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 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. 2
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.
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 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. 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.
C.
The Development 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 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. 4
16.08.040 - City Engineer.
"City Engineer" means the Engineer of the City or designee.
16.08.050 - Community Development Department Director.
"Community Development Department Director" means the Director of the Community Development Department 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.
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 City of Beaumont.
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;
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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 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. 6
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;
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 Department 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 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)
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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)
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.
8
"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.
"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. 9
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.
"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.
10
"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.
16.08340 - 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.
SECTION 9. 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 County of Riverside. 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 County of Riverside and the Surveyor 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 County of Riverside and the Surveyor.
E.
When a number has been assigned by the County of Riverside 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 County of Riverside.
F.
The County of Riverside 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.
16.16.020 - Preliminary corner stakes.
11
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 Community Development Department 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.
16.16.040 - Division of land.
A.
No person shall make any land division, as defined in this title, of real property 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.
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 Community Development Department staff.
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)
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SECTION 10. 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 Community Development Department 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. Maps shall be drawn to an engineer's scale appropriate to clearly present necessary details.
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 (CEQA) 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 Community Development Depailinent 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.
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.
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 application, the Community Development Depailinent Director or designee shall determine completeness pursuant to Government Code §65943. Written notification shall be provided to the applicant identifying completeness or required corrections.
16.24.030 - Map distribution.
13
Upon the actual filing of the tentative map with the Community Development Department 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;
D.
The Flood Control District or person designated who will perform flood control and drainage studies;
E.
Any City, Community Services District, school, or other authorized district requesting a copy; F.
Any utility purveyor serving the area with its facilities; G.
Any others as may be appropriate.
16.24.040 - Review by Development 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 Development 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.
Upon the completion of its review, the Development 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 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.
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 as otherwise noted below, an appeal is filed or authority is otherwise mandated by state law.
B.
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Findings Required. Prior to approving, conditionally approving, or denying a tentative map, the Commission shall make findings required by the Subdivision Map Act and this title.
1. Prior to recommendation of approval of a tentative map proposing abandonment, removal, or vacation of a public right-of-way, the planning commission shall report that the proposed vacation is consistent with the Beaumont General Plan pursuant to Government Code Sections 65402 and 66473.5.
2 . In making this determination, the planning commission shall consider, at minimum:
a . Consistency with the Beaumont General Plan Mobility Element, including roadway classification, connectivity, and traffic flow;
b . Impacts to emergency vehicle access and public safety; c . Impacts to public utilities and infrastructure corridors; d . Consistency with pedestrian, bicycle, and multimodal access policies; e . Long-term public access needs and future planned improvements; and f . Whether the right-of-way is necessary for present or prospective public use. 3 . If the planning commission cannot make the required general plan consistency finding, it shall require modification of the proposal or recommend denial of the tentative map. a . The Planning Commission shall adopt a resolution and action on the tentative map shall constitute a recommendation to the city council when a variance or an abandonment, removal, or vacation of public right-of-way is involved. i . The City Council retains exclusive authority to approve, conditionally approve, or deny tentative maps requesting variances or the abandonment, removal, or vacation of any public right-of-way and may condition approval of the vacation upon reservation of public service easements, public access easements, utility easements, or other rights deemed necessary to protect the public interest pursuant to the Streets and Highway Code.
If the City council denies or disapproves the proposed variance or abandonment, removal, or vacation, the tentative map shall be deemed denied or disapproved unless revised to eliminate the need for proposed variance, abandonment, removal, or vacation.
C.
Conditions of Approval. Conditions may be imposed to ensure compliance with the general plan, municipal code, Streets and Highway Code and the California Subdivision 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 and report its actions directly to the land divider and his authorized agent.
E.
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 finds that the proposed land division complies with the requirements as to:
15
1. Area;
2. Improvement and design;
3 Flood water drainage control;
4. Appropriate improved public roads;
5. Sanitary disposal facilities;
6. Water supply availability;
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.
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 Clerk'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.
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 11. 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 16
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 Community 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 Development Review Committee. The request shall be reviewed by the Development Review Committee, which committee shall make a written recommendation thereon to the advisory agency.
B.
The advisory agency shall consider the matter, review the recommendation of the Development 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 fmal.
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 final 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 fmal map.
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 Community 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 Community Development Department Director shall refer the application to the Development 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 County of Riverside 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.
16.32.040 - Expiration of approved tentative maps —Extension of time.
A.
17
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 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. 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 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.
SECTION 12. 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 advisory 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. 18
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.
16.36.030 - Preliminary filing of final subdivision map.
A.
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 Community Development Depaitment;
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 requests 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 19
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.
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.
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 County of Riverside 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. 20
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. 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.
21
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 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. 22
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.
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.
(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 final 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.
23
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 fewer 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.
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 fling 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 Community 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.
SECTION 13. 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 24
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 rigjht-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.
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.
25
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 in 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 the City Engineer, the land divider's engineer shall acquire the Department of Transportation's approval of such improvements.
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. 26
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;
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.
27
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 Depai lnient;
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 Chanters 15.04 and 15.20 and Riverside County Ordinance 546.
D.
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.
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, erosion, 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:
28
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.
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. 29
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 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 finding 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.
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 deemed as a Schedule C subdivision. The minimum improvements for a Schedule C subdivision shall be as follows:
A.
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Streets. The minimum improvements for streets are established as follows:
1 A11 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:
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. 31
16.40.080 - Schedule D parcel map division.
Any division of land into four or fewer 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.
16.40.090 - Schedule E parcel map division.
Any division of land into four or fewer 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.
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.
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 32
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 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 within 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.
33
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 final 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. "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 of right- 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.
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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 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. 35
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.
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.
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 fewer 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;
36
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.
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.
SECTION 14. 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.
37
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 County of Riverside 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 Community 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.
Proof of ownership of the real property proposed to be reverted to acreage shall be submitted with the tentative map.
16.60.030 - Review of tentative map.
The tentative map shall be distributed by the Community Development Department Director to all interested and affected agencies and utilities. Thereafter, the tentative map shall be considered by the Development Review Committee, which committee shall report and recommend to the advisory agency.
16.60.040 - Consideration by the advisory agency.
The advisory agency shall consider the report and recommendation of the Development 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.
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. 38
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 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 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.
SECTION 15. 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 Department 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)
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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 Title 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. 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.
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D.
The contiguous lots were not created by the recording of a Final Map or Parcel Map approved by the City of Beaumont.
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.
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.
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 Department 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 Department 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.
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.
41
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.
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.
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.
16.61.100 - Appeals.
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.
42
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.
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.
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 16. 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 Community Development Department Director.
An application for a lot line adjustment shall be made to the Community Development Department Director and shall be accompanied by the following items:
A.
The application shall be made on a form provided by the Community 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.
16.64.020 - Review and determination of application.
Upon receipt of completed application, the Community Development Department Director shall review the matter and shall then submit the application to the Development Review Committee at one of its regular meetings for its report and recommendations. Within 50 days after receipt of the completed application, the Community 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, including the following requirements:
A.
43
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.
16.64.030 - Recordation of certificate of compliance.
The Community Development Depai anent Director shall cause the certificate of compliance to be recorded following the approval of the lot line adjustment.
16.64.040 - Appeal —Decision on appeal.
The applicant or any interested party may appeal the decision of the Community Development Department Director on the action to the advisory agency within 15 days after the decision. The appeal shall be filed in the Community 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.
SECTION 17. 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. 44
"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.
"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 apartment 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 fewer 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.
45
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 An environmental assessment for the land proposed to be dedicated prepared in compliance with the California Environmental Quality Act and as required by the Community 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.
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 Community Development Department Director shall base his or her recommendation under this section on 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. 46
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 Community 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.
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 Community 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; 47
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, supervision, and maintenance; and
9. The compatibility of dedication with the City's general plan and other adopted plans pertaining to parks and recreation.
C.
When the Community 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 Fu11 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.
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:
48
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 Community Development Department Director. Where fees are required, they shall be deposited with the City at the time prescribed by Section 16.66.080, paragraph A.
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
x
residents of
x
acquisition
=
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. 49
(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.
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 Community Development Depaitiuent 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 finding therein. Within five days thereafter, the Director of Finance shall, if a positive fmding has been made or presumed, approve payment as requested.
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 50
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 18. Amendment to Beaumont Municipal Code Chapter 16.68. Chapter 16.68 is hereby amended as follows (new language in red, deletions in strikeout):
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 Community Development Depaitiiient 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 Community 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.
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 Community 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 Community 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. 51
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.
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 Community Development Depai lucent Director shall review the matter and shall then submit the application to the Development Review Committee at one of its regular meetings for its report and recommendations. Within 50 days after receipt of the completed application, the Community 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 Community 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 Community 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 Community Development 52
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 Community 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 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 Community Development Department Director. If the conditions are satisfactorily completed, the Community 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 Community 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 Community Development Department Director. Upon receipt of a completed appeal, the Community 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.
16.68.030 - Notice of violation.
Whenever the Community 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 Community 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 Community 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 53
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.
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 finance any parcel or parcels of real property or commence construction of any building for sale, lease or 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 fmance 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 54
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.
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
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Legal Advertisement
NOTICE IS HEREBY GIVEN, that the City Council of the city of Beaumont will conduct a public hearing to consider the matter described below. The City Council's public hearing will be held at 6:00 p.m. on Tuesday, March 3, 2026, at 550 East Sixth Street, Beaumont, California.
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 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
A copy of the proposed ordinance and all supporting documentation for the protect is available and can be reviewed at the Beaumont Civic Center, 550 East Sixth Street, Beaumont, California.
Protect #: PLAN2025-0311 Subdivision Ordinance Update
Applicant: City of Beaumont Community Development Department Environmental Determination: California Environmental Quality Act exemptions under Section 15061 (b) (3) and 15168 (c) (2) will be considered.
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 (3) minutes unless otherwise authorized by the City Council.
Written comments can be emalled to NicoleW BeaumontCa.
goy with "Public Comment" in the sublect line. Public comments accepted via email will be read aloud during the corresponding item of the meeting sublect to the three (3)- minute time limit. Comments can be submitted at any time prior to the meeting, as well as during the meeting, until the end of the corresponding item.
This meeting will be conducted in person and will also 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: BeaumontCa.gov/Livestream.
If you challenge the action taken on this matter in court, the challenge may be limited to raising only those Issues raised at the public hearing described in this notice, or In written correspondence to Steven Jones, Community Development Department or the City Clerk at, or prior to, the public hearing.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (951) 769-8520. Notification 48 Fours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Steven D. Jones
Community Development Department Director
[email protected]
The Press -Enterprise
Published: 2/20/26
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BEAUMONT
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Staff Report
TO: Honorable Mayor and Members of the City Council
FROM: Steven D. Jones, Community Development Department Director BY: Jillian Fountain, Associate Planner
DATE: March 3, 2026
SUBJECT: Public Hearing to Consider the Approval of Tentative Tract Map 38926 (TM2024-0002) to Subdivide 12.58 Gross Acres into 49 Single -Family Residential Lots
Description: A public hearing to consider Tentative Tract Map 38926 for the subdivision of approximately 12.58 gross acres into 49 single-family residential lots and four (4) lettered lots, including a retention basin, within the Residential, Single -Family (RSF) Zone on APNs 408-080-004 and 408-080-005.
Background and Analysis:
On January 20, 2026, the City Council considered Tentative Tract Map 38926 following a unanimous 5-0 recommendation of approval by the Planning Commission on October 22, 2025.
During the City Council public hearing, the following concerns were raised regarding the proposed private drive (Lot D):
Adequacy of off — street parking
Private drive width
Parking enforcement
Emergency and personal vehicle access and circulation
Project location within flood zone
Proximity to high fire severity zone
Homeowners' association responsibility
Following the discussion, the City Council directed the applicant to evaluate alternative design options and consider the replacement of the private drive with a full public street.
A motion to continue to date uncertain was approved for the proposed subdivision to return for further consideration.
Analysis of Council Concerns:
Adequacy of Off -Street Parking
The subdivision is proposed to satisfy the off-street parking requirements for single- family residential units as set forth in Table 17.05-1 of the Beaumont Municipal Code (BMC). Each lot is required to provide two (2) enclosed parking spaces in a code - compliant garage, and driveway parking would be accommodated.
City Council discussion centered on the potential for overflow parking along proposed Lot D and whether the project design would sufficiently discourage on -street parking.
The provision of driveways with adequate width serving the required two -car garages is intended to promote on -site parking utilization. No parking would be permitted on the proposed private drive as it would also serve as a fire lane, and any vehicle loading or unloading would be temporary in nature and would not be expected to materially affect emergency access.
Conditions of approval are recommended to ensure the private drive remains clear of parked vehicles and continuously available for emergency services access.
Private Drive Width
Private drives are permitted under BMC 16.12.030, subject to compliance with City standards and Fire Department requirements.
The proposed width of Lot D meets the minimum Fire Department access requirements.
However, the Council expressed concern that the roadway may be constrained for daily residential use, particularly with the elimination of street parking.
A recommended condition of approval would require that the private drive be maintained in good condition as determined by the City's Community Development Department, Community Enhancement Division and Fire Department, including required annual inspection by the homeowners' association, timely repair of any deficiencies, and ongoing maintenance consistent with applicable public right-of-way standards for all vehicle types.
Parking Enforcement
If approved as a private drive, parking restrictions within Lot D would be enforced through required recorded covenants, conditions, and restrictions (CC&Rs) and managed by the Homeowners' Association (HOA), rather than through City enforcement mechanisms applicable to public streets.
The concern expressed by the Council related to the long-term enforceability and consistency of enforcement. Although the City's Community Enhancement staff could respond, if necessary, primary responsibility for monitoring and enforcing parking restrictions on the private drive would rest with the HOA.
Accordingly, a recommended condition of approval would require the CC&Rs to include provisions mandating that the HOA always maintain an active contract with a towing company and install appropriate signage identifying the private drive and applicable parking restrictions and penalties.
Emergency and Personal Vehicle Access and Circulation
Council discussed circulation efficiency and the ability to exit the neighborhood if one access point is obstructed. While the design complies with subdivision standards, concerns were raised regarding emergency egress.
The required improvements to Norman Road may help address any potential access constraints during an emergency. In addition, both the Orchard Heights Avenue private drive extension and proposed Street B provide adequate ingress, egress, and emergency vehicle access, as confirmed by the Department of Public Works and the Fire Department in their clearance of the project.
A recommended condition of approval would further ensure adequate access by requiring the dedication of an easement to the public for general traffic and circulation, consistent with the General Plan Mobility Element, and to facilitate reliable emergency vehicle access.
Project Location Within Flood Zone
With the site location being within a mapped flood zone. The proposed subdivision includes a retention basin and, if approved, would be required to comply with all applicable drainage and development standards prior to final map approval and building permit issuance.
Compliance with Federal Emergency Management Agency (FEMA) and City drainage requirements would be verified during plan review.
Proximity to High Fire Hazard Severity Zone
The project site is located near a designated moderate fire hazard severity zone, about
0.3 mile from the proposed project site boundary line. If approved, development would be required to comply with the applicable Fire Department standards for single-family residential development.
Homeowners' Association Responsibility
If approved, proposed Lot D would remain a private drive, maintenance responsibilities, liability, and long-term upkeep would be assigned to the HOA through recorded CC&Rs.
Council expressed concerns regarding long-term funding, governance, and maintenance responsibilities associated with privately maintained roadways. A recommended condition of approval would require oversight by a certified public accountant and/or property maintenance firm to help ensure HOA's fiscal responsibility and compliance with applicable conditions of approval prior to map recordation, as well as continued compliance with CC&Rs following recordation. Adherence to the CC&Rs would help ensure that the City assumes no undue financial or operational responsibility for privately maintained areas.
Applicant Position Regarding Redesign:
The applicant has determined that no redesign is necessary to implement full density in keeping with the California Housing Accountability Act (HAA) of 1982, which limits discretion for projects that propose to comply with local zoning code objective development standards and general plan.
Staff recommended approval of the project, in part, based on the HAA, however, during the discussion, City Council disagreed with staff's general plan consistency finding since Orchard Heights Avenue was proposed to be reduced in size and removed from public use as a private drive. Conditions of approval are recommended to help implement the general plan, along with the proposal to meet development standards.
Government Code §65589.5(j) limits a city's ability to deny housing projects to situations where objective standards are not met and where a specific, adverse impact on public health or safety can be demonstrated by a preponderance of the evidence —a higher evidentiary threshold than typically applied in land - use decisions. Although concerns about fire safety could potentially support such findings, this application has already been deemed complete and the time for certain requirements passed. Given the high evidentiary burden, proceeding with the project as designed —with a private drive configuration yielding 49 lots —and applying additional conditions of approval as needed is an appropriate course of action.
Fiscal Impact:
The cost for staff review and staff report preparation is covered by the $7,500.00 deposit required by the City of Beaumont Development Related Fee Schedule. The cost to prepare this staff report is estimated at $200.
A supplemental deposit from the developer is now required prior to the final map process to cover the work needed to evaluate the developer's response and to prepare responsive potential conditions of approval that address the City Council concerns during the tentative map process and will be requested prior to filing final map documents.
Recommended Action:
Hold a public hearing; and,
OPTION 1 —
Approve Tentative Tract Map No. 38926 (TM2024-0002), subject to the conditions of approval and direct staff to prepare a CEQA Notice of Exemption for the applicant to file with the County of Riverside Assessor -County Clerk -Recorder; or, OPTION 2 —
Remand the project back to the Beaumont Planning Commission for redesign to incorporate local streets consistent with the Beaumont General Plan.
Attachments:
A. Applicant Response to City Council
B. City Council Staff Report dated January 20, 2026, and attachments C. Tentative Tract Map No.38926
D. Findings TTM No. 38926
E. Proposed Conditions of Approval
F. Proof of Publication
G. Presentation
Incorporated herein by Reference:
City of Beaumont General Plan
City of Beaumont Zoning Ordinance
Project Site's Riverside Conservation Authority Multi -Species Habitat Conservation Plan Informational Map
Contents of City of Beaumont Planning Department Project File and TTM38926 Tentative Tract Map Files
MONTEVISTA
HOMES
February 18, 2026
PO Box 9559
Alta Loma, CA 91701
[email protected]
Dear Gustavo Romo:
Thank you for meeting us on February 4th to discuss our submission TTM2024-0002 for TTM 38926.
Below is a summary of the items discussed in our meeting and the status of the TTM2024-0002 • Staff found that project is consistent with the General Plan and Beaumont Municipal Code. Planning commission approved the project October 22, 2025. One public comment was received regarding access to the rear of the property at 40685 Norman Road, and Monte Vista confirmed that there will be access to this property. • Government Code Section 65589.5(j) requires City and City Council to use objective standards when determining if a project should be approved or denied. City Council can only deny a housing project if it has a "specific, adverse impact upon the public health or safety". Staff determined TTM 38926 has met the City's objective standards and recommended the project for approval. The code section allows for various legal remedies for violations of this.
• Monte Vista detailed the various challenges it had encountered with the City processing TTM2024-0002.
• On Feb. 8 we received comments from the City on our pre -application submission.
Once comment stated: "This proposal requires a California Environmental Quality Act (CEQA) review. As proposed, staff believes that the project will qualify for a Class 32 (In -Fill) exemption" The City did not require any additional studies to fulfil the Class 32 exemption. On March 12, two weeks before the originally scheduled March 26, 2025 Planning Commission meeting, the Planner decided that this project is not eligible for a Class 32 exemption. After meetings with Planning and the City Manager, we determined that a Section 15183 exemption would be the correct path. We promptly prepared the studies that were requested by the City and submitted them for review. This timing brought us to an October 22, 2025 Planning Commission date. (7.5 -month delay)
• Our project was sent to Planning Commission on October 22, 2025. We were told we would go to City Council a month later in November 2025. Prior to that meeting, the City let us know they made an error in public noticing. The result was a delay in our City Council hearing to January 20, 2026. (2 -month delay) • On August 13, 2025, we conducted an in -person meeting with engineering staff, Essam Dolah and Amer Jakher, to discuss various conditions from the Engineering Department. Our original submission was 46 lots with City Standard streets along the entire project. The changes to the configuration, and the addition of a private street were made based on suggestions from Essam and Amer. The City Council meeting was the first time we ever heard that the City determined this condition was based on an internal traffic opinion.
The City Council made several assertions and posed several questions during the January 20, 2026 hearing. Below we provide responses to those items.
• Keep standards consistent in the City.
"I do not like the alley concept"
City Staff has determined the project meets all City Engineering and Public Safety standards.
• Code Enforcement/Police Department do not have enforcement authority on a private driveway
Code Enforcement and the Police Department absolutely can enforce no -parking in private streets. Under CVC Section 22658, the HOA has the clear legal authority to enforce parking and tow unauthorized vehicles on private streets. For extreme clarity, we can also add a clause in our CC&R's providing Police full authority over this area. • Safety issue with narrowness of the road.
The 26 -foot road width complies with the California Fire Code and has been explicitly reviewed and approved by the Fire Department.
• Brookside Turn Pocket and Stop Sign
Per the City Engineer, the development is less than 100 units and the City does not require traffic analysis. The project is also projected to pay roughly $160,000 in Street & Bridge Fees to the City to mitigate traffic impacts, as well as $660,000 to WRCOG for the Riverside County Transportation Uniform Mitigation Fee.
• The area is in a Flood Zone
The project site is located in FEMA Zone X (Area of Minimal Flood Hazard). • Association Dues for maintaining Private Drive / Jurisdiction of Red Curb (No Parking) The Homeowners Association and all 49 homes would share in the cost of maintaining the private drive.
• Lack of Parking
The project meets the objective off-street parking requirements set forth in BMC Section
17.05.040 (2 spaces). Providing additional driveway and street parking exceeds the City's minimum mandate.
• Near a very high fire area
New homes are more fire resilient than old homes and fields. This project is not in a high fire zone and this development improves fire sustainability. • 49 Residents have one exit
The project has two methods of ingress and egress to Brookside Avenue.
Monte Vista is a homebuilder based in the Inland Empire. Many of our employees live in the City of Beaumont. We have a program we are very proud of called The Move Up Promise that helps tenants, residents, employees and subcontractors move from renters to homeowners. We deeply care for the community and our residents and do our very best to develop communities we are proud of. We have a long history of taking staff, council and residents feedback to heart and incorporating it into our designs.
The City Council is currently requesting deviations from the General Plan and approved City Standards that were not raised during the multi -year application process. We have acted in good faith, investing millions based on the City's objective standards.
We remain committed to a project Beaumont can be proud of, but we must emphasize that denial based on the subjective concerns raised at the January 20, 2026, meeting would be a direct violation of the Housing Accountability Act. We respectfully request that the Council approve the map as recommended by Staff and the Planning Commission.
Lastly, in the future may I suggest a design review committee or council oversite in the pre -application process so feedback can be gathered at a more appropriate time for projects like this. It is much easier for a developer to consider feedback at that time.
Sincerely,
eve 1.0(41,0114 -
BEAUMONT
-c A L I F O R N I A
Staff Report
TO: Planning Commissioners
FROM: Aron Liang, Planning Manager
Jillian Fountain, Associate Planner
DATE: October 22, 2025
SUBJECT: Tentative Tract Map 38926 (TM2024-0002) and Section 15183 California Environmental Quality Act Exemption for Consideration of a Proposed Subdivision Located at South Norman Road and East of Orchard Heights in the Residential, Single -Family Zone
APPLICANT: Monte Vista Homes — Brian King
Description: A Public Hearing to consider a request for approval of Tentative Tract Map 38926 for a proposed subdivision of 12.58 gross acres into 49 single-family residential lots ranging between 7,219 SF to 13,072 SF and 4 lettered lots, including a retention basin.
Background and Analysis:
The applicant is requesting approval of Tentative Tract Map 38926 to subdivide an approximately 12.58 gross -acre site into 49 single-family residential lots, four (4) lettered lots, including a retention basin, with proposed lot sizes ranging from 7,219 square feet and 13,072 square feet, two (2) public streets, and one (1) private road.
A tentative tract map (TM2024-0002) is required by the Beaumont Municipal Code (BMC) pursuant to Section 16.04.010, which provides that all land divisions in the incorporated area of the City are subject to all the applicable provisions of the BMC, including Title 17 (Zoning Code) and the Subdivision Map Act. The project site is located within the Residential Single -Family (R -SF) zone and has a General Plan Land Use Element designation of Single -Family Residential (SFR). The proposed subdivision would be consistent with the General Plan and Zoning Code land use allowances, which support low -density, detached residential development. Pursuant to BMC Section
16.04.020, the Planning Commission is authorized to recommend conditional approval or disapprove all tentative parcel maps, tentative subdivision maps, and land divisions and submit to the City Council for final approval.
The proposed tentative tract map provides for lots to be developed in the future with an approved Plot Plan. Future development of the lots will require the recordation of final tract maps. The project has been conditioned to preclude the issuance of building permits until such time that the final tract maps are recorded.
Project Setting:
The project setting can also be seen in the following materials attached to this staff report:
• General Plan Land Use Element Map (Attachment D)
• Zoning Map (Attachment E)
• Aerial Photograph (Attachment F)
The 12.58 -acre site is currently vacant. The property is located in a single-family area with residences to the north, south, and west, vacant land to the east and a church to the north. The land uses, zoning, and General Plan land use designations of the project site and surrounding area are shown in the following table.
LAND USE GENERAL PLAN ZONING
PROJECT Single Family Residential, Single Family
SITE Vacant Land Residential (SFR) (RSF)
NORTH Church / SFR SFR RSF and County
SOUTH Single Family SFR Specific Plan
Residential
EAST Vacant SFR County
WEST Single Family SFR Specific Plan
Residential
Development Review Committee (DRC):
The Development Review Committee reviewed the project on July 11, 2024, October 31, 2024, and February 20, 2025. Staff from the various City departments provided written comments that have been incorporated into the proposed conditions of approval.
Zoning Consistency:
The use is subject to and consistent with BMC provisions of development standards for the R -SF zone. The proposed use would meet the objectives of the approved zoning and would be compatible with other uses permitted in the zone, subject to approval of a Plot Plan.
General Plan Consistency:
The proposed use is in conformance with the City's General Plan and the land use designation for the project site, as shown in Attachment D.
The proposed use promotes policies identified in Goal 3.3, 3.3.1 "Support the development of new housing opportunities, as defined by the Land Use Plan contained in this Element" because the project lot sizes provide for various types of dwelling unit styles and configurations and could accommodate accessory dwelling units to maximize Beaumont's capacity for various income levels and aging in place.
Environmental Documentation:
In accordance with CEQA Guidelines Section 15367, the City is designated Lead Agency for the project and has principal authority and jurisdiction for CEQA actions and project approval. As part of the city's initial review of the project, the Planning Division determined that the project would not be subject to additional CEQA review pursuant to Section 15183 (Projects Consistent with a Community Plan or Zoning) of the CEQA Guidelines.
Section 15183 of the CEQA Guidelines mandates that projects which are consistent with the development density established by existing zoning or general plan policies for which an Environmental Impact Report (EIR) was certified shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site. On December 1, 2020, the City Council adopted the Elevated Beaumont General Plan 2040, which serves as the general plan for the City. The General Plan designated the project site as Single -Family Residential (SFR). Tentative Tract Map 38926 proposes to be consistent with the development density established by the SFR land use designation in the General Plan.
In conjunction with adopting the General Plan, the City Council also certified a Program Environmental Impact Report (PEIR) (SCH No. 2018031022). The PEIR identified the following areas as either having a potentially significant impact or an unavoidable impact with the anticipated build -out of the General Plan: Agriculture (MM AG -1 and AG -2), Air Quality (MM AQ-1), Biological Resources (BIO-1 through BIO-4), and Greenhouse Gas (MM GHG-1). As a result of the impacts, the City Council adopted feasible mitigation measures included within the PEIR Mitigation Monitoring and Reporting Program.
On August 15, 2025, an analysis of a CEQA Guidelines Section 15183 (ENV2025-0003) was prepared for the project (Attachment A). The analysis concluded that the proposed
TTM38926 would be consistent with the Final Program EIR for the Elevated Beaumont General Plan 2040, subject to compliance with the approved Mitigation Monitoring and Reporting Program and is exempt from further CEQA review pursuant to Section 15183 of the CEQA Guidelines.
Public Communications:
On October 12, 2025, property owners located within a 300 -foot radius of the project site were notified of the public hearing through a mailed notice. In addition, a notice was published in the Press Enterprise newspaper with a 10 -day advance notice of the hearing. As of the time of report preparation, the Planning Department has not received any letters of comment from the public in favor of or in opposition to the project. Any comments received prior to the time of the scheduled Planning Commission meeting will be provided to the Commission at the time of the public hearing (Attachment G).
Approval Authority:
Pursuant to BMC Section 16.04.020, the Planning Commission is designated as the "advisory agency" charged with reviewing and making recommendations on all proposed parcel map land divisions and tentative subdivision maps in the city and authorizes the Planning Commission to conditionally approve or disapprove all tentative parcel maps and tentative subdivision maps and land divisions and submit to the City Council for final approval.
When a tentative map is required under the Subdivision Map Act (66463.5(a)), an approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval. In accordance with the Subdivision Map Act and BMC Section 16.32.040, the applicant may apply for a 1 -year extension prior to the tentative map's expiration.
Recommended Action:
Hold a public hearing; and
Recommendation that the City Council approve Tentative Tract Map No. 38926 (TM2024-0002), subject to the conditions of approval; and, Direct staff to prepare a Notice of Exemption for the Applicant to file with the Riverside County Clerk Recorder.
Attachments:
A. CEQA 15183 Exemption Analysis
B. Tentative Tract Map No.38926
C. Proposed Conditions of Approval
D. General Plan Land Use Element Designation Map
E. Zoning Map
F. Aerial Photograph
G. Radius Map and Labels
H. Proof of Publication
Incorporated herein by Reference:
City of Beaumont General Plan
City of Beaumont Zoning Ordinance
Project Site's Riverside Conservation Authority Multi -Species Habitat Conservation Plan Informational Map
Contents of City of Beaumont Planning Department Project File and TTM38926 Tentative Tract Map Files
Subdivision Map Findings:
REQUIRED FINDINGS FOR APPROVAL
Staff has reviewed the application for TM2024-0002 Tentative Tract Map No. 38926 and has determined that the Planning Commission can make the following findings in support of its approval:
Findings Pursuant to the Beaumont Municipal Code (BMC) Title 16 (Subdivisions) Consistency with General and Specific Plans: The proposed land division, including its design and improvements, is consistent with the applicable goals, policies, and land use designations of the City of Beaumont General Plan and any applicable Specific Plan.
1. The proposed tentative tract map, including its design, lot configuration, and associated improvements, is consistent with the goals, policies, and land use designations contained in the City of Beaumont General Plan, specifically Goal
3.3, 3.3.1 to "support the development of new housing opportunities, as defined by the Land Use Plan contained in this element."
Site Suitability: The site of the proposed land division is physically suitable for the proposed type and density of development.
2. The site is physically suitable for the proposed subdivision and development density. The property has topography with an average slope less than 20 percent, access to public streets designed to carry volumes of traffic contemplated by the permitted uses in the zone, and availability of utilities, including water and sewer. No geologic, flood, or environmental constraints have been identified that would preclude development in accordance with the tentative tract map.
No Substantial Environmental Damage: The design of the proposed land division and its associated improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish, wildlife, or their habitat.
3. The design of the subdivision is not likely to cause substantial environmental damage or result in the injury of fish, wildlife, or their habitat. Environmental review has confirmed that no sensitive species or habitat areas will be adversely affected, and the project's construction activities and improvements are conditions of approval to ensure compliance with all applicable environmental protection standards.
No Public Health Problems: The design of the proposed land division and the type of improvements are not likely to cause serious public health problems.
4. The design of the subdivision and the type of improvements proposed will not cause serious public health problems. The project will be served by adequate infrastructure and public services, including fire protection, police services,
potable water, and sanitary sewer. All improvements are required to be constructed in accordance with City standards to ensure safe and healthy living conditions.
No Conflict with Public Easements: The design of the proposed land division and the type of improvements will not conflict with easements acquired by the public at large for access through or use of the property.
5. The design of the proposed subdivision does not conflict with any existing public easements for access, utilities, or drainage. Any recorded easements have been identified on the tentative tract map.
Findings Pursuant to BMC Title 17 (Zoning Code)
Consistency with Zoning Regulations: The proposed project is consistent with the provisions of BMC Title 17 (Zoning Code), including the development standards for lots, density, and site preparation.
6. The proposed tentative tract map complies with all applicable provisions of Title 17 (Zoning Code), including development standards for minimum lot size, setbacks, density, and site design. The proposed subdivision is consistent with the zoning designation applied to the site and does not require any variances or deviations.
Preservation of Public Welfare: The location, size, design, and operating characteristics of the proposed subdivision will not be detrimental to the public health, safety, and general welfare, or be injurious to the property or improvements in the vicinity.
7. The locations, size, design, and operating characteristics of the subdivision will not be detrimental to the public health, safety, or general welfare, nor will it adversely affect surrounding properties. Adequate infrastructure and circulation improvements will be provided, and all development will comply with applicable City standards to ensure compatibility with adjacent land uses.
CEQA Compliance: The proposed project is in compliance with the provisions of the California Environmental Quality Act (CEQA).
8. The project complies with the CEQA. Environmental review has been completed, and the City has determined that the project qualifies for Article 12, Section 15183 Exemption (projects consistent with a Community Plan, General Plan, or Zoning). All required mitigation measures, if applicable, have been incorporated as conditions of approval for the tentative tract map.
Beaumont Residential Project
Tract Map 38926
CEQA Guidelines Section 15183
Community Plan CEQA Streamlining Analysis
Lead Agency:
City of Beaumont
Planning Department
550 E. 6th Street
Beaumont, CA 92223
Project Applicant:
Monte Vista Homes
P.O. Box 9559
Rancho Cucamonga, CA 91701
CEQA Consultant:
E
P
DSOLUTIONS,INC
3333 Michelson Drive, Suite 500
Irvine, CA 92612
August 2025
Tract Map 38926
City of Beaumont Community Plance Exemption Analysis
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2
Tract Map 38926
City of Beaumont Community Plance Exemption Analysis
1. INTRODUCTION
1.1 OVERVIEW OF CEQA GUIDELINES SECTION 15183
This CEQA Streamlining analysis evaluates whether the potential environmental impacts of the Project are addressed in the Beaumont General Plan Update Program Environmental Impact Report (GPU PEIR) (State Clearinghouse [SCH] # 2018031022) pursuant to the California Environmental Quality Act (CEQA) Guidelines (CEQA Guidelines) Section 15183 (CEQA Streamlining Checklist).
As set forth in California Public Resources Code (PRC) Section 21083.3 and State CEQA Guidelines Section 15183:
a) CEQA mandates that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site. This streamlines the review of such projects and reduces the need to prepare repetitive environmental studies. b) In approving a project meeting the requirements of this section, a public agency shall limit its examination of environmental effects to those which the agency determines, in an initial study or other analysis:
1. Are peculiar to the project or the parcel on which the project would be located,
2. Were not analyzed as significant effects in a prior EIR on the zoning action, general plan or community plan with which the project is consistent,
3. Are potentially significant off -site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action, or
4. Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR.
c) If an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards, as contemplated by subdivision (e) below, then an additional EIR need not be prepared for the project solely on the basis of that impact.
In Wal-Mart Stores, Inc. v. City of Turlock, 1 38 Cal.App.4th 273 (2006), the court stated, "The foregoing construction of the terms "peculiar to" and "project -specific" promotes efficiency by reducing delay and needless paperwork and, therefore, is consistent with the purpose underlying the streamlined review of Guidelines section 15183."
The court went on to state that "Applying these definitions, a physical change in the environment will be peculiar to the [Project] if that physical change belongs exclusively or especially to the [Project] or if it is characteristic of only the [Project]." For example, impacts related to archaeological resources are not peculiar to the proposed project, since archaeological impacts with mitigation are common with many development projects in the state.
Similarly in Gilroy Citizens for Responsible Planning v. City of Gilroy, 140 Cal.App.4th 91 1 (2006) the court found that because the project would have significant air quality impacts and because the General Plan EIR concluded the same, there was nothing peculiar about the project. There is nothing peculiar about a project with significant impacts if the EIR already analyzed and determined those projects to be significant.
Most recently, in Lucas v. City of Pomona (2023) the Court of Appeal held that "[b]ecause Guidelines section 15183 requires an agency to examine whether a project's environmental effects were analyzed as 3
Tract Map 38926
City of Beaumont Community Plance Exemption Analysis
significant impacts in a prior EIR on a general plan or zoning action with which the project is consistent.... the substantial evidence standard applies."
1.2 2040 GENERAL PLAN ENVIRONMENTAL IMPACT REPORT
The City of Beaumont's 2040 General Plan (2040 GP) was adopted and the GPU PEIR was certified in December 2020. The 2040 GP consists of the following eight elements that together meet State requirements for a general plan: Land Use and Community Design, Mobility, Economic Development and Fiscal, Health and Environmental Justice, Community Facilities and Infrastructure, Conservation and Open Space, Safety, and Noise.
The GPU PEIR evaluated the potential environmental effects from implementation of the 2040 GP, and development pursuant to the 2040 GP is subject to mitigation measures identified in the GPU PEIR and the requirements of the City's Development Code. A project is consistent with the 2040 GP if the development density does not exceed what was contemplated and analyzed for the parcel(s) in the GPU PEIR and complies with the associated standards applicable to that development density as set forth in CEQA Guidelines Section 151 83(i)(2). Development density standards can include the number of dwelling units per acre (du/ac), the number of people in a given area, floor area ratio (FAR), and other measures of building intensity, building height, size limitations, and use restrictions.
1.3 PROJECT OVERVIEW
The Project applicant proposes a parcel map subdivide the approximately 12.84 -acre site into 49 numbered residential lots and four lettered lots. Additional improvements to the site would include sidewalks, utility connections, stormwater facilities, and pavement of parking areas and drive aisles. No offsite improvements are proposed as part of the Project. The Project requires approval of a Tentative Tract Map (TTM) from the City of Beaumont.
The Project site has a General Plan land use designation of Single Family Residential (SFR) and a zoning designation of Residential Single Family (R -SF). The SFR land use designation provides for single-family residential (attached or detached) at a maximum density of four du/ac. The proposed Project would result in a density of 3.88 du/ac. The Project is consistent with the land use and zoning designations for the site.
1.4 APPLICABILITY OF 15183
As set forth in CEQA Guidelines Section 15183(d), the Exemption applies to projects which meet the following conditions:
1. The project is consistent with:
a. A community plan adopted as part of a general plan;
b. A zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development; or
c. A general plan of a local agency; and
2. An EIR was certified by the lead agency for the zoning action, the community plan, or the general plan.
Additionally, the Exemption applies only to the extent that all feasible mitigation measures identified in the applicable general plan are implemented by the public agency with jurisdiction to require such mitigation measures as set forth in CEQA Guidelines Section 15183(e).
The GPU PEIR analyzed the impacts of buildout of the 2040 GP. As discussed herein, the Project is consistent with the land use identified for the site in the 2040 GP. As described above, the Project site has a land use 4
Tract Map 38926
City of Beaumont Community Plance Exemption Analysis
designation of SFR which allows single-family residential units up to four du/ac. The proposed Project would subdivide the approximately 1 2.84 -acre site into 49 residential lots, resulting in a density of 3.88 du/ac, which is within the assumptions and land use and growth projections of the 2040 GP. As such, the GPU PEIR adequately anticipated and analyzed the impacts of this Project, identified applicable mitigation measures necessary to reduce impacts of the Project, and the Project implements the applicable mitigation measures.
The Project, therefore, qualifies for an exemption from additional environmental review as set forth in CEQA Guidelines Section 15183.
Specifically, the Project qualifies for the exemption because the following findings can be made:
1. The Project is consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified. The proposed Project would subdivide the site for 49 single-family residential lots, which is consistent with the uses analyzed in the GPU PEIR and allowed by the R -SF zoning designation.
2. There are no Project specific effects which are peculiar to the Project or its site. The Project site is similar to other properties in the area, including its land use designation and zoning. The Project site does not support any peculiar environmental features, and the Project would not result in any peculiar effects.
3. There are no significant impacts in which the GPU PEIR failed to analyze as significant effects. As explained further in the analysis below, the proposed Project impacts were adequately analyzed by the GPU PEIR.
The GPU PEIR identified that the 2040 GP would have significant and unavoidable environmental effects related to air quality, greenhouse gas emissions, construction noise, vehicle miles traveled. The GPU PEIR also identified environmental impact areas for which mitigation measures are required to reduce potential environmental impacts to a less -than -significant level related to agriculture resources and biological resources. The GPU PEIR identified no impact or less than significant impacts related to aesthetics, forestry resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, vibration, population and housing, public services, recreation, transportation, tribal cultural resources, utilities and service systems, energy, and wildfire.
4. There are no potentially significant off -site and/or cumulative impacts which the GPU PEIR failed to evaluate. The proposed Project is consistent with the density and land use characteristics of the development considered by the GPU PEIR and would represent a small part of the growth that was forecasted for build - out of the 2040 GP. The GPU PEIR considered the incremental impacts of the Project, and, as explained further in the Exemption below, no potentially significant off -site or cumulative impacts have been identified, which were not previously evaluated.
5. There is no substantial new information which results in more severe impacts than anticipated by the GPU PEIR. As substantiated in the Exemption below, no new information has been identified, which would result in a determination of a more severe impact than what had been anticipated by the GPU PEIR.
6. The Project will undertake feasible mitigation measures specified in the GPU PEIR. As explained in the Exemption below, the Project will undertake feasible mitigation measures specified in the GPU PEIR through Project design, compliance with regulations and ordinances, the Project's conditions of approval, and City permit processing.
5
Tract Map 38926
City of Beaumont Community Plance Exemption Analysis
2. PROJECT DESCRIPTION
2.1 PROJECT LOCATION AND SETTING
The Project site is located in the northeastern portion of the City of Beaumont within Riverside County. The 1 2.84 -acre Project site consists of three parcels identified as Assessor's Parcel Numbers (APNs) 408-080- 004, -005, and -011. The Project site is bound by Norman Road and Beaumont city limits to the north, residential uses to the west, residential uses and an elementary school to the south, and Beaumont city limits followed by residential uses and undeveloped land to the east. Regional access to the site is provided via State Route (SR) 60 and Interstate (I) 10. Local access to the site is provided via Norman Road.
The Project site is vacant and undeveloped but heavily disturbed. Existing vegetation is limited to weeds and low grasses.
2.2 EXISTING GENERAL PLAN LAND USE AND ZONING DESIGNATIONS The Project site has a General Plan land use designation of Single Family Residential (SFR) and a zoning designation of Residential Single Family (R -SF). The SFR land use designation provides for single-family residential (attached or detached) at a maximum density of four dwelling units per acre (du/ac) and neighborhood commercial uses in specified locations with a maximum floor area ratio of 0.35. The R -SF zone is intended to protect established neighborhoods of one -family dwellings, to provide space in suitable locations for additional single-family residential development, and to allow for limited, appropriately located neighborhood supporting uses in specific locations.
2.3 SURROUNDING LAND USES
The surrounding land uses are described in Table 1 below.
Table 1: Surrounding General Plan Land Use and Zoning Designations Direction
Surrounding Land Uses
General Plan Land Use
Zoning
North
Norman Road followed by a
church
Single Family Residential
(SFR) / Riverside County Land
Use for Medium Density
Residential
Residential Single Family (R -
SF) / Riverside County Zoning
for One Family Dwelling Zone
(R-1)
East
Single-family residences and
undeveloped land
Riverside County Land Use
for Very Low Density
Residential
Riverside County Zoning for
Controlled Development
Areas (W-2)
South
Single-family residences and
an elementary school
Single Family Residential
(SFR) and Public Facilities (PF)
Specific Plan
West
Single-family residences
ily
Single Fa ( Residential
SFR)
Specific Plan
Source: City of Beamont, 2020a,b; County of Riverside, 2025.
2.4 PROJECT OVERVIEW
The Project applicant proposes a parcel map subdivide the approximately 12.84 -acre site into 49 numbered residential lots and four lettered lots. Figure 2-1, Tentative Tract Map, illustrates the Project as proposed. The Project requires approval of a Tentative Tract Map (TTM) from the City of Beaumont.
2.5 PROJECT FEATURES
6
Tract Map 38926
City of Beaumont Community Plance Exemption Analysis
Tentative Map Summary
The Project proposes the subdivision of the 12.84 -acre site for development of 49 single-family residences.
The proposed subdivision would result in a density of 3.88 du/ac. The minimum lot size would be 7,000 square feet (SF), the average lot size would be 7,81 1 SF, and the maximum lot size would be 9,883 SF. In addition to the 49 numbered residential lots, the Project proposes four lettered lots which would provide for a water quality basin, park areas, and a private driveway.
Access and Circulation
Access to the Project site would be provided from a private 32 -foot -wide driveway off Norman Road and a public 40 -foot -wide off Norman Road. Two 40 -feet -wide public internal streets are proposed (Street A, Street B) to provide circulation throughout the site. One 32 -foot -wide private internal driveway (Lot D) is proposed along the western edge of the site to provide access to residences. Five-foot wide sidewalks would be installed along the proposed internal streets.
Infrastructure Improvements
Gas and Electricity
Natural gas would be provided by Southern California Gas Company (SoCalGas) and electricity would be provided by Southern California Edison (SCE). As part of site development, the Project would connect to the existing infrastructure in Norman Road.
Water
Water services would be provided to the Project site by Beaumont Cherry Valley Water District. Upon ultimate development, new 8 -inch onsite water lines would be installed to connect to the existing water mains in Norman Road and Starlight Avenue.
Sewer
Sewer services would be provided to the Project site by the City of Beaumont. Upon ultimate development, new 8 -inch onsite sewer lines would be installed to connect to the existing sewer mains in Norman Road and Starlight Avenue.
Drainage
The proposed Project would install a new onsite detention basin and a storm drain network system to convey runoff to existing drainage facilities. Stormwater runoff would be collected by an at -grade gutter system and undergrounded by various catch basin inlets. The underground pipe network would convey the captured runoff into the proposed bioretention/detention basin located in the southwest portion of the site for treatment. Treated flows would then be conveyed towards a manhole located at the southwestern corner of the site prior to discharging into an existing 36 -inch storm drain line in Starlight Avenue, southwest of the Project site.
2.6 PROJECT DESIGN FEATURE
The following Project Design Features (PDFs) are incorporated into the proposed Project's design. For tracking purposes, the PDFs will be included in the Project's environmental monitoring and reporting program as part of the construction requirements package, as listed below. 7
Tract Map 38926
City of Beaumont Community Plance Exemption Analysis
PDF N-1: Construction Plans. Consistent with the construction plans, heavy construction equipment such cis large bulldozers, dump trucks, and vibratory rollers would not be operated within 15 feet of existing structures.
2.7 CONSTRUCTION SCENARIO
For CaIEEMod modeling purposes, construction activities for the Project are anticipated to occur over approximately 17 months, beginning January 2026 and ending June 2027. Construction is anticipated to occur in the following stages: (1) site preparation and grading; (2) building construction; (3) paving; and (4) architectural coatings. Construction activities would be limited to the hours between 6:00 AM and 6:00 PM during the months of June through September and between 7:00 AM and 6:00 PM during the months of October through May pursuant to the City's Municipal Code Section 9.02.110.
2.8 DISCRETIONARY ACTIONS
The following discretionary approvals from the City of Beaumont, as Lead Agency, are anticipated to be necessary for implementation of the proposed Project:
• Approval of Tentative Tract Map (TTM) 38926
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APN: 408-160-025
APN: 408-160-026
APN: 408-160-027
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APN: 408-160-029
MINIMUM: 7,209 SqFt
APN:408-160-020
SEE DETAIL ON SHEET 2 FOR SS CONTINUATION (SCHOOL)
(SFD)
(SFD)
(SFD) (SFD)
(SFD)
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(SFD) (SFD)
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SEE TABLE ON SHEET 2 FOR COMPLETE LIST OF LOT AREAS
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THE BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE OF NORMAN -- -- PR RIGHT OF WAY
WQ WATER QUALITY © - CITY
UTILITY EASEMENT
- 30' WIDTH
ROAD HAVING A BEARING OF NORTH 89°50'15" EAST PER PARCEL MAP NO.
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CHERRY VALLEY
WATER DISTRICT - 30' WIDTH
10529, FILED IN BOOK 47, PAGE 76, OF PARCEL MAPS, RECORDS OF
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BENCHMARK:
COUNTY OF RIVERSIDE DESIGNATION:
C-2-4
AT THE SW CORNER OF BROOKSIDE
AVE & CHERRY AVE 65' SOUTH OF
BROOKSIDE AVE, 23; WEST OF
CHERRY AVE, ON TOP OF AND AT THENW CONCETE
NO. 80338 A BRASS WDISK MARK ALL OF ED BRIDGE
C-2-4-65
ELEVATION (FEET): 2758.083 (NGVD29)
(ADJ. 1970)
PROAC I V
ENGINEERING CONSULTANTS
200 South Main Street, Suite 300
Corona, CA 92882 (951) 280-3300
DESIGN BY:
ED
REVIEWED BY: DATE:
CITY OF BEAUMONT CALIFORNIA
SHEET
2 B
-CAL
PUBLIC
550 E.
E A U
I BORN
WORKS
6TH ST, BEAUMONT,
M 0
I
DEPARTMENT
CA
N T
A—
92223
TENTATIVE TRACT MAP FOR:
TRACT MAP 38926
DRAWN �
BY:
STAFF ENGINEER
RECOMMENDED BY: DATE:
CHECKED BY:
SG
SCALE:
1 ".50'
OF SHEETS
PRINCIPAL ENGINEER
APPROVED BY: DATE:
FILE NO:
DATE:
BY
MARK
DESCRIPTION
APPR.
DATE
JOB NUMBER:
ENGINEER
REVISIONS
CITY
CITY ENGINEER
MONTE VISTA 02/19/25
TTM 38926 - Tentative Map.pdf
Tract Map 38926
City of Beaumont Community Plance Exemption Analysis
This page intentionally left blank.
l0
City of Beaumont
Tract Map 38926
Community Plance Exemption Analysis
3. ENVIRONMENTAL ANALYSIS
Table 2, CEQA Environmental Topic Checklist, provides a summary of the GPU PEIRs' determinations and compares them to the proposed Project's anticipated impacts. As shown, the proposed Project is anticipated to be consistent with the prior impact determinations and is not anticipated to result in new or increased significant impacts. Therefore, the proposed Project would meet the criteria for streamlining per CEQA Guidelines Section 15183.
TABLE 2: CEQA ENVIRONMENTAL TOPIC CHECKLIST
Beaumont General Plan 2040 GPU PEIR
Proposed Project
Impact
GPU PEIR Analysis
Mitigation
Potential Project Impact
Consistent
with GPU
PEIR? Y/N
Aesthetics
LTS
Less than Significant
The Planning Area does not contain any
specifically -designated scenic vistas that would
be affected by implementation of the 2040 GP
and Revised Zoning Map. Through compliance
and implementation of its 2040 GP goals and
policies, adherence to the Revised Zoning
Ordinance, and project -specific design review
for development proposals, impacts related to
having a substantial adverse effect on a scenic
vista would be less than significant.
There are no designated or eligible State
scenic highways within or adjacent to the
Planning Area. Project -specific design review
of future development proposals within City
limits will afford the City the opportunity to
consider visual attributes of projects as well as
their potential impacts on visual resources and
along County eligible scenic highways.
Adherence to 2040 GP goals and policies and
to the Revised Zoning Ordinance would ensure
potential impacts related to substantially
degrading the existing visual character or
quality of public views of a specific project sites
No mitigation measures are required.
Less than Significant
The Project would be consistent with the land use and
zoning designations for the site. The site is in an urbanized area and would be developed in compliance with BMC
requirements, which would be ensured through the City's development permitting process. Therefore, the Project
would not result in significant impacts related to aesthetics and would be consistent with the findings of the 2040 PEIR.
Y
11
City of Beaumont
Tract Map 38926
Community Plance Exemption Analysis
TABLE 2: CEQA ENVIRONMENTAL TOPIC CHECKLIST
Beaumont General Plan 2040 GPU PEIR
Proposed Project
Impact
GPU PEIR Analysis
Mitigation
Potential Project Impact
Consistent
with GPU
PEIR? Y/N
and its surroundings would be less than
significant.
All future development within the City limits
would be subject to the provisions of Chapter
8.50, Outdoor Lighting of the Beaumont
Municipal Code (BMC) which sets forth
restrictive lighting standards that act to prevent
or minimize overall illumination levels, and
effectively reduce or preclude potential
light/glare overspill impacts. Additionally,
County Ordinance No. 655 requires the use of
low-pressure sodium exterior lights, and
appropriate directional installation and
shielding for outdoor light fixtures to reduce
potential light pollution impacts on Mt. Palomar
Observatory activities. Through compliance
with the goals, policies, and implementation of
the 2040 GP, and BMC Chapter 8.50, County
Ordinance No. 655, impacts regarding the
creation of a new source of substantial light or
glare which would adversely affect day or
nighttime views in the area will be reduced to
less than significant.
Agriculture & Forestry Resources
LTSWM
Less than Significant with Mitigation
The 2040 GP and policies do not require the
preservation of designated Farmland, and the
revised Zoning Ordinance/Zoning Map does
not include zones exclusively for agriculture,
thus, implementation of the proposed Project
could convert up to 46 acres of Farmland, which
is considered to be potentially significant.
Impacts regarding the conversion of Farmland
MM AG -1: Because the State revaluates
and changes Farmland designations
approximately every two years, to
determine the specific impacts to
designated Farmland sites shown on
Figure 5.2-1 — Designated Farmland as
having Prime Farmland or Unique
Farmland, cis part of any entitlement
process for any future development
Less than Significant
Within the context of CEQA, Farmland refers specifically to land that has been designated as Prime Farmland,
Unique Farmland, or Farmland of Statewide Importance
within the Farmland Mapping and Monitoring Program
(FMMP). According to the California Department of
Conservation California Important Farmland Finder, the
Project site is identified as Farmland of Local Importance.
The Project site is not currently used for agricultural Y
12
City of Beaumont
Tract Map 38926
Community Plance Exemption Analysis
TABLE 2: CEQA ENVIRONMENTAL TOPIC CHECKLIST
Beaumont General Plan 2040 GPU PEIR
Proposed Project
Impact
GPU PEIR Analysis
Mitigation
Potential Project Impact
Consistent
with GPU
PEIR? Y/N
will be reduced to less than significant through
the protection of Farmland via an agricultural
easement, cancellation of a Notice (or Notices
of Non -Renewal) or placement of a new
Williamson Act contract on property at another
location in California as required by mitigation
measure MM AG -1. Through compliance with
mitigation measure MM AG -1, impacts
regarding the conversion of Farmland to non-
agricultural use are considered less than
significant with mitigation incorporated.
There are currently no Williamson Act contract
lands within the Planning Area. No impacts will
occur to Williamson Act contracts, therefore no
mitigation is necessary and impacts to
Williamson Act contracts are considered less
than significant.
Dowling Farms, the only existing agricultural
operation in the city, includes a produce stand
which is not a permitted use. In order to bring
this existing use into compliance with the Zoning
Ordinance, mitigation measure MM AG -2 will
be implemented to requires the proposed
revision to the Zoning Ordinance include
produce stands as permitted uses in the
Manufacturing (M) zoning district.
There are no properties within the Planning
Area that are zoned for forest land,
timberland, or timberland production.
Therefore, no impacts related to forest land,
proposal, the project applicant shall use
the most current FMMP data available to
determine the number of acres of Prime
Farmland, Unique Farmland, and
Farmland of Statewide Importance that
would be permanently converted to a
non-agricultural use by the proposed
future development. This number shall be
referred to as the "Acres of Converted
Farmland." If the Acres of Converted
Farmland for any future development
project is greater than zero, the City shall
require the project proponent to provide
mitigation in the amount equivalent to the
Acres of Converted Farmland. This
mitigation may be provided by one or
more of the following methods: (i)
placement of an agricultural easement
on property containing soils that meet the
physical and chemical criteria for Prime
Farmland, Unique Farmland, or
Farmland of Statewide Importance, (ii)
cancellation of a Notice of Non -renewal
or an agreement not to file a Notice of
Non -renewal for Williamson Act
contracts on property (or properties), (iii)
placement of a new Williamson Act
contract on property or properties, or (iv)
any combination of (i), (ii),or (iii). Other
feasible measures to protect the soils and
lands designated by the State FMMP
program not listed here can be
implemented as determined by the City.
This mitigation shall be made a condition
operations and is not adjacent to lands used for
agricultural purposes. Therefore, the Project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to a non-agricultural use.
The Project is not under a William's Act contract.
The Project would not result in the loss of forest land or conversion of a forest land to a non -forest use.
Therefore, the Project would not result in significant impacts related to agriculture and forestry and would be consistent with the findings of the 2040 PEIR.
13
City of Beaumont
Tract Map 38926
Community Plance Exemption Analysis
TABLE 2: CEQA ENVIRONMENTAL TOPIC CHECKLIST
Beaumont General Plan 2040 GPU PEIR
Proposed Project
Impact
GPU PEIR Analysis
Mitigation
Potential Project Impact
Consistent
with GPU
PEIR? Y/N
timberland, or Timberland Production lands
would occur.
of project approval and evidence of
mitigation shall be provided to the
Beaumont Planning Department prior to
the issuance of a grading permit.
MM AG -2: In order to allow the
operation of produce stands in the
Industrial Zoning District as part of the
revisions to the Beaumont Zoning
Ordinance, Section 17.03.100 and
Table 17.03-3 shall be revised to include
Produce Stands as a permitted use in the
Manufacturing (M) Zone.
Air Quality
SU
Less than Significant
Adoption and implementation of the 2040 GP
policies and programs would not obstruct
implementation of the control measures
contained within the Air Quality Management
Plan (AQMP), and because the 2040 GP is not
inconsistent with the growth assumptions used in
the development of the 2016 AQMP, the
development of the 2040 GP would not conflict
with or obstruct implementation of the 2016
AQMP. As such, the impacts in this regard are
considered less than significant.
Some commercial and industrial uses
developed under the 2040 GP may generate
odor nuisance effects to the public. Construction
activity would also generate temporary
airborne odors associated with the operation
of construction vehicles (i.e., diesel exhaust) and
the application of architectural coatings.
MM AQ 1: In order to reduce future
impacts related to exceedance of air
quality standards from criteria pollutants
and from TACs impacting sensitive
receptors, prior to discretionary
approval for development projects
subject to CEQA review, project
applicants shall prepare and submit a
technical analysis evaluating potential
air quality impacts, including TAC's
where appropriate, to the City of
Beaumont for review and approval. The
analysis shall be prepared in
conformance with current South Coast Air
Quality Management District (SCAQMD)
methodology for assessing air quality
impacts and TACs. Feasible mitigation
measures for each future project shall be
incorporated, if applicable.
Less than Significant
The proposed Project is consistent with its land use
designation and zoning designation of SFR and R -SF,
respectively. Therefore, consistent with the findings of the 2040 GP, the Project would be consistent with the growth assumptions of the AQMP. Additionally, as described
below, the emissions generated by the construction and
operation of the proposed Project would not exceed
thresholds, and the Project would not result in an increase in the frequency or severity of existing air quality violations or cause a new violation. Therefore, the Project would
result in less than significant impacts related to
implementation of an AQMP, and no new impacts related
to conflict with implementation of an AQMP would occur.
Construction and operational emissions associated with the proposed Project were modeled using the California
Emissions Estimator Model (CaIEEMod) Version 2022.1
land use emission model and compared to the South Coast Air Quality Management District (SCAQMD) construction
Y
14
City of Beaumont
Tract Map 38926
Community Plance Exemption Analysis
TABLE 2: CEQA ENVIRONMENTAL TOPIC CHECKLIST
Beaumont General Plan 2040 GPU PEIR
Proposed Project
Impact
GPU PEIR Analysis
Mitigation
Potential Project Impact
Consistent
with GPU
PEIR? Y/N
However, these odors are not generally
considered to be especially offensive. Emissions
would be temporary and would be confined to
the immediate vicinity of the construction site
and activity. Therefore, impacts are considered
less than significant.
Significant and Unavoidable
Adoption and implementation of the 2040 GP
would generate air contaminant emissions from
short-term construction and long-term operation
of planned land uses. These emissions may
result in adverse impacts to local air quality,
and potential impacts to sensitive receptors.
Adoption and implementation of the 2040 GP
policies and programs and enforcement of
SCAQMD Rules and Regulations would help
reduce long-term emissions. However, future
development projects that would be
accommodated by the 2040 GP could exceed
the SCAQMD regional and localized emissions
thresholds. Therefore, operational air quality
impacts associated with future development of
the 2040 GP would be significant and
unavoidable.
Adoption and implementation of the 2040 GP
and enforcement of SCAQMD Rules and
Regulations would minimize exposure of
sensitive receptors to substantial criteria
pollutant and TAC emissions. However,
localized criteria pollutant and TAC impacts
associated with implementation of the 2040
and operational emissions thresholds (see Appendix A for full modeling results).
Emissions associated with the construction of the proposed Project are presented below. As shown, construction
emissions would be below SCAQMD's thresholds.
Therefore, construction activities would not result in a cumulatively considerable net increase of any criteria
pollutant and impacts would be less than significant.
Therefore, no new impact related to construction emissions would occur.
Construction
Activity
Maximum Daily Regional Emissions
(pounds/day)
ROG
NOx
CO
SOx
PMio
PM2.5
2026 (Year
1)
Site
Preparation
3.9 34.7
32.0 0.1
7.7 4.4
Grading
3.5 30.0
29.8 0.1
4.3 2.3
Building
Construction
1.2 10.9
15.4 <0.1
0.7 0.5
2027 (Year 2)
Building
Construction
1.2 10.4
15.3 <0.1
0.6 0.4
Paving
1.2 7.0
11.0 <0.1
0.5 0.3
Architectural
Coating 32.0
1.1 1.7
<0.1
0.1 <0.1
Maximum
Daily
Construction
Emissions
32.0 34.7
32.0 0.1
7.7 4.4
15
City of Beaumont
Tract Map 38926
Community Plance Exemption Analysis
TABLE 2: CEQA ENVIRONMENTAL TOPIC CHECKLIST
Beaumont General Plan 2040 GPU PEIR
Proposed Project
Impact
GPU PEIR Analysis
Mitigation
Potential Project Impact
Consistent
with GPU
PEIR? Y/N
GP are considered
unavoidable.
significant
and
SCAQMD
Significance
Thresholds
75 100
550
150
150
55 Threshold
Exceeded?
No
No
No
No
No
No
Notes: ROG = reactive organic gases, NOx = nitrogen
oxides, CO = carbon monoxide, SOx = sulfur oxides, PMio = particulate matter 10 microns in diameter, PM2.s =
particulate matter 2.5 microns in diameter
Source: CaIEEMod Output Sheets (see Attachment A).
Emissions associated with the operation of the proposed Project are presented below. As shown, operational
emissions would be below SCAQMD's thresholds.
Therefore, the Project would result in no new impacts
related to operational air quality emissions. As such, the proposed Project is consistent with the findings contained in the GP EIR impacts, and the Project would result in no new impact or in a cumulatively considerable net increase of any criteria pollutant.
Maximum Daily Regional Emissions
Operational
(pounds/day)
Activity
ROG
NOx
CO
SOx
PMio
PM2.5
Mobile
1.8 1.7
14.4 <0.1
3.3 0.8
Area
2.5 <0.1
2.8 <0.1
<0.1
<0.1
Energy
<0.1
0.4 0.2
<0.1
<0.1
<0.1
Total Daily
4.3 2.1
17.4 <0.1
3.3 0.9
Operational
Emissions
SCAQMD
55 55
550
150
150
55 Significance
Thresholds
16
City of Beaumont
Tract Map 38926
Community Plance Exemption Analysis
TABLE 2: CEQA ENVIRONMENTAL TOPIC CHECKLIST
Beaumont General Plan 2040 GPU PEIR
Proposed Project
Impact
GPU PEIR Analysis
Mitigation
Potential Project Impact
Consistent
with GPU
PEIR? Y/N
Threshold
Exceeded?
No
No
No
No
No
No
A localized significance threshold (LST) analysis was
prepared pursuant to SCAQMD recommendations. As
shown below, the proposed Project would not exceed
applicable LST thresholds for the site and therefore would result in a less -than -significant localized construction air quality impact.
Construction
Activity
Maximum Daily Localized Emissions
(pounds/day)
NOx
CO
PMio
PM2.5
Year
1 Site Preparation
34.6 31.0
7.4 4.3
Grading
30.0 28.7
4.1 2.3
Building
Construction
10.7 14.1
0.4 0.4
Year 2
Building
Construction
10.2 14.0
0.4 0.3
Paving
6.9 10.0
0.3 0.3
Architectural
Coating
1.1 1.5
<0.1
<0.1
Maximum Daily
Emissions
34.6 31.0
7.4 4.3
SCAQMD
Screening
Thresholds'
160.3
1,073.7
10.7 6.0
17
City of Beaumont
Tract Map 38926
Community Plance Exemption Analysis
TABLE 2: CEQA ENVIRONMENTAL TOPIC CHECKLIST
Beaumont General Plan 2040 GPU PEIR
Proposed Project
Potential Project Impact
Impact
GPU PEIR Analysis
Mitigation
Consistent
with GPU
PEIR? Y/N
Threshold
Exceeded?
No
No
No
No
Notes: NOx = nitrogen oxides, CO = carbon monoxide,
PMio = particulate matter 10 microns in diameter, PM2.5 = particulate matter 2.5 microns in diameter
1 Interpolated using thresholds for 2 acres and 5 acres at a receptor distance of 25 meters.
Source: CaIEEMod Output Sheets (see Attachment A)
Overall, impacts related to air quality would be less than significant. No new or more severe impact would occur in comparison to the GPU PEIR findings.
Biological Resources
LTSWM
Less than Significant with Mitigation
Impacts to certain species not covered by the
Multiple Specific Habitat Conservation Plan
(MSHCP) as identified in PEIR Table 5.4-A and
Table 5.4-B, if present on a site and going to
be impacted, may require additional
mitigation measures. For species Not Covered
by the MSHCP, mitigation measure MM BIO-1
will be incorporated to ensure potential
impacts remain less than significant related to
these uncovered species. For MSHCP Covered
Species, through compliance with the MSHCP
and mitigation measure MM BIO-2, which
addresses impacts to nesting birds, impacts
from adoption and implementation of the 2040
GP are considered less than significant with
mitigation incorporated.
Mitigation measure MM BIO-3 is incorporated
to ensure impacts to riparian/riverine or
sensitive habitat resources are less than
MM BIO-1: For impacts identified to
Species Not Covered by the MSHCP,
potential direct and indirect impacts to
Federal Species of Concern, California
Species of Special Concern, California
Species Animals or plants on lists one
through four of the California Native
Plant Society (CNPS) Inventory will
require habitat assessments prepared by
a qualified biologist for future
implementing projects. The habitat
assessment report identifying potential
impacts to the Not Covered MSHCP
species shall be provided in a report and
submitted to the City Planning
Department prior to issuance of grading
permits. The following determinations
shall be made by the City based on the
habitat assessment:
• If the findings of the habitat
assessment show no suitable
Less than Significant
A Biological Due Diligence Investigation (Appendix B) was prepared and included a literature review, a field survey, and an MSHCP Consistency Analysis.
No special -status plant species were observed on the
Project site during the field investigation. Due to the disturbed nature of the site, there is a lack of suitable habitat for special status plant species. Therefore, based on habitat requirements for specific special -status plant species and the availability and quality of habitats, the Biological Due Diligence Investigation determined that the Project site does not provide suitable habitat for any of the special -status plant species known to occur in the area and all are presumed to be absent. No focused surveys are
recommended.
Additionally, no special -status wildlife species were
observed on the Project site during the field investigation.
However, based on habitat requirements for specific
species and the availability and quality of on -site habitats, Y
18
City of Beaumont
Tract Map 38926
Community Plance Exemption Analysis
TABLE 2: CEQA ENVIRONMENTAL TOPIC CHECKLIST
Beaumont General Plan 2040 GPU PEIR
Proposed Project
Impact
GPU PEIR Analysis
Mitigation
Potential Project Impact
Consistent
with GPU
PEIR? Y/N
significant. Compliance with Section 6.1 .2 of
the MSHCP, applicable Federal, State,
regional, and local requirements, and
implementation of mitigation measure MM BIO-
3 will reduce impacts on any riparian habitat
or other sensitive natural community to a less
than significant level with mitigation
incorporated.
Implementation of mitigation measure MM BIO-
3 would ensure impacts to wetlands are less
than significant. Accordingly, strict adherence
to the identified Federal and State laws and
regulations, the MSHCP, the "no net wetland
loss" policy currently in place, and
implementation of mitigation measure MM BIO-
3 would ensure impacts to jurisdictional waters
and wetlands would be less than significant
with mitigation incorporated.
Through the protections afforded by the
MSHCP and implementation of mitigation
measure MM BIO-2 (MBTA adherence), future
development with implementation of the 2040
GP would have a less than significant impact
with mitigation incorporated related to
migratory wildlife corridors or native wildlife
nursery sites.
Based on the required compliance with the
2040 GP, along with the requirement to get a
permit from the City for the removal of trees,
impacts related to conflict with any local
policies or ordinances protecting biological
habitat or sensitive species Not
Covered by the MSHCP occur
on site, then no additional
surveys or mitigation measures
are required.
• If the potential for sensitive
species exist or suitable habitat
exists on site, focused PEIR
Impact Summary Matrix Impact
Mitigation Measure Level of
Significant After Mitigation
surveys shall be completed
within one year of the submittal
to the City for review. Focused
surveys conducted in the
appropriate season for each
species, as identified in the
habitat assessment report, shall
be conducted to determine
presence/absence status.
• If no sensitive species are
identified through focused
surveys, then no additional
surveys or mitigation measures
are required.
• If sensitive species Not Covered
by the MSHCP are found on site
and are not avoided by project
design, coordination with the
appropriate regulatory
agencies (i.e. USFWS and/or
CDFW) would be required to
obtain necessary take permits
and implement project -specific
it was determined that the proposed project site has a low potential to support Cooper's hawk and sharp shinned
hawk. Further the Biological Due Diligence Investigation determined that the Project site does not provide suitable habitat for any of the other special -status wildlife species known to occur in the area since the project site has been heavily disturbed from onsite disturbances.
The Project site has the potential to support songbird and raptor nests due to the presence of shrubs, ground cover, and trees. Project development activities could disturb or destroy active migratory bird nests including eggs and
young. Disturbing or destroying active nests is a violation of the MBTA (16 U.S.C. 703 et seq.). In addition, nests and eggs are protected under Fish and Game Code Section
3503. As such, direct impacts to breeding birds (e.g.,
through nest removal) or indirect impacts (e.g., by noise causing abandonment of the nest) is considered a
potentially significant impact. Therefore, the Project would comply with Mitigation Measure BIO-2 to require a nesting bird survey if vegetation is removed during nesting season (February 15 through August 31), which would reduce
potential impacts to a less -than -significant level. With MBTA compliance and implementation of Mitigation
Measure BIO-2, potential impacts to nesting birds,
including Cooper's hawk and sharp shinned hawk, would
be reduced to less than significant.
The Biological Due Diligence Investigation describes that the Project site is not located within a designated wildlife corridor or linkage. During the field survey, the Project area was evaluated for its function as a wildlife corridor that species use to move between wildlife habitat zones.
The Project site consists of flat, disturbed land. Further, the 19
City of Beaumont
Tract Map 38926
Community Plance Exemption Analysis
TABLE 2: CEQA ENVIRONMENTAL TOPIC CHECKLIST
Beaumont General Plan 2040 GPU PEIR
Proposed Project
Potential Project Impact
Impact
GPU PEIR Analysis
Mitigation
Consistent
with GPU
PEIR? Y/N
resources are considered to be less than
significant and no mitigation is required.
Through implementation of all goals, policies,
and implementation in the 2040 Plan,
implementation of mitigation measure MM BIO-
3, and compliance with the MSHCP and SKR
HCP, the proposed project would not conflict
with any HCPs. Therefore, impacts associated
with potential inconsistencies with the MSHCP
and SKR HCP for the Planning Area would be
less than significant with mitigation
incorporated.
mitigation prior to any ground
disturbing activities.
MM BIO-2: If future implementing
project activities are planned during the
bird nesting (February 15 to August 31)
season and there are trees or vegetation
on site, nesting bird survey(s) consisting of
up to three (3) site visits within 7 days
prior to ground disturbance, clearing
and/or demolition activities shall be
conducted to ensure birds protected
under the Migratory Bird Treaty Act
(MBTA) are not disturbed by on -site
activities. Any such survey(s) shall be
conducted by a qualified biologist. If no
active nests are found, no additional
measures are required. If active nests
are found, the nest locations shall be
mapped by the biologist. The nesting
bird species shall be documented and, to
the degree feasible, the nesting stage
(e.g., incubation of eggs, feeding of
young, near fledging) determined.
Based on the species present and
surrounding habitat, a no -disturbance
buffer shall be established around each
active nest. The buffer shall be identified
by a qualified biologist and confirmed
by the City. No construction or ground
disturbance activities shall be conducted
within the buffer until the biologist has
determined the nest is no longer active
and has informed the City and
Project site is surrounded by urban development such as residential uses, a school, and roadways. No wildlife
movement corridors were found to be present on or
adjacent to the Project site during the field survey. Thus, no impacts related to wildlife movement corridors would occur with implementation of the Project.
The Biological Due Diligence Investigation determined no special -status plant communities that have the potential to occur within the Project region occur on the Project site.
Therefore, no impacts related to special -status plant
communities would occur.
No mapped drainage features occur on or within the
vicinity of the site and no jurisdictional drainage and/or wetland features were observed within the Project site
during the field survey. However, a drainage feature was observed outside of the Project site boundary, immediately east of the Project site. This drainage feature runs adjacent to the eastern boundary of the site and is not expected to be impacted from project implementation. Therefore,
development of the proposed Project would not result in impacts to State or Federal jurisdiction and regulatory approvals would not be required.
Additionally, a MSHCP Consistency Analysis was prepared which determined the Project site is located within the Pass Area Plan of the MSHCP but is not located within or
adjacent to
any Criteria Cells or designated conservation areas.
However, the site is located within the designated survey area for burrowing owl, and within the Narrow Endemic
Plant Species Survey Area (NEPSSA) for Marvin's onion
and many -stemmed dudleya. No burrowing owls or recent
20
City of Beaumont
Tract Map 38926
Community Plance Exemption Analysis
TABLE 2: CEQA ENVIRONMENTAL TOPIC CHECKLIST
Beaumont General Plan 2040 GPU PEIR
Proposed Project
Impact
GPU PEIR Analysis
Mitigation
Potential Project Impact
Consistent
with GPU
PEIR? Y/N
construction supervisor that activities may
resume.
MM BIO-3: The City shall require the
following for all future implementing
projects in order to mitigate for impacts
to riparian/riverine or sensitive habitats
associated with waters of the US and
State:
• Preparation of a Jurisdictional
Delineation of Waters of the
U.S. and wetlands pursuant to
the RCA as well as CWA and
ACOE protocol where
drainages are located on site.
If avoidance of the drainages is
infeasible, then applicants must
obtain a CWA Section 404
permit from the ACOE prior to
project grading. These permits
must include measures or other
equivalent requirements
necessary to reduce impacts to
riparian and wetlands
resources and ensure no net loss
of wetlands.
• Preparation of a Jurisdictional
Delineation of streams and
vegetation within drainages
and native vegetation of use to
wildlife pursuant to CDFW and
California Fish and Game Code
Sect 1 600 et seq. Where
necessary, applicants are
sign (i.e., pellets, feathers, castings, or whitewash) were observed during the field investigation. Therefore, the Biological Due Diligence Investigation determined the site does not support suitable habitat for burrowing owl and no focused burrowing owl surveys are recommended.
Additionally, based on the results of the field investigation, there is no suitable habitat for the relevant NEPSSA species on the Project site (Munz's onion and many -stemmed
dudleya), due to lack of suitable soils, presence of
imported soils, and the disturbed nature of the site.
Therefore, no additional surveys are needed to achieve
coverage for NEPSSA species (Section 6.1.3 of the MSHCP, Protection of Narrow Endemic Plant Species).
In accordance with Section 6.1.2 of MSHCP, Protection of Species Associated with Riparian/Riverine Areas and
Vernal Pools, no riparian/riverine features were observed on the Project site during the field investigation.
Additionally, no impacts are expected to occur to the
existing drainage feature just east of the site (outside of the Project boundaries).
Further, the Project site is not located within any MSHCP designated Criteria Cells or designated conservation
areas. Therefore, the Urban/Wildlands Interface
Guidelines (Section 6.1.4 of the MSHCP) do not apply to the Project.
Lastly, the project site is not located within the Mitigation Fee Area of the Stephen's Kangaroo Rat Habitat
Conservation Plan (SKR HCP). Therefore, the Project
Applicant is not be required to pay the SKR HCP Mitigation Fee.
21
City of Beaumont
Tract Map 38926
Community Plance Exemption Analysis
TABLE 2: CEQA ENVIRONMENTAL TOPIC CHECKLIST
Beaumont General Plan 2040 GPU PEIR
Proposed Project
Impact
GPU PEIR Analysis
Mitigation
Potential Project Impact
Consistent
with GPU
PEIR? Y/N
required to obtain a Section
1 601 or 1 603 permit and a
Streambed Alteration
Agreement from CDFW. These
permits must include measures
or other equivalent
requirements that reduce
impacts to riparian and
wetlands resources ensure no
net loss of wetlands.
• Riparian/Riverine evaluation
pursuant to Section 6.1 .2 of the
MSHCP. Applicants must avoid
impacts to riparian areas to
preserve the function and value
of such habitats. Avoided areas
shall be protected in perpetuity
through a legal instrument such
as a conservation easement or
deed restriction. Where
avoidance is infeasible, a
DBESP will be required to be
reviewed and approved by the
RCA and/or US Fish and
Wildlife Services and
California Department of Fish
and Game.
Overall, impacts related to biological resources are
consistent with the findings of the GPU PEIR. No new impact would occur.
Cultural Resources
LTS
Less than Significant
The 2040 GP, Downtown Specific Plan, and
Revised Zoning Ordinance, includes goals,
policies, implementation actions that will
protect and reduce impacts to historical
resources. Additionally, as part of the City's
No mitigation measures are required.
Policy 8.1 1.1 Avoid or when avoidance
is not feasible, minimize impacts to sites
with significant archaeological,
Less than Significant
No structures exist on the project site; therefore, no impacts to historic resources would occur from the Project.
According to GPU PEIR Figure 5.5-1, Archaeologica/
Sensitivity, the Project site has low to moderate potential to Y
22
City of Beaumont
Tract Map 38926
Community Plance Exemption Analysis
TABLE 2: CEQA ENVIRONMENTAL TOPIC CHECKLIST
Beaumont General Plan 2040 GPU PEIR
Proposed Project
Impact
GPU PEIR Analysis
Mitigation
Potential Project Impact
Consistent
with GPU
PEIR? Y/N
typical entitlement review process, a project
applicant may be required to provide a
cultural resources assessment and, mitigate
project -specific impacts. Therefore, compliance
with existing regulations and processes and
implementation with applicable 2040 GP
goals, policies, and implementation measures
and the proposed certificate of
appropriateness process, impacts related to
historic resources are considered to be less than
significant, and no mitigation is necessary.
Similarly, through implementation of existing
regulations and General Plan Policies, impacts
related to archaeological resources are
considered to be less than significant, and no
mitigation is necessary.
Through compliance with existing regulations to
properly handle the inadvertent discovery of
human remains, impacts related to the
disturbance of human remains from the 2040
GP will be less than significant and no
mitigation is necessary.
paleontological, cultural and tribal
cultural resources, to the extent feasible.
contain archaeological resources. The Project site has been previously disturbed through past grading and vegetative clearing activities; therefore, there is reduced potential for the Project to impact archaeological resources.
Additionally, the Project would comply with 2040 GP
policies, such as Policy 8.1 1.1 which requires potential impacts to archaeological, paleontological, cultural and tribal cultural resources be avoided or minimized to the extent feasible. Impacts are anticipated to be less than significant.
The Project site does not contain a cemetery, and no known formal cemeteries are located within the immediate vicinity of the Project site. Nevertheless, should human remains be unearthed during grading and excavation activities
associated with Project development, the construction
contractor would be required by California law to comply with California Health and Safety Code Section 7050.5
and Public Resources Code Section 5097.98. Through
mandatory compliance with California Health and Safety
Code Section 7050.5 and Public Resources Code Section
5097.98, the proposed Project would not result in
significant impacts to human remains, and impacts would be less than significant.
No new impacts related to cultural resources would occur through implementation of the proposed Project.
Geology and Soils
LTS
Less than Significant
Compliance with CBC regulations and 2040
GP goals, policies, and implementation actions
will reduce impacts related to earthquake
faults, seismic ground shaking, seismic ground
No mitigation measures are required.
Less than Significant
The Project would adhere to the CBC and 2040 GP goals,
policies, and implementation actions, and the NPDES.
Impacts related to geology are soils are anticipated to be less than significant.
Y
23
City of Beaumont
Tract Map 38926
Community Plance Exemption Analysis
TABLE 2: CEQA ENVIRONMENTAL TOPIC CHECKLIST
Beaumont General Plan 2040 GPU PEIR
Proposed Project
Impact
GPU PEIR Analysis
Mitigation
Potential Project Impact
Consistent
with GPU
PEIR? Y/N
failure, liquefaction, and landslides to less than
significant and no mitigation is necessary.
Potential impacts associated with erosion and
loss of topsoil would be reduced to less than
significant with compliance with the NPDES and
revised Hillside Ordinance Policies.
Adherence to the goals, policies, and
implementation in the 2040 GP along with
compliance with the most current building codes
will reduce impacts from landslide, lateral
spread, subsidence, liquefaction, or collapse to
less than significant and no mitigation is
necessa ry.
As a condition of approval, prior to the issuance
of any grading permit, the City requires
grading plans to satisfactorily address the
geotechnical investigation's recommendations.
With implementation of the 2040 GP and
revisions to the Zoning Map, new structures
within the Planning Area may be proposed on
expansive soils; however, the degree of risk to
life or property from the effects of expansive
soils is considered less than significant with
through compliance with existing regulations
and goals, policies, and implementation
contained in the 2040 GP; no mitigation is
necessary.
If connection to the City sewer system is not
possible, City and State regulations establish
criteria that must be met to determine
According to PEIR Figure 5.6-9 — Paleontological
Sensitivity, the site is identified as having "low"
paleontological sensitivity. The Project would adhere to applicable Federal, State, regional, and local regulations, as well as implementation of Policy 8.1 1 .1. Impacts related to paleontological resources are anticipated to be less than significant.
24
City of Beaumont
Tract Map 38926
Community Plance Exemption Analysis
TABLE 2: CEQA ENVIRONMENTAL TOPIC CHECKLIST
Beaumont General Plan 2040 GPU PEIR
Proposed Project
Impact
GPU PEIR Analysis
Mitigation
Potential Project Impact
Consistent
with GPU
PEIR? Y/N
feasibility of using an on -site septic tank
system. Therefore, where sewers are not
available for the disposal of wastewater within
the Planning Area, there are methods in place
to ensure adequate support of septic systems.
Through compliance with existing regulations
and 2040 GP goals, policies, and
implementation, impacts will be reduced to less
than significant and no mitigation is necessary.
2040 GP policy 8.1 1.1 requires development
to avoid paleontological resources, whenever
possible. If complete avoidance is not possible
Policy 8.1 1.1 requires development to minimize
and fully mitigate impacts to paleontological
resources. With compliance with applicable
Federal, State, regional, and local regulations,
as well as implementation of Policy 8.11.1,
impacts related to paleontological resources
are considered to be less than significant and
no mitigation is necessary.
Greenhouse Gas Emissions
SU
Significant and Unavoidable
The PEIR included potential greenhouse gas
(GHG) emissions that would result from buildout
of the General Plan and found that emissions
would exceed threshold limits, resulting in a
significant impact. Future projects would be
required to adhere to Beaumont 2040 General
Plan policies and implementation actions which
would reduce GHG emissions to the extent
feasible. Additionally, Mitigation measure MM
GHG 1 will be implemented to evaluate the
potential mitigation strategies in PEIR Table
MM GHG 1: In order to address effects
of GHG emissions from future
development, the City of Beaumont shall
evaluate the feasibility of the potential
GHG reduction strategies in Table 5.7-F
and update the Sustainable Beaumont
Plan or similar document every five years
to ensure the City is monitoring the plan's
progress toward achieving the City's
greenhouse gas (GHG) reduction targets
and to require amendment if the plan is
not achieving the specified level. The
Less than Significant
GHG emissions were modeled for the Project using
CaIEEMod per applicable South Coast Air Quality
Management District (SCAQMD) thresholds and
methodology (Appendix A). Total estimated construction
related GHG emissions from construction of the proposed Project were amortized over 30 years per SCAQMD
methodology. As shown below, when annualized over the
30 -year life of the proposed Project, annual emissions would be 1 8.4 metric tons of carbon dioxide (MTCO2e).
During operation, the proposed Project would generate a total of 795.1 CO2e per year. Thus, GHG emissions would Y
25
City of Beaumont
Tract Map 38926
Community Plance Exemption Analysis
TABLE 2: CEQA ENVIRONMENTAL TOPIC CHECKLIST
Beaumont General Plan 2040 GPU PEIR
Proposed Project
Impact
GPU PEIR Analysis
Mitigation
Potential Project Impact
Consistent
with GPU
PEIR? Y/N
5.7-F, implement feasible strategies, and
monitor progress towards achieving GHG
reduction targets. However, emissions are still
expected to be above threshold. Thus, impacts
related to GHG emissions are considered
significant and unavoidable.
The 2040 GP includes policies and
implementation actions that would help reduce
GHG emissions and therefore help achieve
GHG reduction goals. Therefore, overall, the
2040 GP would not obstruct implementation of
the 2017 Scoping Plan.
The 2040 GP includes goals, policies and
implementation actions that address land use
and neighborhood design and improve
opportunities for pedestrian, bicycle, and
transit use and thereby reduce VMT.
Additionally, implementation of the 2040 GP
forecasts the employment to housing ratio to
increase to 0.93:1. While still jobs -poor, the
2040 GP would increase the
employment/housing ratio to a factor much
closer to 1:1 providing for a better
jobs/housing balance. Thus, the 2040 GP
would make it easier for residents to both live
and work in the City instead of commuting to
other areas, which would contribute to
minimizing VMT. Therefore, the 2040 GP would
not conflict with or obstruct SCAG's Connect
SoCal plan, and no impact would occur.
updates shall identify targets for years
2030, 2040, and 2050 and subsequent
applicable statewide legislative targets
that may be in effect at the time of the
update.
be below the threshold of 3,000 MTCO2e per year.
Therefore, based upon SCAQMD's screening threshold,
impacts related to operational GHG emissions would be
less than significant.
Activity
GHG Emissions
(MTCO2e per year)1
Project Operation
Mobile
585.6
Area
0.8 Energy
165.0
Water
1 1.1
Waste
14.0 Refrigeration
0.1 Total Project Gross Operation
Emissions
776.7
Project Construction
Amortized Construction
Emissions
18 4
Project Construction and Operation
Project Total Emissions
795.1
Significance Threshold
3,000
Threshold Exceeded?
No
Notes: 1. Numbers may vary due to rounding.
Source: CaIEEMod Output Sheets (see Attachment A)
Additionally, consistent with the findings of the GPU PEIR, the Project would not conflict with the CARB Scoping Plan, SCAG Sustainable Community Strategy, or the Sustainable 26
City of Beaumont
Tract Map 38926
Community Plance Exemption Analysis
TABLE 2: CEQA ENVIRONMENTAL TOPIC CHECKLIST
Beaumont General Plan 2040 GPU PEIR
Proposed Project
Impact
GPU PEIR Analysis
Mitigation
Potential Project Impact
Consistent
with GPU
PEIR? Y/N
Implementation of 2040 GP goals and their
associated policies and implementation actions
will further reduce potential GHG emissions
from subsequent land use development and
redevelopment by increasing energy and
water efficiency, energy conservation, and use
of renewable energy, promoting alternative
forms of transportation and investing in
infrastructure for public and active
transportation, and reducing solid waste. Thus,
implementation of the 2040 GP would
contribute to the reduction of GHG emissions
throughout the Planning Area and would not
conflict with or obstruct implementation of the
Sustainable Beaumont Plan, and no impact
would occur.
Beaumont Plan. Overall, impacts related to GHG emissions would be less than significant.
Hazards and Hazardous Materials
LTS
Less than Significant
Compliance with the requirements of federal,
State, and local laws and regulations
regarding the use and storage of hazardous
materials would ensure that risks resulting from
the routine transportation, use, storage, or
disposal of hazardous materials or hazardous
wastes associated with implementation of the
2040 GP would be less than significant.
Compliance with all applicable federal, State,
and local laws related to the transport,
storage, and handling of hazardous materials
would reduce the likelihood and severity of
accidents, and impacts involving the release of
hazardous materials into the environment
would be less than significant.
No mitigation measures are required.
Less than Significant
The Project could require minimal use of hazardous
materials typical for construction such as paints, solvents, oils, and grease. These types of materials are not acutely hazardous, and all storage, handling, use, and disposal of these materials are regulated by federal and state
requirements that are implemented by the County during
building permitting for construction activities. These
regulations include: the federal Occupational Safety and Health Act and Hazardous Materials Transportation Act;
Title 8 of the California Code of Regulations (CaIOSHA), and the state Unified Hazardous Waste and Hazardous
Materials Management Regulatory Program.
Additionally, the Project site is not listed on a hazardous materials sites compiled pursuant to Government Code
Section 65962.5 (Department of Toxic Substances Control, Y
27
City of Beaumont
Tract Map 38926
Community Plance Exemption Analysis
TABLE 2: CEQA ENVIRONMENTAL TOPIC CHECKLIST
Beaumont General Plan 2040 GPU PEIR
Proposed Project
Impact
GPU PEIR Analysis
Mitigation
Potential Project Impact
Consistent
with GPU
PEIR? Y/N
2040 GP Policy 9.1 1 .5 prohibits the placement
of new facilities involved with the production,
use, storage, transport, or disposal of
hazardous materials near existing sensitive
land uses, which includes schools. Additionally,
the California Department of Education
establishes standards for school sites pursuant
to Education Code Section 17251 and adopts
school site regulations, which are contained in
the California Code of Regulations, Title 5,
commencing with Section 14001. Since any
future placement of schools would be required
to comply with state statutory and regulatory
requirements addressing safety from hazards,
including hazardous materials, impacts from the
placement of schools in the vicinity of such
hazards or the placement of new hazards in the
vicinity of existing schools are anticipated to be
less than significant.
There are two sites within the Planning Area
that are on the Cortese list, compiled pursuant
to Government Code Section 65962.5,
Lockheed Propulsion -Beaumont No. 1 (Site 1)
and Lockheed Propulsion -Beaumont No. 2 (Site
2). Through compliance Health and Safety
Code Section 25356.1, 2040 GP Policy 9.1 1.7
(coordination with regulatory agencies
regarding remnant safety hazards and future
utilization of contaminated sites), impacts
regarding the potential risks of public exposure
to hazardous materials as a consequence of
2025). With compliance with the goals, policies and
implementation actions of the 2040 GP and existing
regulations, the Project is not anticipated to result in any significant impacts related to hazards and hazardous
materials.
28
City of Beaumont
Tract Map 38926
Community Plance Exemption Analysis
TABLE 2: CEQA ENVIRONMENTAL TOPIC CHECKLIST
Beaumont General Plan 2040 GPU PEIR
Proposed Project
Impact
GPU PEIR Analysis
Mitigation
Potential Project Impact
Consistent
with GPU
PEIR? Y/N
development on a site on the Cortese list will
be less than significant.
There are no airports within the Planning Area.
The closest airport to the Planning Area is the
Banning Municipal Airport, located in the
eastern portion of the City of Banning over four
miles to the east of the City of Beamont.
Because the Planning Area is not within an
airport land use plan or within two miles of a
public use airport, impacts with regard to
safety hazards to people residing or working
in the Planning Area would be less than
significant.
Future development projects would be
reviewed for adequate infrastructure and
access as well as consistency with adopted
emergency and evacuation plans among many
other environmental issues in order to ensure
the safety of City residents and the physical
environment. Therefore, implementation of
existing laws and regulations, compliance with
applicable Beaumont 2040 Goals, Policies,
and Implementation actions during individual
project review would ensure that impacts
regarding impairing the implementation of
emergency response and evacuation plans will
be less than significant.
Through compliance with existing federal,
state, and local laws and regulations related to
wildland fire hazards and implementation of
2040 GP goals, policies, and implementation
29
City of Beaumont
Tract Map 38926
Community Plance Exemption Analysis
TABLE 2: CEQA ENVIRONMENTAL TOPIC CHECKLIST
Beaumont General Plan 2040 GPU PEIR
Proposed Project
Impact
GPU PEIR Analysis
Mitigation
Potential Project Impact
Consistent
with GPU
PEIR? Y/N
actions, impact regarding the exposure of
people or structures to significant loss, injury, or
death involving wildland fires will be less than
significant.
Hydrology and Water Quality
LTS
Less than Significant
Through compliance with the goals, policies,
and implementation measures of the 2040 GP,
compliance with the City's Municipal Code
requirements for erosion control, and the
existing regulatory requirements of the
National Pollution Discharge Elimination System
(NPDES) Statewide Construction General
Permit (CGP), construction of future projects in
the Planning Area will not violate water quality
standards or Waste Discharge Requirements
(WDRs) and impacts from construction of each
implementing project are considered less than
significant and no mitigation is necessary.
Pursuant to the Riverside County MS4 NPDES
Permit, qualifying new development and large
redevelopment projects are required by the
City to prepare a Water Quality Management
Plan (WQMP) or similar demonstration of post-
construction methods to mitigate downstream
impacts to flooding and water quality. The City
also requires a Drainage Study for qualifying
development proposals to address the
hydrologic and hydraulic considerations.
Through compliance with existing regulations
and the proposed 2040 GP goals, policies,
and implementation for the protection of water
resources, adoption and implementation of the
No mitigation measures are required.
Less than Significant
The Project would prepare a SWPPP and a WQMP which
would ensure construction and operational water quality impacts are less than significant. A Drainage Report was prepared for the Project to develop a preliminary storm drain system and compute the existing and developed
condition hydrology calculations to demonstrate that the proposed Project would not affect downstream drainage
facilities (Appendix C). The Project includes a proposed bioretention/detention basin with a volume capacity of
2.944 acre-feet in order to treat captured stormwater and mitigate developed condition flows. The proposed
Bioretention/Detention basin is designed to capture and reduce the 2 -year, 5 -year, 10 -year and 100 -year storm peak flow rates. The Drainage Report determined that the 2 -year 24 -hour storm developed peak flow rate is 0.5
cubic feet per second (cfs), or 10 percent more than
existing condition flow rate (4.93 cfs vs 5.43 cfs). The 5 - year 24 -hour storm developed peak flow rate is 0.9 cfs, or 13 percent more than existing condition flow rate (6.83 cfs vs 7.69 cfs). However, the Drainage Report determined that the 2 -year 24 -hour storm developed peak flow rate is within 10 percent of the existing peak flow rate which meets the hydromodification criteria for the site. Therefore, the increase in these storm events is minimal and would not impact downstream facilities. The Drainage Report would be reviewed and approved by the City as part of the
development review process to ensure compliance with
existing hydrology, water quality, and drainage
Y
30
City of Beaumont
Tract Map 38926
Community Plance Exemption Analysis
TABLE 2: CEQA ENVIRONMENTAL TOPIC CHECKLIST
Beaumont General Plan 2040 GPU PEIR
Proposed Project
Impact
GPU PEIR Analysis
Mitigation
Potential Project Impact
Consistent
with GPU
PEIR? Y/N
Project will result in less than significant impacts
to surface water and ground water quality and
no mitigation is necessary.
The 2040 GP Policies will not conflict with the
management efforts of the Beaumont Basin
Watermaster in its oversight of the Beaumont
Basin. The other groundwater basin in the
Planning Area will be managed by a GSA and
a GSP beginning 2022. The 2040 GP goals,
policies, and implementation action support
efforts that are aligned with sustainable
groundwater management, including
protecting and monitoring water quality,
increasing opportunities for recharge, and
funding existing and future water facilities.
Therefore, through the implementation of the
2040 GP goals, policies, and implementation
and compliance with existing regulations for
protection of water quality and groundwater
management, impacts to sustainable
groundwater management from the adoption
and implementation of the 2040 GP will be less
than significant.
Through implementation of 2040 GP goals,
policies, and implementation actions and
existing regulations, erosional/siltation and
flooding impacts from changes to the existing
drainage patterns and increasing
imperviousness from adoption and
implementation of the 2040 GP are less than
significant and no mitigation is required.
requirements. Additionally, with implementation of the
operational source and treatment control Low Impact
Development (LID) design that are outlined in the
Preliminary WQMP (Appendix D), which would also be
reviewed and approved by the City during the permitting and approval process, potential pollutants would be
reduced to the maximum extent feasible, and
implementation of the proposed Project would not
substantially degrade water quality.
31
City of Beaumont
Tract Map 38926
Community Plance Exemption Analysis
TABLE 2: CEQA ENVIRONMENTAL TOPIC CHECKLIST
Beaumont General Plan 2040 GPU PEIR
Proposed Project
Impact
GPU PEIR Analysis
Mitigation
Potential Project Impact
Consistent
with GPU
PEIR? Y/N
Through implementation of existing regulations,
and future project -specific analyses and
planning required by 2040 GP goals, policies,
and implementation actions, adoption and
implementation of the 2040 GP will not exceed
the capacity of drainage systems, or provide
substantial additional sources of polluted
runoff. Therefore, impacts to existing or
planned stormwater drainage systems from the
alteration of drainage patterns and the
addition of impervious area in the Planning
Area will be less than significant.
Through implementation of existing regulations,
and the 2040 GP goals, policies, and
implementation, adoption and implementation
of the 2040 GP and revised Zoning Map,
future projects within the Planning Area will not
substantially alter existing drainage patterns
so as to impede or redirect flood flows, and
impacts from flood flows are less than
significant.
The regulations of Beaumont Municipal Code
chapter 15.24 (Floodplain Management)
restrict land uses that are dangerous to health,
safety, and property due to water or erosion
hazards and require land uses vulnerable to
flood be protected against flood damage at
the time of initial construction. Further, 2040 GP
Policy 6.7.1 prohibit new non-residential uses
that are known to release or emit toxic waste
at levels that are harmful to human health while
continuing to allow necessary services. Future
32
City of Beaumont
Tract Map 38926
Community Plance Exemption Analysis
TABLE 2: CEQA ENVIRONMENTAL TOPIC CHECKLIST
Beaumont General Plan 2040 GPU PEIR
Proposed Project
Impact
GPU PEIR Analysis
Mitigation
Potential Project Impact
Consistent
with GPU
PEIR? Y/N
implementing projects will be required to
incorporate flood control methods to minimize
the risk to life and property pursuant to current
regulations, City Municipal Code, and 2040
GP goals, policies, and implementation actions
discussed in Sections 5.9.2 and 5.9.3,
respectively. The City is located approximately
52 miles from the nearest (Pacific) ocean.
Therefore, the Planning Area is too far away
from the nearest ocean to have any meaningful
tsunami risk. Pursuant to 2040 GP goals,
policies, and implementation, future projects
will be required to mitigate potential flooding,
such as preventing adverse drainage impacts
to adjacent properties and the adequate siting
of structures located within flood plains.
Therefore, with implementation of 2040 GP
goals, policies, and implementation and
compliance with existing regulations, impacts
associated with the risk of pollutants from
seiches and flooding that may result from
adoption and implementation of the 2040 GP
and revised Zoning Map will be less than
significant and no mitigation is required.
Through compliance with existing regulations
and the 2040 GP goals, policies, and
implementation actions, adoption and
implementation of the proposed 2040 GP will
not conflict with or obstruct implementation a
water quality control plan or sustainable
groundwater management plan. Therefore,
impacts in this regard will be less than
significant and no mitigation is required.
33
City of Beaumont
Tract Map 38926
Community Plance Exemption Analysis
TABLE 2: CEQA ENVIRONMENTAL TOPIC CHECKLIST
Beaumont General Plan 2040 GPU PEIR
Proposed Project
Impact
GPU PEIR Analysis
Mitigation
Potential Project Impact
Consistent
with GPU
PEIR? Y/N
Land Use
LTS
Less than Significant
The 2040 GP would have a less than significant
impact associated with the physical division of
an established community. The policies and
actions listed in the 2040 GP would ensure that
future development is compatible with adjacent
communities and land issues.
The 2040 GP would not conflict with any land
use plan, policy, or regulation adopted for the
purpose of avoiding or mitigating an
environmental effect.
No mitigation measures are required.
Less than Significant
The Project is consistent with land use and zoning and would not result in the division of an established community nor would it conflict with an applicable land use plan, policy, or regulation of an agency with jurisdiction over the
Project.
Y
Mineral Resources
LTS
Less than Significant
The Planning Area does not contain any "locally
important mineral resource recovery sites."
Although the current Zoning Ordinance has a
Mineral Resources Overlay Zone (Section
17.03.160), neither the City's 2006 General
Plan, existing Zoning Map, or any specific plan
within the Planning Area identifies a locally -
important mineral resource recovery site.
Therefore, impacts in this regard are
considered to be less than significant.
No mitigation measures are required.
Less than Significant
The Project site is not zoned for or used for mineral
extraction activities. The site has not been previously used for mineral related activities, and no known mineral
resources are known to occur on the site.
Y
Noise
SU
Significant and Unavoidable
Long-term noise: Implementation of 2040 GP
Policies 10.1.2, 10.1.3, 10.1.4, 10.1.5,
10.31.8, 10.2.1, 10.2.2, 10.2.3, 10.2.4,
10.2.5, 10.2.6, and 1 0.2.7 and Implementation
actions N2, N3, N5, and N10 would ensure that
noise impacts are considered as individual
No feasible mitigation measures are
available.
Policy 10-1.4: Incorporate noise
considerations into land use planning
decisions. Require the inclusion of noise
mitigation measures, cis may be
Less than Significant
Impacts related to noise and vibration are anticipated to be less than significant with implementation of 2040 GP Policies and implementation actions and with adherence to Municipal Code requirements. Additionally, the proposed residential uses would be consistent with the existing noise environment of the surrounding uses which consist of single - Y
34
City of Beaumont
Tract Map 38926
Community Plance Exemption Analysis
TABLE 2: CEQA ENVIRONMENTAL TOPIC CHECKLIST
Beaumont General Plan 2040 GPU PEIR
Proposed Project
Impact
GPU PEIR Analysis
Mitigation
Potential Project Impact
Consistent
with GPU
PEIR? Y/N
development projects and transportation
improvements are proposed; and, if necessary,
appropriate, site -specific noise attenuation
techniques are incorporated into future
development and transportation project
designs. With implementation of proposed
Project policies and implementation actions,
increases in roadway noise at existing noise
sensitive receptors would be reduced to the
degree feasible. However, future noise levels
could still exceed thresholds. Therefore, impacts
from permanent noise are considered
significant and unavoidable.
Less than Significant
Short-term noise: The City has adopted specific
standards for construction noise under Title 9
Public Peace, Morals and Welfare, Chapter
9.02 Noise Control. Section 9.02.110F of the
BMC specifically exempts noise sources
associated with landscape maintenance,
construction, including erection, excavation,
demolition, alteration, or repair of any
structure or improvement, provided that such
activities do not take place between the hours
of 6 p.m. and 7 a.m. However, sound levels are
not permitted to exceed 55 dBA for more than
15 minutes per hour, as measured in the interior
of the nearest occupied residence or school.
2040 GP Implementation action N2, which
requires project -specific acoustical studies, and
Implementation actions N7, N8, and N9, which
set forth standards for the operation of
construction equipment, require equipment
necessary to meet standards, in the
design of new development projects in
the City.
Policy 10-1.5: Require projects involving
new development or modifications to
existing development to implement
measures, where necessary, to reduce
noise levels to at least the normally
compatible range. Design measures
should focus on architectural features
and building design and construction,
rather than site design features, such as
excessive setbacks, berms, and sound
walls, to maintain compatibility with
adjacent and surrounding uses.
family residences and a school. Impacts related to noise would be less than significant.
The Project would include a Project Design Feature (PDF N - 1) to prohibit the use of heavy construction equipment
within 15 feet of the property lines which would ensure vibration from construction equipment would not damage
adjacent structures. Therefore, impacts related to vibration would be less than significant.
35
City of Beaumont
Tract Map 38926
Community Plance Exemption Analysis
TABLE 2: CEQA ENVIRONMENTAL TOPIC CHECKLIST
Beaumont General Plan 2040 GPU PEIR
Proposed Project
Impact
GPU PEIR Analysis
Mitigation
Potential Project Impact
Consistent
with GPU
PEIR? Y/N
staging areas to be located to as far away for
noise sensitive receptors as feasible, and
incorporation noise attenuation measures such
cis temporary bound barriers during certain
construction phases. In addition, per Section
9.02.110(F) of the BMC, whenever a
construction site is within one -quarter of a mile
of an occupied residence or residences, no
construction activities shall be undertaken
between the hours of 6:00 p.m. and 6:00 a.m.
during the months of June through September
and between the hours of 6:00 p.m. and 7:00
a.m. during the months of October through
May. Therefore, through implementation of the
2040 GP Noise Element and compliance with
the BMC, temporary construction -related noise
impacts are considered less than significant.
Compliance with the applicable provisions of
Chapter 9.02 of the BMC and the 2040 GP
policies and implementation actions listed
above would limit construction hours, identify
appropriate project -specific mitigation, and
reduce construction -related vibration impacts.
Therefore, impacts related to vibration are
considered less than significant.
No private or public airport is located within
two miles of the Beaumont Planning Area. The
closest airport is the Banning Municipal Airport,
located approximately five (5) miles east of
the eastern Planning Area boundary. Because
the Planning Area is not located in the 55 dBA
CNEL, 60 dBA CNEL, or 65 dBA CNEL noise
36
City of Beaumont
Tract Map 38926
Community Plance Exemption Analysis
TABLE 2: CEQA ENVIRONMENTAL TOPIC CHECKLIST
Beaumont General Plan 2040 GPU PEIR
Proposed Project
Impact
GPU PEIR Analysis
Mitigation
Potential Project Impact
Consistent
with GPU
PEIR? Y/N
contours of the Banning Municipal Airport
(Banning 2007), impacts related to the
exposure of people to excessive airport noise
levels would be less than significant.
Population and Housing
LTS
Less than Significant
The updated General Plan includes land use
designations that would allow new residential
uses and nonresidential development,
generally focused on revitalization including a
mixed -use downtown and developing the City
with a mix of housing types and new
commercial and industrial opportunities
involving an average overall growth rate of 18
percent at buildout or an annual projected
growth rate of 0.9 percent. The land use
concept in the 2040 GP has been developed
to accommodate projected population
increases. Thus, adoption and implementation
of the 2040 GP would not result in a substantial
increase in population growth because the City
has planned for the growth forecast in the
2040 GP. Therefore, impacts would be less
than significant.
The 2040 GP will not displace substantial
numbers of housing units or people and will not
necessitate the construction of replacement
housing elsewhere. No demolition or substantial
change in land use designation that would
result in the displacement of residents is
proposed in the General Plan. Therefore,
impacts associated with implementation of the
2040 GP relative to displacement of a
No mitigation measures are required.
Less than Significant
The Project is consistent with the land use and zoning
designation for the site and is within the allowable density.
Thus, impacts would be less than significant.
Y
37