Moreno Valley City Council
January 18, 2022

Mitigation Measure Responsible
Agency or
Party
Action Required Monitoring Agency or
Party
Timing
vegetation clearing or ground disturbance shall commence until the qualified biologist and the City verify that the nests are no longer occupied and juvenile birds can survive
independently from the nests.

BIO-2: Within 30 days prior to grading, a qualified biologist shall conduct a survey of suitable habitat on site and make a determination regarding the presence or absence of the burrowing owl. The determination shall be documented in a report and shall be submitted, reviewed, and accepted by the City of Moreno Valley prior to the issuance of a grading permit and subject to the following provisions:

Project
Applicant
Submit a preconstruction survey
that determines the
presence of the
burrowing owl for
review and approval
City of Moreno Valley
Planning Division
Prior to any
site grading
activities or
permit
issuance
a) In the event that the pre-construction survey identifies no burrowing owls on the property, a grading permit may be issued without restriction.

b) In the event that the pre-construction survey identifies the presence of at least one individual but less than three (3) mating pairs of burrowing owls, then prior to the issuance of a grading permit and prior to the commencement of grounddisturbing activities on the property, the qualified biologist shall passively or actively relocate any burrowing owls.

Passive relocation, including the required use of one-way doors to exclude owls from the site and the collapsing of burrows, will occur if the biologist determines that the proximity and availability of alternate habitat is suitable for

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Packet Pg. 3966 Attachment: Exhibit C to Resolution No. 2021-48 Mitigation Monitoring and Reporting Program (5641 :

The Courtyard at Cottonwood Family Apartments Phase II
Mitigation Monitoring Reporting Program

successful passive relocation. Passive relocation shall follow California Department of Fish and Wildlife (CDFW) relocation protocol and shall only occur between September 15 and
February 1. If proximate alternate habitat is not present as determined by the biologist, active relocation shall follow CDFW relocation protocol. The biologist shall confirm in writing that the species has fledged the site or been relocated prior to the issuance of a grading permit.

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Packet Pg. 3967 Attachment: Exhibit C to Resolution No. 2021-48 Mitigation Monitoring and Reporting Program (5641 :

The Courtyard at Cottonwood Family Apartments Phase II
Mitigation Monitoring Reporting Program

Mitigation Measure Responsible
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Action Required Monitoring Agency or
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Timing
c) In the event that the pre-construction survey identifies the presence of three (3) or more mating pairs of burrowing owls, the requirements of MSHCP Species-Specific Conservation Objectives 5 for the burrowing owl shall be followed.

Objective 5 states that if the site (including adjacent areas) supports three (3) or more pairs of burrowing owls and
supports greater than 35 acres of suitable habitat, at
least 90 percent of the area with long-term conservation value and burrowing owl pairs will be conserved onsite until it is demonstrated that Objectives 1-4 have been met. A grading permit shall be issued, either:
• Upon approval and implementation of a
property-specific Determination of Biologically
Superior Preservation (DBESP) report for the
burrowing owl by the CDFW; or
• A determination by the biologist that the site is
part of an area supporting less than 35 acres of
suitable Habitat, and upon passive or active
relocation of the species following accepted
CDFW protocols. Passive relocation, including the
required use of one-way doors to exclude owls
from the site and the collapsing of burrows, will
occur if the biologist determines that the
proximity and availability of alternate habitat is
suitable for successful passive relocation.

Passive relocation shall follow CDFW relocation
protocol and shall only occur between

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Packet Pg. 3968 Attachment: Exhibit C to Resolution No. 2021-48 Mitigation Monitoring and Reporting Program (5641 :

The Courtyard at Cottonwood Family Apartments Phase II
Mitigation Monitoring Reporting Program

September 15 and February 1. If proximate
alternate habitat is not present as determined by
the biologist, active relocation shall follow CDFW
relocation protocol. The biologist shall confirm in
writing that the species has fledged the site or
been relocated prior to the issuance of a grading
permit.

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Packet Pg. 3969 Attachment: Exhibit C to Resolution No. 2021-48 Mitigation Monitoring and Reporting Program (5641 :

The Courtyard at Cottonwood Family Apartments Phase II
Mitigation Monitoring Reporting Program

Mitigation Measure Responsible
Agency or
Party
Action Required Monitoring Agency or
Party
Timing
BIO-3: Prior to Grading Permit issuance, the Project Applicant shall demonstrate, to the satisfaction of the Moreno Valley Planning Department that the Project complies with the following:
a) Tree Removal— Trees shall not be removed from the site during the avian resting reason from February 1 through August 31. If ground disturbance and vegetation removal cannot occur outside of the nesting season, a pre-construction clearance survey for nesting birds should be conducted within three (3) days of the start of any ground disturbing activities to ensure that no nesting birds will be disturbed during
construction. The biologist conducting the clearance survey should document a negative survey with avian nest will occur.

If an active avian nest is discovered during the preconstruction clearance survey, construction activities should stay outside a 300-foot buffer around the active nest. For raptors and special-status species this buffer will be expanded to 500 feet. It is recommended that a biological monitor be present to delineate the boundaries of the buffer area and to monitor the active best to ensure that nesting behavior is not adversely affected by the construction activity. Once the young have fledged and left the nest, or the best otherwise becomes inactive under natural conditions, normal
construction activities can occur.

Project Applicant Submit tree removal
survey for review and
approval
City of Moreno Valley
Planning Division
Prior to grading
permit issuance
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Packet Pg. 3970 Attachment: Exhibit C to Resolution No. 2021-48 Mitigation Monitoring and Reporting Program (5641 :

The Courtyard at Cottonwood Family Apartments Phase II
Mitigation Monitoring Reporting Program

Mitigation Measure Responsible
Agency or
Party
Action Required Monitoring Agency or
Party
Timing
V. CULTURAL RESOURCES
CUL-1: Prior to the issuance of a grading permit, the Project Applicant shall provide evidence to the City of Moreno Valley that a qualified paleontologist has been retained by the Project Applicant to conduct monitoring of excavation activities and has the authority to halt and redirect earthmoving activities in the event that suspected paleontological resources are unearthed.

Project
Applicant
Hire a qualified
paleontologist
City of Moreno Valley
Planning Division
Prior to any
grading
activities or
permit
issuance
CUL-2: The paleontological monitor shall conduct full- time monitoring during grading and excavation operations in undisturbed, very old alluvial fan sediments at or below four (4) feet below ground surface and shall be equipped to salvage fossils if they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The paleontological monitor shall be empowered to temporarily halt or divert equipment to allow of removal of abundant and large specimens in a timely manner. Monitoring may be reduced if the potentially fossiliferous units are not present in the subsurface, or if present, are determined upon exposure and examination by qualified
paleontological personnel to have a low potential to contain or yield fossil resources.

Project
Applicant
Site monitor by
qualified
paleontologist
during grading
activities
City of Moreno
Valley Planning
Division
During site
grading
activities
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Packet Pg. 3971 Attachment: Exhibit C to Resolution No. 2021-48 Mitigation Monitoring and Reporting Program (5641 :

The Courtyard at Cottonwood Family Apartments Phase II
Mitigation Monitoring Reporting Program

Mitigation Measure Responsible
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Action Required Monitoring Agency or
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Timing
CUL-3: Recovered specimens shall be properly prepared to a point of identification and permanent preservation, including screen washing sediments to recover small invertebrates and vertebrates, if necessary.

Identification and curation of specimens into a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable storage, such as the Western Science Museum in Hemet, California, is required for significant discoveries. The paleontologist must have a written repository agreement in hand prior to initiation of mitigation activities.

Project
Applicant
Monitor during
grading
City of Moreno Valley
Planning Division
During
grading
activities
CUL-4: A final monitoring and mitigation report of findings and significance shall be prepared, including lists of all fossils recovered, if any, and necessary maps and graphics to accurately record the original location of the specimens. The report shall be submitted to the City of Moreno Valley prior to building final.

Project
Applicant
Submit final
report prior to
building final
City of Moreno Valley
Planning
Prior to Final
Building sign
off
XII. Noise
NOI-1: Prior to issuance of a grading permit, the developer shall prepare a Construction Noise Control Plan (CNCP) and submit it to the City for review and approval.

The plan shall include but will not be limited to the following:

Project
Applicant
Site Monitor
during
construction
City of Moreno Valley
Planning Division
During
Building
Construction
a) During all project site excavation and grading, contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers
consistent with manufacturers’
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Packet Pg. 3972 Attachment: Exhibit C to Resolution No. 2021-48 Mitigation Monitoring and Reporting Program (5641 :

The Courtyard at Cottonwood Family Apartments Phase II
Mitigation Monitoring Reporting Program

Mitigation Measure Responsible
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Action Required Monitoring Agency or
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Timing
standards.
b) The project contractor shall place all stationary construction equipment so that emitted noise is directed away from
sensitive receptors nearest the project site.
c) The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise-sensitive
receptors nearest the project site during all project
construction.
d) A temporary construction barrier with a minimum height of 8 feet shall be placed along the project’s property line during project grading and construction.
e) During all project site construction, the construction contractor shall limit all construction-related activities, including maintenance of construction equipment and the staging of haul trucks, to between the hours of 8:00 a.m. to 4:00 p.m. Monday through Friday. Any work to be completed on Saturday shall be by prior appointment only. No
construction is permitted on Sundays and government code holidays. Per City Standard Plans MVSI-166A-0 and MSVI166B-1. f) Prior to issuance of a grading or building permit, the developer shall prepare a haul route and staging plan for any trucks hauling earth or construction materials to or from the project site to where material will be disposed (i.e. export).

The plan shall be reviewed and approved by the City

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Packet Pg. 3973 Attachment: Exhibit C to Resolution No. 2021-48 Mitigation Monitoring and Reporting Program (5641 :

The Courtyard at Cottonwood Family Apartments Phase II
Mitigation Monitoring Reporting Program

Mitigation Measure Responsible
Agency or
Party
Action Required Monitoring Agency or
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Timing
before a grading permit is issued by the City. To the extent feasible, haul routes and truck staging areas shall not pass sensitive land uses or residential dwellings not on a direct driving route to the closest freeway.

NOI-2: Prior to issuance of a grading or building permit, the developer shall prepare a haul route and staging plan for any trucks hauling earth or construction materials to or from the project site to where material will be disposed (i.e. export). The plan shall be reviewed and approved by the City before a grading permit is issued by the City. To the extent feasible, haul routes and truck staging areas shall not pass sensitive land uses or residential dwellings not on a direct driving route to the closest freeway.

Haul truck and other construction-related trucks traveling to and from the project site shall be restricted to the same hours specified for the operation of construction equipment. To the extent feasible, construction haul routes shall not pass directly by sensitive land uses or residential dwellings.

Project
Applicant
Site Monitor
during
construction
City of Moreno Valley
Planning Division
During
Building
Construction
XVII. Tribal Cultural Resources
TCR-1: Prior to the issuance of a grading permit, the Developer shall retain a professional archaeologist to conduct monitoring of all mass grading and trenching activities. The Project Archaeologist shall have the authority
Project
Applicant
Submit a Cultural
Resources
Monitoring
Agreement
City of Moreno Valley
Planning Division
Prior to any
grading
activities or
permit
issuance
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Packet Pg. 3974 Attachment: Exhibit C to Resolution No. 2021-48 Mitigation Monitoring and Reporting Program (5641 :

The Courtyard at Cottonwood Family Apartments Phase II
Mitigation Monitoring Reporting Program

Mitigation Measure Responsible
Agency or
Party
Action Required Monitoring Agency or
Party
Timing
to temporarily redirect earthmoving activities in the event that suspected archaeological resources are unearthed during Project construction. The Project Archaeologist, in consultation with the Consulting Tribe(s), the contractor, and the City, shall develop a Cultural Resources Management Plan (CRMP) in consultation pursuant to the definition in AB52 to address the details, timing and responsibility of all archaeological and cultural activities that will occur on the project site. A consulting tribe is defined as a tribe that initiated the AB 52 tribal consultation process for the Project, has not opted out of the AB52 consultation process, and has completed AB 52 consultation with the City as provided for in Cal Pub Res Code Section 21080.3.2(b)(1) of AB52.

Details in the Plan shall include:
• Project grading and development scheduling.
• The Project archeologist and the Consulting Tribes(s) as defined in CR-1 shall attend the pre-grading meeting with the City, the construction manager and any contractors and will conduct a mandatory Cultural Resources Worker Sensitivity Training to those in attendance. The Training will include a brief review of the cultural sensitivity of the Project and the surrounding area; what resources could potentially be identified during earthmoving activities; the requirements of the monitoring program; the protocols that apply in the event inadvertent discoveries of cultural resources are identified, including who to

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Packet Pg. 3975 Attachment: Exhibit C to Resolution No. 2021-48 Mitigation Monitoring and Reporting Program (5641 :

The Courtyard at Cottonwood Family Apartments Phase II
Mitigation Monitoring Reporting Program

Mitigation Measure Responsible
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Action Required Monitoring Agency or
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Timing
contact and appropriate avoidance measures until the find(s) can be properly evaluated; and any other appropriate protocols. All new construction personnel that will conduct earthwork or grading activities that begin work on the Project following the initial Training must take the Cultural Sensitivity Training prior to beginning work and the Project archaeologist and Consulting Tribe(s) shall make themselves available to provide the training on an as-needed basis;
• The protocols and stipulations that the contractor, City, Consulting Tribe(s) and Project archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation.

TCR-2: Prior to the issuance of a grading permit, the Developer shall secure agreements with the Pechanga Band of Luiseño Indians and Soboba Band of Luiseño Indians for tribal monitoring. The Developer is also required to provide a minimum of 30 days advance notice to the tribes of all mass grading and trenching activities. The Native American Tribal Representatives shall have the authority to temporarily halt and redirect earth moving activities in the affected area in the event that suspected archaeological
resources are unearthed. If the Native American Tribal
Project
Applicant
Proof that
appropriate Native
American
representative(s),
Project
Archaeologist and
the Tribal
representative(s)
shall be allowed to
monitor and
City of Moreno Valley
Planning Division
Prior to
grading
activities or
permit
issuance
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Packet Pg. 3976 Attachment: Exhibit C to Resolution No. 2021-48 Mitigation Monitoring and Reporting Program (5641 :

The Courtyard at Cottonwood Family Apartments Phase II
Mitigation Monitoring Reporting Program

Mitigation Measure Responsible
Agency or
Party
Action Required Monitoring Agency or
Party
Timing
Representatives suspect that an archaeological resource may have been unearthed, the Project Archaeologist or the Tribal Representatives shall immediately redirect grading operations in a 100-foot radius around the find to allow identification and evaluation of the suspected resource. In consultation with the Native American Tribal Representatives, the Project Archaeologist shall evaluate the suspected resource and make a determination of significance pursuant to California Public Resources Code Section 21083.2.
have received a
minimum of 30-
days advance notice
of all mass grading
and trenching
activities.

TCR-3: In the event that Native American cultural resources are discovered during the course of grading (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries:
a) One or more of the following treatments, in order of preference, shall be employed with the tribes. Evidence of such shall be provided to the City of Moreno Valley Planning Department:
i. Preservation-In-Place of the cultural resources, if feasible.

Preservation in place means avoiding the resources, leaving them in the place they were found with no development affecting the integrity of the resources.

Project
Applicant
Monitor during
grading activities
City of Moreno Valley
Planning Division
Prior to any
grading
activities or
permit
issuance
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Packet Pg. 3977 Attachment: Exhibit C to Resolution No. 2021-48 Mitigation Monitoring and Reporting Program (5641 :

The Courtyard at Cottonwood Family Apartments Phase II
Mitigation Monitoring Reporting Program

Mitigation Measure Responsible
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Party
Action Required Monitoring Agency or
Party
Timing
ii. Onsite reburial of the discovered items as detailed in the treatment plan required pursuant to Mitigation Measure CR-1. This shall include measures and provisions to protect the future reburial area from any future impacts in perpetuity. Reburial shall not occur until all legally required cataloging and basic recordation have been completed. No recordation of sacred items is permitted without the written consent of all Consulting Native American Tribal Governments as defined in CR-1.

TCR-4: The City shall verify that the following note is included on the Grading Plan:
“If any suspected archaeological resources are discovered during ground-disturbing activities and the Project Archaeologist or Native American Tribal Representatives are not present, the construction supervisor is obligated to halt work in a 100-foot radius around the find and call the Project Archaeologist and the Tribal Representatives to the site to assess the significance of the find."
Project
Applicant
Verify required
condition is noted on
the grading plans
City of Moreno Valley
Planning Division
Prior to any
grading
activities or
permit
issuance
TCR-5: If potential historic or cultural resources are uncovered during excavation or construction activities at the project site, work in the affected area must cease immediately and a qualified person meeting the Secretary of the Interior's
standards (36 CFR 61), Tribal Representatives, and all site Project
Applicant
Verify required
condition is noted on
the grading plans
City of Moreno Valley
Planning Division
Prior to any
grading
activities or
permit
issuance
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Packet Pg. 3978 Attachment: Exhibit C to Resolution No. 2021-48 Mitigation Monitoring and Reporting Program (5641 :

The Courtyard at Cottonwood Family Apartments Phase II
Mitigation Monitoring Reporting Program

Mitigation Measure Responsible
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monitors per the Mitigation Measures, shall be consulted by the City to evaluate the find, and as appropriate recommend alternative measures to avoid, minimize or mitigate negative effects on the historic, or prehistoric resource. Determinations and recommendations by the consultant shall be immediately submitted to the Planning Division for consideration, and implemented as deemed appropriate by the Community Development Director, in consultation with the State Historic Preservation Officer (SHPO) and any and all Consulting Native American Tribes as defined in CR-1 before any further work commences in the affected area.

TCR-6: If human remains are discovered, no further disturbance shall occur in the affected area until the County Coroner has made necessary findings as to origin. If the County Coroner determines that the remains are potentially Native American, the California Native American Heritage Commission shall be notified within 24 hours of the published finding to be given a reasonable opportunity to identify the “most likely descendant”. The “most likely descendant” shall then make recommendations and engage in consultations concerning the treatment of the remains (California Public Resources Code 5097.98). (GP Objective

23.3, CEQA).

Project
Applicant
Site monitor
during grading
activities
City of Moreno Valley
Planning Division
During
Grading
activities
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Packet Pg. 3979 Attachment: Exhibit C to Resolution No. 2021-48 Mitigation Monitoring and Reporting Program (5641 :
1 RESOLUTION NUMBER 2022-XX

A RESOLUTION OF CITY COUNCIL OF THE CITY OF MORENO

VALLEY, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT
(PEN21-0113) TO AMEND THE GENERAL PLAN LAND USE MAP,

CHANGING THE LAND USE DESIGNATION FROM PUBLIC (P) TO
RESIDENTIAL 15 (R15) FOR THE PROPERTY LOCATED ON THE EAST

SIDE OF INDIAN STREET NORTH OF COTTONWOOD AVENUE (APN
482-161-026) 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, Rancho Belago Developers Inc., (“Applicant”) is seeking approval for the development of the Courtyards at Cottonwood Phase II project which includes the development of a 32-unit affordable housing apartment complex with associated public improvements (“Proposed Project”), located on the east side of Indian Street north of Cottonwood Avenue (APN 482-161-026) (“Project 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 January 18, 2022, 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 December 9, 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 December 9, 2021, a hearing was conducted by the Planning Commission to consider General Plan Amendment (PEN21-0113), whereby the Planning Commission approved Planning Commission Resolution 2021-49, a recommendation that the City Council approve the General Plan Amendment (PEN21-0113); and WHEREAS, on December 9, 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 2021-48 recommending that the City Council adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Courtyards at Cottonwood Phase II located on the east side of Indian Street, north of Cottonwood Avenue (APN 482-161-026); and
WHEREAS, on January 18, 2022 the public hearing to consider the Application 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 F.2.q
Packet Pg. 3980 Attachment: Resolution No. 2022-XX General Plan Amendment (PEN21-0113) [Revision 3] (5641 : Courtyards at Cottonwood Phase II) 2 WHEREAS, on January 18, 2022, in accordance with the provisions of the California Environmental Quality Act (CEQA) and CEQA Guidelines, the City Council considered and approved Resolution 2022-XX adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Courtyards at Cottonwood Phase II Project located on the east side of Indian Street, north of Cottonwood Avenue (APN 482-161-026).

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 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 Public (P) to Residential 15 (R15) and all relevant provisions contained therein as shown on Exhibit A;
(d) Application for the approval of a General Plan Amendment (PEN21-0113) and all documents, records and references contained therein; (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, 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 City Council makes the following findings:

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Packet Pg. 3981 Attachment: Resolution No. 2022-XX General Plan Amendment (PEN21-0113) [Revision 3] (5641 : Courtyards at Cottonwood Phase II) 3 (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.

Section 5. Approval
That based on the foregoing Recitals, Evidence contained in the Administrative Record and Findings, as set forth herein, the City Council hereby approves General Plan Amendment (PEN21-0113) 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 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 18th day of January, 2022

CITY OF MORENO VALLEY

CITY COUNCIL
_________________________
Dr. Yxstian A. Gutierrez,
Mayor of the City of Moreno Valley
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Packet Pg. 3982 Attachment: Resolution No. 2022-XX General Plan Amendment (PEN21-0113) [Revision 3] (5641 : Courtyards at Cottonwood Phase II) 4 ATTEST:
_________________________
Pat Jacquez-Nares, City Clerk
APPROVED AS TO FORM:
_________________________
Steven B. Quintanilla,
Interim City Attorney
Exhibits:

Exhibit A: General Plan Amendment Land Use Designation Map F.2.q
Packet Pg. 3983 Attachment: Resolution No. 2022-XX General Plan Amendment (PEN21-0113) [Revision 3] (5641 : Courtyards at Cottonwood Phase II) Exhibit A
General Plan Amendment Land Use Designation Map
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Packet Pg. 3984 Attachment: Resolution No. 2022-XX General Plan Amendment (PEN21-0113) [Revision 3] (5641 : Courtyards at Cottonwood Phase II) 1 Ordinance No. 2022-XX
Date Adopted: January __, 2022
ORDINANCE NO. XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, APPROVING CHANGE OF ZONE (PEN21-0114)

TO AMEND THE CITY ZONING ATLAS FROM PUBLIC (P) DISTRICT TO RESIDENTIAL 15 (R15) DISTRICT, FOR THE PROPERTY LOCATED ON

THE EAST SIDE OF INDIAN STREET NORTH OF COTTONWOOD
AVENUE (APN 482-161-026)
The City Council of the City of Moreno Valley does ordain as follows:

SECTION 1 GENERAL:

1.1 Rancho Belago Developer, Inc., (“Applicant”) has filed an application for the approval of the Courtyards at Cottonwood Phase II, which includes the approval of a Change of Zone (PEN21-0114) (“Application”) a request to amend the City’s Zoning Atlas from Public (P) District to Residential 15 (R15) District for the property located on the east side of Indian Street north of Cottonwood Avenue (APN 482-161-026) (“Project Site)”; and

1.2 At its December 9, 2021 meeting, the Planning Commission considered the Change of Zone for Courtyards at Cottonwood Phase II project and recommended approval to the City Council; and

1.3 Pursuant to the provisions of the law, a public hearing was held before the City Council on January 18, 2022, for deliberations and decision; and

1.4 The matter was fully discussed, and the public and other agencies were given opportunity to present testimony and documentation; and

1.5 An Initial Study has been prepared for the Project for the purpose of compliance with the California Environmental Quality Act (CEQA). Based on the Initial Study including all supporting technical evidence, it was determined that the project impacts are expected to be less than significant with mitigation, and approval of a Mitigated Negative Declaration is an appropriate environmental determination for the Project.

SECTION 2 EVIDENCE:

That the City Council has considered all of the evidence submitted into the administrative record for Change of Zone (PEN21-0114), 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;
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Packet Pg. 3985 Attachment: Ordinance No XXX Courtyards at Cottonwood Phase II [Revision 2] (5641 : Courtyards at Cottonwood Phase II) 2 Ordinance No. 2022-XX
Date Adopted: January __, 2022
(c) The change the zoning designation of the site from Public (P) District to Residential 15 (R15) District, and all other relevant provisions contained therein as shown on Exhibit A;
(d) Application for the approval of Change of Zone (PEN21-0114) and all documents, records and references contained therein;
(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 comments and/or correspondence from all persons that were provided in written format or correspondence, at, or prior to, the public hearing.

SECTION 3 FINDINGS:

That based on the foregoing Recitals and the Evidence contained in the Administrative Record as set forth above, the City Council hereby finds as follows:
(a) The proposed amendment is consistent with the existing goals, objectives, policies and programs of the General Plan;
(b) The proposed amendment will not adversely affect the public health, safety or general welfare; and
(c) The proposed amendment is consistent with the purposes and intent of Title 9.

SECTION 4 AMENDMENT OF THE OFFICIAL ZONING ATLAS:

4.1 The City of Moreno Valley Official Zoning Atlas, as adopted by Ordinance No. 981, on August 3, 2021, of the City of Moreno Valley, and as amended thereafter from time to time by the City Council of the City of Moreno Valley, is further amended by placing in effect the zone or zone classification to page 96 of the Official Zoning Atlas as shown on the attached map marked “Exhibit A” and included herein by reference and on file in the office of the City Clerk.

SECTION 5 EFFECT OF ENACTMENT:

5.1 Except as specifically provided herein, nothing contained in this ordinance shall be deemed to modify or supersede any prior enactment of the City Council which addresses the same subject addressed herein.

SECTION 6 NOTICE OF ADOPTION:

6.1 Within fifteen days after the date of adoption hereof, the City Clerk shall certify to the adoption of this ordinance and cause it to be posted in three public places within the city.

F.2.r
Packet Pg. 3986 Attachment: Ordinance No XXX Courtyards at Cottonwood Phase II [Revision 2] (5641 : Courtyards at Cottonwood Phase II) 3 Ordinance No. 2022-XX
Date Adopted: January __, 2022
SECTION 7 EFFECTIVE DATE:

7.1 This ordinance shall take effect thirty days after the date of its adoption.

APPROVED AND ADOPTED this 18th day of January, 2022.

CITY OF MORENO VALLEY

CITY COUNCIL
____________________
Dr. Yxstian A. Gutierrez
Mayor of the City of Moreno Valley
ATTEST:
___________________________________
Pat Jacquez-Nares, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven B. Quintanilla, Interim City Attorney
F.2.r
Packet Pg. 3987 Attachment: Ordinance No XXX Courtyards at Cottonwood Phase II [Revision 2] (5641 : Courtyards at Cottonwood Phase II) 4 Ordinance No. 2022-XX
Date Adopted: January __, 2022

ORDINANCE JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )
I, Pat Jacquez-Nares, City Clerk of the City of Moreno Valley, California, do hereby certify that Ordinance No. YYYY-___ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the _____ day of January, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
___________________________________

CITY CLERK
(SEAL)
F.2.r
Packet Pg. 3988 Attachment: Ordinance No XXX Courtyards at Cottonwood Phase II [Revision 2] (5641 : Courtyards at Cottonwood Phase II) 5 Ordinance No. 2022-XX
Date Adopted: January __, 2022

EXHIBIT A
F.2.r
Packet Pg. 3989 Attachment: Ordinance No XXX Courtyards at Cottonwood Phase II [Revision 2] (5641 : Courtyards at Cottonwood Phase II) 1 RESOLUTION NUMBER 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, TO APPROVE PLOT PLAN (PEN21-0112) FOR A 32-UNIT AFFORDABLE HOUSING PROJECT LOCATED ON INDIAN
STREET NORTH OF COTTONWOOD AVENUE (APN 482-161-026)
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California; and
WHEREAS, Rancho Belago (“Applicant”) has filed an application for the approval of the Courtyards at Cottonwood – Phase II , which includes the approval of Plot Plan (PEN21-0112) (“Application”) for the development of a 32-unit affordable housing apartment project with associated public improvements (“Project”) located on the east side of Indian Street north of Cottonwood Avenue (APN 482-161-026) (“Project Site”); and
WHEREAS, Section 9.02.070 (Plot Plan) of the Moreno Valley Municipal Code acknowledges that the purpose of a plot plan 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, on December 9, 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 December 9, 2021, a hearing was conducted by the Planning Commission to consider Plot Plan (PEN21-0112), whereby the Planning Commission approved Planning Commission Resolution 2021-51, a recommendation that the City Council approve the Plot Plan (PEN21-0112); and
WHEREAS, on December 9, 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 2021-48 recommending that the City Council adopt a Mitigated Negative Declaration and F.2.s
Packet Pg. 3990 Attachment: Resolution No. 2022-XX Plot Plan (PEN21-0112) [Revision 2] (5641 : Courtyards at Cottonwood Phase II) 2 Mitigation Monitoring and Reporting Program for the Courtyards at Cottonwood Phase II located on the east side of Indian Street, north of Cottonwood Avenue (APN 482-161-026); and
WHEREAS, Staff has presented for the City Council’s consideration Conditions of Approval to be imposed upon Plot Plan (PEN21-0112), 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 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 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 Plan (PEN21-0112) 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 Courtyards at Cottonwood Phase II Project located on the east side of Indian Street north of Cottonwood Avenue (APN 482-161- 026).

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.

F.2.s
Packet Pg. 3991 Attachment: Resolution No. 2022-XX Plot Plan (PEN21-0112) [Revision 2] (5641 : Courtyards at Cottonwood Phase II) 3 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 considered all of the evidence submitted into the administrative record for the proposed Plot Plan, 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 Plan (PEN21-0112) and all documents, records and references contained therein;
(d) Conditions of Approval for Plot Plan (PEN21-0112), 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 Plan (PEN21-0112).
(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 City Council approves Plot Plan (PEN21-0112) F.2.s
Packet Pg. 3992 Attachment: Resolution No. 2022-XX Plot Plan (PEN21-0112) [Revision 2] (5641 : Courtyards at Cottonwood Phase II) 4 subject to the Conditions of Approval for Plot Plan (PEN21-0112) 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 18th day of January, 2022

CITY OF MORENO VALLEY

CITY COUNCIL
_________________________
Dr. Yxstian A. Gutierrez,
Mayor of the City of Moreno Valley
ATTEST:
_________________________
Pat Jacquez-Nares, City Clerk
APPROVED AS TO FORM:
_________________________
Steven B. Quintanilla,
Interim City Attorney
F.2.s
Packet Pg. 3993 Attachment: Resolution No. 2022-XX Plot Plan (PEN21-0112) [Revision 2] (5641 : Courtyards at Cottonwood Phase II) 5 Exhibits:

Exhibit A: Conditions of Approval PEN21-0112
F.2.s
Packet Pg. 3994 Attachment: Resolution No. 2022-XX Plot Plan (PEN21-0112) [Revision 2] (5641 : Courtyards at Cottonwood Phase II) Exhibit A
CONDITIONS OF APPROVAL PEN21-0112
F.2.s
Packet Pg. 3995 Attachment: Resolution No. 2022-XX Plot Plan (PEN21-0112) [Revision 2] (5641 : Courtyards at Cottonwood Phase II)

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0112)

CITY OF MORENO VALLEY

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0112)
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. This approval shall expire three years after the approval date of this project unless used or extended as provided for by the City of Moreno Valley Municipal Code; otherwise it shall become null and void and of no effect whatsoever. Use means the beginning of substantial construction contemplated by this approval within the three-year period, which is thereafter pursued to completion, or the beginning of substantial utilization contemplated by this approval. (MC 9.02.230)

5. 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.

F.2.t
Packet Pg. 3996 Attachment: Exhibit A to Resolution No. 2022-XX Plot Plan (PEN21-0112) Conditions of Approval (5641 : Courtyards at Cottonwood Phase II)

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0112)

6. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. (MC 9.02.030)

7. 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)

8. 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)

9. All site plans, grading plans, landscape and irrigation plans, fence/wall plans, lighting plans and street improvement plans shall be coordinated for consistency with this approval.

Special Conditions

10. Owners developing density bonus units, as part of an approved affordable housing development, shall enter into a Density Bonus Housing Agreement with the City of Moreno Valley prior to issuance of any Grading or Building permits for a rental project. Upon execution of said agreement, the City shall record the document with the County Recorder's Office. The terms of the Density Bonus Housing Agreement shall run with the property for the life of the affordability period.

11. 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 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).

12. This site has been approved for Phase II of the Courtyards at Cottonwood for 32 affordable multi-family residential dwelling units contained in two (2) two-story multi-family buildings. The project will connect with Phase 1 on the south side with reciprocal access provided to include ingress and egress from Indian Street and Cottonwood Avenue. Phase II includes a trash enclosure, a laundry building and all amenities constructed in Phase I are provided to the Buildings in Phase II.

F.2.t
Packet Pg. 3997 Attachment: Exhibit A to Resolution No. 2022-XX Plot Plan (PEN21-0112) Conditions of Approval (5641 : Courtyards at Cottonwood Phase II)

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0112)

13. Prior to issuance of any permits for the subject project, a Resolution shall be adopted for a General Plan Amendment to amend the land use of the 1.61-acre project site from Public (P) District to Residential 15 (15) District.

14. Prior to issuance of any permits for the subject project, a Ordinance shall be adopted for a Change of Zone to rezone the 1.61-acre project site from Public (P) District to Residential 15 (15) District.

Prior to Grading Permit

15. Prior to issuance of any grading permit, all Conditions of Approval and Mitigation Measures shall be printed on the grading plans.

16. Prior to issuance of any grading permits, mitigation measures contained in the Mitigation Monitoring Program approved with this project shall be implemented as provided therein. A mitigation monitoring fee, as provided by City ordinance, shall be paid by the applicant within 30 days of project approval. No City permit or approval shall be issued until such fee is paid. (CEQA)

17. Prior to issuance of grading permits, the developer shall pay the applicable Stephens’ Kangaroo Rat (SKR) Habitat Conservation Plan mitigation fee. (Ord)

18. Prior to issuance of grading permits, the developer shall submit wall/fence plans to the Planning Division for review and approval as follows:
a. A maximum 6 foot high solid decorative block perimeter wall with pilasters and a cap shall be required adjacent to all residential zoned areas. b. Any proposed retaining walls shall be decorative in nature, while the combination of retaining and other walls on top shall not exceed the height requirement.
c. Any proposed retaining walls shall also be decorative in nature, while the combination of retaining and other walls on top shall not exceed the height requirement.
d. Walls and fences for visual screening are required when there are adjacent residential uses or residentially zone property. The height, placement and design will be based on a site specific review of the project. All walls are subject to the approval of the Planning Official. (MC 9.08.070)
d. Show all trash enclosures on the plans to include a solid roof designed consistent with the proposed development.

F.2.t
Packet Pg. 3998 Attachment: Exhibit A to Resolution No. 2022-XX Plot Plan (PEN21-0112) Conditions of Approval (5641 : Courtyards at Cottonwood Phase II)

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0112)

19. 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.

Prior to Building Permit

20. Prior to issuance of any building permit, all Conditions of Approval and Mitigation Measures shall be printed on the building plans.

21. Prior to the issuance of building permits, the developer shall provide documentation that contact was made to the U.S. Postal Service to determine the appropriate type and location of mailboxes.

22. Prior to the issuance of building permits, proposed covered trash enclosures shall be included in the Planning review of the Fence and Wall plan or separate Planning submittal. The trash enclosure(s), including the roof materials, shall be compatible with the architecture, color and materials of the building(s) design. Trash enclosure areas shall include landscaping on three sides. Approved design plans shall be included in a Building submittal (Fence and Wall or building design plans). (GP Objective 43.6, DG)

23. Prior to issuance of any building permits, final landscaping and irrigation plans shall be submitted for review and approved by the Planning Division. After the third plan check review for landscape plans, an additional plan check fee shall apply. The plans shall be prepared in accordance with the City's Landscape Requirements and shall include:
a. A three (3) foot high decorative wall, solid hedge or berm shall be placed in any setback areas between a public right of way and a parking lot for screening. b. Finger and end planters with required step outs and curbing shall be provided every 12 parking stalls as well as at the terminus of each aisle. c. Drought tolerant landscape shall be used. Sod shall be limited to gathering areas. (or No sod shall be installed)
d. Street trees shall be provided every 40 feet on center in the right of way. e. On-site trees shall be planted at an equivalent of one (1) tree per thirty (30) F.2.t
Packet Pg. 3999 Attachment: Exhibit A to Resolution No. 2022-XX Plot Plan (PEN21-0112) Conditions of Approval (5641 : Courtyards at Cottonwood Phase II)

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0112)

linear feet of the perimeter of a parking lot and per thirty linear feet of a building dimension for the portions of the building visible from a parking lot or right of way .

Trees may be massed for pleasing aesthetic effects.
f. Enhanced landscaping shall be provided at all driveway entries and street corner locations The review of all utility boxes, transformers etc. shall be coordinated to provide adequate screening from public view. g. Landscaping on three sides of any trash enclosure.
h. All site perimeter and parking lot landscape and irrigation shall be installed prior to the release of certificate of any occupancy permits for the site or pad in question (master plot plan).

24. 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)

25. 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)

26. 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)

27. Prior to or at building plan check submittal, the elevation plans shall include decorative lighting sconces on all sides of the buildings of the complex facing a parking lot, courtyard or plaza, or public right of way or open space to provide up-lighting and shadowing on the structures. Include drawings of the sconce details for each building within the elevation plans, approved by the Planning Division prior to building permit issuance.

28. Detailed, on-site, computer generated, point-by-point comparison lighting plan, including exterior building, parking lot, and landscaping lighting, shall be included in the Building Plans for review by the Planning Division. The lighting plan shall be F.2.t
Packet Pg. 4000 Attachment: Exhibit A to Resolution No. 2022-XX Plot Plan (PEN21-0112) Conditions of Approval (5641 : Courtyards at Cottonwood Phase II)

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0112)

generated on the plot plan and shall be integrated with the final landscape plan. The plan shall indicate the manufacturer's specifications for light fixtures used, shall include style, illumination, location, height and method of shielding per the City’s Municipal Code requirements. After the third plan check review for lighting plans, an additional plan check fee will apply. (MC 9.08.100, 9.16.280)

29. Prior to issuance of building permits, screening details shall be addressed on the building plans for roof top equipment submitted for Planning Division review and approval through the building plan check process. All equipment shall be completely screened so as not to be visible from public view, and the screening shall be an integral part of the building.

Prior to Building Final or Occupancy

30. 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).

31. Prior to building final, Planning approved/stamped landscape plans shall be provided to the Community Development Department – Planning Division on a CD disk.

32. 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).

COMMUNITY DEVELOPMENT DEPARTMENT
Building Division

33. 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.

34. Contact the Building Safety Division for permit application submittal requirements.

35. 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 California Green Building Standards Code, sections 5.410.2 - 5.410.2.6 must be met.

36. Any construction within the city shall only be as follows: Monday through Friday F.2.t
Packet Pg. 4001 Attachment: Exhibit A to Resolution No. 2022-XX Plot Plan (PEN21-0112) Conditions of Approval (5641 : Courtyards at Cottonwood Phase II)

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0112)

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.

37. Building plans submitted shall be signed and sealed by a California licensed design professional as required by the State Business and Professions Code.

38. 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.

39. 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.

40. 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.

41. 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 California Plumbing Code, Table 422.1. The occupant load and occupancy classification shall be determined in accordance with the California Building Code.

42. 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)

43. The proposed residential project (3 or more dwelling units) shall comply with the latest Federal Law, Americans with Disabilities Act, and State Law, California Code of Regulations, Title 24, Chapter 11A for accessibility standards for the disabled including access to the site, exits, kitchens, bathrooms, common spaces, pools/spas, etc.

FIRE DEPARTMENT
Fire Prevention Bureau

44. Prior to issuance of Building Permits, the applicant/developer shall provide the Fire Prevention Bureau with an approved site plan for Fire Lanes and signage. (CFC F.2.t
Packet Pg. 4002 Attachment: Exhibit A to Resolution No. 2022-XX Plot Plan (PEN21-0112) Conditions of Approval (5641 : Courtyards at Cottonwood Phase II)

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0112)

501.3)

45. 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)

46. 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)

47. 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])

48. 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.

49. 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.

50. The Fire Code Official is authorized to enforce the fire safety during construction requirements of Chapter 33. (CFC Chapter 33 & CBC Chapter 33)

51. 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])

52. 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])

53. 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 F.2.t
Packet Pg. 4003 Attachment: Exhibit A to Resolution No. 2022-XX Plot Plan (PEN21-0112) Conditions of Approval (5641 : Courtyards at Cottonwood Phase II)

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0112)

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)

54. 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)

55. Prior to issuance of Building Permits, plans for structural protection from vegetation fires shall be submitted to the Fire Prevention Bureau for review and approval.

Measures shall include, but are not limited to: noncombustible barriers (cement or block walls), fuel modification zones, etc. (CFC Chapter 49)

56. 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)

57. 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 the project will be determined at time of submittal. (CFC 507.3, Appendix B)

58. "Fully Sprinkled Per NFPA 13". Per discussion with Fire Marshal Doug Bloom the addition of fire sprinklers in the attic is an acceptable mitigation to address the hose reach/ access alternative.

59. Access gate from Indian (note 34) on sheet A-0 shall be equipped with Knox box and signage indicating FD Access point/ gate.

60. Prior to construction, all traffic calming designs/devices must be approved by the Fire Marshal and City Engineer.

PUBLIC WORKS DEPARTMENT
Land Development
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Packet Pg. 4004 Attachment: Exhibit A to Resolution No. 2022-XX Plot Plan (PEN21-0112) Conditions of Approval (5641 : Courtyards at Cottonwood Phase II)

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0112)

61. 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.

62. 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]

63. The final approved conditions of approval (COAs) issued and any applicable Mitigation Measures by the Planning Division shall be photographically or electronically placed on mylar sheets and included in the Grading and Street Improvement plans.

64. 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.

65. 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.

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Packet Pg. 4005 Attachment: Exhibit A to Resolution No. 2022-XX Plot Plan (PEN21-0112) Conditions of Approval (5641 : Courtyards at Cottonwood Phase II)

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0112)

66. 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]

67. 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)]

68. 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]

69. The maintenance responsibility of the proposed storm drain line shall be clearly identified. Storm drain lines within private property will be privately maintained and those within public streets will be publicly maintained.

70. The proposed private storm drain system shall be designed and constructed in a manner to be consistent with the final drainage study and the grading and improvement plans. As applicable, a storm drain manhole shall be placed at the right of way line to mark the beginning of the publicly maintained portion of this storm drain.

71. 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. Rough grading w/ erosion control plan (prior to grading permit issuance); b. Precise grading w/ erosion control plan (prior to grading permit issuance); c. Sewer and water plans (prior to encroachment permit issuance); d. Final drainage study (prior to grading plan approval); e. Final WQMP (prior to grading plan approval);
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Packet Pg. 4006 Attachment: Exhibit A to Resolution No. 2022-XX Plot Plan (PEN21-0112) Conditions of Approval (5641 : Courtyards at Cottonwood Phase II)

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0112)

f. As-Built revision for all plans (prior to Occupancy release).

Prior to Grading Plan Approval

72. Resolution of all drainage issues shall be as approved by the City Engineer.

73. 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.

74. Emergency overflow areas shall be shown at all applicable drainage improvement locations in the event that the drainage improvement fails or exceeds full capacity.

75. 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 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 a bioretention basin.

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.
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 F.2.t
Packet Pg. 4007 Attachment: Exhibit A to Resolution No. 2022-XX Plot Plan (PEN21-0112) Conditions of Approval (5641 : Courtyards at Cottonwood Phase II)

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0112)

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.

76. 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.

77. 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.

78. 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.

79. The developer shall pay all remaining plan check fees.

80. Landscape & Irrigation plans (prepared by a registered/licensed landscape architect) for water quality BMPs shall be submitted for review and approved by the City Engineer per the current submittal requirements, if applicable.

81. 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.

82. Any proposed trash enclosure shall include a solid cover (roof) and sufficient size for dual bin (one for trash and one for recyclables). The architecture shall be approved by the Planning Division and any structural approvals shall be made by the Building & Safety Division.

83. For projects that will result in discharges of storm water associated with construction F.2.t
Packet Pg. 4008 Attachment: Exhibit A to Resolution No. 2022-XX Plot Plan (PEN21-0112) Conditions of Approval (5641 : Courtyards at Cottonwood Phase II)

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0112)

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

84. 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)]

85. 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.

86. 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.

87. Prior to the payment of the Development Impact Fee (DIF), the developer may enter 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]

88. A digital (pdf) copy of all approved grading plans shall be submitted to the Land Development Division.

89. 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)]

90. 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]

91. The developer shall pay all applicable inspection fees.

92. 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 F.2.t
Packet Pg. 4009 Attachment: Exhibit A to Resolution No. 2022-XX Plot Plan (PEN21-0112) Conditions of Approval (5641 : Courtyards at Cottonwood Phase II)

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0112)

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 Improvement Plan Approval

93. 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.

94. The developer shall submit clearances from all applicable agencies, and pay all applicable plan check fees.

95. The street improvement plans shall comply with current City policies, plans and applicable City standards (i.e. MVSI-160 series, etc.) throughout this project.

96. 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.

97. 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 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]

98. 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.

99. Any missing or deficient existing improvements along the project frontage or related to the project 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 existing pavement section is per current City Standards; additional signing & striping to accommodate increased traffic imposed by the development, etc.
100. 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 F.2.t
Packet Pg. 4010 Attachment: Exhibit A to Resolution No. 2022-XX Plot Plan (PEN21-0112) Conditions of Approval (5641 : Courtyards at Cottonwood Phase II)

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0112)

abandons such offers, unless otherwise approved by the City Engineer. 101. 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.
102. 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.

Prior to Encroachment Permit
103. A digital (pdf) copy of all approved improvement plans shall be submitted to the Land Development Division.
104. All applicable inspection fees shall be paid.
105. 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] 106. 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.
107. Any work performed within public right-of-way requires an encroachment permit.

Prior to Building Permit
108. An engineered-fill certification, rough grade certification and compaction report shall be submitted for review and approved by the City Engineer. A digital (pdf) copy of the approved compaction report shall be submitted to the Land Development Division. All pads shall meet pad elevations per approved grading plans as noted by the setting of “blue-top” markers installed by a registered land surveyor or licensed civil engineer.

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Packet Pg. 4011 Attachment: Exhibit A to Resolution No. 2022-XX Plot Plan (PEN21-0112) Conditions of Approval (5641 : Courtyards at Cottonwood Phase II)

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0112)

109. For Commercial/Industrial projects, the owner may have to secure coverage under the State’s General Industrial Activities Storm Water Permit as issued by the State Water Resources Control Board.
110. A walk through with a Land Development Inspector shall be scheduled to inspect existing improvements within public right of way along project frontage. Any missing, damaged or substandard improvements including ADA access ramps that do not meet current City standards shall be required to be installed, replaced and /or repaired. The applicant shall post security to cover the cost of the repairs and complete the repairs within the time allowed in the public improvement agreement used to secure the improvements.
111. Certification to the line, grade, flow test and system invert elevations for the water quality control BMPs shall be submitted for review and approved by the City Engineer.
112. For non-subdivision projects, the developer shall guarantee the completion of all related public improvements required for this project by executing a Public Improvement Agreement (PIA) with the City and posting the required security. [MC

9.14.220]
Prior to Occupancy
113. All outstanding fees shall be paid.
114. 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.
115. The final/precise grade certification shall be submitted for review and approved by the City Engineer.
116. 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 F.2.t
Packet Pg. 4012 Attachment: Exhibit A to Resolution No. 2022-XX Plot Plan (PEN21-0112) Conditions of Approval (5641 : Courtyards at Cottonwood Phase II)

CONDITIONS OF APPROVAL
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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]
117. The developer shall complete all public improvements, as applicable, in conformance with current 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 (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. Undergrounding 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.
118. 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.
119. 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;
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Packet Pg. 4013 Attachment: Exhibit A to Resolution No. 2022-XX Plot Plan (PEN21-0112) Conditions of Approval (5641 : Courtyards at Cottonwood Phase II)

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0112)

c. Demonstrate that Developer is prepared to implement all non-structural BMPs 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
120. Maintenance Responsibility. The ongoing maintenance of any landscaping required to be installed behind the curb shall be the responsibility of the property owner. 121. Zone A Per Dwelling Unit. The Moreno Valley Community Services District Zone A (Parks & Community Services) tax is levied on the property tax bill on a per parcel or dwelling unit basis. Upon the issuance of building permits, the Zone A tax will be assessed based on 32 dwelling units.
122. Zones A and C. The parcel(s) associated with this project is included in Moreno Valley Community Services District Zone A (Parks & Community Services) and Zone C (Arterial Street Lighting). Zone A is levied on the property tax bill on a per parcel or dwelling unit basis. Zone C is levied on the property tax bill on a per parcel basis. Zone A and Zone C are levied against all assessable parcels, and any subdivision thereof.

Prior to Building Permit
123. NPDES Funding. Prior to applying for the 1st Building Permit and if the Land Development Division requires this project to provide a funding source for the City’s National Pollutant Discharge Elimination System (NPDES) program, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the balloting/annexation fee or fund an endowment) to provide an ongoing funding source for the NPDES program. This condition must be fully satisfied prior to issuance of the 1st Certificate of Occupancy. This condition will be satisfied with the successful special election process into the NPDES program, or other special financing district, and payment of all costs associated with the special election process. Participation in the NPDES program requires an annual payment of the annual special tax, assessment, rate 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 City Council action to consider the ballot/annexation into or formation of the district, the qualified elector(s) will not protest the ballot/annexation or formation, but will retain the right to object to any eventual tax/assessment/rate/fee that is not equitable should the financial burden of the tax/assessment/rate/fee not be reasonably F.2.t
Packet Pg. 4014 Attachment: Exhibit A to Resolution No. 2022-XX Plot Plan (PEN21-0112) Conditions of Approval (5641 : Courtyards at Cottonwood Phase II)

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0112)

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. (MC 3.50.050).

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, as calculated by Special Districts Admin staff. The Developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to satisfy this condition.
124. Maintenance Services 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 use the alternative identified at the time of the special financing district formation) to provide an ongoing funding source for the operation and maintenance of public improvements and/or services associated with impacts of the development. This condition will only be applicable provided said district is under development at the time this project applies for the 1st Building Permit.

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.

An alternative to satisfying this funding source will be identified at such time as a special financing district has been established. At the time of development, the developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to determine if this condition is applicable. 125. Public Safety 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 use the alternative identified at the time of the special financing district formation ) to provide an ongoing funding source for Public Safety services, which may include F.2.t
Packet Pg. 4015 Attachment: Exhibit A to Resolution No. 2022-XX Plot Plan (PEN21-0112) Conditions of Approval (5641 : Courtyards at Cottonwood Phase II)

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0112)

but is not limited to Police, Fire Protection, Paramedic Services, Park Rangers, and Animal Control services. This condition will only be applicable provided said district is under development at the time this project applies for the 1st Building Permit.

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.

An alternative to satisfying this condition will be identified at such time as a special financing district has been established. At the time of development, the developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to determine if this condition is applicable. 126. Major Infrastructure SFD Major Infrastructure Financing District. 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 use the alternative identified at the time of the special financing district formation) to provide an ongoing funding source for the construction and maintenance of major infrastructure improvements, which may include but is not limited to thoroughfares, bridges, and certain flood control improvements. This condition will be applicable provided said district is under development at the time this project applies for the 1st Building Permit. 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 F.2.t
Packet Pg. 4016 Attachment: Exhibit A to Resolution No. 2022-XX Plot Plan (PEN21-0112) Conditions of Approval (5641 : Courtyards at Cottonwood Phase II)

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0112)

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. An alternative to satisfying this condition will be identified at such time as a special financing district has been established. At the time of development, the developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to determine if this condition is applicable.

PARKS & COMMUNITY SERVICES DEPARTMENT
127. This project is subject to current Development Impact Fees.

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Packet Pg. 4017 Attachment: Exhibit A to Resolution No. 2022-XX Plot Plan (PEN21-0112) Conditions of Approval (5641 : Courtyards at Cottonwood Phase II)