, gravel, or sand extraction, geothermal wells, or other similar commercial mining activity.
(Ord. 677 §1, 1989)
16.61.200 - Time of determination of ownership.
For purposes of determining whether contiguous parcels are held by the same owner under this Chapter, ownership shall be determined as of the date that the notice of intention to determine status is recorded.
(Ord. 677 §1, 1989)
16.61.210 - Notice of merger.
A merger of parcels becomes effective when the Community Development Department Director causes to be filed for Record with the Riverside County Recorder a notice of merger specifying the names of the record owners and particularly describing the real property. (Ord. 677 §1, 1989)
16.61.220 - Forms and fees.
The Community Development Department Director is authorized and directed to prepare application and notice forms to implement the procedures of this Chapter and to determine a fee to be paid by the property owner for services rendered by the City in completing the procedures of this Chapter for each merger initiated, prior to initiation of the procedure. The fee may be waived if the City initiates the procedure and there has been no land use approval or building permit requested by the property owner.
42
(Ord. 677 §1, 1989)
16.61.230 - Conflict with Government Code.
This Ordinance is enacted pursuant to Title 7, Division 2, Chapter 3, Article 1.5 (Section 66451.10 et seq.), Section 66499.20-3/4 and Section 66412(d) of the Government Code. Any conflict between this Chapter and said provisions as amended, shall be resolved by conforming the procedures herein to those required by said provisions. (Ord. 677 §1, 1989)
SECTION 165. Amendment to Beaumont Municipal Code Chapter 16.64. Chapter 16.64 is hereby amended as follows (new language in red, deletions in strikeout):
16.64.010 - Submission of application to Planning DirectorCommunity Development Department Director.
An application for a lot line adjustment shall be made to the Planning DirectorCommunity Development Department Director and shall be accompanied by the items as fo_lowsfollowing items:
A.
The application shall be made on a form provided by the Planning DepartmentCommunity Development Department;
B.
Copies of the current assessor's map page showing the involved parcels and delineating the proposed adjustment;
C.
The fee set forth in the ordinance codified in this title, and on file in the City Clerk's Office; D.
An application for a certificate of compliance as set forth in Section 16.68.020. (Ord. 547 §16._(A), 1983)
16.64.020 - Review and determination of application.
Upon receipt of completed application, the P anning DirectorCommunity Development Department Director shall review the matter and shall then submit the application to the Land Division Commit -eeDevelopment Review Committee at one of its regular meetings for its report and recommendations. Within 50 days after receipt of the completed application, the Panning shall make a final determination as to
whether or not the real property complies with the applicable provisions of the Subdivision Map Act and this title, including the following requirements:
A.
The adjustment involves adjacent parcels;
B.
No new parcels are created;
C.
The parcels involved are not reduced below the zoning development standards applicable to the land.
(Ord. 517 §16._(B), 1983)
16.64.030 - Recordation of certificate of compliance.
The Planning DirectorCommunity Development Department Director shall cause the certificate of compliance to be recorded following the approval of the lot line adjustment. (Ord. 5/7 §_6._(C), 1983)
16.64.040 - Appeal —Decision on appeal.
DirectorCommunity Development Department Director
43
The applicant or any interested party may appeal the decision of the Planning DirectorCommunity on the action to the advisory agency within 15 days after the decision. The appeal shall be filed in the Panning DepartmentCommunity Development Department, stating in writing the basis for the appeal and accompanied by the fee set forth in the ordinance codified in this title, and on file in the City Clerk's Office. All appeals shall be heard by the advisory agency on a date within 30 days after the date of the filing of the appeal. This is not a public hearing. Upon the conclusion of the hearing, the advisory agency shall render its decision on the appeal within 20 days.
(Ord. 547 § _ 6.1(D), _ 983)
Development Department Director
SECTION 176. Amendment to Beaumont Municipal Code Chapter 16.66. Chapter 16.66 is hereby amended as follows (new language in red, deletions in strikeout):
16.66.000 - Authority, purpose, and intent.
This chapter is enacted pursuant to the authority granted by California Government Code section 66477 (the "Quimby Act") which specifically authorizes the City to require dedication of parkland or the payment of fees in -lieu of such dedication in set amounts to meet the needs of the citizens of the community for parkland and to further the health, safety and general welfare of the community. The purpose of this chapter is to establish the procedures for requiring the dedication of land, the payment of fees in -lieu thereof (or a combination of both) to serve new subdivisions in accordance with the requirements of the City's General Plan, and applicable portions of the City of Beaumont Development Fee Impact Fee Study dated September 28, 2017, or any amended or subsequent fee study and the requirements of the Quimby Act. (Ord. No. 1099, § 2(Exh. A), 1-16-2018)
16.66.010 - Definitions.
For the purpose of this chapter, unless otherwise apparent from the context, the following terms, phrases, words, and their derivations shall have the meanings respectively ascribed to them by this section:
"Act" means the Quimby Act, Government Code Section 66477. "Common interest development" means the type of development project defined at section 4000 et seq of the California Civil Code.
"Community park" means a park that generally services an area within a five mile radius and is usually 20 acres or larger. This type of park will generally allow for a greater variety of passive and active recreation opportunities and areas or buildings for community festivals and civic events, as well as for organized indoor sport and athletic competitions. "Dwelling unit" means each single-family dwelling, each dwelling unit in a duplex, apartment house or dwelling, condominium, mobile home unit, and any other place designed, occupied, or intended for occupancy as a separate living quarter by one or more persons for living, sleeping, cooking, and eating.
"Fair market value" means the fair market value of undeveloped residential real property as applicable for the density classifications established by the City Council for the implementation of this chapter.
44
"Neighborhood park" means a park that generally services an area within a one and one-half mile radius and is generally five to ten acres. This type of park is designed for a variety of active and passive recreation opportunities.
"Park" means a parcel or contiguous parcels of land that provides recreational land and facilities for the benefit and enjoyment of the residents and visitors of the City. "Recreational facilities" means those improvements to parks which provide a recreational opportunity for the user, including, but not limited to, ball fields, lighting, swimming pools, tennis courts, picnic shelters, trails, play/tot lots, and community buildings. "Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself herself or for others. "Subdivision" means that definition contained in Government Code Section 66424 and shall include any division of land governed by the provisions of the Subdivision Map Act (commencing with Government Code Section 66410).
(Ord. No. 1099, § 2(Exh. A), 1-16-2018)
16.66.020 - Applicability; exceptions.
A.
Every subdivider who subdivides land for residential purposes shall dedicate a portion of such land, pay a fee, or a combination of both, at the option of the City as set forth in this chapter.
B.
The provisions of this chapter do not apply to industrial and commercial subdivisions, or to condominium projects or stock cooperatives that consist of the subdivision of air space in an existing apaitiiient building that is more than five years old when no new dwelling units are being added.
C.
The provisions of this chapter do not apply to subdivisions containing lessfewer than five parcels and not used for residential purposes; provided however, that a condition may be placed on the approval of a parcel map, that if a building permit is requested for the construction of a residential structure, or structures, on one or more of the parcels, within four years, the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of the permit. (Ord. No. 1099, § 2(Exh. A), 1-16-2018)
16.66.030 - Park acreage standard.
The public interest, convenience, health, welfare, and safety require that 3.35 net acres of useable parkland for each 1,000 persons residing within a subdivision shall be devoted to parks. (Ord. No. 1099, § 2(Exh. A), 1-16-2018)
16.66.040 - Subdivider's notice to dedicate land, pay in -lieu fee, or both.
A.
At the time of filing a tentative tract map or parcel map subject to this ordinance, the subdivider of the property shall indicate whether he or she desires to dedicate property for park and recreational purposes, pay the in -lieu fee or a combination of both dedication and payment.
B.
If the subdivider desires to dedicate land within the subdivision pursuant to this chapter, the location of the land proposed to be dedicated shall be indicated on the map.
C.
If the subdivider desires to dedicate land outside of the subdivision pursuant to this chapter, at the time of filing the tentative tract or parcel map, the subdivider of the property shall submit the following to the City:
1. 45
An environmental assessment for the land proposed to be dedicated prepared in compliance with the California Environmental Quality Act and as required by the Planning DirectorCommunity Development Department Director.
2. A schematic site plan, which shall include but not be limited to, identifying the boundaries of the dedicated land, site access and improvements.
(Ord. No. _099, § 2(Exh. A), _ 16 20.8)
16.66.050 - Dedication of land or payment of fees or a combination of both.
A.
Upon consideration of a tentative parcel map or a tentative tract map involving 50 or fewer parcels, a condition of approval shall be placed on the map that the subdivider shall pay an in -lieu fee for park or recreational purposes pursuant to this chapter.
B.
Upon consideration of a tentative tract map involving more than 50 parcels, a condition of approval shall be placed on the map that the subdivider shall do one of the following:
1 Dedicate land for park or recreational purposes pursuant to this chapter;
2. Pay an in -lieu fee for park or recreational purposes pursuant to this chapter; or 3 Both dedicate land and pay an in -lieu fee for park or recreational purposes pursuant to this chapter.
C.
The Planning DirectorCommunity Development Department Director shall base his or her recommendation under this section upon the following:
1 The requirements of the Quimby Act.
2. The City's General Plan;
3 The topography, geology, access, and location of the land in the subdivision available for dedication;
4. The size and shape of the subdivision and the land available for dedication;
5. The location of existing or proposed park sites and recreational facilities; and
6. The desirability of developing the land proposed for dedication for park and recreational purposes as determined by a schematic site plan submitted by the subdivider.
D.
The determination of the Planning DirectorCommunity Development Department Director as to whether the subdivider shall dedicate land, pay the in -lieu fee or a combination thereof, shall be final and conclusive but may be appealed pursuant to the appeals procedure contained in Section
16.24.060.
(Ord. No. 1099, § 2(Exh. A), _ 16 20.8)
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16.66.060 - Timing, standards, and formula for land dedication; required improvements.
The following shall apply when a subdivider is conditioned to dedicate land pursuant to this chapter.
A.
As condition of approval of a final subdivision tract map or final parcel map, the subdivider shall dedicate all required lands and improvements to the City pursuant to Section 16.66.070. The amount of land to be dedicated by a subdivider shall be determined as follows:
1 The Planning DirectorCommunity Development Department Director shall determine the number of dwelling units per gross acre to be constructed. The City shall determine the average number of persons per dwelling unit, which shall be based upon the average household size for the dwelling units to be constructed, as disclosed by the most recent available Federal census figures.
2. The amount of land to be dedicated shall be computed by multiplying the product of (i) the number of proposed dwelling units, (ii) the average number of persons per dwelling unit within the density classification appropriate for the subdivision in question, and (iii) the park acreage standard of
3.35 net acres per 1,000 residents of the subdivision.
3 The following formula demonstrates the method of calculating the amount of land to be dedicated:
Number of
Dwelling Units
Based on
Proposed Map
x
Average Number
of Persons Per
Dwelling
x
3.35 Acres [per]
1,000 residents of
the subdivision
=
Number of acres to
be dedicated
B.
The conditions of approval for land dedication under this chapter shall be based on the following:
1 The natural features of the area, including the topography and geology;
2. The availability of access;
3 The location;
4. The size and shape of the subdivision;
5. The land available to dedication and the feasibility of dedication;
6. The availability of park sites for acquisition, development, improvement, or rehabilitation, in case land dedication is considered not feasible;
7. The location of existing and proposed park sites;
8. The suitability for patrol, supervision1 and maintenance; and
9. The compatibility of dedication with the City's general plan and other adopted plans pertaining to parks and recreation.
C.
47
When the Planning DirectorCommunity Development Department Director has required the dedication of land pursuant to this chapter, the subdivider shall, without credit, as a further condition of such approval, construct and install the following public improvements within the dedicated land and adjoining public rights -of -way, which are in addition to any parks and recreation facilities and improvements impact fees imposed upon the project:
1 Full street improvements and utility connections including, but not limited to, curbs, gutters, relocation of existing public utility facilities, street paving, traffic control devices, street trees, and sidewalks to the dedicated land.
2. Fencing consistent with City improvement standard along the property lines that are contiguous to the park.
3 Improve the drainage through the park site.
4. Minimal physical improvements, not including recreational facilities, building or equipment, which the City determines are necessary for acceptance of the land for park and recreational purposes.
5. Access from the park and recreational facilities to an existing or proposed public street, unless the city determines that such access is unnecessary for maintenance of the park area or use of the park.
6. Water, sewer, grading,. and drainage improvements, in addition to those grading, drainage, irrigation and planting improvements required under other City ordinances.
7. Any other public improvements that the City determines are necessary in order to make the dedicated land suitable for development as a park or recreation facility. (Ord. No. _099, § 2(Exh. A), _ 16 20.8)
16.66.070 - Dedication of land.
A.
The dedication of land to the City pursuant to this chapter shall be accomplished in accordance with the provisions of the Subdivision Map Act.
B.
Real property dedicated to the City pursuant to the provisions of this chapter shall be:
1 Conveyed by grant deed in fee simple or irrevocably offered for dedication to the City by the subdivider free and clear of all encumbrances, except those which are not monetary liens, those which will not interfere with the use of the property for park and recreational purposes and which the City agrees to accept;
2. Restricted to park and recreational purposes; and
3 Permanently devoted or dedicated to use by the general public, unless a satisfactory substitute is approved by the P anning DirectorCommunity Development Department Director. Where fees are 48
required, they shall be deposited with the City at the time prescribed by Section 16.66.080, paragraph A.
(Ord. No. _099, § 2(Exh. A), " 16 20_8)
16.66.080 - Timing, standards, and formula for payment of in -lieu fee.
The following shall apply when a subdivider is conditioned to pay the in -lieu fee proposed by this chapter.
A.
As a condition of approval of a final subdivision tract map or final parcel map, the subdivider shall pay the full amount of the in -lieu fee.
B.
The amount of the fee the subdivider shall pay shall be determined as follows:
Number of
Dwelling
Average
3.35 Acres per
1,000
Land
Units Based
x
Number of
Total in -
on Proposed
Map
Persons per
Dwelling
the
subdivision
costs per acre
lieu fees
(Ord. No. 1099, § 2(Exh. A), 1-16-2018)
16.66.090 - Timing, standards, and formula for combination of dedication of land and payment of in -lieu fee for subdivisions of 50 or more parcels.
When only a portion of the land needed to satisfy the dedication requirement meets the minimum park standards and is acceptable to the City as a park site and is located within the proposed subdivision, such portion shall be dedicated for park purposes and a fee, computed pursuant to Section 16.66.080 shall be paid for the additional land that would have been required to be dedicated pursuant to Section 16.66.070.
(Ord. No. 1099, § 2(Exh. A), 1-16-2018)
16.66.100 - Use of dedicated land and in -lieu fees; development schedule.
A.
Land dedicated to and accepted by the City pursuant to this chapter shall be used for the purpose of developing parks and recreational facilities which serve the residents of the subdivision in accordance with a development schedule adopted by the City Council. Said schedule shall specify how and when such land will be used for the development of neighborhood or community park facilities.
B.
In -lieu fees paid pursuant to this chapter shall be used for the acquisition of land suitable for park and/or recreational use and the development of new and existing park and recreational facilities. (Ord. No. 1099, § 2(Exh. A), 1-16-2018)
16.66.110 - Refunds.
Fees paid to the City and deposited into the park acquisition and development fund shall be committed within five years after payment of such fees or the issuance of building permits on one- half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they shall be distributed and paid without any deductions to the then record owners of the subdivision in the same proportion as the size of their lot bears to the total area of all lots within the subdivision.
(Ord. No. 1099, § 2(Exh. A), 1-16-2018)
16.66.120 - Disposition of proceeds —Fund created.
A.
49
All proceeds from the fees collected under this chapter shall be paid into a special fund of the City entitled "Park Acquisition and Development Fund" which fund is hereby created. All sums collected pursuant to the provisions of this chapter, together with any interest income earned thereon, shall be used only for the purpose of acquiring, building, improving, expanding and/or developing City parks in accordance with the requirements of this chapter.
B.
In the event that bonds or similar debt instruments are issued for the advanced provision of park and recreational facilities for which in -lieu fees may be expended, such fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type to which the fees involved relate.
C.
Funds may be used to provide refunds as described in Section 16.66.110.
D.
The Director of Finance shall maintain records specifically identifying the origin of the funds used for any project or improvement funded, in whole or in part, by the Park Acquisition and Development Fund. Such records shall enable the Director of Finance to trace the fees from new residential subdivisions to specific projects funded by each subdivision. Any interest accruing on account of time deposit of the fund, or otherwise, shall be deposited to the credit of the fund.
E.
Upon receipt of a written application from the Planning DirectorCommunity Development Department Director for disbursement of monies from the Park Acquisition and Development Fund on account of expenditures made or proposed for the benefit or use of parks or recreational facilities, the Director of Finance shall immediately advise the City Manager (or his or her designee) and provide him or her with copies of any accompanying documents or papers that might have been submitted in support of the application. Within ten days after receipt of such notice, the City Manager shall advise the Director of Finance whether the disbursement made or proposed is consistent with this chapter. If the City Manager fails to so certify within ten days, it shall be presumed that he or she has made a positive fording therein. Within five days thereafter, the Director of Finance shall, if a positive finding has been made or presumed, approve payment as requested.
(Ord. No. _099, § 2(Exh. A), _ _6 201S)
16.66.130 - Controlling state law.
The provisions of this chapter and any resolution adopted pursuant hereto shall at all times be subject and subordinate to the provisions of the Quimby Act, as the same presently exists or may hereafter be amended from time to time, to the extent the same are applicable. In the event of any conflict between the provisions of this chapter and state law, the latter shall control. (Ord. No. 1099, § 2(Exh. A), 1-16-2018)
16.66.140 - Implementation of dedications and fees.
The fees and dedications required by this Chapter shall be implemented by the City Council through the adoption of an appropriate resolution.
(Ord. No. 1099, § 2(Exh. A), 1-16-2018)
SECTION 187. Amendment to Beaumont Municipal Code Chapter 16.68. Chapter 16.68 is hereby amended as follows (new language in red, deletions in strikeout):
50
Chapter 16.68 - ENFORCEMENT AND PENALTIES
16.68.010 - Denial of permits.
No building permit, grading permit or any other permit or approval necessary to develop real property shall be granted or issued for any parcel of real property which has been divided, or which has resulted from a division, in violation of the provisions of the Subdivision Map Act or this title that were applicable at the time such division occurred, unless the Planning Direc-orCommunity Development Department Director, as provided in this title, and on file in the City Clerk's Office, finds that development of such real property is not contrary to the public health, welfare or safety.
A permit or approval shall be denied whether the applicant was the owner of the real property at the time of the violation or whether the applicant is the current owner of the real property with, or without, actual or constructive knowledge of the violation at the time of acquisition of the real property. Whenever a permit or approval is sought to develop such real property, the department from which the permit is sought shall notify the applicant that the permit cannot be granted because of the illegal division of land, and the Panning DirectorCommunity Development Department Director for a determination as to whether the development of the property would not be contrary to public health or safety and for the possible issuance of the certificate of compliance. (Ord. 547 §_8._, 983)
16.68.020 - Certificate of compliance.
A.
Application. Any owner of real property, including owners denied a permit, may file an application for certificate of compliance. Application for a certificate shall be made to the P anning DirectorCommunity Development Department Director, accompanied by the fees set out in the ordinance, codified in this title, and on file in the City Clerk's Office, as follows:
1 A map shall be submitted, drawn on a form provided by the Planning DepartmentCommunity Development Department. The map shall be legibly drawn, in ink, to an engineer's scale, with the scale shown on the map. It shall show the subject property with dimensions and the gross and net area, and it shall show the location, width and names of all streets and roads adjacent to land providing access to the property.
2. The map shall show the location and use of all structures on the property, with the distances from the structures to the parcel boundaries and distances between structures and all existing utilities and easements.
3 A small scale vicinity map shall be shown with distances (in feet or tenths of a mile) to the nearest street intersections.
4. The map shall show the name, address, telephone number, and signature of the current owner of the property.
5. The map shall show the current zoning on the property and the current assessor's parcel number.
6. The application shall also include:
a.
A legible copy of the current owner's grant deed or contract of sale; b.
51
A map and copies of deeds of all other property owned by the applicant that is contiguous to the subject real property.
c.
Documentation of recorded access to the subject property unless abutting a public street. d.
A legal description for the subject property to be typed on plain white paper, eight and one-half inches by 11 inches, with one -inch margins at the top, sides and bottom. This legal description shall be reproducible so as to yield a legible copy that can be used as a part of a recorded certificate of compliance.
e.
A lot book report that shows transactions of the subject property for the previous four years.
B.
Processing. Upon receipt of a completed application, the Planning DirectorCommunity Development Department Director shall review the matter and shall then submit the application to the Land Division Commit`ceDevelo 3ment Review Committee at one of its regular meetings for its report and recommendations. Within 50 days after receipt of the completed application, the Panning DirectorCommunity Development Department Director shall make a final determination as to whether or not the real property complies with the applicable provisions of the Subdivision Map Act and this title, or whether the proposed development of the real property can be approved as not contrary to the public health, welfare and safety.
C.
Issuance.
1. If the Panning DirectorCommunity Development Department Director determines that the real property was divided in compliance with the provisions of the Subdivision Map Act and this title that were applicable at the time the property was divided, he shall cause a certificate of compliance to be filed for record with the County Recorder.
2. If the Planning DirectorCommunity Development Department Director determines that the property was illegally divided, but that a proposed development may be approved as being not contrary to the public health, welfare or safety, he may issue a certificate of compliance, which certificate may be contingent upon the completion of specified conditions. The Panning DirectorCommunity Development Department Director may impose, as conditions, any requirements that would have been applicable to the division of property at the time the current owner of record acquired the property.
a.
When the Planning DirectorCommunity Development Department Director imposes conditions, he shall file for record with the County Recorder a conditional certificate of compliance. b.
The conditions may be fulfilled and implemented by the owner who has applied for the certificate of compliance or any subsequent owner.
c.
Compliance with such conditions shall not be required until such time as a permit or other grant of approval for the development or use of the property is issued by the City unless the property is 52
thereafter included as a part of a legal division of the property pursuant to the provisions of this title.
d.
Upon completion of the conditions, the owner shall notify the Panning DirectorCommunity Development Department Director. If the conditions are satisfactorily completed, the Planning DirectorCommunity Development Department Director shall then issue and record a final certificate of compliance.
D.
Ineligible. A person that has caused land to be illegally divided shall not be eligible to file for a certificate of compliance for such land, but shall, instead, be required to file an application for a land division pursuant to the provisions of this title.
E.
Appeal to Planning Commission. The decision of the Panning DirectorCommunity Development Department Director regarding a certificate of compliance may be appealed to the Planning Commission within ten calendar days after the date of the decision by the Panning DirectorCommunity Development Department Director. Upon receipt of a completed appeal, the Panning DirectorCommunity Development Department Director shall set the matter for hearing before the Planning Commission, not less than 15 days nor more than 60 days thereafter, and shall give written notice of the hearing, by mail, to the appellant. The Planning Commission shall render its decision within 30 days following the close of the hearing on the appeal, and a copy thereof shall be mailed to the appellant.
(Ord. 547 §18.2, _983)
16.68.030 - Notice of violation.
Whenever the Panning DirectorCommunity Development Department Director has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or of this title, he shall cause to be filed for record with the County Recorder notice of intention to record a notice of violation, describing the real property in detail, naming the owners thereof, describing the violation and stating that an opportunity will be given to the owner to present evidence. Upon recording a notice of intention to record a violation, the Planning DirectorCommunity Development Department Director shall mail a copy of such notice, by certified mail, to the owner of such property. The notice shall specify a time, date and place at which the owner may present evidence to the advisory agency why such notice should not be recorded. If, after the owner has presented evidence, it is determined that there has been no violation, the Planning DirectorCommunity Development Department Director shall file a release of the notice of intention to record a notice of violation with the County Recorder. If, after the owner has presented evidence, the advisory agency determines that the property has, in fact, been illegally divided, or if within 60 days of receipt by the owner of the involved real property of a copy of the notice of intention to record a notice of violation, the owner of the real property fails to inform the advisory agency as to why the involved real property has not been illegally divided, the advisory agency shall record the notice of violation with the County Recorder. The notice of intention to record a notice of violation and the notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. The County Recorder shall index the names of the fee owners in the general index. (Ord. 547 §18.3, _983)
16.68.040 - Prohibition.
A.
No person shall offer to sell, or lease, to contract to sell, or lease, to sell or lease, or to fmance any parcel or parcels of real property or commence construction of any building for sale, lease or 53
financing thereof, or allow occupancy thereof, for which a final subdivision map is required by this title, except model homes, until such map thereof, in full compliance with the provisions of this title, has been filed for record by the Recorder.
B.
No person shall sell, lease or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, or allow occupancy thereof, for which a final parcel map is required by this title, except model homes, until such map thereof in full compliance with the provisions of this title has been filed for record by the Recorder.
C.
Conveyances of any part of a division of real property for which a final subdivision or parcel map is required by this title, shall not be made by parcel or block number, initial or other designation until such map has been filed for record by the Recorder.
D.
This section does not apply to any parcel or parcel of a division offered for sale, lease, or finance, contracted for sale, lease or finance, sold, leased, or financed in compliance with or exempt from this title at the time the land division was established.
E.
Nothing contained in subsections A and B of this section shall be deemed to prohibit an offer or contract to sell, lease or finance real property or to construct improvements thereon where such sale, ease or financing, or the commencement of such construction, is expressly conditioned upon the approval and filing of a final subdivision map or parcel map, as required under this division.
F.
Nothing in this section shall in any way modify or affect the provisions of Section 11018.2 of the Business and Professions Code.
(Ord. 547 §18.4, 1983)
16.68.050 - Violation —Penalty.
Any person violating any of the provisions of this title shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed $500.00 or by imprisonment in the County Jail for a term not exceeding six months, or by both such fine and imprisonment.
(Ord. 547 §18.5, 1983)
16.68.060 - Cumulative penalties.
All remedies provided for in this title shall be cumulative and not exclusive. The conviction and punishment of any person under this title shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures,. or improvements, nor prevent the enforced correction or removal thereof. (Ord. 547 §18.6, 1983)
SECTION 19. 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 become final and effective thirty (30) days after the adoption of this Ordinance by the City Council.
54
SECTION 20. Certification. The City Clerk shall certify the introduction and adoption of this Ordinance.
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 3rd day of February 2026, 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 17th day of February 2026.
AYES:
NOES:
ABSENT:
ABSTAIN:
Jessica Voigt, Mayor
Attest:
Nicole Wheelwright, Deputy City Clerk
Approved as to form:
John Pinkney, City Attorney
55
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, AMENDING TITLE 16 OF THE BEAUMONT MUNICIPAL CODE ENTITLED SUBDIVISIONS INCLUDING AMENDMENTS TO CHAPTER 16.04, SECTION 16.04.020 TO CLARIFY THAT THE PLANNING COMMISSION HAS THE
AUTHORITY TO APPROVE TENTATIVE MAPS AND THE CITY COUNCIL HAS THE AUTHORITY TO APPROVE FINAL MAPS; AMENDMENTS TO SECTION 16.04.030
TO UPDATE THE NAME AND REPRESENTATIVES THAT MAKE UP THE DESIGN REVIEW COMMITTEE, AMENDMENTS TO CHAPTER 16.08 TO UPDATE AND ADD CERTAIN DEFINITIONS, AMENDMENTS TO CHAPTER 16.24 TENTATIVE MAPS - PROCESSING, AND AMENDMENTS TO CHAPTERS 16.16, 16.32, 16.36, 16.40, 16.60,
16.61, 16.64, 16.66, AND 16.68 TO MAKE NON -SUBSTANTIVE HOUSEKEEPING
CHANGES
WHEREAS, The City Council is responsible for implementing the Subdivision Map Act (Government Code § 66410 et seq.), which requires local agencies to adopt procedures governing the review and approval of subdivision maps; and
WHEREAS, Title 16, Chapter 16.04, Section 16.04.020, is being amended to clarify that the Planning Commission has the authority to approve tentative maps, and the City Council has the authority to approve final maps. In addition, Chapter 16.04, Section 16.04.030, is being amended to update the name and representatives that make up the Design Review Committee; and WHEREAS, Title 16, Chapter 16.08 — Definitions, is being amended to update and add certain defmitions; and
WHEREAS, Title 16, Chapter 16.24 — Tentative Maps, establishes local regulations for processing tentative maps. Chapter 16.24 is being amended to streamline the application process, reduce ambiguity in the Code, and improve public understanding of the review and approval process; and
WHEREAS, Title 16, Chapters 16.16, 16.32, 16.36, 16.40, 16.60, 16.61, 16.64, 16.66, and
16.68, are being amended to make non -substantive housekeeping changes to ensure that the Code is accurate and up to date.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The recitals reflected above are true and correct and incorporated herein by this reference as the cause, purpose, and foundation for the action taken by the City Council through this Ordinance.
SECTION 2. CEQA. The City Council finds that the actions contemplated by the adoption of this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and therefore is not subject to CEQA pursuant to section 15060(c)(2) of the CEQA Guidelines. The activity is not a "project" as defined in section 15378 because it has no potential 1
for resulting in physical change to the environment, directly or indirectly, pursuant to section 15060(c)(3). In addition, the actions contemplated by the adoption of 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 3. 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 4. 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 5. Findings. The City Council hereby finds that the City is responsible for implementing the State Subdivision Map Act (Government Code §66410 et seq.), which requires local agencies to adopt procedures governing the review and approval of subdivision maps.
Certain portions of Title 16 lack clarity regarding procedural steps, timelines, and decision -making authority, and therefore, the proposed updates are necessary to provide consistency with the Map Act, ensure transparency for applicants, confirm that the Beaumont Planning Commission is the designated decision -making authority on tentative subdivision maps unless otherwise specified by state law, and to make non -substantive housekeeping changes to ensure the Code is accurate and up to date.
SECTION 6. Approval. The City Council hereby approves Ordinance amending the City of Beaumont Municipal Code as set forth below.
SECTION 7. Amendment of Beaumont Municipal Code Chapter 16.04. Chapter 16.04 is hereby amended as follows (new language in red, deletions in strikeout):
16.04.010 - Authority.
A.
This title is adopted pursuant to the provisions of the Subdivision Map Act of 1975 with current amendments.
2
B.
All land divisions in the incorporated area of the City, as defined in this title, are subject to all of the applicable provisions of the Subdivision Map Act and this title.
C.
The provisions of this title are adopted to promote orderly growth and development of the City; to protect existing and future citizen rights; to develop a harmonious and workable relationship between the citizens of the City, employees of the City and applicants for land division; and to provide a means whereby the process, from submission to approval, is completed in a minimum time frame.
(Ord. 547 §1.1, 1983)
16.04.020 - Advisory agency.
The City Planning Commission is designated as the "advisory agency" charged with the duty of making investigations and reports on the design and improvement of all proposed parcel maps, land divisions, and tentative subdivision maps in the City. The Planning Commission is authorized to conditionally approve or disapprove all tentative parcel maps and tentative subdivision maps and land divisions. The Planning Commission is authorized to submit its recommendation on a final map to the City Council for consideration. The City Council is the approving authority for all final maps.
16.04.030 - Development Review Committee.
There is created a Development Review Committee to act in an advisory capacity for all land divisions to the designated advisory agencies.
A.
The Development Review Committee shall consist of representatives from the following departments and districts:
1 Community Development Department;
2. Economic Development Department;
3 Parks and Recreation Department;
4. Public Works Department;
5. Riverside County Flood Control and Water Conservation District;
6. Fire Department;
7. Finance Department;
8. Police Department:
9. Transit Department;
10. Wastewater Department;
11. Beaumont -Cherry Valley Water District;
12. Beaumont Unified School District.
B.
A representative from the Community Development Department shall be the chair and shall coordinate recommendations from the other departments and districts. 3
C.
The Development Review Committee shall consider all land division maps and report its fmdings and recommendations on subdivision maps and parcel maps to the advisory agency that has jurisdiction over the map.
D.
The Development Review Committee shall meet at least once each month and shall hold such additional meetings as may be required.
16.04.040 - Appeal Board.
The City Council is established as the Appeal Board to which the land divider or any interested person may appeal from any action of the advisory agency with respect to tentative parcel maps and tentative subdivision maps.
SECTION 8. Amendment to Beaumont Municipal Code Chapter 16.08. Chapter 16.08 is hereby amended as follows (new language in red, deletions in strikeout):
Chapter 16.08 - DEFINITIONS
I. - GENERAL DEFINITIONS
16.08.010 - Generally.
In this title, unless the context otherwise requires, the words set out in this chapter shall have the meanings set out in Sections 16.08.020 through 16.08.570.
16.08.020 - Advisory agency.
"Advisory agency" means the Planning Commission for all tentative subdivision maps, including parcel maps.
(Ord. 547 §2.1(A), 1983)
16.08.030 - Building Official.
"Building Official" means the Director of Building and Safety of the City or designee.
16.08.040 - City Engineer.
"City Engineer" means the Engineer of the City or designee.
16.08.050 - Community Development Director.
"Community Development Director" means the Director of the Community Development Depai tiuent of the City or designee.16.08.060 - Department of Transportation. "Department of Transportation" means the Department of Transportation of the State or designee.
16.08.070 - Flood Control Engineer.
"Flood Control Engineer" means the Chief Engineer of the Riverside County Flood Control and Water Conservation District or designee.
16.08.080 - Health Officer.
"Health Officer" means the Health Officer of the County or designee.
16.08.090 - Land use ordinance.
"Land use ordinance" means the ordinance codified in Title 17 of this Code.
16.08.100 - Public Works Director.
"Public Works Director" means the Director of Public Works of the City or designee. 4
16.08.110 - Recorder.
"Recorder" means the Recorder of the County.
(Ord. 547 §2.1(J), 1983)
16.08.120 - Staff.
"Staff' means the employees of the City of Beaumont.
16.08.130 - Surveyor.
"Surveyor" means the surveyor of the County of Riverside or designee.
II. - TECHNICAL DEFINITIONS
16.08.140 - Contiguous units.
"Contiguous units" means adjacent parcels of land which shall be considered contiguous even if separated by roads, streets, utility easements, or railroad rights -of -way. (Ord. 547 §2.2(A), 1983)
16.08.150 - Design.
"Design" means:
A.
Street alignments, grades, and widths;
B.
Drainage and sanitary facilities and utilities, including alignments and grades thereof; C.
Location and size of all required easements and rights -of -way; D.
Fire roads and firebreaks;
E.
Lot size and configuration;
F.
Traffic access;
G.
Grading;
H.
Land to be dedicated for park or recreational purposes; I.
Such other specific requirements in the plan and configuration of the entire land division as may be necessary or convenient to ensure conformity with or implementation of the general plan of the City or any adopted specific plan.
16.08.160 - General plan.
"General plan" means the general plan of the City including the elements thereof, as required by Section 65300 et seq. of the Government Code as adopted by the City Council. (Ord. 547 §2.2(C), 1983)
16.08.170 - Improvement.
"Improvement" means such street work, surveys and monuments and utilities to be installed, or agreed to be installed, by the land divider on the land to be used for public or private street, highways, ways, and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic needs as a condition precedent to the approval and acceptance of the final map thereof. "Improvement" also means such other specific improvements 5
or types of improvements, the installation of which, either by the land divider, by public agencies, by private utilities, by any other entity or by any combination thereof, is necessary or convenient to insure conformity and implementation of the conditions of approval of the tentative map and the general plan of the City and any adopted specific plan. (Ord. 547 §2.2(E), 1983)
16.08.180 - Improvement standards.
"Improvement standards" means the standards set forth in the ordinance codified in this title and other ordinances related to the development of land as a subdivision or parcel map division. (Ord. 547 §2.2(F), 1983)
16.08.190 - Land division.
"Land division" means both subdivision and parcel map divisions of land as defined in this section:
A.
"Subdivision" means the division of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, gift or financing, whether immediate or future, except the land divisions described in subsection B of this section shall qualify as parcel map divisions.
B.
"Parcel map division" means the division of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, gift, or financing, whether immediate or future, if any of the following conditions prevail:
1 The land is divided into four or fewer parcels;
2. The whole parcel before division contains fewer than five acres, each parcel created by the division abuts upon a fully improved maintained public street or highway, and no dedication or improvements as normally required under this title are required for the land division; 3 Each parcel created by the land division has a gross area of not fewer than 20 acres up to 40 acres and each parcel has an approved access to a maintained public street or highway;
4. The land consists of a parcel or parcels of land having approved access to a public street or highway; is part of a tract of land zoned for industrial or commercial development; and is approved as to street alignment and width;
5. Each parcel created by the "land division" has a gross area of 40 acres and more, or each of which is not less than a quarter of a quarter section.
B.
"Land division" does not include:
1 The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, or trailer parks;
2. Agricultural, gas, oil, or mineral leases;
6
3 Land dedicated for cemetery purposes under the California Health and Safety Code;
4. The division of land caused by the acquisition of a property interest by a public utility for operating public utility purposes, or the conveyance of land by a public utility to a contiguous ownership;
5. A lot line adjustment solely for the purpose of increasing or adjusting the size of an adjacent lot or parcel; provided, that the lot line adjustment does not reduce the original parcels below the zoning development standards applicable to the land, no additional parcels are created and the adjustment is approved by the Community Development Director in accordance with Section 16.68.010.
16.08.200 - Land project.
"Land project" means a land division as defined in Section 11000.5 of the Business and Professions Code.
(Ord. 547 §2.2(G), 1983)
16.08.210 - Minor change.
"Minor change" means a modification of an approved tentative map that involves a change of lot lines, lot shape, lot dimensions, street alignment width or grade, grading proposals or other elements that do not change the basic design or improvements required in the approved tentative map and the conditions thereof.
(Ord. 547 § 2.2(H), 1983)
16.08.220 - Planned residential development.
"Planned residential development" means residential development including, but not limited to, statutory and non -statutory condominiums, cluster housing, townhouses and community apai nients, that is permitted reduced lot area, width and depth requirements and building setback requirements, by integrating into the overall development open space and outdoor recreational facilities, and which may include recreational and public assembly buildings intended for the use of the residents of the project, within the development. (Ord. 547 §2.2(M), 1983)
16.08.230 - Public access.
"Public access" means:
A.
A dedication to public use to the City, or to the County to the required width for road purposes.
B.
A permanent written easement for road purposes to the required width from the State or Federal Government.
C.
An access road as defined in this title that has been open to the public without posting for five years or more, provided adequate evidence thereof is submitted to and approved by the City Engineer.
(Ord. 547 §2.2(L), 1983)
16.08.240 - Revised tentative map.
"Revised tentative map" means a modification of an approved tentative map wherein the design of the land division is changed from the approved tentative map, but there is no substantial change in concept from the original approved map.
(Ord. 547 §2.2(I), 1983)
7
16.08.250 - Specific Plan.
"Specific plan" means a plan adopted by the Council that is based upon the general plan of the City, as provided in Section 65450 et seq. of the Government Code.
16.08.260 - Storm frequency of one in 100 years.
"Storm frequency of one in 100 years" means a storm that will probably be equaled or exceeded on the average of once every 100 years. It does not follow, however, that such a storm will be equaled or exceeded once in every 100 -year period, or that, having occurred once, it will not occur again for 100 years. It may occur several times in a 100 -year period but over a sufficient length of time the average is expected to be once in 100 years.
(Ord. 547 §2.2(K), 1983)
III. - STREET AND HIGHWAY DEFINITIONS
16.08.270 - Access road.
"Access road" means a road with a minimum right-of-way of 60 feet, or a part-time street having a minimum right-of-way of 40 feet, which provides access to a division of land from an existing maintained highway. If the land division is a parcel map creating four or fewer parcels, the minimum right-of-way for a part -width street may be reduced to 30 feet. Use of an access road for new land divisions is permitted only where there is a reasonable probability of full road improvements being made in the foreseeable future.
(Ord. 547 §2.3(A)(10), 1983)
16.08.280 - Alley.
"Alley" means a secondary means of access to the rear or side of the property, not intended for general traffic circulation or primary access to any lot or parcel of land or dwelling and the minimum right-of-way width shall be 20 feet.
(Ord. 547 §2.3(A)(11), 1983)
16.08.290 - Arterial highway.
"Arterial highway" means a divided highway primarily for through traffic to which access from abutting property shall be kept at a minimum. Intersections with other streets or highways shall be limited to approximately one -quarter mile intervals. Minimum rights -of -way width shall be 110 feet.
(Ord. 547 §2.3(A)(3), 1983)
16.08.300 - Barrier strip.
"Barrier strip" means a strip of land one foot or more in width dedicated to the City for street purposes and access control at the end of a dead-end street or along the side of a part -width dedicated street or other public right-of-way.
(Ord. 547 §2.3(B)(1), 1983)
16.08.310 - Bicycle way.
"Bicycle way" means an area either within or outside the right-of-way of a dedicated street where bicycle travel is the designated use.
(Ord. 547 §2.3(B)(2), 1983)
16.08.320 - Collector street.
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"Collector street"means a street which is intended to serve intensive residential land use, multiple - family dwellings, or to convey traffic through a subdivision to roads of equal capacity or greater.
Minimum right-of-way width shall be 66 feet.
(Ord. 547 §2.3(A)(6), 1983)
16.08.330 - Cul-de-sac street.
"Cul-de-sac" means a road open at one end only, with special provisions for turning around and which may be further extended in adjoining property.
(Ord. 547 §2.3(A)(13), 1983)
16.08.340 - Dead-end street.
"Dead-end street" means open at one end only, without provisions for turning around and which may be further extended in adjoining property.
(Ord. 547 §2.3(A)(14), 1983)
16.08.350 - Downtown street.
"Downtown street" means streets serving the Beaumont Downtown Area Plan.
16.08.360 - Expressway.
"Expressway" means a highway for through traffic to which access from abutting property is restricted. Intersections with other streets or highways shall be limited to approximately one-half mile intervals.
16.08.370 - Freeway.
"Freeway" means a highway upon which the abutter's rights of access is controlled, and which provides separated grades at intersecting streets.
16.08.380 - Frontage road or service road.
"Frontage road or service road" means a local street auxiliary to and adjacent to freeways, expressways, arterial highways, major highways, and secondary highways. Minimum right-of-way width shall be 52 feet.
16.08.390 - General local street.
"General local street" means a through street serving 100 or more single-family lots with at least one end terminating at a road of greater capacity. Minimum right-of-way width shall be 60 feet.
16.08.400 - Golf cart way. "Golf cart way" means an area either within or outside the right-of- way of a dedicated street where golf cart travel is a permitted use.
16.08.410 - Highway or street.
"Highway" or "street" means a right-of-way within which improvements are constructed for the conveyance of vehicular traffic and includes all highways, streets, roads, and alleys. Said rights - of -way and improvements shall be in conformity with City Engineering Department Standards and Specifications as set forth in Resolution No. 1980-35.
16.08.420 - Major highway.
"Major highway" means a highway intended to serve property zoned for major industrial and commercial uses, or to serve through traffic. Intersections with other streets or highways shall be limited to approximately one -eighth mile intervals. Minimum rights -of -way width shall be 100 feet.
16.08.430 - Median.
"Median" means that portion of a divided highway separating the traveled way for traffic in opposite directions.
16.08.440 - Multilane demand.
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"Multilane demand" means that projected traffic volume will exceed the nominal capacity of a two-lane street section when such projected traffic volume is determined by a rational method of traffic generation employing land use techniques and traffic engineering principles.
16.08.450 - Outer separation.
"Outer separation" means the area between the traveled way of a highway for through traffic and a frontage road or service road.
16.08.460 - Part -width street.
"Part -width street" means any street, the improved width of which, is less than the width necessary for a normal full -width street.
16.08.470 - Pedestrian way/sidewalk.
"Pedestrian way/sidewalk" means a right-of-way designed for use by pedestrians and not intended for use by motor vehicles of any kind. A pedestrian way may be located within or without a street right-of-way.
16.08.480 - Private street.
"Private street" means a street for which access control is permitted by land division design, posting or gating.
16.08.490 - Restricted local street.
'Restricted local street" means a local street where, due to unusual conditions, it is impractical to provide for a wider right-of-way. Minimum right-of-way width shall be 50 feet.
16.08.500 - Right-of-way.
"Right-of-way" means the entire width of property for the use of highways, flood and drainage works, overhead and underground utilities, or any related improvements.
16.08.510 - Roadside strip.
"Roadside strip" means the area adjoining the outer edge of the roadbed, extending to the right-of- way line in which sidewalks, plantings, utilities, bank slopes, and related facilities may be located.
16.08.520 - Roadway.
"Roadway" means that portion of the highway including roadbed, all slopes, side ditches, channel, waterways, and all other related facilities which are located within a road right-of-way.
16.08.530 - Roadbed.
"Roadbed" means that portion of the roadway extending from curb face to curb face or to outside line of improved shoulders. Divided highways shall be considered as having two roadbeds.
16.08.540 - Secondary frontage.
"Secondary frontage" means frontage for streets similar to arterial roadways for lower speeds and reduced right-of-way to reflect adjacent land uses.
16.08.550 - Secondary street.
"Secondary street" means a street intended to serve property zoned for multiple residential, secondary, industrial, or commercial uses, or to serve through traffic. Minimum right-of-way width shall be 88 feet.
16.08.560 - Short local street.
"Short local street" means a residential street limited by subdivision design to serve fewer than 100 single-family dwellings. Minimum right-of-way width shall be 60 feet.
16.08.570 - Traveled way.
"Traveled way" means that portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.
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