object to the rate and method of maximum special tax. In compliance with Proposition 218, the property owner shall agree to approve the mail ballot proceeding (special election) for either formation of the CFD or annexation into an existing district that may already be established. The Developer must notify the Special Districts Division at 951.413.3480 or [email protected] of its intent to record the final map for the development 90 days prior to City Council action authorizing recordation of the map. This allows adequate time to be in compliance with the provisions of Article 13C of the California Constitution. (California Government Code Section 53313 et. seq.)
160. The existing parkway/median along the frontage of the project shall be brought to current City Standards. Improvements may include but are not limited to: plant material, irrigation, and hardscape.
161. The ongoing maintenance of any landscaping required to be installed behind the curb shall be the responsibility of the property owner. 162. Any damage to existing landscape areas maintained by the City of Moreno Valley due to project construction shall be repaired/replaced by the Developer, or Developer’s successors in interest, at no cost to the City of Moreno Valley. 163. PARKS MAINTENANCE FUNDING. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or fund an endowment) to provide an ongoing funding source for the continued maintenance, enhancement, and or retrofit of parks, open spaces, linear parks, and/or trails systems, and programs.
This condition must be fully satisfied prior to issuance of the 1st Certificate of Occupancy. This condition will be satisfied with the successful annexation/formation (i.e. special election process) into a special financing district and payment of all costs associated with the special election process. Annexation into a special financing district requires an annual payment of the annual special tax, assessment, or fee levied against the property tax bill, or other lawful means, of the parcels of the project for such district. At the time of the public hearing to consider annexation into or formation of the district, the qualified elector(s) will not protest the annexation or formation, but will retain the right to object to any eventual tax/assessment/fee that is not equitable should the financial burden of the tax/assessment/fee not be reasonably proportionate to the benefit the affected property receives from the improvements to be installed and/or maintained or services provided. The special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, and consistent with the scheduling for City Council meetings.
Alternatively, the condition can be satisfied by the Developer funding an endowment in an amount sufficient to yield an annual revenue stream that meets the annual obligation. The Developer must contact Special Districts Administration at F.1.y
Packet Pg. 3501 Attachment: Exhibit A to Resolution for Tentative Parcel Map 37944 - Conditions of Approval (5554 : PEN20-0118-0119, PEN20-0122 and PEN
CONDITIONS OF APPROVAL
(PEN20-0120, PEN20-0121 & PEN20-0124)
951.413.3470 or at [email protected] to satisfy this condition.
Transportation Engineering Division
164. Conditions of approval may be modified or added if a phasing plan is submitted for this development.
165. All proposed on-site traffic signing and striping should be accordance with the latest California Manual on Uniform Traffic Control Devices (CAMUTCD). 166. Sight distance at the proposed roadways and driveways shall conform to City of Moreno Valley Standard No. MVSI-164A,B,C-0 at the time of preparation of final grading, landscape, and street improvement plans.
167. Communication conduit along Alessandro Boulevard shall be required per City Standard No. MVSI-186-0. Any improvements undertaken by this project shall be consistent with the City standards for this facility.
168. Alessandro Boulevard is designated as a 6-Lane Divided Arterial (134' RW/110'CC) per City Standard Plan No. MVSI-101A and shall be improved to its ultimate half-width plus 23' with median and necessary transition improvements.
The existing eastbound left turn pocket at the intersection of Graham Street and Alessandro Boulevard shall be modified to provide 250 feet of vehicle storage. A Class II Bikeway shall be provided along project frontage. 169. Prior to issuance of an encroachment permit, construction traffic control plans shall be prepared by a qualified, registered Civil or Traffic engineer and submitted for plan approval.
170. Prior to final approval of any landscaping or monument sign plans, the project plans shall demonstrate that sight distance at the project driveways conforms to City Standard Plan No. MVSI-164A, B, C-0.
171. Prior to the final approval of the street improvement plans, a signing and striping plan shall be prepared per City of Moreno Valley Standard Plans - Section 4 for Alessandro Boulevard.
172. Prior to issuance of a Building Final or Certificate of Occupancy, all approved signing and striping shall be installed per current City Standards 173. All project driveways shall conform to Section 9.11.080, and Table 9.11.080-14 of the City’s Development Code – Design Guidelines and City of Moreno Valley Standard Plans No. MVSI-112C-0 for commercial driveway approaches. Access at all driveways shall be right-in and right-out access only.
F.1.y
Packet Pg. 3502 Attachment: Exhibit A to Resolution for Tentative Parcel Map 37944 - Conditions of Approval (5554 : PEN20-0118-0119, PEN20-0122 and PEN
CONDITIONS OF APPROVAL
(PEN20-0120, PEN20-0121 & PEN20-0124)
174. Prior to final approval of the street improvement plans, a median modification plan shall be required to modify the existing raised, landscaped median on Alessandro Boulevard, west of Graham Street. The median shall be designed per current City Standards to extend the eastbound left-turn storage length to 250 feet at the Alessandro Boulevard/graham Street intersection.
175. During construction activity, developer is responsible for regularly scheduled street sweeping per approved street sweeping schedule. Failure to provide regularly scheduled street sweeping during construction activity at the approved times shall result in re-inspection fees (amounts to be determined by City Engineer) and/or project suspension until street sweeping is provided.
F.1.y
Packet Pg. 3503 Attachment: Exhibit A to Resolution for Tentative Parcel Map 37944 - Conditions of Approval (5554 : PEN20-0118-0119, PEN20-0122 and PEN 1 RESOLUTION NUMBER 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY APPROVING PLOT PLANS PEN20-0121 AND PEN20-0124
FOR THE COMPASS DANBE CENTERPOINTE PROJECT LOCATED
ON THE SOUTH SIDE OF ALESSANDRO BOULEVARD BETWEEN
FREDERICK STREET AND GRAHAM STREET (APN’S 297-170-002
AND 003)
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California, and
WHEREAS, CDRE Holdings LLC., (“Developer”) has filed an application for the approval of the Compass Danbe Centerpointe Project, which includes the approval of Plot Plans PEN20-0121 and PEN20-0124 (“Applications”) for the development of two light industrial buildings approximately 290,726 and 98,877 square feet in size with associated public improvements (“Project”) located on the south side of Alessandro Boulevard between Frederick Street and Graham Street (APN’s 297-170-002 and 003) (“Project Site”); and
WHEREAS, Section 9.02.070 (Plot Plan) of the Moreno Valley Municipal Code acknowledges that the purpose of plot plans is to provide a mechanism by which all new construction of industrial, commercial or multiple-family residential can be reviewed when not subject to other discretionary review processes which have review authority over project design; and
WHEREAS, the Application has been evaluated in accordance with Section
9.02.070 (Plot Plan) of the Municipal Code with consideration given to the City’s General Plan, Zoning Ordinance, and other applicable laws and regulations; and WHEREAS, Section 9.02.070 of the Municipal Code imposes conditions of approval upon projects for which a Plot Plan is required, which conditions may be imposed by the City to address on-site improvements, off-site improvements, the manner in which the site is used and any other conditions as may be deemed necessary to protect the public health, safety and welfare and ensure that the proposed Project will be developed in accordance with the purpose and intent of Title 9 (Planning and Zoning) of the Municipal Code; and
WHEREAS, Staff has presented for the City Council’s consideration Conditions of Approval to be imposed upon Plot Plans PEN20-0121 and PEN20-0124, which conditions have been deemed necessary to protect the public health, safety and welfare and ensure that the proposed Project will be developed in accordance with the purpose and intent of Title 9 (Planning and Zoning) of the Municipal Code; and WHEREAS, pursuant to the provisions of Section 9.02.200 (Public Hearing and Notification Procedures) of the Municipal Code and Government Code section 65905, a public hearing before the Planning Commission was scheduled for August 26, 2021, and F.1.z
Packet Pg. 3504 Attachment: Resolution 2022- Plot Plans [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 2 notice thereof was duly published and posted, and mailed to all property owners of record within 600 feet of the Site; and
WHEREAS, on August 21, 2021, the public hearing to consider the Application was duly conducted by the Planning Commission at which time all interested persons were provided with an opportunity to testify and to present evidence; and WHEREAS, on August 21, 2021 a hearing was conducted by the Planning Commission to consider a recommendation that the City Council approve the Plot Plan; and
WHEREAS, on August 21, 2021 a hearing was conducted by the Planning Commission whereby the Planning Commission approved Planning Commission Resolution 2021-28, a recommendation that the City Council approve the Plot Plan; and WHEREAS, pursuant to the provisions of Section 9.02.200 (Public Hearing and Notification Procedures) of the Municipal Code and Government Code section 65905, a public hearing was scheduled for January 18, 2022 and notice thereof was duly published and posted, and mailed to all property owners of record within 600 feet of the Project Site; and
WHEREAS, on October 15, 2021, the City Council continued the item to a date uncertain.
WHEREAS, on January 18, 2022, the public hearing to consider the Applications was duly conducted by the City Council at which time all interested persons were provided with an opportunity to testify and to present evidence; and WHEREAS, consistent with the requirements of Section 9.02.070 (Plot Plan) of the Municipal Code, at the public hearing the City Council considered Conditions of Approval to be imposed upon Plot Plans PEN20-0121 and PEN20-0124, which conditions were prepared by Planning Division staff who deemed said conditions to be necessary to protect the public health, safety and welfare and to ensure the proposed Project will be developed in accordance with the purpose and intent of Title 9 (Planning and Zoning) of the Municipal Code; and
WHEREAS, at the public hearing, the City Council considered whether each of the requisite findings specified in Section 9.02.070 of the Municipal Code and set forth herein could be made with respect to the proposed Project as conditioned by Conditions of Approval; and
WHEREAS, on January 18, 2022, in accordance with the provisions of the California Environmental Quality Act (CEQA) and CEQA Guidelines, the City Council approved Resolution 2022-XX adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Compass Danbe Centerpointe Project located on the south side of Alessandro Boulevard between Frederick Street and Graham Street (APN’s 297-170-002 and 003).
F.1.z
Packet Pg. 3505 Attachment: Resolution 2022- Plot Plans [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals and Exhibits
That the foregoing Recitals and attached Exhibits are true and correct and are hereby incorporated by this reference.
Section 2. Notice
That pursuant to Government Code section 66020(d)(1), notice is hereby given that the proposed project is subject to certain fees, dedications, reservations and other exactions as provided herein.
Section 3. Evidence
That the City Council has considered all of the evidence submitted into the administrative record for the proposed Plot Plans, including, but not limited to, the following:
(a) Moreno Valley General Plan and all other relevant provisions contained therein;
(b) Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code and all other relevant provisions referenced therein;
(c) Application for the approval of Plot Plans PEN20-0121 and PEN20-0124 and all documents, records and references contained therein; (d) Conditions of Approval for Plot Plans PEN20-0121 and PEN20-0124, attached hereto as Exhibit A;
(e) Staff Report prepared for the City Council’s consideration and all documents, records and references related thereto, and Staff’s presentation at the public hearing;
(f) Testimony and/or comments from Applicant and its representatives during the public hearing; and
(g) Testimony and/or comments from all persons that was provided in written format or correspondence, at, or prior to, the public hearing.
Section 4. Findings
That based on the foregoing Recitals and the Evidence contained in the Administrative Record as set forth above, the City Council makes the following findings in approving Plot Plans PEN20-0121 and PEN20-0124
(a) The proposed project is consistent with the goals, objectives, policies and programs of the general plan;
(b) The proposed project complies with all applicable zoning and other regulations;
(c) The proposed project will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity; F.1.z
Packet Pg. 3506 Attachment: Resolution 2022- Plot Plans [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 4 (d) The location, design and operation of the proposed project will be compatible with existing and planned land uses in the vicinity.
Section 5. Approval
That based on the foregoing Recitals, Evidence contained in the Administrative Record and Findings set forth above, the City Council hereby approves Plot Plans PEN20-0121 and PEN20-0124 subject to the Conditions of Approval for Plot Plans PEN20-0121 and PEN20-0124 attached hereto as Exhibit A.
Section 6. Repeal of Conflicting Provisions
That all the provisions as heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.
Section 7. Severability
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
Section 8. Effective Date
That this Resolution shall take effect immediately upon the date of adoption.
Section 9. Certification
That the City Clerk for the City Council shall certify to the passage of this Resolution.
PASSED AND ADOPTED THIS ___ day of _____________, 2022
CITY OF MORENO VALLEY
CITY COUNCIL
_________________________
Dr. Yxstian A. Gutierrez,
Mayor of the City of Moreno Valley
ATTEST:
_________________________
Pat Jacquez-Nares, City Clerk
F.1.z
Packet Pg. 3507 Attachment: Resolution 2022- Plot Plans [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 5 APPROVED AS TO FORM:
_________________________
Steven B. Quintanilla,
Interim City Attorney
Exhibits:
Exhibit A: Conditions of Approval PEN20-0121 and PEN20-0124 F.1.z
Packet Pg. 3508 Attachment: Resolution 2022- Plot Plans [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 6 Exhibit A
CONDITIONS OF APPROVAL PEN20-0121 and PEN20-0124
F.1.z
Packet Pg. 3509 Attachment: Resolution 2022- Plot Plans [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe)
CONDITIONS OF APPROVAL
(PEN20-0120, PEN20-0121 & PEN20-0124)
CITY OF MORENO VALLEY CONDITIONS OF APPROVAL
(PEN20-0120, PEN20-0121 & PEN20-0124)
EFFECTIVE DATE:
EXPIRATION DATE:
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. A change or modification to the land use or the approved site plans may require a separate approval. Prior to any change or modification, the property owner shall contact the City of Moreno Valley Community Development Department to determine if a separate approval is required.
2. Any expansion to this use or exterior alterations will require the submittal of a separate application(s) and shall be reviewed and approved under separate permit(s). (MC 9.02.080)
3. The developer, or the developer's successor-in-interest, shall be responsible for maintaining any undeveloped portion of the site in a manner that provides for the control of weeds, erosion and dust. (MC 9.02.030)
4. The site shall be developed in accordance with the approved plans on file in the Community Development Department - Planning Division, the Municipal Code regulations, General Plan, and the conditions contained herein. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Official. (MC
9.14.020)
5. Any signs indicated on the submitted plans are not included with this approval. Any signs, whether permanent (e.g. wall, monument) or temporary (e.g. banner, flag), require separate application and approval by the Planning Division. No signs are permitted in the public right of way. (MC 9.12)
Special Conditions
6. All site plans, grading plans, landscape and irrigation plans, lighting plans and street improvement plans shall be coordinated for consistency with this approval.
7. This approval shall comply with all applicable requirements of the City of Moreno Valley Municipal Code.
F.1.aa
Packet Pg. 3510 Attachment: Exhibit A to Plot Plan Resolution - Conditions of Approval [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124
CONDITIONS OF APPROVAL
(PEN20-0120, PEN20-0121 & PEN20-0124)
8. Prior to building final, the developer/owner or developer's/owner’s successor-in-interest shall pay all applicable impact fees, including but not limited to Transportation Uniform Mitigation fees (TUMF), and the City’s adopted Development Impact Fees. (Ord)
9. Prior to the issuance of grading permits, final erosion control landscape and irrigation plans for all cut or fill slopes over 3 feet in height shall be submitted to and approved by the Planning Division. The plans shall be designed in accordance with the slope erosion plan as required by the City Engineer. Man-made slopes greater than 10 feet in height shall be "land formed" to conform to the natural terrain and shall be landscaped and stabilized to minimize visual scarring. (GP Objective 1.5, MC 9.08.080, DG)
10. Prior to recordation of the final map, final median enhancement/landscape/irrigation plans shall be submitted to and approved by the Planning Division, and Public Works Department - Special Districts Division for review and approval by each division. (GP - Circulation Master Plan)
11. All landscaped areas in perpetuity shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. (MC 9.02.030)
12. This tentative map and plot plans shall expire three years after the approval date of this tentative map unless extended as provided by the City of Moreno Valley Municipal Code; otherwise it shall become null and void and of no effect whatsoever in the event the applicant or any successor in interest fails to properly file a final map before the date of expiration. (MC 9.02.230, 9.14.050, 080)
13. Prior to the issuance of grading permits, mitigation measures contained in the Mitigation Monitoring Program approved with this project shall be implemented as provided therein.
14. Prior to any site disturbance and/or grading plan submittal, and or final map recordation, a mitigation monitoring fee, as provided by City ordinance, shall be paid by the applicant/owner. No City permit or approval shall be issued until such fee is paid. (CEQA)
15. Prior to issuance of a building permit, the developer/property owner or developer's successor-in-interest shall pay all applicable impact fees due at permit issuance, including but not limited to Multi-species Habitat Conservation Plan (MSHCP) mitigation fees. (Ord.)
16. Within thirty (30) days prior to any grading or other land disturbance, a pre-construction survey for Burrowing Owls shall be conducted pursuant to the established guidelines of Multiple Species Habitat Conservation Plan. The pre-construction survey shall be submitted to the Planning Division prior to any F.1.aa
Packet Pg. 3511 Attachment: Exhibit A to Plot Plan Resolution - Conditions of Approval [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124
CONDITIONS OF APPROVAL
(PEN20-0120, PEN20-0121 & PEN20-0124)
disturbance of the site and/or grading permit issuance.
17. Prior to the issuance of grading permits, a temporary project identification sign shall be erected on the site in a secure and visible manner. The sign shall be conspicuously posted at the site and remain in place until occupancy of the project .
The sign shall include the following: The name and address of the development and the developer's name and address to include a 24-hour emergency phone number.
18. Prior to approval of any grading permits, plans for any security gate system shall be submitted to and approved by to the Planning Division.
19. Prior to issuance of grading permits, the developer shall pay the applicable Stephen’s’ Kangaroo Rat (SKR) Habitat Conservation Plan mitigation fee.
20. Prior to the issuance of any grading permits and prior to any physical disturbance of any natural drainage course, or any wetland determined to contain riparian vegetation, the applicant shall obtain a stream bed alteration agreement or permit, or a written waiver of the requirement for such an agreement or permit, from both the California Department of Fish and Game, the U.S. Army Corps of Engineers, and Regional Water Quality Control Board, as required. Written verification of such a permits or waivers shall be provided to both the Planning Division and the Public Works Department - Land Development Division. (CEQA, State and Federal codes)
21. Prior to recordation of the final subdivision map, the following documents shall be submitted to and approved by the Planning Division which shall demonstrate that the project will be developed and maintained in accordance with the intent and purpose of the approval:
a. The document to convey title
b. Deed restrictions, easements, or Covenants, Conditions and Restrictions to be recorded
The approved documents shall be recorded at the same time that the subdivision map is recorded. The documents shall contain provisions for general maintenance of the site, joint access to proposed parcels, open space use restrictions, conservation easements, parking, feeder trails, water quality basins, lighting, landscaping and common area use items such as general building maintenance.
The approved documents shall also contain a provision, which provides that they may not be terminated and/or substantially amended without the consent of the City and the developer's successor-in-interest. (MC 9.14.090) In addition, the following deed restrictions and disclosures shall be included within the document and grant deed of the properties:
a. The developer shall promote the use of native plants and trees and drought F.1.aa
Packet Pg. 3512 Attachment: Exhibit A to Plot Plan Resolution - Conditions of Approval [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124
CONDITIONS OF APPROVAL
(PEN20-0120, PEN20-0121 & PEN20-0124)
tolerant species.
b. All lots designated for open space and or detention basins, shall be included as an easement to, and maintained by a Homeowners Association (HOA) or other private maintenance entity. All reverse frontage landscape areas shall also be maintained by the onsite HOA. Language to this effect shall be included and reviewed within the required Covenant Conditions and Restrictions (CC&Rs) prior to the approval of the final map.
c. Maintenance of any and all common facilities.
22. Applicant/Developer shall defend, indemnify and hold harmless City, city council, commissions, boards, subcommittees and City’s elected and appointed officials, commissioners, board members, officers, agents, consultants and employees (“City Parties”) from and against any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following items: (i) any agreements by and among City and Developer including without limitation any Development Agreement, (ii) any and all permits, licenses and entitlements approved by City; (iii) any environmental determination made by City in connection with the Project Site or Project; and (iv) any proceedings or other actions undertaken by City in connection with the adoption or approval of any of the above.
23. The project shall be designed and constructed to meet LEED Silver Equivalent with evidence provided to the City. A change or modification shall require separate approval.
24. The site has been approved for a Tentative Parcel Map 37944 to subdivide the lots into two parcels and two light industrial warehouse buildings. Building 1 will be approximately 290,726 square feet and Building 2 will be approximately 98,877 square feet with associated on-site and off-site improvements designed per the approved plans.
25. This approval includes the Tentative Parcel Map 37944 and two Plot Plans for the construction of two light industrial buildings to be completed as one project. All improvements both on-site and off-site shall be completed prior to building shell final of any one building. If the construction of one building is postposed, the parcel /pad area shall be maintained with landscaping and screening as approved by the Community Development Director.
26. Should the applicant/property owner elect to not construct one of the buildings, the building pad shall be precise graded and hydroseeded to prevent dust and erosion.
27. Prior to the start of any construction, temporary security fencing shall be erected.
The fencing shall be a minimum of six (6) feet high with locking, gated access and F.1.aa
Packet Pg. 3513 Attachment: Exhibit A to Plot Plan Resolution - Conditions of Approval [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124
CONDITIONS OF APPROVAL
(PEN20-0120, PEN20-0121 & PEN20-0124)
shall remain through the duration of construction. Security shall remain in place until the project is completed or the above conditions no longer exist. (Security fencing is required if there is: construction, unsecured structures, unenclosed storage of materials and/or equipment, and/or the condition of the site constitutes a public hazard).
Prior to Building Permit
28. Prior to issuance of any building permits, final landscaping and irrigation plans shall be submitted for review and approved by the Planning Division. The plans shall be prepared in accordance with the City's Landscape Requirements to include a drought tolerant palette. (9.17)
29. Prior to issuance of any building permit, all Conditions of Approval, Mitigation Measures and Airport Land Use Commission Conditions of Approval shall be printed on the building plans.
30. Prior to the issuance of grading permits, decorative (e.g. colored/scored concrete or as approve by the Planning Official) pedestrian pathways across circulation aisles/paths shall be provided throughout the development to connect dwellings with open spaces and/or recreational uses or commercial/industrial buildings with open space and/or parking. and/or the public right-of-way. The pathways shall be shown on the precise grading plan. (GP Objective 46.8, DG)
31. Prior to issuance of building permits, the Planning Division shall review and approve the location and method of enclosure or screening of transformer cabinets, commercial gas meters and back flow preventers as shown on the final working drawings. Location and screening shall comply with the following criteria:
transformer cabinets and commercial gas meters shall not be located within required setbacks and shall be screened from public view either by architectural treatment or landscaping; multiple electrical meters shall be fully enclosed and incorporated into the overall architectural design of the building(s); back-flow preventers shall be screened by landscaping. (GP Objective 43.30)
32. Prior to issuance of any grading permit, all Conditions of Approval, Mitigation Measures and Airport Land Use Commission Conditions of Approval shall be printed on the grading plans.
33. Prior to approval of any grading permits, plans for any security gate system shall be submitted to and approved by to the Planning Division.
34. Prior to issuance of grading permits, the developer shall submit fence/wall plans to be included in the Building and Safety submittal for review and approval consistent with the approved plans, the Landscape Requirements and the Municipal Code.
F.1.aa
Packet Pg. 3514 Attachment: Exhibit A to Plot Plan Resolution - Conditions of Approval [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124
CONDITIONS OF APPROVAL
(PEN20-0120, PEN20-0121 & PEN20-0124)
35. Prior to the issuance of grading permits, a temporary project identification sign shall be erected on the site in a secure and visible manner. The sign shall be conspicuously posted at the site and remain in place until occupancy of the project .
The sign shall include the following:
a. The name (if applicable) and address of the development. b. The developer’s name, address, and a 24-hour emergency telephone number.
36. Photometric Plans shall be submitted to the Building and Safety Division for review and approval as part of the lighting and electrical building plan submittal.
37. Prior to the issuance of grading permits, the site plan and grading plans shall show decorative hardscape (e.g. colored concrete, stamped concrete, pavers or as approved by the Planning Official) consistent and compatible with the design, color and materials of the proposed development for all driveway ingress/egress locations of the project.
Prior to Building Final or Occupancy
38. Prior to building final, all required landscaping and irrigation shall be installed per plan, certified by the Landscape Architect and inspected by the Planning Division. (MC 9.03.040, MC 9.17).
39. Prior to building final, all required and proposed fences and walls shall be constructed according to the approved plans on file in the Planning Division. (MC
9.080.070).
Building Division
40. The proposed non-residential project shall comply with the latest Federal Law, Americans with Disabilities Act, and State Law, California Code of Regulations, Title 24, Chapter 11B for accessibility standards for the disabled including access to the site, exits, bathrooms, work spaces, etc.
41. Building plans submitted shall be signed and sealed by a California licensed design professional as required by the State Business and Professions Code.
42. All new structures shall be designed in conformance to the latest design standards adopted by the State of California in the California Building Code, (CBC) Part 2, Title 24, California Code of Regulations including requirements for allowable area, occupancy separations, fire suppression systems, accessibility, etc.
F.1.aa
Packet Pg. 3515 Attachment: Exhibit A to Plot Plan Resolution - Conditions of Approval [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124
CONDITIONS OF APPROVAL
(PEN20-0120, PEN20-0121 & PEN20-0124)
43. Prior to submittal, all new development, including residential second units, are required to obtain a valid property address prior to permit application. Addresses can be obtained by contacting the Building Safety Division at 951.413.3350.
44. Contact the Building Safety Division for permit application submittal requirements.
45. All new buildings 10,000 square feet and over, shall include building commissioning in the design and construction processes of the building project to verify that the building systems and components meet the owner’s or owner representative’s project requirements (OPR). All requirements in The 2016 California Green Building Standards Code, sections 5.410.2 - 5.410.2.6 must be met.
46. Any construction within the city shall only be as follows: Monday through Friday seven a.m. to seven p.m(except for holidays which occur on weekdays), eight a.m. to four p.m.; weekends and holidays (as observed by the city and described in the Moreno Valley Municipal Code Chapter 2.55), unless written approval is first obtained from the Building Official or City Engineer.
47. The proposed development shall be subject to the payment of required development fees as required by the City’s current Fee Ordinance at the time a building application is submitted or prior to the issuance of permits as determined by the City.
48. The proposed project will be subject to approval by the Eastern Municipal Water District and all applicable fees and charges shall be paid prior to permit issuance.
Contact the water district at 951.928.3777 for specific details.
49. The proposed project’s occupancy shall be classified by the Building Official and must comply with exiting, occupancy separation(s) and minimum plumbing fixture requirements. Minimum plumbing fixtures shall be provided per the 2016 California Plumbing Code, Table 422.1. The occupant load and occupancy classification shall be determined in accordance with the California Building Code.
50. Prior to permit issuance, every applicant shall submit a properly completed Waste Management Plan (WMP), as a portion of the building or demolition permit process. (MC 8.80.030)
ECONOMIC DEVELOPMENT DEPARTMENT (EDD)
51. New Moreno Valley businesses may work with the Economic Development Department to coordinate job recruitment fairs.
52. New Moreno Valley businesses may adopt a “First Source” approach to employee recruitment that gives notice of job openings to Moreno Valley residents for one F.1.aa
Packet Pg. 3516 Attachment: Exhibit A to Plot Plan Resolution - Conditions of Approval [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124
CONDITIONS OF APPROVAL
(PEN20-0120, PEN20-0121 & PEN20-0124)
week in advance of public recruitment.
53. New Moreno Valley businesses are encouraged to hire local residents.
54. New Moreno Valley businesses are encouraged to provide a job fair flyer and/or web announcement to the City in advance of job recruitments, so that the City can assist in publicizing these events.
55. New Moreno Valley businesses may utilize the workforce recruitment services provided by the Moreno Valley Business & Employment Resource Center (“BERC”).
The BERC offers free assistance to Moreno Valley businesses recruiting and training potential employees. Complimentary services include:
• Job Announcements
• Applicant testing / pre-screening
• Interviewing
• Job Fair support
• Training space
FIRE DEPARTMENT
Fire Prevention Bureau
56. All Fire Department access roads or driveways shall not exceed 12 percent grade. (CFC 503.2.7 and MVMC 8.36.060[G])
57. The Fire Department emergency vehicular access road shall be (all weather surface) capable of sustaining an imposed load of 80,000 lbs. GVW, based on street standards approved by the Public Works Director and the Fire Prevention Bureau. The approved fire access road shall be in place during the time of construction. Temporary fire access roads shall be approved by the Fire Prevention Bureau. (CFC 501.4, and MV City Standard Engineering Plan 108d)
58. The angle of approach and departure for any means of Fire Department access shall not exceed 1 ft drop in 20 ft (0.3 m drop in 6 m), and the design limitations of the fire apparatus of the Fire Department shall be subject to approval by the AHJ. (CFC 503 and MVMC 8.36.060)
59. Prior to construction, all locations where structures are to be built shall have an approved Fire Department access based on street standards approved by the Public Works Director and the Fire Prevention Bureau. (CFC 501.4)
60. Prior to issuance of Building Permits, the applicant/developer shall provide the Fire F.1.aa
Packet Pg. 3517 Attachment: Exhibit A to Plot Plan Resolution - Conditions of Approval [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124
CONDITIONS OF APPROVAL
(PEN20-0120, PEN20-0121 & PEN20-0124)
Prevention Bureau with an approved site plan for Fire Lanes and signage. (CFC 501.3)
61. Prior to issuance of Certificate of Occupancy or Building Final, “Blue Reflective Markers” shall be installed to identify fire hydrant locations in accordance with City specifications. (CFC 509.1 and MVLT 440A-0 through MVLT 440C-0)
62. Prior to issuance of building permits, plans specifying the required structural materials for building construction in high fire hazard severity zones shall be submitted to the Fire Prevention Bureau for approval. (CFC, 4905)
63. Prior to issuance of Certificate of Occupancy or Building Final, all commercial buildings shall display street numbers in a prominent location on the street side and rear access locations. The numerals shall be a minimum of twelve inches in height. (CFC 505.1, MVMC 8.36.060[I])
64. Existing fire hydrants on public streets are allowed to be considered available.
Existing fire hydrants on adjacent properties shall not be considered available unless fire apparatus access roads extend between properties and easements are established to prevent obstruction of such roads. (CFC 507, 501.3) a - After the local water company signs the plans, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system, including fire hydrants, shall be installed, made serviceable, and be accepted by the Moreno Valley Fire Department prior to beginning construction. They shall be maintained accessible.
65. Final fire and life safety conditions will be addressed when the Fire Prevention Bureau reviews building plans. These conditions will be based on occupancy, use, California Building Code (CBC), California Fire Code (CFC), and related codes, which are in effect at the time of building plan submittal.
66. Prior to issuance of Certificate of Occupancy or Building Final, the applicant/developer shall install a fire alarm system monitored by an approved Underwriters Laboratory listed central station based on a requirement for monitoring the sprinkler system, occupancy or use. Fire alarm panel shall be accessible from exterior of building in an approved location. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Chapter 9 and MVMC
8.36.100)
67. The Fire Code Official is authorized to enforce the fire safety during construction requirements of Chapter 33. (CFC Chapter 33 & CBC Chapter 33)
68. Fire lanes and fire apparatus access roads shall have an unobstructed width of not less than twenty–four (24) feet and an unobstructed vertical clearance of not less the thirteen (13) feet six (6) inches. (CFC 503.2.1 and MVMC 8.36.060[E]) F.1.aa
Packet Pg. 3518 Attachment: Exhibit A to Plot Plan Resolution - Conditions of Approval [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124
CONDITIONS OF APPROVAL
(PEN20-0120, PEN20-0121 & PEN20-0124)
69. Prior to issuance of Certificate of Occupancy or Building Final, the applicant/developer shall install a fire sprinkler system based on square footage and type of construction, occupancy or use. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Chapter 9, MVMC 8.36.100[D])
70. Prior to issuance of the building permit for development, independent paved access to the nearest paved road, maintained by the City shall be designed and constructed by the developer within the public right of way in accordance with City Standards. (MVMC 8.36.060, CFC 501.4)
71. Prior to issuance of a Certificate of Occupancy or Building Final, a “Knox Box Rapid Entry System” shall be provided. The Knox-Box shall be installed in an accessible location approved by the Fire Code Official. All exterior security emergency access gates shall be electronically operated and be provided with Knox key switches for access by emergency personnel. (CFC 506.1)
72. The minimum number of fire hydrants required, as well as the location and spacing of fire hydrants, shall comply with the C.F.C., MVMC, and NFPA 24. Fire hydrants shall be located no closer than 40 feet to a building. A fire hydrant shall be located within 50 feet of the fire department connection for buildings protected with a fire sprinkler system. The size and number of outlets required for the approved fire hydrants are (6” x 4” x 2 ½” x 2 ½”) (CFC 507.5.1, 507.5.7, Appendix C, NFPA 24-7.2.3, MVMC 912.2.1)
73. During phased construction, dead end roadways and streets which have not been completed shall have a turn-around capable of accommodating fire apparatus. (CFC 503.1 and 503.2.5)
74. If construction is phased, each phase shall provide an approved emergency vehicular access way for fire protection prior to any building construction. (CFC 501.4)
75. Plans for private water mains supplying fire sprinkler systems and/or private fire hydrants shall be submitted to the Fire Prevention Bureau for approval. (CFC 105 and CFC 3312.1)
76. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix B and Table B105.1.
The applicant/developer shall provide documentation to show there exists a water system capable of delivering said waterflow for 2 hour(s) duration at 20-PSI residual operating pressure. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. Specific requirements for F.1.aa
Packet Pg. 3519 Attachment: Exhibit A to Plot Plan Resolution - Conditions of Approval [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124
CONDITIONS OF APPROVAL
(PEN20-0120, PEN20-0121 & PEN20-0124)
the project will be determined at time of submittal. (CFC 507.3, Appendix B)
77. Prior to construction, all traffic calming designs/devices must be approved by the Fire Marshal and City Engineer.
78. Prior to issuance of Building Permits, the applicant/developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for review. Plans shall: a.
Be signed by a registered civil engineer or a certified fire protection engineer; b .
Contain a Fire Prevention Bureau approval signature block; and c. Conform to hydrant type, location, spacing of new and existing hydrants and minimum fire flow required as determined by the Fire Prevention Bureau. The required water system, including fire hydrants, shall be installed, made serviceable, and be accepted by the Moreno Valley Fire Department prior to beginning construction. They shall be maintained accessible.
FINANCIAL & MANAGEMENT SERVICES DEPARTMENT
Moreno Valley Utility
79. This project requires the installation of electric distribution facilities. A non-exclusive easement shall be provided to Moreno Valley Utility and shall include the rights of ingress and egress for the purpose of operation, maintenance, facility repair, and meter reading.
80. This project requires the installation of electric distribution facilities. The developer shall submit a detailed engineering plan showing design, location and schematics for the utility system to be approved by the City Engineer. In accordance with Government Code Section 66462, the Developer shall execute an agreement with the City providing for the installation, construction, improvement and dedication of the utility system following recordation of final map and/or concurrent with trenching operations and other improvements so long as said agreement incorporates the approved engineering plan and provides financial security to guarantee completion and dedication of the utility system.
The Developer shall coordinate and receive approval from the City Engineer to install, construct, improve, and dedicate to the City all utility infrastructure including but not limited to, conduit, equipment, vaults, ducts, wires (including fiber optic cable), switches, conductors, transformers, and “bring-up” facilities including electrical capacity to serve the identified development and other adjoining, abutting, or benefiting projects as determined by Moreno Valley Utility – collectively referred to as “utility system”, to and through the development, along with any appurtenant real property easements, as determined by the City Engineer necessary for the distribution and/or delivery of any and all “utility services” to and within the project.
F.1.aa
Packet Pg. 3520 Attachment: Exhibit A to Plot Plan Resolution - Conditions of Approval [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124
CONDITIONS OF APPROVAL
(PEN20-0120, PEN20-0121 & PEN20-0124)
For purposes of this condition, “utility services” shall mean electric, cable television, telecommunication (including video, voice, and data) and other similar services designated by the City Engineer. “Utility services” shall not include sewer, water, and natural gas services, which are addressed by other conditions of approval.
The City, or the City’s designee, shall utilize dedicated utility facilities to ensure safe, reliable, sustainable and cost effective delivery of utility services and maintain the integrity of streets and other public infrastructure. Developer shall, at developer's sole expense, install or cause the installation of such interconnection facilities as may be necessary to connect the electrical distribution infrastructure within the project to the Moreno Valley Utility owned and controlled electric distribution system.
81. Existing Moreno Valley Utility electrical infrastructure shall be preserved in place.
The developer will be responsible, at developer’s expense, for any and all costs associated with the relocation of any of Moreno Valley Utility’s underground electrical distribution facilities, as determined by Moreno Valley Utility, which may be in conflict with any developer planned construction on the project site.
82. This project is subject to a Reimbursement Agreement. The Developer is responsible for a proportionate share of costs associated with electrical distribution infrastructure previously installed that directly benefits the project.
PUBLIC WORKS DEPARTMENT
Land Development
83. Aggregate slurry, as defined in Section 203-5 of Standard Specifications for Public Works Construction, shall be required prior to 90% security reduction or the end of the one-year warranty period of the public streets as approved by the City Engineer.
If slurry is required, a slurry mix design shall be submitted for review and approved by the City Engineer. The latex additive shall be Ultra Pave 70 (for anionic) or Ultra Pave 65 K (for cationic) or an approved equal per the geotechnical report. The latex shall be added at the emulsion plant after weighing the asphalt and before the addition of mixing water. The latex shall be added at a rate of two to two-and-one-half (2 to 2½) parts to one-hundred (100) parts of emulsion by volume.
Any existing striping shall be removed prior to slurry application and replaced per City standards.
84. The developer shall comply with all applicable City ordinances and resolutions including the City’s Municipal Code (MC) and if subdividing land, the Government Code (GC) of the State of California, specifically Sections 66410 through 66499.58, said sections also referred to as the Subdivision Map Act (SMA). [MC 9.14.010]
85. The final approved conditions of approval (COAs) issued and any applicable F.1.aa
Packet Pg. 3521 Attachment: Exhibit A to Plot Plan Resolution - Conditions of Approval [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124
CONDITIONS OF APPROVAL
(PEN20-0120, PEN20-0121 & PEN20-0124)
Mitigation Measures by the Planning Division shall be photographically or electronically placed on mylar sheets and included in the Grading and Street Improvement plans.
86. The developer shall monitor, supervise and control all construction related activities, so as to prevent these activities from causing a public nuisance, including but not limited to, insuring strict adherence to the following:
(a) Removal of dirt, debris, or other construction material deposited on any public street no later than the end of each working day.
(b) Observance of working hours as stipulated on permits issued by the Land Development Division.
(c) The construction site shall accommodate the parking of all motor vehicles used by persons working at or providing deliveries to the site. (d) All dust control measures per South Coast Air Quality Management District (SCAQMD) requirements during the grading operations.
Violation of any condition, restriction or prohibition set forth in these conditions shall subject the owner, applicant, developer or contractor(s) to remedy as noted in City Municipal Code 8.14.090. In addition, the City Engineer or Building Official may suspend all construction related activities for violation of any condition, restriction or prohibition set forth in these conditions until such time as it has been determined that all operations and activities are in conformance with these conditions.
87. Drainage facilities (e.g., catch basins, water quality basins, etc.) with sump conditions shall be designed to convey the tributary 100-year storm flows.
Secondary emergency escape shall also be provided.
88. In the event right-of-way or offsite easements are required to construct offsite improvements necessary for the orderly development of the surrounding area to meet the public health and safety needs, the developer shall make a good faith effort to acquire the needed right-of-way in accordance with the Land Development Division’s administrative policy. If unsuccessful, the Developer shall enter into an agreement with the City to acquire the necessary right-of-way or offsite easements and complete the improvements at such time the City acquires the right-of-way or offsite easements which will permit the improvements to be made. The developer shall be responsible for all costs associated with the right-of-way or easement acquisition. [GC 66462.5]
89. If improvements associated with this project are not initiated within two (2) years of the date of approval of the Public Improvement Agreement (PIA), the City Engineer may require that the engineer's estimate for improvements associated with the project be modified to reflect current City construction costs in effect at the time of request for an extension of time for the PIA or issuance of a permit. [MC
9.14.210(B)(C)]
F.1.aa
Packet Pg. 3522 Attachment: Exhibit A to Plot Plan Resolution - Conditions of Approval [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124
CONDITIONS OF APPROVAL
(PEN20-0120, PEN20-0121 & PEN20-0124)
90. The developer shall protect downstream properties from damage caused by alteration of drainage patterns (i.e. concentration or diversion of flow, etc).
Protection shall be provided by constructing adequate drainage facilities, including, but not limited to, modifying existing facilities or by securing a drainage easement. [MC 9.14.110]
91. Public drainage easements, when required, shall be a minimum of 25 feet wide and shall be shown on the map and plan, and noted as follows: “Drainage Easement – no structures, obstructions, or encroachments by land fills are allowed.” In addition, the grade within the easement area shall not exceed a 3:1 (H:V) slope, unless approved by the City Engineer.
92. The maintenance responsibility of the proposed storm drain line shall be clearly identified. Unless otherwise noted on improvement plans, storm drain lines within private property will be privately maintained and those within public streets will be publicly maintained.
93. This project shall submit civil engineering design plans, reports and/or documents (prepared by a registered/licensed civil engineer) for review and approval by the City Engineer per the current submittal requirements, prior to the indicated threshold or as required by the City Engineer. The submittal consists of, but is not limited to, the following:
a. Parcel Map (recordation prior to building permit issuance); b. Rough grading w/ erosion control plan (prior to grading permit issuance); c. Precise grading w/ erosion control plan (prior to building permit issuance); d. Street improvement plan w/ Signing & Striping (prior to parcel map approval); e. RCFC&WCD storm drain plans (prior to parcel map approval); f. Cooperative Agreement between the City, RCFC&WCD and the developer (prior to RCFC&WCD storm drain plan approval);
g. Final drainage study (prior to rough grading plan and storm drain plan approval);
h. Final WQMP (prior to grading plan approval);
i. As-Built revision for all plans (prior to Occupancy release)
94. Water quality best management practices (BMPs) designed to meet Water Quality Management Plan (WQMP) requirements for single-family residential development shall not be used as a construction BMP. Water quality BMPs shall be maintained for the entire duration of the project construction and be used to treat runoff from those developed portions of the project. Water quality BMPs shall be protected from upstream construction related runoff by having proper best management practices in place and maintained. Water quality BMPs shall be graded per the approved design plans and once landscaping and irrigation has been installed, it and its maintenance shall be turned over to an established Homeowner’s F.1.aa
Packet Pg. 3523 Attachment: Exhibit A to Plot Plan Resolution - Conditions of Approval [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124
CONDITIONS OF APPROVAL
(PEN20-0120, PEN20-0121 & PEN20-0124)
Association (HOA). The Homeowner’s Association shall enter into an agreement with the City for basin maintenance.
95. When any proposed private storm drain system connects to a public storm drain system, a storm drain manhole shall be placed at the right-of-way or property line to mark the beginning of the publicly maintained portion of the storm drain system.
Prior to Grading Plan Approval
96. Resolution of all drainage issues shall be as approved by the City Engineer.
97. A final detailed drainage study (prepared by a registered/licensed civil engineer) shall be submitted for review and approved by the City Engineer. The study shall include, but not be limited to: existing and proposed hydrologic conditions as well as hydraulic calculations for all drainage control devices and storm drain lines.
The study shall analyze 1, 3, 6 and 24-hour duration events for the 2, 5, 10 and 100-year storm events [MC 9.14.110(A.1)]. A digital (pdf) copy of the approved drainage study shall be submitted to the Land Development Division.
98. Emergency overflow areas shall be shown at all applicable drainage improvement locations in the event that the drainage improvement fails or exceeds full capacity . This may include, but not be limited to, secondary storm drains, riser inlets, concrete spillways, or redundancy in pump systems.
99. A final project-specific Water Quality Management Plan (WQMP) shall be submitted for review and approved by the City Engineer, which:
a. Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizes directly connected impervious areas to the City’s street and storm drain systems, and conserves natural areas;
b. Incorporates Source Control BMPs and provides a detailed description of their implementation;
c. Describes the long-term operation and maintenance requirements for BMPs requiring maintenance; and
d. Describes the mechanism for funding the long-term operation and maintenance of the BMPs.
A copy of the final WQMP template can be obtained on the City’s Website or by contacting the Land Development Division. A digital (pdf) copy of the approved final project-specific Water Quality Management Plan (WQMP) shall be submitted to the Land Development Division.
100. The final project-specific Water Quality Management Plan (WQMP) shall be consistent with the approved P-WQMP, as well as in full conformance with the document: “Water Quality Management Plan - A Guidance Document for the Santa Ana Region of Riverside County” dated October 22, 2012. The F-WQMP shall be F.1.aa
Packet Pg. 3524 Attachment: Exhibit A to Plot Plan Resolution - Conditions of Approval [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124
CONDITIONS OF APPROVAL
(PEN20-0120, PEN20-0121 & PEN20-0124)
submitted and approved prior to application for and issuance of grading permits. At a minimum, the F-WQMP shall include the following: Site Design BMPs; Source Control BMPs, Treatment Control BMPs, Operation and Maintenance requirements for BMPs and sources of funding for BMP implementation. a. The Applicant has proposed to incorporate the use of two (2) modular wetland systems along the southerly project boundary and three (3) bio-retention swales along the northerly project boundary . Final design and sizing details of all BMPs must be provided in the first submittal of the F-WQMP. The Applicant acknowledges that more area than currently shown on the plans may be required to treat site runoff as required by the WQMP guidance document.
b. The Applicant shall substantiate the applicable Hydrologic Condition of Concerns (HCOC) in Section F of the F-WQMP. <The HCOC designates that the project will be required to provide HCOC mitigation..
c. All proposed LID BMP’s shall be designed in accordance with the RCFC&WCD’s Design Handbook for Low Impact Development Best Management Practices, dated September 2011.
d. The proposed LID BMP’s as identified in the project-specific P-WQMP shall be incorporated into the Final WQMP.
e. The NPDES notes per City Standard Drawing No. MVFE-350-0 shall be included in the grading plans.
f. Post-construction treatment control BMPs, once placed into operation for post-construction water quality control, shall not be used to treat runoff from construction sites or unstabilized areas of the site.
g. Prior to precise grading plan approval, the grading plan shall show any proposed trash enclosure to include a cover (roof) and sufficient size for dual bin (1 for trash and 1 for recyclables). The architecture shall be approved by the Planning Division and any structural approvals shall be made by the Building and Safety Division.
101. The developer shall ensure compliance with the City Grading ordinance, these Conditions of Approval and the following criteria:
a. The project street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area and outlet points. Unless otherwise approved by the City Engineer, lot lines shall be located at the top of slopes.
b. Any grading that creates cut or fill slopes adjacent to the street shall provide erosion control, sight distance control, and slope easements as approved by the City Engineer.
c. All improvement plans are substantially complete and appropriate clearance letters are provided to the City.
d. A soils/geotechnical report (addressing the soil’s stability and geological conditions of the site) shall be submitted to the Land Development Division for review. A digital (pdf) copy of the soils/geotechnical report shall be submitted to the Land Development Division.
F.1.aa
Packet Pg. 3525 Attachment: Exhibit A to Plot Plan Resolution - Conditions of Approval [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124
CONDITIONS OF APPROVAL
(PEN20-0120, PEN20-0121 & PEN20-0124)
102. Grading plans (prepared by a registered/licensed civil engineer) shall be submitted for review and approved by the City Engineer per the current submittal requirements.
103. The developer shall select Low Impact Development (LID) Best Management Practices (BMPs) designed per the latest version of the Water Quality Management Plan (WQMP) - a guidance document for the Santa Ana region of Riverside County. 104. The developer shall pay all remaining plan check fees. 105. The proposed private storm drain Line "E" on Parcel 2 shall connect to the existing public storm drain lateral crossing Alessandro Boulevard and connect to storm drain Line "E" located on APN 297-170-089. Storm drain manholes shall be placed at the point of connections (at right of way or property line) to mark the separation of the publicly maintained storm drain and privately maintained storm drain. 106. A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared in conformance with the State’s current Construction Activities Storm Water General Permit. A copy of the current SWPPP shall be kept at the project site and be available for review upon request.
107. For projects that will result in discharges of storm water associated with construction with a soil disturbance of one or more acres of land, the developer shall submit a Notice of Intent (NOI) and obtain a Waste Discharger’s Identification number (WDID#) from the State Water Quality Control Board (SWQCB) which shall be noted on the grading plans.
Prior to Grading Permit
108. A receipt showing payment of the Area Drainage Plan (ADP) fee to Riverside County Flood Control and Water Conservation District shall be submitted. [MC
9.14.100(O)]
109. For non-subdivision projects, a copy of the Covenants, Conditions and Restrictions (CC&Rs) shall be submitted for review by the City Engineer. The CC&Rs shall include, but not be limited to, access easements, reciprocal access, private and/or public utility easements as may be relevant to the project. 110. If the developer chooses to construct the project in phases, a Construction Phasing Plan for the construction of on-site public or private improvements shall be submitted for review and approved by the City Engineer. 111. Prior to the payment of the Development Impact Fee (DIF), the developer may enter F.1.aa
Packet Pg. 3526 Attachment: Exhibit A to Plot Plan Resolution - Conditions of Approval [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124
CONDITIONS OF APPROVAL
(PEN20-0120, PEN20-0121 & PEN20-0124)
into a DIF Improvement Credit Agreement to secure credit for the construction of applicable improvements. If the developer fails to complete this agreement prior to the timing specified above, credits may not be given. The developer shall pay current DIF fees adopted by the City Council. [Ord. 695 § 1.1 (part), 2005] [MC
3.38.030, 040, 050]
112. A digital (pdf) copy of all approved grading plans shall be submitted to the Land Development Division.
113. Security, in the form of a cash deposit (preferable), bond or letter of credit shall be submitted as a guarantee of the implementation and maintenance of erosion control measures. At least twenty-five (25) percent of the required security shall be in the form of a cash deposit with the City. [MC 8.21.160(H)]
114. Security, in the form of a cash deposit (preferable), bond or letter of credit shall be submitted as a guarantee of the completion of the grading operations for the project. [MC 8.21.070]
115. The developer shall pay all applicable inspection fees. 116. Prior to the payment of the Transportation Uniform Mitigation Fee (TUMF), the developer may enter into a TUMF Improvement Credit Agreement to secure credit for the construction of applicable improvements. If the developer fails to complete this agreement by the timing specified above, credits may not be given. The developer shall pay current TUMF fees adopted by the City Council. [Ord. 835 § 2.1, 2012] [MC 3.44.060]
Prior to Map Approval
117. A copy of the Covenants, Conditions and Restrictions (CC&R's) shall be submitted for review and approved by the City Engineer. The CC&R's shall include, but not be limited to, access easements, reciprocal access, private and/or public utility easements as may be relevant to the project. Alternatively, access easements, reciprocal access, private and/or public utility easements may be submitted for review and approval by separate instruments that will be recorded once approved. 118. The developer shall enter into a Cooperative Agreement with the City and Riverside County Flood Control and Water Conservation District establishing the terms and conditions covering the inspection, operation and maintenance of Master Drainage Plan facilities required to be constructed as part of the project. 119. After recordation, a digital (pdf) copy of the recorded map shall be submitted to the Land Development Division.
F.1.aa
Packet Pg. 3527 Attachment: Exhibit A to Plot Plan Resolution - Conditions of Approval [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124
CONDITIONS OF APPROVAL
(PEN20-0120, PEN20-0121 & PEN20-0124)
120. Resolution of all drainage issues shall be as approved by the City Engineer. 121. A parcel map (prepared by a registered civil engineer and/or licensed surveyor) shall be submitted for review and approved by the City Engineer per the current submittal requirements.
122. The developer shall guarantee the completion of all related improvements required for this project by executing a Public Improvement Agreement (PIA) with the City and posting the required security. [MC 9.14.220]
123. All public improvement plans required for this project shall be approved by the City Engineer in order to execute the Public Improvement Agreement (PIA). 124. The developer shall comply with the requirements of the City Engineer based on recommendations of the Riverside County Flood Control District regarding the construction of County Master Plan Facilities.
125. All street dedications shall be free of all encumbrances, irrevocably offered to the public and shall continue in force until the City accepts or abandons such offers, unless otherwise approved by the City Engineer.
Prior to Improvement Plan Approval
126. The developer is required to bring any existing access ramps adjacent to and fronting the project to current ADA (Americans with Disabilities Act) requirements.
However, when work is required in an intersection that involves or impacts existing access ramps, all access ramps in that intersection shall be retrofitted to comply with current ADA requirements, unless otherwise approved by the City Engineer. 127. The developer shall submit clearances from all applicable agencies, and pay all applicable plan check fees.
128. The street improvement plans shall comply with current City policies, plans and applicable City standards (i.e. MVSI-160 series, etc.) throughout this project. 129. The design plan and profile shall be based upon a centerline, extending beyond the project boundaries a minimum distance of 300 feet at a grade and alignment approved by the City Engineer.
130. Drainage facilities (i.e. catch basins, etc.) with sump conditions shall be designed to convey the tributary 100-year storm flows. Secondary emergency escape shall also be provided.
131. The hydrology study shall be designed to accept and properly convey all off-site drainage flowing onto or through the site. In the event that the City Engineer permits F.1.aa
Packet Pg. 3528 Attachment: Exhibit A to Plot Plan Resolution - Conditions of Approval [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124
CONDITIONS OF APPROVAL
(PEN20-0120)
the use of streets for drainage purposes, the provisions of current City standards shall apply. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, as in the case where one travel lane in each direction shall not be used for drainage conveyance for emergency vehicle access on streets classified as minor arterials and greater, the developer shall provide adequate facilities as approved by the City Engineer. [MC 9.14.110 A.2] 132. All public improvement plans (prepared by a licensed/registered civil engineer) shall be submitted for review and approved by the City Engineer per the current submittal requirements.
133. Any missing or deficient existing improvements along the project frontage within Alessandro Boulevard shall be constructed or secured for construction. The City Engineer may require the ultimate structural section for pavement to half-street width plus 18 feet or provide core test results confirming that the existing pavement section is per current City Standards; additional signing & striping to accommodate increased traffic imposed by the development, removal and replacement of improvements due to wear or damage from construction activity, or additional transitional improvements for the orderly development of pubic infrastructure.. 134. Storm drain improvement plans for Sunnymead Broadiaea Avenue Storm Drain Line "A" Extension, from Alessandro Boulevard to the existing Line "A" located on APN 297-170-089, shall be submitted for review and approval by the City and RCFC&WCD. This storm drain has been identified as a future RCFC&WCD maintained facility as shown on Drawing No. 4-888, Sheet 8A (Preliminary Alignment Study) and referenced as Stage 3 of that certain Cooperative Agreement recorded on July 12, 2016 as Document No. 2016-0289060. This project will be required to satisfy all RCFC&WCD requirements for the acceptance and maintenance by RCFC&WCD including, but not limited to, the following:
a. Enter into a Cooperative Agreement between the City, RCFC&WCD, and the developer;
b. Provide storm drain improvement plans of Stage 3 storm drain; c. Provide security for the construction of storm drain improvements; and d. Upon commencement of Stage 3 storm drain improvements and to the satisfaction of the City and RCFC&WCD, inspect, clean, repair, and maintain the existing portion of Line "A" (also referred to as Stage 2) from the current inlet at the northerly property line of APN 297-170-089 to the point of connection located within Broadiaea Avenue.
In the event that Stage 3 does not meet the requirements and satisfaction of RCFC&WCD to assume maintenance responsibility, the storm drain shall be privately owned and maintained by the property owner.
F.1.aa
Packet Pg. 3529 Attachment: Exhibit A to Plot Plan Resolution - Conditions of Approval [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124
CONDITIONS OF APPROVAL
(PEN20-0120)
135. For non-subdivision projects, all street dedications shall be free of encumbrances, irrevocably offered to the public and shall continue in force until the City accepts or abandons such offers, unless otherwise approved by the City Engineer. 136. The plans shall indicate any restrictions on trench repair pavement cuts to reflect the City’s moratorium on disturbing newly-constructed pavement less than three (3) years old and recently slurry sealed streets less than one (1) year old. Pavement cuts may be allowed for emergency repairs or as specifically approved in writing by the City Engineer. Special requirements shall be imposed for repaving, limits to be determined by the City Engineer.
137. All dry and wet utilities shall be shown on the plans and any crossings shall be potholed to determine actual location and elevation. Any conflicts shall be identified and addressed on the plans. The pothole survey data shall be submitted to Land Development with the public improvement plans for reference purposes only. The developer is responsible to coordinate with all affected utility companies and bear all costs of any utility relocation.
138. Alessandro Boulevard, Major Divided Arterial, City Standard MVSI-101A (134-foot RW / 110-foot CC) shall be constructed to half-width plus an additional 18 feet north of the centerline, along the entire project’s north frontage. At a minimum, the existing street shall receive a 1.5" grind and overlay (PG 64-16 ARHM-GG-C).
Pavement core samples will be required to determine the extent of pavement rehabilitation of the existing pavement which may include the removal and replacement of the entire structural section. All 4-foot right-of-way dedications at the driveway approaches, per City Standard MVSI-112C-0, shall be shown on the parcel map. Improvements shall consist of, but not be limited to, pavement, base, curb, gutter, sidewalk, driveway approaches, removal and replacement of existing storm drain and catch basins, any necessary offsite improvement transition/joins to existing, streetlights, relocation of any power poles with electrical lines of 115,000 volts or greater to meet an 18 inch minimum distance from the face of curb to the face of pole, undergrounding of any power poles with overhead utility lines or electrical lines less than 115,000 volts, and dry and wet utilities.
Prior to Encroachment Permit
139. A digital (pdf) copy of all approved improvement plans shall be submitted to the Land Development Division.
140. All applicable inspection fees shall be paid.
141. For non-subdivision projects, execution of a Public Improvement Agreement (PIA) and/or security (in the form of a cash deposit or other approved means) may be required as determined by the City Engineer. [MC 9.14.220] F.1.aa
Packet Pg. 3530 Attachment: Exhibit A to Plot Plan Resolution - Conditions of Approval [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124
CONDITIONS OF APPROVAL
(PEN20-0120)
142. The plans shall indicate any restrictions on trench repair pavement cuts to reflect the City’s moratorium on disturbing newly-constructed pavement less than three (3) years old and recently slurry sealed streets less than one (1) year old. Pavement cuts may be allowed for emergency repairs or as specifically approved in writing by the City Engineer. Special requirements shall be imposed for repaving, limits to be determined by the City Engineer.
143. Any work performed within public right-of-way requires an encroachment permit.
Prior to Occupancy
144. All outstanding fees shall be paid.
145. All required as-built plans (prepared by a registered/licensed civil engineer) shall be submitted for review and approved by the City Engineer per the current submittal requirements.
146. The final/precise grade certification shall be submitted for review and approved by the City Engineer.
147. For commercial, industrial and multi-family projects, in compliance with Proposition 218, the developer shall agree to approve the City of Moreno Valley NPDES Regulatory Rate Schedule that is in place at the time of certificate of occupancy issuance. Under the current permit for storm water activities required as part of the National Pollutant Discharge Elimination System (NPDES) as mandated by the Federal Clean Water Act, this project is subject to the following requirements:
a. Select one of the following options to meet the financial responsibility to provide storm water utilities services for the required continuous operation, maintenance, monitoring system evaluations and enhancements, remediation and/or replacement, all in accordance with Resolution No. 2002-46. i. Participate in the mail ballot proceeding in compliance with Proposition 218, for the Common Interest, Commercial, Industrial and Quasi-Public Use NPDES Regulatory Rate Schedule and pay all associated costs with the ballot process; or
ii. Establish an endowment to cover future City costs as specified in the Common Interest, Commercial, Industrial and Quasi-Public Use NPDES Regulatory Rate Schedule.
b. Notify the Special Districts Division of the intent to request building permits 90 days prior to their issuance and the financial option selected. The financial option selected shall be in place prior to the issuance of certificate of occupancy. [California Government Code & Municipal Code]
148. The developer shall complete all public improvements in conformance with current F.1.aa
Packet Pg. 3531 Attachment: Exhibit A to Plot Plan Resolution - Conditions of Approval [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124
CONDITIONS OF APPROVAL
(PEN20-0120)
City standards, except as noted in the Special Conditions, including but not limited to the following:
a. Street improvements including, but not limited to: pavement, base, curb and/or gutter, cross gutters, spandrel, sidewalks, drive approaches, pedestrian ramps, street lights (<MVU: SL-2 / SCE: LS-2>), signing, striping, under sidewalk drains, landscaping and irrigation, medians, pavement tapers/transitions and traffic control devices as appropriate.
b. Storm drain facilities including, but not limited to: storm drain pipe, storm drain laterals, open channels, catch basins and local depressions. c. City-owned utilities.
d. Sewer and water systems including, but not limited to: sanitary sewer, potable water and recycled water.
e. Under grounding of all existing and proposed utilities adjacent to and on-site. [MC 9.14.130]
f. Relocation of overhead electrical utility lines including, but not limited to:
electrical, cable and telephone.
149. All punch list work for off-site and on-site improvements shall be completed. 150. For commercial, industrial and multi-family projects, a Stormwater Treatment Device and Control Measure Access and Maintenance Covenant”, "Maintenance Agreement for Water Quality Improvements located in the public right-of-way" and a "Declaration of Restrictive Covenants (encroachment on City easement)" shall be recorded to provide public notice of the maintenance requirements to be implemented per the approved final project-specific WQMP. A boilerplate copy of the covenants and agreements can be obtained by contacting the Land Development Division.
151. The applicant shall ensure the following, pursuant to Section XII. I. of the 2010 NPDES Permit:
a. Field verification that structural Site Design, Source Control and Treatment Control BMPs are designed, constructed and functional in accordance with the approved Final Water Quality Management Plan (WQMP).
b. Certification of best management practices (BMPs) from a state licensed civil engineer. An original WQMP BMP Certification shall be submitted for review and approved by the City Engineer.
152. The Developer shall comply with the following water quality related items:
a. Notify the Land Development Division prior to construction and installation of all structural BMPs so that an inspection can be performed. b. Demonstrate that all structural BMPs described in the approved final project-specific WQMP have been constructed and installed in conformance with the approved plans and specifications;
c. Demonstrate that Developer is prepared to implement all non-structural BMPs F.1.aa
Packet Pg. 3532 Attachment: Exhibit A to Plot Plan Resolution - Conditions of Approval [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124
CONDITIONS OF APPROVAL
(PEN20-0120)
described in the approved final project-specific WQMP; and d. Demonstrate that an adequate number of copies of the approved final project-specific WQMP are available for future owners/occupants. e. Clean and repair the water quality BMP's, including re-grading to approved civil drawing if necessary.
f. Obtain approval and complete installation of the irrigation and landscaping.
Special Districts Division
153. This project is located within the boundary of Community Facilities District No. 4–Maintenance (CFD No. 4-M) and is subject to hydrology study determination based upon the final tentative parcel map. The project is conditioned to provide a funding source which will be used for maintenance of stormwater and detention basin improvements. The Developer shall satisfy the condition with one of the financing options outlined below.
a. In compliance with Proposition 218, the property owner shall agree to approve the special election for annexation into CFD No. 4-M and pay all associated costs with the special election process and formation costs, if any; or b. Establish an endowment fund which shall be used to cover future maintenance costs for storm water and detention basin improvements benefiting this project.
The Developer must notify the Special Districts Division at 951.413.3480 or at [email protected] of its selected financing option when submitting the application for building permit issuance. The option for participating in a special election requires 90 days to complete the special election process. This allows adequate time to be in compliance with the provisions of Article 13C of the California Constitution.
The financial option selected shall be in place prior to the first issuance of certificate of occupancy for this project.
154. MAJOR INFRASTRUCTURE FINANCING DISTRICT. This project has been identified to potentially be included in the formation of a special financing district for the construction and maintenance of major infrastructure improvements which may include but are not limited to thoroughfares, bridges, and certain flood control improvements. The property owner(s) shall participate in such district and pay any special tax, assessment, or fee levied upon the project property for such district. At the time of the public hearing to consider formation of or annexation into the district, the qualified elector(s) will not protest the formation or annexation, but will retain the right to object to any eventual tax/assessment/fee that is not equitable should the financial burden of the tax/assessment/fee not be reasonably proportionate to the F.1.aa
Packet Pg. 3533 Attachment: Exhibit A to Plot Plan Resolution - Conditions of Approval [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124
CONDITIONS OF APPROVAL
(PEN20-0120, PEN20-0121 & PEN20-0124)
benefit the affected property obtains from the improvements to be installed and/or maintained. The Developer must notify the Special Districts Division at 951.413.3480 or at [email protected] when submitting an application for the first building permit to determine whether the development will be subjected to this condition. If subject to the condition, the special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution.
155. The parcel(s) associated with this project have been incorporated into the Moreno Valley Community Services District Zone A (Parks & Community Services) and Zone C (Arterial Street Lighting). All assessable parcels therein shall be subject to annual parcel taxes for Zone A and Zone C for operations and capital improvements.
156. This project is conditioned to provide a funding source for the operation and maintenance of public improvements and/or services associated with new development in that territory. The Developer shall satisfy this condition with one of the options below.
a. Participate in a special election for maintenance/services and pay all associated costs of the election process and formation, if any. Financing may be structured through a Community Facilities District, Landscape and Lighting Maintenance District, or other financing structure as determined by the City; or b. Establish an endowment fund to cover the future maintenance and/or service costs.
The Developer must notify the Special Districts Division at 951.413.3480 or at [email protected] of its selected financial option prior to City Council action authorizing recordation of the final map for the development. A minimum of 90 days is needed to complete the special election process. This allows adequate time to be in compliance with the provisions of Article 13C of the California Constitution for conducting a special election.
The financial option selected shall be in place prior to the issuance of the first building permit for the project.
157. This project is conditioned to provide a funding source for the following special financing program(s):
a. Landscape Maintenance Services for parkway, open space, and/or median landscaping on Alessandro Blvd.
The Developer’s responsibility is to provide a funding source for the capital F.1.aa
Packet Pg. 3534 Attachment: Exhibit A to Plot Plan Resolution - Conditions of Approval [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124
CONDITIONS OF APPROVAL
(PEN20-0120, PEN20-0121 & PEN20-0124)
improvements and the continued maintenance of the landscaped area. The Developer shall satisfy this condition with one of the options below. i. Participate in a special election (mail ballot proceeding) and pay all associated costs of the special election and formation, if any. Financing may be structured through a Community Services District zone, Community Facilities District, Landscape and Lighting Maintenance District, or other financing structure as determined by the City; or
ii. Establish a Property Owner’s Association (POA) or Home Owner’s Association (HOA) which will be responsible for any and all operation and maintenance costs.
The Developer must notify the Special Districts Division at 951.413.3480 or at [email protected] of its selected financial option prior to City Council action authorizing recordation of the final map for the development. The option for participating in a special election requires approximately 90 days to complete the special election process. This allows adequate time to be in compliance with the provisions of Article 13C of the California Constitution for conducting a special election.
The financial option selected shall be in place prior to the issuance of the first building permit for this project.
158. Commercial (R) If Land Development, a Division of the Public Works Department, requires this project to supply a funding source necessary to provide for, but not limited to, stormwater utilities services for the continuous operation, remediation and/or replacement, maintenance, monitoring, systems evaluation and enhancements of on-site facilities and performing annual inspections of the affected areas to ensure compliance with state mandated stormwater regulations, a funding source needs to be established. The Developer must notify the Special Districts Division at 951.413.3480 or [email protected] of its selected financial option for the National Pollution Discharge Elimination System (NPDES) program (see Land Development’s related condition) 90 days prior to City Council action authorizing recordation of the final map for the development and participate in a special election process. This allows adequate time to be in compliance with the provisions of Article 13D of the California Constitution. (California Health and Safety Code Sections 5473 through 5473.8 (Ord. 708 Section 3.1, 2006) & City of Moreno Valley Municipal Code Title 3, Section 3.50.050.) 159. This project has been identified to be included in the formation of a Community Facilities District for Public Safety services including but not limited to Police, Fire Protection, Paramedic Services, Park Rangers, and Animal Control services. The property owner(s) shall not protest the formation; however, they retain the right to F.1.aa
Packet Pg. 3535 Attachment: Exhibit A to Plot Plan Resolution - Conditions of Approval [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124
CONDITIONS OF APPROVAL
(PEN20-0120, PEN20-0121 & PEN20-0124)
object to the rate and method of maximum special tax. In compliance with Proposition 218, the property owner shall agree to approve the mail ballot proceeding (special election) for either formation of the CFD or annexation into an existing district that may already be established. The Developer must notify the Special Districts Division at 951.413.3480 or [email protected] of its intent to record the final map for the development 90 days prior to City Council action authorizing recordation of the map. This allows adequate time to be in compliance with the provisions of Article 13C of the California Constitution. (California Government Code Section 53313 et. seq.)
160. The existing parkway/median along the frontage of the project shall be brought to current City Standards. Improvements may include but are not limited to: plant material, irrigation, and hardscape.
161. The ongoing maintenance of any landscaping required to be installed behind the curb shall be the responsibility of the property owner. 162. Any damage to existing landscape areas maintained by the City of Moreno Valley due to project construction shall be repaired/replaced by the Developer, or Developer’s successors in interest, at no cost to the City of Moreno Valley. 163. PARKS MAINTENANCE FUNDING. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or fund an endowment) to provide an ongoing funding source for the continued maintenance, enhancement, and or retrofit of parks, open spaces, linear parks, and/or trails systems, and programs.
This condition must be fully satisfied prior to issuance of the 1st Certificate of Occupancy. This condition will be satisfied with the successful annexation/formation (i.e. special election process) into a special financing district and payment of all costs associated with the special election process. Annexation into a special financing district requires an annual payment of the annual special tax, assessment, or fee levied against the property tax bill, or other lawful means, of the parcels of the project for such district. At the time of the public hearing to consider annexation into or formation of the district, the qualified elector(s) will not protest the annexation or formation, but will retain the right to object to any eventual tax/assessment/fee that is not equitable should the financial burden of the tax/assessment/fee not be reasonably proportionate to the benefit the affected property receives from the improvements to be installed and/or maintained or services provided. The special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, and consistent with the scheduling for City Council meetings.
Alternatively, the condition can be satisfied by the Developer funding an endowment in an amount sufficient to yield an annual revenue stream that meets the annual obligation. The Developer must contact Special Districts Administration at F.1.aa
Packet Pg. 3536 Attachment: Exhibit A to Plot Plan Resolution - Conditions of Approval [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124
CONDITIONS OF APPROVAL
(PEN20-0120, PEN20-0121 & PEN20-0124)
951.413.3470 or at [email protected] to satisfy this condition.
Transportation Engineering Division
164. Conditions of approval may be modified or added if a phasing plan is submitted for this development.
165. All proposed on-site traffic signing and striping should be accordance with the latest California Manual on Uniform Traffic Control Devices (CAMUTCD). 166. Sight distance at the proposed roadways and driveways shall conform to City of Moreno Valley Standard No. MVSI-164A,B,C-0 at the time of preparation of final grading, landscape, and street improvement plans.
167. Communication conduit along Alessandro Boulevard shall be required per City Standard No. MVSI-186-0. Any improvements undertaken by this project shall be consistent with the City standards for this facility.
168. Alessandro Boulevard is designated as a 6-Lane Divided Arterial (134' RW/110'CC) per City Standard Plan No. MVSI-101A and shall be improved to its ultimate half-width plus 23' with median and necessary transition improvements.
The existing eastbound left turn pocket at the intersection of Graham Street and Alessandro Boulevard shall be modified to provide 250 feet of vehicle storage. A Class II Bikeway shall be provided along project frontage. 169. Prior to issuance of an encroachment permit, construction traffic control plans shall be prepared by a qualified, registered Civil or Traffic engineer and submitted for plan approval.
170. Prior to final approval of any landscaping or monument sign plans, the project plans shall demonstrate that sight distance at the project driveways conforms to City Standard Plan No. MVSI-164A, B, C-0.
171. Prior to the final approval of the street improvement plans, a signing and striping plan shall be prepared per City of Moreno Valley Standard Plans - Section 4 for Alessandro Boulevard.
172. Prior to issuance of a Building Final or Certificate of Occupancy, all approved signing and striping shall be installed per current City Standards 173. All project driveways shall conform to Section 9.11.080, and Table 9.11.080-14 of the City’s Development Code – Design Guidelines and City of Moreno Valley Standard Plans No. MVSI-112C-0 for commercial driveway approaches. Access at all driveways shall be right-in and right-out access only.
F.1.aa
Packet Pg. 3537 Attachment: Exhibit A to Plot Plan Resolution - Conditions of Approval [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124
CONDITIONS OF APPROVAL
(PEN20-0120, PEN20-0121 & PEN20-0124)
174. Prior to final approval of the street improvement plans, a median modification plan shall be required to modify the existing raised, landscaped median on Alessandro Boulevard, west of Graham Street. The median shall be designed per current City Standards to extend the eastbound left-turn storage length to 250 feet at the Alessandro Boulevard/graham Street intersection.
175. During construction activity, developer is responsible for regularly scheduled street sweeping per approved street sweeping schedule. Failure to provide regularly scheduled street sweeping during construction activity at the approved times shall result in re-inspection fees (amounts to be determined by City Engineer) and/or project suspension until street sweeping is provided.
F.1.aa
Packet Pg. 3538 Attachment: Exhibit A to Plot Plan Resolution - Conditions of Approval [Revision 1] (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 City of Moreno Valley
Community Development Department
Planning Division
City Hall Council Chamber
14177 Frederick Street
Moreno Valley, CA 92553
NOTICE OF PUBLIC HEARING
Notice of Public Hearing before the City Council of the City of Moreno Valley for the following item(s):
MEETING INFORMATION: January 18, 2022 at 6:00 P.M.
Moreno Valley Council Chamber, 14177 Frederick Street
PROJECT LOCATION: South side of Alessandro Boulevard east of Frederick west of Graham Street, District 1
CASE NUMBER(s): General Plan Amendment (PEN20-0118),
Change of Zone (PEN20-0119), Tentative Parcel Map 37944 (PEN20- 0120), Plot Plan (PEN20-0121), and Plot Plan (PEN20-0124) CASE PLANNER: Julia Descoteaux, Associate Planner
(951) 413 3209 or [email protected]
<APN>
<Property Owner>
<Street Address>
<City, State, Zip>
F.1.ab
Packet Pg. 3539 Attachment: 600 Foot Mailing notice for City Council (5554 :
Upon request and in compliance with the Americans with Disabilities Act of 1990, any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to James Verdugo, ADA Coordinator, at 951.413.3350 at least 48 hours before the meeting. The 48-hour notification will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
NOTICE OF PUBLIC HEARING
PROPOSAL: Applicant is requesting approval of the following entitlements for the Compass Danbe Centerpointe project: 1) a General Plan Amendment (GPA) amending the City’s General Plan from Commercial to Business Park, 2); a Change of Zone from Community Commercial District (CC) to Light Industrial District (LI); 3) a Plot Plan for an approximately 290,726 square foot light industrial building; and, 4) a Plot Plan for a 98,877 square foot light industrial building located on a 17.67 acre site.
ENVIRONMENTAL DETERMINATION: The project has been evaluated against the criteria set forth in the California Environmental Quality Act (CEQA) and CEQA Guidelines and staff has determined that a Mitigated Negative Declaration is the appropriate environmental document for the proposed project.
The Draft Initial Study/Mitigated Negative Declaration was circulated for public review by responsible and trustee agencies and other interested parties for a review period commencing July 26, 2021 through August 25, 2021. The documents can be obtained in electronic format via email by request. The final document may be inspected by appointment at the Community Development Department at 14177 Frederick Street, Moreno Valley, California by calling (951) 413-3206 during normal business hours (7:30 a.m. to 5:30 p.m., Monday through Thursday, 7:30 a.m. to 4:30 p.m., Friday).
PUBLIC HEARING: All interested parties will be provided an opportunity to submit oral testimony during the Public Hearing and/or provide written testimony during or prior to the Public Hearing. The application file and related environmental documents may be inspected at the Community Development Department at 14177 Frederick Street, Moreno Valley, California during normal business hours (7:30 a.m. to 5:30 p.m., Monday through Thursday, and 7:30 a.m. to 4:30 p.m. Friday).
PLEASE NOTE: The City Council may consider and approve changes to the proposed items under consideration during the Public Hearing.
GOVERNMENT CODE § 65009 NOTICE: If you challenge any of the proposed actions taken by the City Council in court, you may be limited to raising only those issues you or someone else raised during the Public Hearing described in this notice, or in written correspondence delivered to the Planning Division of the City of Moreno Valley during or prior to, the Public Hearing.
F.1.ab
Packet Pg. 3540 Attachment: 600 Foot Mailing notice for City Council (5554 :
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Packet Pg. 3556 Attachment: Project Plans (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe)
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Packet Pg. 3557 Attachment: Project Plans (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) ID#4465 Page 1
PLANNING COMMISSION
STAFF REPORT
Meeting Date: August 26, 2021
PROPOSED GENERAL PLAN AMENDMENT AND CHANGE OF ZONE AMENDING "MAP LCC-4: GENERAL PLAN LAND USE" OF THE MORENO VALLEY GENERAL
PLAN AND THE CITY ZONING ATLAS, RESPECTIVELY, PROPOSED TENTATIVE PARCEL MAP 37944 FOR TWO (2) LOTS, A PLOT PLAN FOR AN APPROXIMATELY 290,726 SQUARE FOOT LIGHT INDUSTRIAL BUILDING, AND A PLOT PLAN FOR AN APPROXIMATELY 98,877 SQUARE FOOT LIGHT INDUSTRIAL BUILDING Case: PEN20-0118 General Plan Amendment
PEN20-0119 Change of Zone
PEN20-0120 Tentative Parcel Map 37944
PEN20-0121 Plot Plan
PEN20-0124 Plot Plan
Applicant: CDRE Holdings 17 LLC, Mark Bachli
Property Owner Moreno Valley Centerpoint LLC
Representative MIG, Inc., Pamela Steele
Location: South side of Alessandro Boulevard between
Frederick Street and Graham Street (297-170-002
and 003)
Case Planner: Julia Descoteaux
Council District: 1
Proposal The applicant requests approval of the following entitlements for a 17.67 acre site: 1) General Plan
Amendment (GPA) amending “Map LCC-4: General
Plan Land Use Map of the Moreno Valley General
Plan to change the land use designation of the Project
Site from Commercial (C) to Business Park (BP); 2)
F.1.ad
Packet Pg. 3558 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe)
Change of Zone amending the City of Moreno Valley
Zoning Atlas to rezone the Project Site from
Community Commercial District (CC) to Light
Industrial District (LI); 3) Tentative Parcel Map 37944 for two (2) lots; 4) Plot Plan for an approximately
290,729 square foot light industrial building; and 5)
Plot Plan for an approximately 98,877 square foot
light industrial building with associated public
improvements.
SUMMARY
CDRE Holdings 17, LLC (“Applicant”) is requesting approval of the following: a General Plan Amendment (PEN20-0118) to amend the General Plan land use designation from Commercial (C) to Business Park (BP), a Change of Zone (PEN20-0119) to amend the Zoning Atlas from Community Commercial District (CC) to Light Industrial District (LI), a Tentative Parcel Map (PEN20-0120) for two parcels, a Plot Plan (PEN20-0121) for a 290,726 square foot light industrial building and a Plot Plan (PEN20-0124), a Plot Plan for a 98,877 square foot light industrial building located on the south side of Alessandro Boulevard between Frederick Street and Graham Street, Assessor Parcel Nos. 297- 170-002 and 003.
PROJECT DESCRIPTION
General Plan Amendment
The City of Moreno Valley General Plan Land Use Map designates the Project Site, as described in the Summary above, as Commercial (C) and the proposal would change this land use designation to Business Park (BP).
The primary purpose of areas designated Commercial (C) is to provide property for business purposes, including, but not limited to, retail stores, restaurants, banks, hotels, professional offices, personal services and repair services. The primary purpose of the Business Park (BP) is to provide for manufacturing, research and development, warehousing and distribution, as well as office and support for commercial activities.
While the purpose of the two land use designations are different, the proposed General Plan Amendment will be consistent with adjacent parcels to the south and east, and would result in a total increase of approximately 17.67-acres of the Business Park (BP) land use designation and a corresponding reduction of approximately 17.67-acres of the Commercial (C) land use designation.
Change of Zone
The Project site is currently zoned Community Commercial District (CC), and the proposal would rezone it to Light Industrial District (LI).
F.1.ad
Packet Pg. 3559 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe)
The primary purpose of the Community Commercial District (CC) is to provide for the general shopping needs of area residents and workers with a variety of business, retail, personal and related or similar services.
The primary purpose of the Light Industrial District (LI) is to provide light manufacturing, light industrial, research and development, warehousing and distribution and multitenant industrial uses, as well as certain supporting administrative and professional offices and commercial on a limited basis. While the purpose of the two zoning designations are different the proposed Change of Zone will be consistent with adjacent parcels to the south.
Tentative Parcel Map
The Applicant is proposing a Tentative Parcel Map 37944 to relocate the existing property line to provide separate parcels for Building 1 and Building 2. Staff has reviewed the proposed Tentative Parcel Map and confirmed that the proposed lots comply with the City’s development standards.
Plot Plan
The Applicant is proposing the construction of two light industrial buildings, one approximately 290,726 square feet in size and one approximately 98,877 square feet in size (“Project”) with associated parking, landscape improvements and off-site public improvements.
The current proposal anticipates both buildings will be constructed in conjunction with each other. However, should one building be delayed, all on-site and off-site improvements shall be constructed with the first building, prior to building final.
Conditions have been included to address the improvements and the maintenance of an unconstructed parcel should this situation arise.
Site/ Surrounding Area
The approximately 17.67-acre site is located on the south side of Alessandro Boulevard between Frederick Street and Graham Street in the center of the block.
The surrounding area includes existing Neighborhood Commercial District (NC), Residential 20 District (R20), and Residential 5 District (R5) to the north across Alessandro Boulevard. The property to the west is vacant land zoned Community Commercial District (CC), to the south are developed with industrial buildings within Light Industrial District (LI), and to the east are vacant land within the Business ParkMixed Use District (BPX) and Community Commercial District (CC).
Access/Parking
Access to the Project site will be from three new driveways on Alessandro Boulevard.
All driveways will be right-in right-out only, with two driveways designed to accommodate truck traffic.
F.1.ad
Packet Pg. 3560 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe)
Parking for both automobiles and trucks exceed the Municipal Code requirements.
Overall, a total of 217 parking spaces are provided for both buildings which include standard automobile, ADA, EV, EVCS and Clean Air spaces, as well as, 44-truck space in the truck court areas. Bicycle parking is also included in the site design as required.
Design/Landscaping
The proposed light industrial type buildings incorporate a contemporary architectural design. Dark bronze metal tower elements at the building corners provide a focal point with textured concrete sections, glass, tile and various awning types, bringing an office aesthetic to the buildings. The elements are included on the side elevations for continuity of the buildings. The colors of off-white, taupe and warm grey provide the background for the dark bronze metal tower and brown metal window treatments, which include flat awnings above the pained windows and elongated awnings at intervals, which break up the massing of the buildings.
Extensive landscaping is provided along the building frontage in addition to the required front set back and right of way landscaping which includes plant, ground covers, street trees and on-site trees.
REVIEW PROCESS
The Project has been considered by all appropriate agencies within and outside of the City, consistent with the standard review process required for these types of development applications. The Project was reviewed by the Project Review Staff Committee as required by the Municipal Code. Following subsequent revisions and review by various staff, the Project’s entitlement package was deemed complete for processing for Planning Commission review and consideration, and staff is recommending the Planning Commission recommend to the City Council approval of the Project as designed and conditioned.
ENVIRONMENTAL
An Initial Study was prepared by T&B Planning, Inc., in compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines. The Initial Study examined the potential Project impacts on the environment. The Initial Study/Mitigation Negative Declaration (IS/MND) provides information in support of the finding that a Mitigated Negative Declaration serves as the appropriate CEQA documentation for the proposed Project in that the proposed Project, with the implementation of the proposed mitigation measures, will not have a significant effect on the environment. Technical studies prepared in support of the IS/MND include the following: Air Quality Impact Analysis, Mobile Source Health Risk Assessment, MSHCP General Biological Resources Assessment & Compliance Analysis, Jurisdictional Delineation Report and Impact Analysis, MSHCP Determination of Biologically Equivalent or Superior Preservation, Burrowing Owl Focused Survey Report, Least Bell’s Vireo Focused Survey Report, Phase I Cultural Resources Survey, Energy Analysis, Geotechnical F.1.ad
Packet Pg. 3561 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe)
Engineering Investigation, Greenhouse Gas Analysis, Phase I Environmental Site Assessment Report, Paleontological Assessment, Preliminary Water Quality Management Plan, Preliminary Drainage Study, Noise Impact Analysis, Traffic Analysis, and Vehicle Miles Traveled (VMT) Analysis. The electronic files for the IS/MND with appendices are attached to this staff report. Anyone wishing to view the documents can also do so at City Hall.
Mitigation Measures are recommended for the proposed Project in the following areas:
Biological Resources, Geology and Soils, and Tribal Cultural Resources. The measures for Tribal resources have been included to address input from the Tribal governments.
The measures are intended to ensure that potential resources that might be discovered are protected. However, these measures are not required to address a known significant impact. Based on the Initial Study, and the proposed mitigation measures, the Project will not cause any significant impacts or environmental damage.
The public comment period for the Notice of Availability for the Initial Study/Mitigated Negative Declaration began on July 26, 2021, and ends on August 25, 2021, which satisfies the required 30-day, review period. As of the preparation of this staff report, no comments have been received. Should comments regarding the Project be received prior to the Planning Commission they will be provided at the public hearing.
NOTIFICATION
Notice of the public hearing was sent to all property owners of record within 600 feet of the Project Site. The public hearing notice was also posted on the Project Site and published in the Press Enterprise newspaper.
REVIEW AGENCY COMMENTS
Staff has coordinated with outside trustee and responsible agencies where applicable, as is the standard review process with these types of development applications.
STAFF RECOMMENDATION
Staff recommends that the Planning Commission take the following actions:
A. That the Planning Commission ADOPT Resolution No. 2021-24, attached hereto, RECOMMENDING that the City Council:
1. APPROVE the Initial Study/Mitigated Negative Declaration prepared for General Plan Amendment PEN20-0118, Change of Zone PEN20-0119.
Tentative Parcel Map 37944 PEN20-0120 and Plot Plans PEN20-0121 and PEN20-0124 on file with the Community Development Department, incorporated herein by this reference, and any necessary and corresponding amendment to the City’s Zoning Atlas to reflect the proposed changes in the zoning classification and/or redistricting associated with the General Plan Amendment and Change of Zone, which was completed in compliance with CEQA and the CEQA Guidelines, and F.1.ad
Packet Pg. 3562 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe)
reflects that the Planning Commission reviewed and considered the information contained in the Initial Study/Mitigated Negative Declaration, and exercised its independent judgment and analysis of the proposed Project’s potential environmental impacts; and
2. ADOPT the Mitigation Monitoring and Reporting Program prepared for the Project, which consists of General Plan Amendment PEN20-0118, Change of Zone PEN20-0119, Tentative Parcel Map 37944 PEN20-0120, and Plot Plans PEN20-0121 and PEN20-0124 and any necessary and corresponding amendment to the City’s Zoning Atlas to reflect the proposed changes in the zoning classification and/or redistricting associated with the General Plan Amendment and Change of Zone pursuant to CEQA and the CEQA Guidelines.
B. That the Planning Commission ADOPT Resolution No. 2021-25 attached hereto, RECOMMENDING that the City Council:
1. APPROVE PEN20-0118 General Plan Amendment based on the Recitals, Evidence contained in the Administrative Record and Findings set forth in Resolution No. 2021-25 and any necessary and corresponding amendment to the City’s Zoning Atlas to reflect the proposed changes in the zoning classification and/or redistricting associated with the General Plan Amendment.
C. That the Planning Commission ADOPT Resolution No. 2021-26, attached hereto, RECOMMENDING that the City Council:
1. APPROVE PEN20-0119 Change of Zone based on the Recitals, Evidence contained in the Administrative Record and Findings as set forth in Resolution No. 2021-26 and any necessary and corresponding amendment to the City’s Zoning Atlas to reflect the proposed change in the zoning classification and/or redistricting associated with the Change of Zone.
D. That the Planning Commission ADOPT Resolution No. 2021-27, attached hereto, RECOMMENDING that the City Council:
1. APPROVE Tentative Parcel Map PEN21-0120 based on the Recitals, Evidence contained in the Administrative Records and Findings as set forth in Resolution No. 2021-27.
E. That the Planning Commission ADOPT Resolution No. 2021-28, attached hereto, RECOMMENDING that the City Council:
1. APPROVE Plot Plans PEN20-0121 and PEN20-0124 based on the Recitals, Evidence contained in the Administrative Records and Findings as set forth in Resolution No. 2021-28.
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Packet Pg. 3563 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe)
Prepared by: Approved by:
Julia Descoteaux Manuel A. Mancha
Associate Planner Community Development Director
ATTACHMENTS
1. Resolution No. 2021-24 Initial Study MND
2. Exhibit A to Resolution No. 2021-24 Initial Study MND
3. Appendix A1-Air Quality Impact Analysis
4. Appendix A2-Mobile Source Heath Risk Assessment
5. Appendix B1-MSHCP General Biological Resources Assessment and Compliance Analysis
6. Appendix B2-Jurisdictional Delineation Report and Impact Analysis
7. Appendix B3-MSHCP Determination of Biological Equivalent or Superior Preservation
8. Appendix B4-Burrowing Owl Focused Survey Report
9. Appendix B5-Least Bells Vireo Focused Survey Report
10.Appendix C-Phase I Cultural Resources Survey
11.Appendix D-Energy Analysis
12.Appendix E-Geotechnical Engineering Investigation
13.Appendix F-Greenhouse Gas Analysis
14.Appendix G-Phase I Environmental Site Assessment Report
15.Appendix H-Paleontological Assessment
16.Appendix I1-Preliminary Water Quality Management Plan
17.Appendix I2-Preliminary Drainage Study
18.Appendix J-Noise Impact Analysis
19.Appendix K1-Traffic Analysis
20.Appendix K2-Vehicle Miles Traveled (VMT) Assessment
21.Exhibit B to Resolution No. 2021-24 Initial Study MND
22.Exhibit C to Resolution No. 2021-24 Initial Study MND
23.Resolution No. 2021-25 General Plan Amendment
24.Resolution No. 2021-26 Change of Zone
25.Resolution No. 2021-27 Tentative Parcel Map
26.Exhibit A to Resolution 2021-27 Tentative Parcel Map
27.Resolution No. 2021-28 Plot Plans
28.Exhibit A to Resolution 2021-28 Plot Plans
29.Tentative Parcel Map 37944
30.Site Plan
31.Project Plans
32.Conceptual Grading Plan
33.Conceptual Landscape Plan
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Packet Pg. 3564 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe)
34.600 Foot Mailing Notice
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeffrey Sims, Commissioner
SECONDER: Rafael Brugueras, Commissioner
AYES: Korzec, Brugueras, Cobian, Sims, DeJohnette
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Packet Pg. 3565 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 1 RESOLUTION NUMBER 2021-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MORENO VALLEY, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING AND REPORTING PROGRAM FOR THE
COMPASS DANBE CENTERPOINTE PROJECT LOCATED ON THE
SOUTH SIDE OF ALESSANDRO BOULEVARD BETWEEN FREDERICK
STREET AND GRAHAM STREET (APN’S 297-170-002 AND 003)
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California, and the lead agency for the preparation and consideration of environmental documents for local projects that are subject to requirements of the California Environmental Quality Act (CEQA) and CEQA Guidelines; and
WHEREAS, CDRE Holdings, LLC., (“Developer”) is seeking approval for the development of the Compass Danbe Centerpointe project, a two building light industrial complex on a 17.67-acre site that includes: 1) a General Plan Amendment (GPA) (PEN20-0118) amending the “Land Use Map” (Map LCC-4) of the Moreno Valley General Plan to change the land use designation of the Project site from Commercial to Business Park; 2) a Change of Zone (PEN20-0119) to change the zoning designation of the site from Community Commercial District (CC) to Light Industrial District (LI); 3) a Tentative Parcel Map (PEN20-0120) for two lots; 4) a Plot Plan (PEN20-0121) for an approximately 290,726 square foot light industrial building; 5) a Plot Plan (PEN21-0124) for an approximately 98,877 square foot light industrial building with associated public improvements located on the south side of Alessandro Boulevard between Frederick Street and Graham Street (APN’S 297-170-002-003); and
WHEREAS, the proposed “Project” shall include not only the General Plan Amendment (GPA) (PEN20-0118), Change of Zone (PEN20-0119), Tentative Parcel Map (PEN20-0120), and two Plot Plans (PEN20-0121 and PEN20-0124), but also a corresponding amendment to the City’s Zoning Atlas to reflect the proposed changes in the zoning classification and/or redistricting associated with the General Plan Amendment; and
WHEREAS, Planning Division Staff completed an environmental assessment for the proposed Project, and, based on the assessment, decided to prepare an Initial Study (“IS”) and a Mitigated Negative Declaration (“MND”) in accordance with Section 6 (ND Procedures) of the City’s Rules and Procedures for the Implementation of the California Environmental Quality Act and the requirements of the CEQA Guidelines Sections 15070 – 15075; and
WHEREAS, a Notice of Intent to Adopt a Mitigated Negative Declaration was duly noticed and circulated for public review for a period of 30 days commencing on July 26, 2021, through August 25, 2021; and
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Packet Pg. 3566 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 2 WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation Monitoring and Reporting Program (“MMRP”) that includes a program for reporting on and monitoring Project mitigation measures was prepared for the proposed Project and noticed with the Mitigated Negative Declaration; and
WHEREAS, on August 26, 2021, a hearing was conducted by the Planning Commission to consider a recommendation that the City Council approve the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program and approve the proposed Project; and
WHEREAS, at the conclusion of the public hearing, in the exercise of its own independent judgment, the Planning Commission recommends that the City Council determine that the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program will reduce the environmental impacts of the Project to levels of insignificance and that there is no substantial evidence supporting a fair argument that the Project will have a significant effect on the environment.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals and Exhibits
That the foregoing Recitals and attached exhibits are true and correct and are hereby incorporated by this reference.
Section 2. Evidence
That the Planning Commission has considered all the evidence submitted into the Administrative Record for the Mitigated Negative Declaration and Mitigation Monitoring Plan, including, but not limited to, the following:
(a) Mitigated Negative Declaration/Initial Study prepared for the proposed Project, attached hereto as Exhibit A;
(b) Notice of Intent to Adopt a Mitigated Negative Declaration/Newspaper Notice, attached hereto as Exhibit B;
(c) Mitigation Monitoring and Reporting Program, attached hereto as Exhibit C; (d) Staff Report prepared for the Planning Commission’s consideration and all documents, records and references related thereto, and Staff’s presentation at the public hearing; and
(e) Testimony, comments and correspondence from all persons that were provided at, or prior to, the public hearing.
Section 3. Findings
That based on the content of the foregoing Recitals and the Evidence contained in the Administrative Record as set forth above, the Planning Commission makes the following findings:
F.1.ad
Packet Pg. 3567 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 3 (a) That the City has independently reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and the whole record before it, including, the Initial Study and comments received;
(b) That the proposed mitigation measures will reduce all environmental impacts of the proposed Project to levels of insignificance and there is no substantial evidence supporting a fair argument that the Project will have a significant effect on the environment;
(c) That the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been completed in compliance with CEQA and the CEQA Guidelines consistent the City’s Rules and Procedures for the Implementation of the California Environmental Quality Act. (d) That the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program reflect the independent judgment and analysis of the City as lead agency for the proposed Project; and
(e) That the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are adequate to serve as the required CEQA environmental documentation for the proposed Project.
Section 4. Adoption
That based on the foregoing Recitals, Evidence contained in the Administrative Record and Findings, as set forth herein, the Planning Commission hereby recommends that the City Council adopt the Mitigated Negative Declaration/Initial Study attached hereto as Exhibit A and the Mitigation Monitoring and Reporting Program attached hereto as Exhibit C.
Section 5. Repeal of Conflicting Provisions
That all the provisions as heretofore adopted by the Planning Commission that are in conflict with the provisions of this Resolution are hereby repealed.
Section 6. Severability
That the Planning Commission declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
Section 7. Effective Date
That this Resolution shall take effect immediately upon the date of adoption.
Section 8. Certification
That the Secretary of the Planning Commission shall certify to the passage of this Resolution.
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Packet Pg. 3568 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 4 PASSED AND ADOPTED THIS __ day of _____________, 2021
CITY OF MORENO VALLEY
PLANNING COMMISSION
_________________________
Patricia Korzec, Chairperson
ATTEST:
_________________________
Patty Nevins,
Planning Official
APPROVED AS TO FORM:
_________________________
Steven B. Quintanilla,
Interim City Attorney
Exhibits:
Exhibit A: Mitigated Negative Declaration/Initial Study Exhibit B: Notice of Intent to Adopt a Mitigated Negative Declaration / Newspaper Notice Exhibit C: Mitigation Monitoring Plan
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Packet Pg. 3569 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 5 Exhibit A
INITIAL STUDY
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Packet Pg. 3570 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 6 Exhibit B
NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION /
NEWSPAPER NOTICE
F.1.ad
Packet Pg. 3571 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 7 Exhibit C
MITIGATION MONITORING AND REPORTING PROGRAM
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Packet Pg. 3572 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 1 RESOLUTION NUMBER 2021-25
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MORENO VALLEY, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL APPROVE GENERAL PLAN AMENDMENT PEN20-0118 TO
AMEND THE GENERAL PLAN LAND USE MAP, CHANGING THE LAND
USE DESIGNATION FROM COMMERCIAL TO BUSINESS PARK FOR
THE PROPERTY LOCATED ON THE SOUTH SIDE OF ALESSANDRO
BOULEVARD BETWEEN FREDERICK STREET AND GRAHAM STREET
(APN’S 297-170-002 AND 003) AND THE NECESSARY AND
CORRESPONDING AMENDMENTS TO THE CITY’S ZONING ATLAS
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California, and has the authority to approve amendments to the City’s General Plan and the City’s Zoning Atlas; and WHEREAS, CDRE Holdings LLC., (“Developer”) has filed an application for the approval of General Plan Amendment PEN20-0118 (“Application”) to amend the Moreno Valley General Plan from Commercial to Business Park for the project located on the south side of Alessandro Boulevard between Frederick Street and Graham Street, (APN’s 297-170-002 and 003) (“Site”), which shall also require any necessary and corresponding amendment to the City’s Zoning Atlas to reflect the proposed changes in the zoning classification and/or redistricting associated with the General Plan Amendment; and WHEREAS, pursuant to the provisions of Section 9.02.200 (Public Hearing and Notification Procedures) of the Moreno Valley Municipal Code and Government Code section 65905, a public hearing was scheduled for August 26, 2021, and notice thereof was duly published and posted, and mailed to all property owners of record within 600 feet of the Site; and
WHEREAS, on August 26, 2021, the public hearing to consider the Application was duly conducted by the Planning Commission at which time all interested persons were provided with an opportunity to testify and to present evidence; and WHEREAS, on August 26, 2021, in accordance with the provisions of the California Environmental Quality Act (CEQA1) and CEQA Guidelines,2 the Planning Commission considered and recommended that the City Council approve Resolution 2021-24 recommending that the City Council adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Compass Danbe Centerpointe Project located on the south side of Alessandro Boulevard between Frederick Street and Graham Street (APN’s 297-170-002 and, 003).
1 Public Resources Code §§ 21000-21177
2 14 California Code of Regulations §§15000-15387
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Packet Pg. 3573 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 2 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals and Exhibits
That the foregoing Recitals and attached exhibits are true and correct and are hereby incorporated by this reference.
Section 2. Notice
That pursuant to Government Code section 66020(d)(1), notice is hereby given that the proposed Project is subject to certain fees, dedications, reservations and other exactions as provided herein.
Section 3. Evidence
That the Planning Commission has considered all of the evidence submitted into the administrative record for the General Plan Amendment, including, but not limited to, the following:
(a) Moreno Valley General Plan and all relevant provisions contained therein; (b) Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code and all relevant provisions referenced therein;
(c) The Moreno Valley General Plan amendment changing the land use designation from Commercial to Business Park and all relevant provisions contained therein as shown on Exhibit A;
(d) Application for the approval of a General Plan Amendment PEN20-0118 and all documents, records and references contained therein; (e) Staff Report prepared for the Planning Commission’s consideration and all documents, records and references related thereto, and Staff’s presentation at the public hearing;
(f) Testimony and/or comments from Applicant and its representatives during the public hearing; and
(g) Testimony, comments and correspondence from all persons that were provided in written format or correspondence, at, or prior to, the public hearing.
Section 4. Findings
That based on the foregoing Recitals and the Evidence contained in the Administrative Record as set forth above, the Planning Commission makes the following findings:
(a) The proposed General Plan amendment is consistent with the existing goals, objectives, policies and programs of the General Plan; and (b) The proposed General Plan amendment will not adversely affect the public health, safety or general welfare.
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Packet Pg. 3574 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 3 Section 5. Approval
That based on the foregoing Recitals, Evidence contained in the Administrative Record and Findings, as set forth herein, the Planning Commission hereby recommends that the City Council approve General Plan Amendment PEN20-0118 as depicted in the exhibit attached hereto as Exhibit A, and any necessary and corresponding amendment to the City’s Zoning Atlas to reflect the proposed changes in the zoning classification and/or redistricting associated with the General Plan Amendment.
Section 6. Repeal of Conflicting Provisions
That all the provisions as heretofore adopted by the Planning Commission that are in conflict with the provisions of this Resolution are hereby repealed.
Section 7. Severability
That the Planning Commission declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
Section 8. Effective Date
That this Resolution shall take effect immediately upon the date of adoption.
Section 9. Certification
That the Secretary of the Planning Commission shall certify to the passage of this Resolution.
PASSED AND ADOPTED THIS ___ day of _____________, 2021
CITY OF MORENO VALLEY
PLANNING COMMISSION
_________________________
Patricia Korzec, Chairperson
ATTEST:
_________________________
Patty Nevins,
Planning Official
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Packet Pg. 3575 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 4 APPROVED AS TO FORM:
_________________________
Steven B. Quintanilla,
Interim City Attorney
Exhibits:
Exhibit A: General Plan Amendment Land Use Designation Map F.1.ad
Packet Pg. 3576 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 5 Exhibit A
General Plan Amendment Land Use Designation Map
F.1.ad
Packet Pg. 3577 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 1 RESOLUTION NUMBER 2021-26
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MORENO VALLEY, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL APPROVE CHANGE OF ZONE PEN20-0119 TO AMEND THE
CITY ZONING ATLAS FROM COMMUNITY COMMERCIAL DISTRICT
(CC) TO LIGHT INDUSTRIAL DISTRICT (LI), FOR THE PROPERTY
LOCATED ON THE SOUTH SIDE OF ALESSANDRO BOULEVARD
BETWEEN FREDERICK STREET AND GRAHAM STREET (APN’S 297-
170-002 AND 003)
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California, and the lead agency for the preparation and consideration of environmental documents for local projects that are subject to requirements of the California Environmental Quality Act (CEQA) and CEQA Guidelines; and
WHEREAS, CDRE Holdings LLC., (“Developer”) has filed an application for the approval of Change of Zone PEN20-0119 (“Application”) a request to amend the City’s Zoning Atlas from Community Commercial District (CC) to Light Industrial District (LI) for the property located on the south side of Alessandro Boulevard between Frederick Street and Graham Street (APN’s 297-170-002 and 003) (“Site)”; and WHEREAS, pursuant to the provisions of Section 9.02.200 (Public Hearing and Notification Procedures) of the Moreno Valley Municipal Code and Government Code section 65905, a public hearing was scheduled for August 26, 2021, and notice thereof was duly published and posted, and mailed to all property owners of record within 600 feet of the Site; and
WHEREAS, on August 26, 2021, the public hearing to consider the Application was duly conducted by the Planning Commission at which time all interested persons were provided with an opportunity to testify and to present evidence; and WHEREAS, on August 26, 2021, in accordance with the provisions of the California Environmental Quality Act (CEQA) and CEQA Guidelines, the Planning Commission considered and recommended that the City Council approve Resolution 2021-24 recommending that the City Council adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Compass Danbe Centerpointe Project located on the south side of Alessandro Boulevard between Frederick Street and Graham Street (APN’s 297-170-002 and 003).
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals and Exhibits
That the foregoing Recitals and attached exhibits are true and correct and are hereby incorporated by this reference.
F.1.ad
Packet Pg. 3578 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 2 Section 2. Notice
That pursuant to Government Code section 66020(d)(1), notice is hereby given that the proposed project is subject to certain fees, dedications, reservations and other exactions as provided herein.
Section 3. Evidence
That the Planning Commission has considered all of the evidence submitted into the administrative record for the General Plan Amendment, including, but not limited to, the following:
(a) Moreno Valley General Plan and all other relevant provisions contained therein;
(b) Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code and all other relevant provisions referenced therein;
(c) The Change of Zone to amend the City’s Zoning Atlas from Community Commercial District (CC) to Light Industrial District (LI) and all other relevant provisions contained therein as shown on Exhibit A;
(d) Application for the approval of a Change of Zone PEN20-0119 and all documents, records and references contained therein;
(e) Staff Report prepared for the Planning Commission’s consideration and all documents, records and references related thereto, and Staff’s presentation at the public hearing;
(f) Testimony and/or comments from Applicant and its representatives during the public hearing; and
(g) Testimony and/or comments from all persons that was provided in written format or correspondence, at, or prior to, the public hearing.
Section 4. Findings
That based on the foregoing Recitals and the Evidence contained in the Administrative Record as set forth above, the Planning Commission hereby finds as follows:
(a) The proposed Change of Zone is consistent with the existing goals, objectives, policies and programs of the General Plan;
(b) The proposed Change of Zone will not adversely affect the public health, safety or general welfare; and
(c) The proposed Change of Zone is consistent with the purposes and intent of Title 9.
Section 5. Approval
That based on the foregoing Recitals, Evidence in the Administrative Record and Findings, the Planning Commission hereby recommends that the City Council approve Change of Zone PEN20-0119 attached hereto as Exhibit A.
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Packet Pg. 3579 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 3 Section 6. Repeal of Conflicting Provisions
That all the provisions as heretofore adopted by the Planning Commission that are in conflict with the provisions of this Resolution are hereby repealed.
Section 7. Severability
That the Planning Commission declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
Section 8. Effective Date
That this Resolution shall take effect immediately upon the date of adoption.
Section 9. Certification
That the Secretary of the Planning Commission shall certify to the passage of this Resolution.
PASSED AND ADOPTED THIS __ day of _____________, 2021
CITY OF MORENO VALLEY
PLANNING COMMISSION
_________________________
Patricia Korzec, Chairperson
ATTEST:
_________________________
Patty Nevins,
Planning Official
APPROVED AS TO FORM:
_________________________
Steven B. Quintanilla,
Interim City Attorney
Exhibits:
Exhibit A: Proposed Zoning Map
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Packet Pg. 3580 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 4 Exhibit A
Proposed Zoning Map
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Packet Pg. 3581 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 1 RESOLUTION NUMBER 2021-27
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MORENO VALLEY, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL APPROVE TENTATIVE PARCEL MAP 37944 FOR THE
COMPASS DANBE CENTERPOINTE PROJECT LOCATED ON THE
SOUTH SIDE OF ALESSANDRO BOULEVARD BETWEEN FREDERICK
STREET AND GRAHAM STREET (APN’S 297-170-002 AND 003)
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California, and the lead agency for the preparation and consideration of environmental documents for local projects that are subject to requirements of the California Environmental Quality Act (CEQA) and CEQA Guidelines; and
WHEREAS, CDRE Holdings LLC., (“Developer”) has filed an application for the approval of Tentative Parcel Map 37944 PEN20-0122 (“Application”) for the Compass Danbe Centerpointe Project, (“Project”) located on the south side of Alessandro Boulevard between Frederick Street and Graham Street (APN’s 297-170-002 and 003) (“Site”); and
WHEREAS, the Application has been evaluated in accordance with Chapter 9.14 (Land Divisions) of the Municipal Code with consideration given to the City’s General Plan, Zoning Ordinance, and other applicable laws and regulations; and WHEREAS, Chapter 9.14 of the Municipal Code imposes conditions of approval upon projects for which a Tentative Parcel Map is required, which conditions may be imposed by the Planning Commission to address on-site improvements, off-site improvements, the manner in which the site is used and any other conditions as may be deemed necessary to protect the public health, safety and welfare and ensure that the proposed Project will be developed in accordance with the purpose and intent of Title 9 (“Planning and Zoning”) of the Municipal Code; and
WHEREAS, Staff has presented for the Planning Commission’s consideration Conditions of Approval to be imposed upon Tentative Parcel Map 37944 PEN20-0122 (TPM), which conditions have been deemed necessary to protect the public health, safety and welfare and ensure that the proposed Project will be developed in accordance with the purpose and intent of Title 9 (“Planning and Zoning”) of the Municipal Code; and WHEREAS, pursuant to the provisions of Section 9.02.200 (Public Hearing and Notification Procedures) of the Municipal Code and Government Code section 65905, a public hearing was scheduled for August 26, 2021 and notice thereof was duly published and posted, and mailed to all property owners of record within 600 feet of the Site; and WHEREAS, on August 26, 2021, the public hearing to consider the Application was duly conducted by the Planning Commission at which time all interested persons were provided with an opportunity to testify and to present evidence; and F.1.ad
Packet Pg. 3582 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 2 WHEREAS, consistent with the requirements of Chapter 9.14 (Land Divisions) of the Municipal Code, at the public hearing the Planning Commission considered Conditions of Approval to be imposed upon Tentative Parcel Map 37944 PEN20-0122 , which conditions were prepared by Planning Division staff who deemed said conditions to be necessary to protect the public health, safety and welfare and to ensure the proposed Project will be developed in accordance with the purpose and intent of Title 9 (“Planning and Zoning”) of the Municipal Code; and
WHEREAS, at the public hearing, the Planning Commission considered whether each of the requisite findings specified in Section 9.14.070 of the Municipal Code and set forth herein could be made with respect to the proposed Project as conditioned by Conditions of Approval; and
WHEREAS, on August 26, 2021, in accordance with the provisions of the California Environmental Quality Act (CEQA1) and CEQA Guidelines, the Planning Commission considered and recommended that the City Council approve Resolution 2021-24 recommending that the City Council adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Compass Danbe Centerpointe Project located on the south side of Alessandro Boulevard between Frederick Street and Graham Street (APN’s 297-170-002 and 003).
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals and Exhibits
That the foregoing Recitals and attached Exhibits are true and correct and are hereby incorporated by this reference.
Section 2. Notice
That pursuant to Government Code section 66020(d)(1), notice is hereby given that the proposed project is subject to certain fees, dedications, reservations and other exactions as provided herein.
Section 3. Evidence
That the Planning Commission has considered all of the evidence submitted into the administrative record for the proposed Tentative Parcel Map 37944 PEN20-0122, including, but not limited to, the following:
(a) Moreno Valley General Plan and all other relevant provisions contained therein;
(b) Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code and all other relevant provisions referenced therein;
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Packet Pg. 3583 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 3 (c) Application for the approval of Tentative Parcel Map 37944 PEN20-0122 and all documents, records and references contained therein; (d) Conditions of Approval for Tentative Parcel Map 37944 PEN20-0122, attached hereto as Exhibit A:
(e) Staff Report prepared for the Planning Commission’s consideration and all documents, records and references related thereto, and Staff’s presentation at the public hearing;
(f) Testimony and/or comments from Applicant and its representatives during the public hearing; and
(g) Testimony and/or comments from all persons that was provided in written format or correspondence, at, or prior to, the public hearing.
Section 4. Findings
That based on the foregoing Recitals and the Evidence contained in the Administrative Record as set forth above, the Planning Commission makes the following findings in approving Tentative Parcel Map 37944 PEN20-0122. (a) That the proposed map is consistent with applicable general and specific plans and the zoning ordinance;
(b) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans;
(c) That the site is physically suitable for the type of development; (d) That the site of the proposed land division is physically suitable for the proposed density of the development;
(e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
(f) That the design of the subdivision or type of improvements is not likely to cause serious public health problems;
(g) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision;
(h) That the proposed land division is not subject the Williamson Act pursuant to the California Land Conservation Act of 1965.
(i) That the proposed land division and the associated design and improvements are not consistent with applicable ordinances of the city. (j) That the design of the land division provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision. (k) That the effect of the proposed land division on the housing needs of the region were considered and balanced against the public service needs of the residents of Moreno Valley and available fiscal and environmental resources.
Section 5. Approval
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Packet Pg. 3584 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 4 That based on the foregoing Recitals, Evidence contained in the Administrative Record and Findings set forth above, the Planning Commission hereby recommends that the City Council approve Tentative Parcel Map 37944 PEN20-0122 subject to the Conditions of Approval for Tentative Parcel Map 37944 PEN20-0122 attached hereto as Exhibit A.
Section 6. Repeal of Conflicting Provisions
That all the provisions as heretofore adopted by the Planning Commission that are in conflict with the provisions of this Resolution are hereby repealed.
Section 7. Severability
That the Planning Commission declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
Section 8. Effective Date
That this Resolution shall take effect immediately upon the date of adoption.
Section 9. Certification
That the Secretary of the Planning Commission shall certify to the passage of this Resolution.
PASSED AND ADOPTED THIS __ day of _____________, 2021
CITY OF MORENO VALLEY
PLANNING COMMISSION
_________________________
Patricia Korzec, Chairperson
ATTEST:
_________________________
Patty Nevins,
Planning Official
APPROVED AS TO FORM:
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Packet Pg. 3585 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 5 _________________________
Steven B. Quintanilla,
Interim City Attorney
Exhibits:
Exhibit A: Conditions of Approval PEN20-0122
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Packet Pg. 3586 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 6 Exhibit A
CONDITIONS OF APPROVAL PEN20-0122
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Packet Pg. 3587 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 1 RESOLUTION NUMBER 2021-28
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MORENO VALLEY, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL APPROVE PLOT PLANS PEN20-0121 AND PEN20-0124 FOR
THE COMPASS DANBE CENTERPOINTE PROJECT LOCATED ON THE
SOUTH SIDE OF ALESSANDRO BOULEVARD BETWEEN FREDERICK
STREET AND GRAHAM STREET (APN’S 297-170-002 AND 003)
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California; and
WHEREAS, CDRE Holdings LLC., (“Developer”) has filed an application for the approval of the Compass Danbe Centerpointe Project, which includes the approval ofPlot Plans PEN20-0121 and PEN20-0124 (“Applications”) for the development of two light industrial buildings approximately 290,726 and 98,877 square feet in size with associated public improvements (“Project”) located on the south side of Alessandro Boulevard between Frederick Street and Graham Street (APN’s 297-170-002 and 003) (“Project Site”); and
WHEREAS, Section 9.02.070 (Plot Plan) of the Moreno Valley Municipal Code acknowledges that the purpose of plot plans is to provide a mechanism by which all new construction of industrial, commercial or multiple-family residential can be reviewed when not subject to other discretionary review processes which have review authority over project design; and
WHEREAS, the Application has been evaluated in accordance with Section
9.02.070 (Plot Plan) of the Municipal Code with consideration given to the City’s General Plan, Zoning Ordinance, and other applicable laws and regulations; and WHEREAS, Section 9.02.070 of the Municipal Code imposes conditions of approval upon projects for which a Plot Plan is required, which conditions may be imposed by the City to address on-site improvements, off-site improvements, the manner in which the site is used and any other conditions as may be deemed necessary to protect the public health, safety and welfare and ensure that the proposed Project will be developed in accordance with the purpose and intent of Title 9 (Planning and Zoning) of the Municipal Code; and
WHEREAS, Staff has presented for the Planning Commission’s consideration Conditions of Approval to be imposed upon Plot Plans PEN20-0121 and PEN20-0124, which conditions have been deemed necessary to protect the public health, safety and welfare and ensure that the proposed Project will be developed in accordance with the purpose and intent of Title 9 (Planning and Zoning) of the Municipal Code; and WHEREAS, pursuant to the provisions of Section 9.02.200 (Public Hearing and Notification Procedures) of the Municipal Code and Government Code section 65905, a public hearing was scheduled for August 26, 2021, and notice thereof was duly published F.1.ad
Packet Pg. 3588 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 2 and posted, and mailed to all property owners of record within 600 feet of the Project Site; and
WHEREAS, on August 26, 2021, the public hearing to consider the Applications was duly conducted by the Planning Commission at which time all interested persons were provided with an opportunity to testify and to present evidence; and WHEREAS, consistent with the requirements of Section 9.02.070 (Plot Plan) of the Municipal Code, at the public hearing the Planning Commission considered Conditions of Approval to be imposed upon Plot Plans PEN20-0121 and PEN20-0124, which conditions were prepared by Planning Division staff who deemed said conditions to be necessary to protect the public health, safety and welfare and to ensure the proposed Project will be developed in accordance with the purpose and intent of Title 9 (Planning and Zoning) of the Municipal Code; and
WHEREAS, at the public hearing, the Planning Commission considered whether each of the requisite findings specified in Section 9.02.070 of the Municipal Code and set forth herein could be made with respect to the proposed Project as conditioned by Conditions of Approval; and
WHEREAS, on August 26, 2021, in accordance with the provisions of the California Environmental Quality Act (CEQA) and CEQA Guidelines, the Planning Commission considered and recommended that the City Council approve Resolution 2021-24 recommending that the City Council adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Compass Danbe Centerpointe Project located on the south side of Alessandro Boulevard between Frederick Street and Graham Street (APN’s 297-170-002 and 003).
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals and Exhibits
That the foregoing Recitals and attached Exhibits are true and correct and are hereby incorporated by this reference.
Section 2. Notice
That pursuant to Government Code section 66020(d)(1), notice is hereby given that the proposed project is subject to certain fees, dedications, reservations and other exactions as provided herein.
Section 3. Evidence
That the Planning Commission has considered all of the evidence submitted into the administrative record for the proposed Plot Plans, including, but not limited to, the following:
F.1.ad
Packet Pg. 3589 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 3 (a) Moreno Valley General Plan and all other relevant provisions contained therein;
(b) Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code and all other relevant provisions referenced therein;
(c) Application for the approval of Plot Plans PEN20-0121 and PEN20-0124 and all documents, records and references contained therein; (d) Conditions of Approval for Plot Plans PEN20-0121 and PEN20-0124, attached hereto as Exhibit A;
(e) Staff Report prepared for the Planning Commission’s consideration and all documents, records and references related thereto, and Staff’s presentation at the public hearing;
(f) Testimony and/or comments from Applicant and its representatives during the public hearing; and
(g) Testimony and/or comments from all persons that was provided in written format or correspondence, at, or prior to, the public hearing.
Section 4. Findings
That based on the foregoing Recitals and the Evidence contained in the Administrative Record as set forth above, the Planning Commission makes the following findings in approving Plot Plans PEN20-0121 and PEN20-0124 (a) The proposed project is consistent with the goals, objectives, policies and programs of the general plan;
(b) The proposed project complies with all applicable zoning and other regulations;
(c) The proposed project will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity; (d) The location, design and operation of the proposed project will be compatible with existing and planned land uses in the vicinity.
Section 5. Approval
That based on the foregoing Recitals, Evidence contained in the Administrative Record and Findings set forth above, the Planning Commission hereby recommends that the City Council approve Plot Plans PEN20-0121 and PEN20-0124 subject to the Conditions of Approval for Plot Plans PEN20-0121 and PEN20-0124 attached hereto as Exhibit A.
Section 6. Repeal of Conflicting Provisions
That all the provisions as heretofore adopted by the Planning Commission that are in conflict with the provisions of this Resolution are hereby repealed.
Section 7. Severability
That the Planning Commission declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any F.1.ad
Packet Pg. 3590 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 4 final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
Section 8. Effective Date
That this Resolution shall take effect immediately upon the date of adoption.
Section 9. Certification
That the Secretary of the Planning Commission shall certify to the passage of this Resolution.
PASSED AND ADOPTED THIS __ day of _____________, 2021
CITY OF MORENO VALLEY
PLANNING COMMISSION
_________________________
Patricia Korzec, Chairperson
ATTEST:
_________________________
Patty Nevins,
Planning Official
APPROVED AS TO FORM:
_________________________
Steven B. Quintanilla,
Interim City Attorney
Exhibits:
Exhibit A: Conditions of Approval PEN20-0121 and PEN20-0124 F.1.ad
Packet Pg. 3591 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) 5 Exhibit A
CONDITIONS OF APPROVAL PEN20-0121 and PEN20-0124
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Packet Pg. 3592 Attachment: Planning Commission Staff Report and Resolutions (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) From: Ryan Nordness
To: Julia Descoteaux
Subject: RE: MND for two light industrial buildings between Frederick St and Graham St., Moreno Valley Date: Monday, August 2, 2021 1:30:27 PM
Attachments: imagea69017.PNG
Warning: External Email – Watch for Email Red Flags!
Dear Julia,
Thank you for contacting the San Manuel Band of Mission Indians (SMBMI) regarding the abovereferenced project. SMBMI appreciates the opportunity to review the project documentation, which was received by the Cultural Resources Management Department on July 28th. The proposed project is located outside of Serrano ancestral territory and, as such, SMBMI will not be requesting to receive consulting party status with the lead agency or to participate in the scoping, development, or review of documents created pursuant to legal and regulatory mandates.
Kind regards,
Ryan Nordness
Cultural Resource Analyst
San Manuel Band of Mission Indians
Ryan Nordness
CULTURAL RESOURCE ANALYST
Email: [email protected]
O: (909) 864-8933 Ext 50-2022
Internal: 50-2022
M: 909-838-4053
26569 Community Center Dr Highland California 92346
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR
ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT
IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. If the reader of this message is not the intended recipient or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination or copying of this communication is strictly prohibited. If you have received this electronic transmission in error, please delete it from your system without copying it and notify the sender by reply e-mail so that the email address record can be corrected. Thank You
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Packet Pg. 3593 Attachment: PC Comment Letters (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) F.1.ae
Packet Pg. 3594 Attachment: PC Comment Letters (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) SENT VIA E-MAIL: August 17, 2021
[email protected]
Julia Descoteaux, Associate Planner
City of Moreno Valley, Planning Department
14177 Frederick Street
P.O. Box 88005
Moreno Valley, California 92552
Mitigated Negative Declaration (MND) for the Proposed
Compass Danbe Centerpointe Project (Proposed Project)
South Coast Air Quality Management District (South Coast AQMD) staff appreciates the opportunity to comment on the above-mentioned document. The City of Moreno Valley is the California Environmental Quality Act (CEQA) Lead Agency for the Proposed Project. The following comments included recommended air quality mitigation measures and information on South Coast AQMD Rules 2305 and 316 that the Lead Agency should include in the Final MND.
Based on the MND, the Proposed Project consists of two warehouses totaling 389,603 square feet on 17.7 acres. The Proposed Project is located on the southeast corner of Alessandro Boulevard and Frederick Street in the City of Moreno Valley. Based on a review of aerial photographs, South Coast AQMD staff found that existing residential uses are located within 120 feet of the Proposed Project’s northern boundary facing Alessandro Boulevard. Construction of the Proposed Project will occur in a nine-month period. At full buildout in June 2022, the Proposed Project will generate 742 vehicle trips per day, including 518 passenger vehicle trips and 224 truck trips. Forty-two loading docks will be located along the southern boundary of the Proposed Project away from residents1. However, three truck entrances will be located at the Proposed Project’s northern boundary directly facing the existing residential uses. Based on the technical appendix2, trucks will be traveling on Alessandro Boulevard next to the existing residential uses.
South Coast AQMD Staff’s Comments
Based on a review of the MND and supporting technical appendices, South Coast AQMD staff has two comments.
1. Recommended Air Quality Mitigation Measures during Operation The Proposed Project will generate 224 truck trips per day, which is estimated by South Coast AQMD staff to be 102 trucks per day. These truck trips will be sharing the same Alessandro Boulevard as residents living north of the Proposed Project. The California Air Resources
1 MND. Page 21.
2 Appendix A2: Mobile Source Health Risk Assessment Technical. Exhibit 2-A. Page 12.
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Packet Pg. 3595 Attachment: PC Comment Letters (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) Julia Descoteaux August 17, 2021
2 Board’s (CARB) Air Quality and Land Use Handbook: A Community Health Perspective3is a general reference guide for evaluating and reducing air pollution impacts associated with new projects that go through the land use decision-making process. Based on the Handbook, CARB recommends a 1,000-foot separation between sensitive land uses and a distribution center that accommodates more than 100 trucks per day. To reduce the Proposed Project’s air quality and health risk impacts on nearby residents, South Coast AQMD staff recommends that the Lead Agency include air quality mitigation measures in the Final MND.
Mitigation measures for operational air quality impacts from mobile sources that the Lead Agency should include in the Final MND consist of the following:
• Require zero-emissions (ZE) or near-zero emission (NZE) on-road haul trucks such as heavy-duty trucks with natural gas engines that meet the CARB’s adopted optional NOx emissions standard at 0.02 grams per brake horsepower-hour (g/bhp-hr), if and when feasible. Given the state’s clean truck rules and regulations aiming to accelerate the utilization and market penetration of ZE and NZE trucks such as the Advanced Clean Trucks Rule4and the Heavy-Duty Low NOx Omnibus Regulation5, ZE and NZE trucks will become increasingly more available to use. The Lead Agency should require a phase-in schedule to incentive the use of these cleaner operating trucks to reduce any significant adverse air quality impacts. South Coast AQMD staff is available to discuss the availability of current and upcoming truck technologies and incentive programs with the Lead Agency. At a minimum, require the use of 2010 model year6that meet CARB’s 2010 engine emissions standards at 0.01 g/bhp-hr of particulate matter (PM) and 0.20 g/bhp-hr of NOx emissions or newer, cleaner trucks. Include environmental analyses to evaluate and identify sufficient electricity and supportive infrastructures in the Energy and Utilities and Service Systems Sections in the CEQA document, where appropriate.
Include the requirement in applicable bid documents, purchase orders, and contracts.
Operators shall maintain records of all trucks associated with project construction to document that each truck used meets these emission standards, and make the records available for inspection. The Lead Agency should conduct regular inspections to the maximum extent feasible to ensure compliance.
• Provide electric vehicle (EV) charging stations or at a minimum, provide the electrical infrastructure and electrical panels should be appropriately sized. Electrical hookups should be provided for truckers to plug in any onboard auxiliary equipment.
3 CARB’s Air Quality and Land Use Handbook: A Community Health Perspective can be found at:
http://www.arb.ca.gov/ch/handbook.pdf.
4 CARB. June 25, 2020. Advanced Clean Trucks Rule. Accessed at: https://ww2.arb.ca.gov/our-work/programs/advanced-cleantrucks. 5 CARB has recently passed a variety of new regulations that require new, cleaner heavy-duty truck technology to be sold and used in state. For example, on August 27, 2020, CARB approved the Heavy-Duty Low NOx Omnibus Regulation, which will require all trucks to meet the adopted emission standard of 0.05 g/hp-hr starting with engine model year 2024. Accessed at:
https://ww2.arb.ca.gov/rulemaking/2020/hdomnibuslownox. 6 CARB adopted the statewide Truck and Bus Regulation in 2010. The Regulation requires diesel trucks and buses that operate in California to be upgraded to reduce emissions. Newer heavier trucks and buses must meet particulate matter filter requirements beginning January 1, 2012. Lighter and older heavier trucks must be replaced starting January 1, 2015. By January 1, 2023, nearly all trucks and buses will need to have 2010 model year engines or equivalent. More information on the CARB’s Truck and Bus Regulation is available at: https://www.arb.ca.gov/msprog/onrdiesel/onrdiesel.htm.
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Packet Pg. 3596 Attachment: PC Comment Letters (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) Julia Descoteaux August 17, 2021
3 Mitigation measures for operational air quality impacts from other area sources that the Lead Agency should include in the Final MND consist of the following:
• Maximize use of solar energy by installing solar energy arrays. • Use light colored paving and roofing materials.
• Utilize only Energy Star heating, cooling, and lighting devices, and appliances. • Use of water-based or low VOC cleaning products that go beyond the requirements of South Coast AQMD Rule 1113.
Design considerations for the Proposed Project that the Lead Agency should consider to further reduce air quality and health risk impacts include the following:
• Re-design the Proposed Project such that truck entry and exit points are not facing sensitive receptors and are not located along Alessandro Boulevard. • Prohibit trucks from traveling on Alessandro Boulevard and passing next to sensitive land uses to enter or leave the Proposed Project site.
• Re-design the Proposed Project such that any check-in point for trucks is inside the Proposed Project site to ensure that there are no trucks queuing and/or idling outside on Alessandro Boulevard next to sensitive land uses (e.g., residences). • Clearly mark truck routes with trailblazer signs, so that trucks will not travel next to or near sensitive land uses (e.g., residences).
• Design the Proposed Project to ensure that truck traffic inside the Proposed Project site is as far away as feasible from sensitive receptors.
• Restrict overnight truck parking in sensitive land uses by providing overnight truck parking inside the Proposed Project site.
2. South Coast AQMD Rule 2305 and Rule 316
On May 7, 2021, South Coast AQMD’s Governing Board adopted Rule 2305 – Warehouse Indirect Source Rule – Warehouse Actions and Investments to Reduce Emissions (WAIRE) Program, and Rule 316 – Fees for Rule 2305. Rules 2305 and 316 are new rules that will reduce regional and local emissions of nitrogen oxides (NOx) and particulate matter (PM), including diesel PM. These emission reductions will reduce public health impacts for communities located near warehouses from mobile sources that are associated with warehouse activities. Also, the emission reductions will help the region attain federal and state ambient air quality standards.
Rule 2305 applies to owners and operators of warehouses greater than or equal to 100,000 square feet. Under Rule 2305, operators are subject to an annual WAIRE Points Compliance Obligation that is calculated based on the annual number of truck trips to the warehouse. WAIRE Points can be earned by implementing actions in a prescribed menu in Rule 2305, implementing a sitespecific custom plan, or paying a mitigation fee. Warehouse owners are only required to submit limited information reports, but they can opt in to earn Points on behalf of their tenants if they so choose because certain actions to reduce emissions may be better achieved at the warehouse development phase, for instance the installation of solar and charging infrastructure. Rule 316 is a companion fee rule for Rule 2305 to allow South Coast AQMD to recover costs associated with Rule 2305 compliance activities. Since the Proposed Project consists of the development of 389,603 square feet that would be used for warehouse activities, the Proposed Project’s warehouse owners and operators will be required to comply with Rule 2305 once the warehouse F.1.ae
Packet Pg. 3597 Attachment: PC Comment Letters (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe) Julia Descoteaux August 17, 2021
4 is occupied. Therefore, South Coast AQMD staff recommends that the Lead Agency review South Coast AQMD Rule 2305 to determine the potential WAIRE Points Compliance Obligation for future operators and explore whether additional project requirements and CEQA mitigation measures can be identified and implemented at the Proposed Project that may help future warehouse operators meet their compliance obligation7. South Coast AQMD staff is available to answer questions concerning Rule 2305 implementation and compliance by phone or email at (909) 396-3140 or [email protected]. For implementation guidance documents and compliance and reporting tools, please visit South Coast AQMD’s WAIRE Program webpage8.
Conclusion
Pursuant to CEQA Guidelines Section 15074, prior to approving the Proposed Project, the Lead Agency shall consider the MND for adoption together with any comments received during the public review process. Please provide South Coast AQMD with written responses to all comments contained herein prior to the adoption of the Final MND. When responding to issues raised in the comments, responses should provide sufficient details giving reasons why specific comments and suggestions are not accepted. There should be good faith, reasoned analysis in response. Conclusory statements unsupported by factual information do not facilitate the purpose and goal of CEQA on public disclosure and are not meaningful, informative, or useful to decision makers and the public who are interested in the Proposed Project. Further, when the Lead Agency makes the finding that the recommended air quality mitigation measures are not feasible, the Lead Agency should describe the specific reasons supported by substantial evidence for rejecting it in the Final MND (CEQA Guidelines Sections 15070 and 15074.1).
South Coast AQMD staff is available to work with the Lead Agency to address any air quality questions that may arise from this comment letter. Please contact me at [email protected], should you have any questions.
Sincerely,
Lijin Sun
Lijin Sun
Program Supervisor, CEQA IGR
Planning, Rule Development & Area Sources
LS
LAC210727-05
Control Number
7 South Coast AQMD Rule 2305 – Warehouse Indirect Source Rule – Warehouse Actions and Investments to Reduce Emissions (WAIRE) Program. Accessed at: http://www.aqmd.gov/docs/default-source/rule-book/reg-xxiii/r2305.pdf. 8 South Coast AQMD WAIRE Program. Accessed at: http://www.aqmd.gov/waire.
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Packet Pg. 3598 Attachment: PC Comment Letters (5554 : PEN20-0118-0119, PEN20-0122 and PEN 20-0124 Compass Danbe)